Call for proposals The ILO invites submission of research proposals from experienced and eligible individuals to conduct a feasibility study on the potential role of workers cooperatives as providers of cross-border labour intermediation services Deadline for submission of proposals: 30 June 2016 Proposed dates for the assignment: 11 July to 25 August 2016 1
1. ILO INTEGRATED PROGRAMME ON FAIR RECRUITMENT (FAIR) In order to reach its long term objective of reducing deceptive and coercive practices during the recruitment process, the Integrated Programme on Fair Recruitment (FAIR) will adopt a three-pronged approach focusing on: 1) establishing fair recruitment corridors to prevent abuses and exploitation of migrant workers; 2) providing migrant workers with access to reliable information and improved services and 3) conducting innovative research and disseminating knowledge on ethical recruitment. These components will be implemented through several pilot initiatives at the global and country level. Target countries include Jordan, Nepal, Tunisia and the Philippines. In the latter Philippines, the first one of the primary objectives includes assessing the feasibility of developing workers cooperatives as cross-border labour intermediaries. 2. BACKGROUND In today s globalized economy, workers are increasingly looking for job opportunities beyond their home country, and the recruitment and employment of migrant workers is a pressing concern. For instance, in the case of the Philippines an estimated 10 million Filipinos live abroad and more than one million Filipino leave the country each year to work abroad. 1 While some cross-border recruitment is facilitated by social and informal networks, employers, or public employment services, private employment agencies play an increasing role in matching labour demand and supply across borders. This growth of the industry has not come without concerns. Recent reports have highlighted the increasing role of informal intermediaries and unscrupulous private employment agencies operating in the informal economy, outside of the legal and regulatory framework. 2 Concerns have also been raised about cases of abuse and fraud during the recruitment and placement process, such as, among others, deception about the nature and conditions of work; collection of fees from workers; debt bondage linked to the repayment of recruitment fees; retention of passports; deposits and illegal wage deductions; and in some instances physical and sexual violence. Cooperatives are important actors in improving the living and working conditions of women and men globally as well as making essential infrastructure and services available even in areas neglected by the state and investor-driven enterprises. 3 The Philippines has a well-documented history of supporting the use of cooperatives in a variety of sizes and across a wide range of sectors and the Cooperative Development Authority is celebrating 100 years in 2015 4. The cooperative movement currently involves 23,355 registered collectives5 and 1 ILO: Labour migration in the Philippines, available at http://www.ilo.org/manila/areasofwork/labour-migration/lang--en/index.htm 2 ILO: The cost of coercion, Global Report under the Follow-up of the Declaration on Fundamental Principles and Rights at Work (Geneva 2009). 3 A cooperative is an autonomous association of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly-owned and democratically-controlled enterprise. ILO Promotion of Cooperatives Recommendation, 2002 (No. 193). 4 See Official Logo of Cooperative Centennial Year Released, Republic of the Philippines Cooperative Development Authority website, available at: http://cda.gov.ph/index.php/resources/updates/news/516-official-logo-of-cooperativecentennial-year-released [accessed 20 January 2015]. 5 The cooperative movement in the Philippines operates in many sectors, including those relating to: advocacy, agrarian reform, credit, education, financial services, fishing, health services, housing, marketing, transportation, and many others. 2
more than 12.6 million members. 6 Filipino migrant workers have already been taking advantage of the use of collective undertakings, including as a medium for the investment of remittances to provide jobs and economic opportunities for family members and returning migrants. 78 The rich cooperative experience of the Philippines includes examples of cooperative enterprises formed by migrant domestic workers in destination countries and registered in the Philippines serving needs of its members and their families in the country. 9 Considering the significance of this sector as source of employment in the country, and the proven history of supporting and encouraging workers cooperatives, the Philippines is a promising testing ground for the development of fair labour intermediation services. 10 Workers cooperatives are owned and democratically controlled by their members, who are also workers/employees themselves. Cooperatives can help bring about changes in the way work is organized and how wealth is distributed, both important steps in helping bring about an end to abusive and fraudulent recruitment practices and labour exploitation. In parallel of working in collaboration with private employment agencies to improve the protection of potential migrant workers, they can reduce workers dependence on this industry, particularly those which may charge excessive fees and costs to workers for their recruitment or deceive workers into exploitative terms and conditions of work. 11 Box 1: What is a cooperative? A cooperative is defined by the International Cooperative Alliance, the International Labour Organization and the Government of South Africa as an autonomous association of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly-owned and democratically-controlled enterprise. 1 The ILO Promotion of Cooperatives Recommendation, 2002 (No 193) calls for measures to promote the development of cooperatives. Workers cooperatives have a proven track record of creating and sustaining employment and contributing to promoting decent work, and have been successful as labour intermediaries among low-skilled workers. Domestic workers cooperatives, run by their members who are migrant domestic workers themselves, have offered an alternative to private employment agencies across a number of countries. 6 See Statistics as of December 31, 2013, Republic of the Philippines Cooperative Development Authority, available at: http://www.cda.gov.ph/index.php/resources/updates/statistics/264-statistics-as-of-december-31-2013 [accessed 20 January 2015]. 7 See ILO: Issue Brief - Cooperatives offer migrant workers options for better lives, Labour Migration Branch Cooperatives Unit, n.d., available at: http://www.ilo.org/wcmsp5/groups/public/---ed_emp/---emp_ent/--- coop/documents/publication/wcms_221743.pdf [accessed 20 January 2015]; see also Expanded Investment Program for Overseas Filipinos, Sorosoro Ibaba Development Cooperative website, available at: http://www.sidc-coop.org/13-frontpage/4-expanded-investment-program-for-overseas-filipinos.html [accessed 20 January 2015]. 8 Some remittances are used directly by migrants families to start or finance small enterprises. One of the largest cooperatives in the Philippines is the Sorosoro Ibaba Development Cooperative (SIDC), a multi-purpose cooperative engaged in manufacturing, agri-based production and marketing, services and consumer retailing. 9 See for instance examples of multipurpose cooperatives in the Kingdom of Saudi Arabia such as Jeddah-based Filipino cooperative federation, Sandigan ng OFW Multipurpose Cooperative and Sangkay Multipurpose Cooperative at http://webcache.googleusercontent.com/search?q=cache:2fxnc64xyvwj:ofws.brinkster.net/+&cd=39&hl=de&ct=clnk&gl= ch&client=firefox-a 10 International Organization for Migration (IOM): Country Migration Report the Philippines, 2013, pg. 4, available at: http://www.iom.int/files/live/sites/iom/files/country/docs/cmreport-philipines-2013.pdf [accessed 20 January 2015]. 11 ILO Issue brief: Cooperatives offer migrant workers options for better lives, Labour Migration Branch, (Geneva, 2013). 3
For example, in South Korea, the National House Managers Cooperative provides employment services for its worker members matching them with employers, including through online services, provides them with skills training, organizes awareness raising activities and publishes an informational newsletter. Other similar domestic workers cooperatives are being formed in South Korea, including those with migrant worker members, after the recent change in that country s legislation on cooperatives in late 2011. 12 Examples of migrant domestic workers established in countries of destination abound. Si Se Puede! (We can do it!) Cooperative 13 in Brooklyn, New York, is one of them. It was formed in 2006 by migrant women to create a women-run, women-owned, eco-friendly housecleaning business. As workerowners of the cooperative they receive full pay for their work there are neither job placement fees nor organizational middlemen. Workers work for individual employers with assistance from a social service organization, which acts as an employment coordinator. Workers receive their pay directly from the organization, and there is no requirement for them to pay any fee, other than their membership dues. Another example is the Damayan Cleaning Cooperative formed by Filipina migrant workers in the US. The cooperative is a worker-owned and directed business with the goal of creating dignified and stable jobs. The cooperative was perceived as a tangible alternative to provide opportunities for migrant workers who have come from experiences of exploitation and marginalization, and creates a new space for worker organizing and leadership development. 14 Box 2: Workers, Labour Service and Multipurpose Cooperatives in the Philippines A workers cooperative is a cooperative organized by workers, including the self-employed who are at the same time members and owners of the enterprise. The principal purpose is to provide employment and business opportunities to its worker-members and manage it in accordance with the cooperative principles. A labour service cooperative is a cooperative that is engaged in providing a specific labour, job, or service to a principal under a contracting or sub-contracting arrangements as may be defined under existing laws and in accordance with the cooperative principles set forth under the Philippine Cooperative Code of 2008. A multipurpose cooperative is one which combines two or more of the business activities of these different types of cooperatives. Source: RA 9520 & RA 6938 In the Philippines, despite the presence of labour service cooperatives and workers cooperatives in various sectors, the use of the cooperative model for labour intermediation services for cross-border recruitment has not been explored, or at least not successfully. 12 On 29th December 2011, a new Framework law on cooperatives, was passed in the Korean National Assembly. This law allows the emergence of new cooperatives such as worker cooperatives, and social cooperatives. The law distinguishes two different types of cooperatives: i) cooperatives in general, which are considered as a legal person ; and ii) social cooperatives, which are considered as a non-profit legal person so that any surplus cannot be distributed to members. 13 http://wecandoit.coop/about.html 14 http://www.damayanmigrants.org/ 4
3. OBJECTIVES Under the supervision of the National Project Coordinator of FAIR based in ILO Country Office for the Philippines and in close collaboration with ILO s Cooperatives Unit and ILO s Fundamental Principles and Rights at Work and Labour Migration Branches, the contractor will be expected to assess the practical and political viability of developing fair and alternative recruitment model through crossborder labour intermediation services provided by cooperative enterprises. This study is part and parcel and will contribute to a broader research agenda on fair recruitment processes in the Philippines. Particular attention will be given to the domestic work, health and services sectors. Specific objectives of this feasibility study include: 1. Identify workers cooperatives and labour service cooperatives in the Philippines which currently provide labour intermediation services at the national (and if it exists at the cross-border) level and document the size of their operations and sectors for which they recruit. 2. Identify the problems (e.g. legal, political and institutional) that the cooperatives movement faces in providing labour intermediation services in the Philippines (e.g. existence of quasi cooperatives, etc.) and determine if there is scope for cooperation between the CDA and the POEA on licensing workers cooperatives and labour service cooperatives to undertake crossborder recruitment of potential migrant workers. 3. Determine whether the cooperatives movement can initiate cross-border recruitment and identify the steps required to make it possible. 15 In doing so, the consultant will need to incorporate the findings of the legislative review being undertaken in the broader FAIR project research agenda by another senior international consultant. Make concrete recommendations on whether the ILO should engage in supporting the creation of labour intermediation services by workers cooperatives and/or and labour service cooperatives. The feasibility study will consider among others Hong Kong, Malaysia in Asia as well as Jordan, Lebanon in the Middle East as possible destination countries for this specific fair recruitment pilot. Findings of the study will inform the development of intervention model using the cooperative advantage for fostering fair recruitment processes. 4. ANALYTICAL FRAMEWORK AND METHODOLOGY The feasibility study will explore the following options as possible models of labour intermediation services provided by cooperatives that can be promoted and further developed: i. Labour intermediation services provided by a Philippine-registered cooperative or similar member-based economic organization working with civil society organizations (CSOs) or other relevant actors in the destination country; ii. Labour intermediation services provided by an Oversees Filipino Workers (OFWs) cooperative in the destination country working with cooperative support organizations (e.g. cooperatives organizations, NGOs, CSOs) in the Philippines; 15 In doing so, the consultant will need to incorporate the findings of the legislative review being undertaken in the broader FAIR project research agenda by another senior international consultant. 5
iii. Labour intermediation services provided through a Philippine-registered cooperative collaborating with an OFW cooperative in the destination country. The study will not be limited to the above-mentioned options. Other alternatives will be considered by the contractor. The methodology to be followed by the contractor will include the following components: a. Carry out a desk review of relevant documents related to cooperatives development in the Philippines and their work on the recruitment and placement of workers as well as with OFWs, and including their experience (if any) with the cooperative models in the selected countries of destination. This will also include the identification of workers cooperatives and labour service cooperatives in the Philippines which currently provide labour intermediation services; b. Carry-out semi-structured interviews with all relevant stakeholders such as: o Key cooperative organizations (e.g. National Confederation of Cooperatives, Asiapro, Sorosoro Ibaba Development Cooperative, Philippine Cooperative Center, Cooperative Union of the Philippines) o Representatives from the Philippine Overseas Employment Administration and the Cooperative Development Authority (in order to assess scope for cooperation) o Civil society organizations (e.g. Filipino Migrant Workers Group, Migrant Forum Asia, Center for Migrant Advocacy) o Trade unions e.g. Sentro ng mga Nagkakaisa at Progresibong Manggagawa (SENTRO) o Prospective and former migrant workers The main objective of the interviews will be to gather in-depth information, including perceptions, views and factual information on the key research objectives above and possible pilot interventions. Furthermore, preliminary feedback from the informants will be collected on the different potential cooperative models to be tested for labour intermediation. c. Provide summary of the findings and recommendations on the development of a strategy aiming at promoting cross-border labour intermediation services by cooperatives in the Philippines. If the conclusions are positive, the analysis should include a proposition of two countries of destination and key sectors to focus on. 5. FINAL OUTPUTS The contractor will be responsible to produce a report of a maximum of 30 pages in English. A condensed version of the paper could be published separately under the ILO FAIR Recruitment Initiative working paper series. F 6. DELIVERABLES The contractor is expected to deliver the following: Deliverables Deliverable 1: Carry out a desk review and submit an inception report including the proposal, outline of report, methodology, and research questions Deliverable 2: Design research instruments and carry-out Number of working days 4 semi-structured interviews with all relevant stakeholders Deliverable 3: Provide the outline of the final report 2 Deliverable 4 : Submit the draft feasibility study 20 Deliverable 5: Submit the final feasibility study report 5 9 6
The total number of days for this consultancy is 40 working days. Daily rate will be defined based on experience. 7. QUALIFICATIONS Required qualifications include: University degree in social sciences or other relevant subjects Specific knowledge on participatory research methods Experience in cooperative development and labour migration Good facilitation, presentation and analytical skills, as well as ability to elaborate high quality research documents Familiarity with ICT tools that can be used for regular data collection 7
Annex: Guidelines for the Submission of Research Proposals The proposal submitted should contain, at a minimum, the following sections: 1) A narrative proposal consisting of: a) Cover Page: Cover page will include the title Feasibility Study on the potential role of workers cooperatives as providers of cross-border labour intermediation services, target study site/s, name of consultant or organization, office address, authorized person, email address, phone/mobile contact number, date of submission, and signature of authorized person. b) Context and problem analysis related to the cooperatives movement in the Philippines and relevant related issues. c) Research design: Proposed methodology and framework of analysis. The contractor should include key research questions related to the issues identified in the Terms of Reference. d) Work plan: Proposed list of research activities including data collection, encoding, analysis and report drafting. e) Consultant s profile: Provide details on the qualifications of the contractor relevant to the research on cooperatives and cross-border labour recruitment. f) Key Personnel: Curriculum vitae of proposed members of the research team. k) Hand-over: A final presentation to ILO CO-Manila and its key constituents will be made when the Final Report has been completed. 2) A Budget Proposal showing the amount required to achieve each activity. There will be no contingency, overhead or indirect costs allowed in the Financial Proposal. 3) Criteria for selection: The proposal will be selected on the basis of technical (80%) and financial (20%) assessments. The technical assessment will review the following: Extent which the proposal fulfils the requirements of the Call of Proposal (5%) Clarity of the situation analysis and problem identification (10%) Soundness of strategy, proposed activities and expected results against the problem analysis (30%) Proposal of a participatory process to bring together various strategic partners (10%) Realist work plan to complete the activities (10%) Contractor s institutional capacity and relevant experience (15%) The ILO reserves the right to undertake a post-qualification exercise aimed at determining, to its satisfaction the validity of the information provided by the Contractor. Such post-qualification shall be fully documented and may include, but need not limited to, all or any combination of the following: a) Verification of accuracy and authenticity of information provided by the Contractor on the legal, technical and financial documents submitted; 8
b) Validation of extent of compliance to the call for proposal requirements and evaluation criteria based on what has so far been found by the evaluation team; c) Inquiry and reference checking with other previous clients on the quality of performance on on-going or previous contracts completed; d) Other means that ILO may deem appropriate, at any stage within the selection process, prior to awarding the contract. 4) Proposals Submission Instructions: Technical and Financial Proposal must be submitted in English and typed on standard A4 paper (8.27 x 11.69 ), single-spaced, 12-point Font (Times New Roman) with each page numbered consecutively. The Contractor must bear all costs associated with preparation and submission of the application. The ILO will not be responsible or liable for any costs incurred, regardless of the outcome. Emails containing the proposals must be marked Feasibility Study on the potential role of workers cooperatives as providers of cross-border labour intermediation services. The proposal must include in one email (i) the document for eligibility assessment; (ii) Technical Proposal; and (iii) Financial Proposal. The Contractor must submit proposals to the International Labour Organization (ILO) Country Office Manila no later than 30 June 2016, at 5:30 PM, Manila time addressed to: Mr Hussein Macarambon email: macarambon@ilo.org; Mr. Guy Tchami (tchami@ilo.org); and Ms Alix Nasri (nasri@ilo.org) Any proposals received by the ILO CO-Manila after this deadline will not be accepted. 9