TERMS OF REFERENCE FOR THE CALL FOR TENDERS

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1 Reference: ACPOBS/2011/008 August 2011 Assessment of the Kenyan Policy Framework concerning South-South Labour Migration TERMS OF REFERENCE FOR THE CALL FOR TENDERS For undertaking research commissioned by the ACP Observatory on Migration ACP OBSERVATORY ON MIGRATION 20, rue Belliardstraat (7th floor) 1040 Brussels Tel: +32 (0) Fax: +32 (0) An ACP Secretariat initiative, implemented by IOM, funded by the European Union and with the financial support of Switzerland

2 SUMMARY A key objective for governments in the African, Caribbean and Pacific (ACP) countries is how to effectively integrate human mobility into national and regional development plans and poverty reduction strategies. The lack of concrete and reliable evidence on the interrelationships between migration and development limits the global understanding of migration opportunities and impedes efforts to address challenges facing ACP countries. The role of migrants as development agents for the ACP countries should be scrutinized to respond to the unmet and achievable needs and enhance the efficiency of such a contribution. The ACP Observatory on Migration will lead groundbreaking South-South studies and research and disseminate the findings to fill the gaps. The planned study aims to contribute to the identification and better understanding of the South-South labour migration needs in Kenya. The capacity needs assessment will focus on both needed improvements of the framework governing the emigration of workers to ACP countries as well as immigration of workers in Kenya, taking into consideration their potential in the national and regional development plans. The research will analyse the institutional framework governing labour migration in Kenya and foster recommendations to improve the programmatic and policy framework by elaborating a short- and long-term policy strategy based on good practices from other ACP and developing countries. In accordance with its research plan, the ACP Observatory on Migration (hereafter ACP Observatory) will commission and coordinate an assessment of the South-South labour migration framework in Kenya to enhance its role in the national development strategy. A researcher or research team will be selected through a Call for Tenders to undertake the research activities. The main outcome of the study will consist in a set of key recommendations suggesting policy interventions which can facilitate South-South labour immigration and emigration and promote its positive potential for human development and will be disseminated, discussed and endorsed by the national forum. The ACP Observatory will provide technical support and allocate funds to deliver this result. This activity is expected to last at a maximum 4 months.

3 1.0 Background and Justification 1) The Situation or Problem to be Addressed Several studies have covered topics related to labour migration in Kenya and East Africa (Munyae, ND; Macharia, 2003; Shitundu, 2006; Makoffu, 2010; Achacoso, 2010). Indeed, labour migration, including the emigration of large numbers of highly-skilled workers, are among the main concerns of policymakers, researchers and civil society in Kenya. Researchers argue that high youth unemployment in rural areas as well as social and economic inequalities are among the main drivers of internal and cross-border migration in the country. According to a study conducted by Miguel and Hamory (2009, based on data collected by Kenyan Life Panel Survey in 1998, 2003/2005 and 2007/2008), work opportunities are higher in urban areas than in rural ones. This study further reveals that unemployed men generally search for paid occupations in both rural and urban areas, whereas women tend to migrate to urban areas for employment. High rural unemployment, intercommunity inequality, environmental factors such as droughts and rainfall unpredictability, high population growth as well as political instability can be considered as the main drivers of emigration in Kenya in recent years. Many Kenyans have emigrated abroad. However, it is hard to find accurate quantitative data on the numbers and trends of Kenyan diasporas (Ghai, 2004). According to the estimates of the Centre on Migration, Globalization and Poverty from Sussex University (based on census data for the period ), in 2005, the stock of Kenyan emigrants was estimated at The United Kingdom, with 14.5 per cent of Kenyan emigrants is the main destination country, followed by Tanzania (13.5 %), the United States of America (4.98 %), Uganda (3.67), and Canada (2.2 %) (Migration DRC, 2007). The same source indicates that over the period , 41.5 per cent of Kenyan migrants were residing in Africa, 37.9 per cent in Europe, 14.4 per cent in North America, 4.2 per cent in Asia, and 0.2 per cent in Latin America and the Caribbean. From these data, it can be inferred that more than half of Kenyan emigrants live in Europe and North America, followed by South-South migration within Africa and to other developing countries. Kenya is an important destination country for migrants coming from Central and East Africa as well as other continents. In 2010, the Population Division of the United Nations Department of Economic and Social Affairs (UN PD) estimates the stock of international migrants residing in Kenya to reach persons, or 2 per cent of the total population (UN PD, 2009). According to the same source, female migrants stood at or 50.8 per cent of international migrant stock. This rate is slightly higher than world average (49 %) and requires more attention. Therefore, it is advisable to conduct a qualitative study in order to better understand the phenomenon. Overall, the stock of international migrants in Kenya as a share of the total population is decreasing. 1 In 2005, with a total of persons, international migrants represented 2.2 per cent of the total population (UN PD, 2009). Compared to 2010, it can be noticed that the rate has decreased slightly from 2.2 to 2 per cent. Furthermore, according to statistical data released by the Development Research Centre on Migration, Globalisation and Poverty (Migration DRC), in 2005, the total number of non-kenyan residents was estimated at There is a striking difference (50%) between data by UN PD and estimates by the Development Research Centre on Migration, Globalisation and Poverty (DRC). This may be due to differences with respect to the definitions and methodologies used by each institution. Therefore, in order to enhance the contribution of research to migration management policies, there is a need to harmonise research methodologies and definitions both at national and regional level. The overall majority of these migrants, or 79 per cent of the total, came from a great variety of sub-saharan Africa countries. The top twelve countries of origin were Nigeria (7.90%), the Republic of the Congo (7.61%), Eritrea (7.50%), Burundi (6.31%), the Democratic Republic of the Congo (DRC, 5.76%), Mozambique (4.25%), Somalia (4.30%), Chad (4.3%), Sudan (3.81%), Rwanda (3.59%), Senegal (2.78%) and Mali (1.72%; DRC, 2007). Kenya is an innovative example of how to link counter-trafficking and labour migration issues by addressing the issue of trafficking through the fostering legal opportunities to work abroad. With the technical support of the International Organization for Migration, the local Private Employment Agencies (PEA) umbrella body, the Kenya Association of Private Employment Agencies (KAPEA), developed a Code of Conduct and a Constitution. This Code has been adopted by the PEA association on 20 December, 2006 and can be considered one of the first of its kind in the region. The self-regulatory measure lays out the standards for the provision of services regarding liaison with job seekers, employers, other PEAs and other stakeholders, applying international legal conventions and national policies as well as best practices. Furthermore, the 1 In 2010, the total population of Kenya was estimated to have reached million, having increased by almost 10 million since 2000 (31.44 million; UN PD, 2009).

4 Code of Conduct specifies the practices breaching the code and how resulting sanctions can be determined. It is important to assess the implementation of this code and possible obstacles to its smooth application. In 2007 the Ministry of Youth Affairs & Sports (MOYAS) was also mandated by the government to facilitate labour migration of 23,000 Kenyan youth to foreign countries as a means to creating employment and encouraging the regularised flow of remittances. A secretariat has already been established within the Youth Enterprise Development Fund (YEDF) and it is currently coordinating all aspects of the youth labour migration. For instance, the secretariat has focal points from key ministries such as the Ministries of Labour, Foreign Affairs, and Immigration, and is in the process of developing a legal framework for establishing Youth Employment Scheme Abroad (YESA). Cross-border migration for trade and the search for better opportunities have become a main concern for policy-makers, academics and civil society in the region (Masinjila, 2009). Indeed, East African Community (EAC) Partner States have committed to better manage scarce resources they have at their disposal, including the labour force (Musonda, 2006; IOM and Ministry of Labour, 2009; Makoffu, 2010; Munyae, ND). The Common Market Protocol of the EAC that came into effect in June 2010 has an annex that specifically deals with the regulation of movement of workers within the partner states. 2 In this respect, witnessing the human development potential of migration for both sending and receiving countries, Kenya has replaced the work permit system through the regional labour market protocol. This protocol, which came into effect in July 2010, allows free movement of labour, capital, goods and services within the region. However, Kenya as well as other EAC Member States need to amend their national legislations before full application of the protocol. This issues need to be addressed by providing a concrete evidence base. 2) The Target Group Direct beneficiaries of the project will be government officials, migrant workers from Kenya living abroad and immigrant workers in Kenya, as well as the private sector (banks and employers, employment agencies, etc.), NGOs, research institutes, and academic partners dealing with labour migration and development issues in addition to the overall Kenyan community. Indirect beneficiaries will be Kenyan households with one or more family members living abroad. 3) Rationale The Secretariat of the ACP Group of States acknowledges that mobility contributes to improving people s capabilities and to expanding individual choices for achievement of better life standards through poverty reduction and improvement of education and health. It has recommended that policy and institutional coherence can be achieved by creating an overarching global consensus on mobility that views the phenomenon as a livelihood strategy. The main objective is to create a human mobility framework in which the benefits of South-South mobility outweigh the costs. Mobility can achieve its full potential for development if some prerequisites related to fundamental freedoms of human beings are fulfilled, including those related to freedom of movement (Gallina, 2010). Considering these recommendations, researching the impact of South-South migration on development is becoming a core objective for the ACP Observatory on Migration. To ensure the assessment, monitoring and follow-up of such impacts, the ACP Observatory will commission the conducting of empirically-based studies building on existing research and findings on the migration and development nexus. The overall objective is to shape evidence-based policies capable of harnessing the potential contribution of migration to development. Moreover, the ACP Observatory has been mandated to produce accurate, reliable and harmonized data and information on South-South ACP migration. It aims also to enhance capacity building of policy-makers, civil society actors and research groups and individuals in ACP countries in order to improve migration knowledge, migrants situation and strengthen the migration-development nexus. In 2010, the Observatory prepared an overview on migration data and information on Kenya based on a desk review of migration research and data. Inputs and comments were provided by Kenyan government officials, NGOs and researchers through the former National Consultative Committee (NCC, now replaced by the national forum). This feedback was incorporated into the research priorities and Plan of Action in a 2 Annex II of the Common Market Protocol provides for the Free Movement of Workers Regulations for the EAC Partner States. 4

5 participatory and ownership-based approach. This process of national consultation allowed the identification of research and capacity building needs in terms of South-South migration and development trends and was subsequently endorsed by the NCC. Based on a review of existing data and information and national consultations between policymakers, researchers and civil society representatives in Kenya, the topic of an assessment of the South-South labour migration policy framework has been identified as a research priority for the activities of the ACP Observatory. Based on this demand, the proposed study aims to contribute to the identification and better understanding of the South-South labour migration needs in Kenya. Labour emigration and immigration is a key area of interest of the Government of Kenya, while it also entails considerable potential for regional cooperation in the East African Community (EAC). Given the importance drawn to regional labour migration and its opportunities in Kenya, a needs assessment is recommended to examine how the capacities of the different national actors need to be enhanced to ensure an effective implementation of existing processes through a comprehensive approach, particularly taking into consideration the specific South-South component. Challenges such as financial constraints and limited human resource capacities can impede the development and implementation of comprehensive labour migration strategies and plans (Achacoso, 2004; 2010). In addition, while intra-regional labour mobility is an important phenomenon, a concrete strategy has not been developed so far. In this regard, a study focusing on a policy assessment needs to be conducted with a view to improving the existing structure and the implementation of the new Dual Citizenship Provision with concrete recommendations. A researcher or research team will be selected to ensure the capacity building in the area of analysing existing frameworks, inter-ministerial cooperation and capacities. In the coming three years, the Observatory intends to implement different research studies and training activities as a response to existing data gaps and lack of institutional capacity to foster evidence-based migration policy decisions in the ACP countries. 2.0 Project Description 1) Strategy Considering that migration research and the issue of mainstreaming migration into development planning are becoming increasingly important, the proposed study could be a starting point for strengthening such a relationship in terms of labour mobility as well as enhancing the contribution of emigrant and immigrant workers to human development in Kenya. Of particular relevance will be the assessment of what role labour migration can play in the national development plan and poverty reduction strategy as well as data management capacities. The capacity needs assessment will focus on both needed improvements of the framework governing the emigration of workers to ACP countries as well as immigration of workers in Kenya, taking into consideration their potential in the national and regional development plans. The study will consist in taking stock of existing information, policies and programmes with a link to labour migration through a literature review. In addition, interviews with relevant stakeholders will shed further light on the role of South-South labour mobility in development. The research will analyse the institutional framework governing labour migration in Kenya as well as existing data and related challenges and foster recommendations to improve the programmatic and policy framework by elaborating a short- and long-term policy strategy based on good practices from other ACP and developing countries. This approach follows a similar study conducted in the Democratic Republic of the Congo as one of the pilot countries of the ACP Observatory on Migration, where this innovative South-South and intra-regional approach to labour mobility will be tested. In addition, a groundbreaking study on South-South diasporas from Kenya in ACP and other developing countries will provide insights into their potential participation in the political, socio-economic and human development of their country of origin. The findings of this study, which is also conducted on behalf of the ACP Observatory on Migration in Kenya, will complement the analysis of the South-South labour migration policy framework and provide important insights into how to maximize the potential of Kenyan diaspora members in the region and beyond. 5

6 2) Project Partners/Institutional Framework The ACP Observatory will commission and coordinate the proposed assessment of the South-South labour mobility framework in Kenya. A researcher or a research team will be selected through the present Call for Tenders to undertake the research activities. The main outcome of the study will consist of a set of key recommendations suggesting policy interventions which promotes the contribution of regional labour mobility in the national development plans, and will be disseminated, discussed and endorsed by the members of the national forum of the intra-acp Migration Facility. The ACP Observatory will provide technical support and allocate funds to deliver this result. This activity is expected to last at a maximum 4 months. According to the objectives of the ACP Observatory, a significant focus of these studies will be to build research capacity in the targeted countries. This will be done primarily through the commissioning of the study to be led by an academic(s), and supported and coached by mentors. These efforts will be particularly valuable because South-South migration issues have often not been a focus in the ACP countries and, consequently, there is much to be gained from working to build research capacity in this area. 3) Expertise and Experience The ACP Observatory on Migration will guide a researcher/research team (to be identified) based on its strong research expertise and based on assessments of previous labour migration study experiences with a South-South perspective. The collected information will be based on existing administrative sources and in particular stakeholder interviews at key institutions. The ACP Observatory on Migration will provide support in developing the concrete methodology, the semi-directed interview questionnaires and the literature review. The researcher/research team will consist of an expert(s) familiar with Kenyan emigration, immigration and labour migration patterns and diaspora issues in ACP countries. 2.0 Overall Objective(s) To contribute to the identification of labour market needs to prepare evidence-based policy decisions regarding South-South labour mobility in the national and regional employment strategies; To improve and maximize the role of labour migration in the programmatic and policy framework on South-South mobility in Kenya through targeted policy recommendations tailored to the Kenyan context. 3.0 Project Purposes The project purposes include: 1. To propose a short- and long-term policy strategy facilitating the potential role of regional labour mobility for development, endorsed by key Government officials in concerned Ministries; 2. To train the researcher(s) and thus increase the capacity of partners to contribute to specific research actions in relation to South-South labour migration policies and programmes; 3. To promote research methods in a South-South context with a multi-disciplinary approach; 4. To collect data based on national administrative sources and semi-directed interviews with at least 20 stakeholders in Kenya; 5. To foster a learning process on how labour migration and development research can be a valuable tool for policymakers in designing development programmes and plans. 6

7 4.0 Expected Results The expected tangible results are as follows: 1. A final report (of about 30 pages) containing a set of key recommendations suggesting policy interventions which could facilitate the role of regional labour mobility (e.g. how to strengthen capacities in the Ministries concerned, how to improve existing policies and devise specific programmes) and giving particular attention to gender considerations. The report will highlight labour market demand and supply with a regional perspective and specific needs based on the capacity assessment; 2. A policy brief building upon the findings of the study, which can serve as a discussion note at future meetings and workshops on this topic, providing visibility to this assessment; 3. Quantitative data from administrative sources, such as registries and border management systems, and qualitative data and information gathered through the interviews on formal and informal labour migration and needs in Kenya; 4. A matrix summarizing the responses and findings obtained from the interview series with key stakeholders; 5.0 Expected Activities Present study details elaborated by the selected researcher or research team to the members of the national forum of the intra-acp Migration Facility in Kenya. This forum consists of policymakers, researchers and civil society representatives working on issues related to migration and development; Conduct a literature review and desk review on existing information and data on the research topic and the political and legal framework, as well as the type of impact new policy elements would have; Identify and select key stakeholders to be interviewed, ensuring a balance among governmental and non-governmental institutions and representatives of the private sector; Elaborate a semi-structured guideline to be used for interviews with key stakeholders in the respective local language if necessary; Conduct at least 20 semi-structured, qualitative interviews with key stakeholders; Present preliminary findings to the national forum in Kenya for their input and feedback; Prepare a final report of about 30 pages (excluding annexes) in English, based on the findings from the review of existing information and the in-depth interviews. The report should start with a set of key recommendations evaluating policy and programme options aiming at facilitating regional labour mobility from and to Kenya, addressing in particular the situations of female migrants; Transcribe interviews; Translate data inputs not available in English; Disseminate the final report to the members of the national forum for their endorsement and use in their work; Launch event to be held in Kenya presenting the final report and policy brief to the general public. 7

8 6.0 Budget Outline ACP Observatory on Migration - Study on South-South Labour Emigration in Kenya REIMBURSABLE COSTS IN Study Study by researcher(s), including salaries of researcher(s) for stakeholder interviews and writing of final report and policy brief; interview transcripts, translation, interpretation and travel if needed. research team 1 Maximum TOTAL OF REIMBURSABLE COSTS 8, Tentative Timeline Assessment of the Policy Framework of South-South Labour Emigration in Kenya ACTIVITY August/September 2011 TIMEFRAME (Months 9/2011-1/2012) October - November 2011 December 2011/January 2012 RESPONSIBLE PARTY 1 Call for Tenders (CfTs) ACP Observatory 2 Desk review and stakeholder interviews Researcher(s) 3 Analysis of interviews and finalization of report, preparation of policy brief and publication Researcher(s), in coordination with ACP Observatory 8