TERMS OF REFERENCE IDENTIFICATION OF MIGRATION PRIORITIES IN THE ESA REGION
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1 i. BACKGROUND TERMS OF REFERENCE IDENTIFICATION OF MIGRATION PRIORITIES IN THE ESA REGION IGAD together with COMESA and the East African Community (EAC) are jointly implementing the Regional Political Integration and Human Security Support program funded under the 10 th EDF. The overall objective of this program is to support the Eastern and Southern Africa (ESA), Indian Ocean (IO) regional organizations (ROs) political integration agenda with the end result of improving political governance, transparency, democratization processes, security, stability and sustainable development in the region through strategic regional cooperation with the ultimate being the achievement of poverty reduction and improved welfare for the peoples of the region. The first phase of the program is largely laying the preparatory work/scoping for policy and further program formulation conducting research and surveys on all the three result areas of democracy led by COMESA, governance led by the EAC and human security in which IGAD takes lead. While regional integration undoubtedly has immense benefits for the ESA region, it also brings with it challenges and opportunities emanating from the movement of people and goods. It is crucial to analyze how issues of asylum, refugees and IDPs will shape up with borderless regions as the effects of migration often tend to spill over to neighboring countries and even affect an entire region. Issues that were not of concern to certain states may suddenly need to be addressed as states integrate regionally. It is clear that more people will be moving within these expanded regions in search for opportunities and labour migration may be a priority for RECs that have policies/mechanisms on free movement of persons. The AU in Banjul 2006 ; under its decision EX.CL/Dec.304 (ix) adopted the migration policy framework for Africa as a basic guideline and reference document for the RECs and member states to develop their own regional and national migration policies. IGAD has already developed a Regional Migration Policy Framework which is inspired by the AU Migration Policy Framework while at the same time addressing the unique challenges that face the IGAD member states and the horn of Africa. The Framework addresses inter alia peace and security, conflict and displacement migration and development, migration and labor, irregular migration, environment, climate change, pastoralism and migration, border management. While significant progress has been made in dealing with some aspects of migration, more still remains to be done. It should also be noted that these issues are not specific to the IGAD region; they are experienced within COMESA and the EAC. It is for this reason that the need to identify the priority areas in migration in the ESA region is urgent. Prioritization will be done based on the AU Migration Framework but will also include aspects of migration that may be specific to member states or RECs. For instance, pastoralism and mobility is an issue that affects the IGAD region but may not COMESA while cross border trade may be COMESAs priority. A member state may also have priorities arising from its 1
2 geographical positioning on a migratory route, porous borders or even economic standing that may attract labour migrants. This will be with the overall aim of improving management of migration and therefore reducing the social and environmental costs associated with irregular migration through strengthening the capacity of member states to manage migration and build safer and more resilient communities and support regional and national sustainable development. At the same time, it will assist RECs and member states to plan on resources allocation for migration and assist in policy formulation and implementation. The prioritization will take cognizant of the migration trends and realities in Africa as these are constantly changing and affected by governance and democratization processes. Broadly, the following migration aspects will be examined. 1. Labour Migration 2. Border management 3. Irregular migration including migrant smuggling, human trafficking, return and admission and national and international security and stability 4. Forced displacement ; refugees and asylum seekers, IDPs, Protracted Displacement situations, Crisis prevention, management and conflict resolution, integration and non discrimination & sateless persons 5. Internal migration 6. Migration data 7. Migration and development 8. Interstate and interregional cooperation 9. Social issues affecting migration inter alia migration, poverty and conflict, migration and health, migration environment, migration and trade, migration and gender, migration, children, adolescent and youth & migration and the elderly As noted before these are the issues that are thematic areas of migration that have to be looked at but the list is not in any way exhaustive; the researcher may come across information on other aspects of migration that deserve attention and may be of priority for RECs and member states in the ESA region ii. THE OVERALL, SPECIFIC OBJECTIVES AND PURPOSE The aim of the prioritization survey is to identify different areas of migration that need intervention in terms of policy or programs. For instance, in the recent past, the challenge of mixed migration has become an issue of concern to almost all of the IGAD member states; this is a new trend and something that the states have to grapple with and consider alongside other issues like border management. There are aspects that may also need to be reinforced and areas in which capacity of RECs and member states needs to be strengthened so as to effectively address them. The study will also seek to find out/ analyze the factors that shape up migration realities and trends for the different member state and RECs. In so doing, the question of why for instance some states experience irregular migration and why it needs to be addressed as a matter of priority as compared to forced displacement will be answered. This will provide an action plan through which systematic and prioritized intervention can be carried out so that 2
3 at the end migration is addressed in a comprehensive way while at the same time allocating resources to those areas that are of greater concern to states. This will be with the overall purpose of managing migration effectively so that it benefits countries of origin and those of destination and the migrants themselves. iii. APPROACH AND METHODOLOGY The Methodology of the study will entail visiting the RECS in the ESA region including the Indian Ocean Commission. The migration desks at the RECs will be of paramount importance to the study. Select ESA states will also be visited and the ministries/institutions responsible for migration interviewed. This will of course be preceded by a review of policies and mechanisms in place to address migration within the RECs and also interventions by international organizations dealing with migration including but not limited to IOM, ILO, UNHCR, and WTO. The African Union commission will also be involved in the prioritization study. The consultant will be required to outline the indicative approach/ stakeholders that shall be involved in this study during the initial submission of the proposal in response to the TORs for this consultancy. iv. SPECIFIC ACTIVITIES OF THE CONTRACT/CONSULTANCY The consultant will be expected to produce a well documented/researched study prioritizing the various aspects of migration in the ESA region and proposed interventions. This will be derived from interviews with the RECs and member states as well as the consultants own situational analysis. Moreover, the study should determine the steps that the ESA- states should take in addressing the prioritized issues and clarify the RECs role in realization of the interventions proposed. The consultant will be required to undertake the following specific activities:- Identify and analyse migration opportunities and challenges in the ESA region Identify and examine the migration aspects of concern to the ESA region and how these are shaped by migration realities in neighbouring countries and regions. Prioritize the identified migration topics analyzing the factors that influence them. Examine the opportunities and challenges to migration that arise from regional integration in the ESA region Analyze current interventions for the prioritized areas by states, RECs, international organizations examining the opportunities and challenges for these interventions Make recommendations on the specific intervention needed to address the prioritized migration issues based on best practices. Assess member states and RECs capacity to intervene in identified priority areas. Recommend an action plan for member states and RECs intervention in identified priority areas. The consultant will be required to:- 1. Visit IGAD, COMESA, EAC, IOC and SADC secretariats and conduct extensive consultations with relevant departments and RECs focal persons on migration. 2. Visit select ESA states and conduct extensive consultations with relevant Government Ministries/Institutions, 3
4 3. Review existing ESA states national, regional policies and mechanism on migration with the view to identifying priority areas for policy review and/or development. 4. Review studies and policy documents by inter alia UN, NGOs, research institutions on migration realities in the ESA region 5. Conduct consultations with organizations working on migration inter alia IOM, UNHCR, UNODC, WTO, ILO on emerging migration priorities in the ESA region 6. Present the draft study report to IGAD, SADC, COMESA, IOC and EAC 7. Incorporate the feedback from the RIOs into the final study report to be deposited with IGAD v. THE CONSULTANCY OUTPUTS The outputs of the consultancy of the draft baseline survey on the state of play on mechanisms and gaps in migration and population displacement in the ESA region will include; 1. An inception report before the field visits that will include the work schedule and timeframe. 2. A well researched and comprehensive study report on migration priorities in the ESA region 3. An elaborate Action Plan for policy reform and reintegration of migration priorities in the ESA region vi. THE CONSULTANCY TIMEFRAME The consultant will be required to undertake the exercise within 30 calendar days after the signing of the contract and produce the outcomes and outputs as outlined above. The consultant may wish to distribute the workload and time available in all the activities stipulated hereunder in the TORs of the consultancy between the RECs Secretariats, the member states, consultative meetings, and drafting of the report as deemed appropriate but with consultations with the IGAD Secretariat. vii. CONSULTANT(S) QUALIFICATIONS The consultant(s) should possess working experience in the ESA region and/or having worked with other regional integration organizations. Preference will be given to individuals or organizations with proven relevant experience in undertaking a task of similar magnitude, and shall preferably among others, have the following qualifications and experience:- 1. Should preferably be a national of one of the ESA states 2. Advanced degree in social sciences preferably in international relations, law 3. At least 6 years of professional working experience at national or regional levels on regional integration matters including governance, displacement, migration. 4. Adequate knowledge and exposure to Regional Economic Communities (RECs), Migration and regional cooperation initiatives will be required. 4
5 5. Analytical skills with ability to write and review technical reports will be required. 6. Ability to apply social science research methodology. 7. Proven track record to work in a multi-cultural and multi-disciplinary environment is necessary. 8. Fluency in English with French as an added advantage. 9. Strong computer skills. viii. LOCATION The consultancy will be coordinated from the IGAD Secretariat Headquarters in Djibouti, but the consultant will be required to travel within the ESA region. ix. CONSULTANCY COST The consultancy will be paid a total lump sum amount of EUR 20,000. IGAD will cater for flight costs to RECs and member states and a daily sustenance allowance as per the EU rate. x. SUBMISSION OF APPLICATIONS Applications including a not more than 5 pages counter proposal should be submitted to: THE PROGRAMME MANAGER, HEALTH AND SOCIAL DEVELOPMENT IGAD SECRETARIAT AVENUE GEORGES CLEMENCEAU P.O. BOX 2653 DJIBOUTI, REPUBLIC OF DJIBOUTI Tel: /Fax: igad@igad.int copying jawahir.hassan@igad.int The Deadline for submission of applications is 15th September
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