Terms of Reference Moving from policy to best practice Focus on the provision of assistance and protection to migrants and raising public awareness I. Summary 1.1 Purpose: Provide thought leadership in the area of migration, through a comprehensive review and analysis of best practices in assistance, protection and awareness raising interventions aimed at addressing migrants vulnerabilities in different regional contexts. To define and inform advocacy actions that best enable environments for National Red Cross and Red Crescent Societies to deliver on their mandate. 1.2 Audience: Direct: National Red Cross and Red Crescent Societies and IFRC. Indirect: Local, regional and international organizations and institutions working in the field of migration, governments, partners and general public. 1.3 Commissioners: This study is being commissioned by the International Federation of Red Cross and Red Crescent Societies (IFRC) in agreement with identified National Societies in target countries in the frame of the Migration Task Force work-plan. 1.4 Responsible: External consultant(s) under the supervision of IFRC Migration lead, with support from Migration Task Force members (both National Societies and IFRC regional focal points). 1.5 Reports to: IFRC Migration lead 1.6 Duration: Approximately 90 days 1.7 Timeframe: February - May 2016 1.8 Location: Identified target countries in five regions (Africa, Americas, Asia, Europe, Middle East and North Africa) (TBC, 2 or 3 per region) II. Background Migration is set to become one of the defining features of the 21 st century. The numbers speak for themselves it is estimated that the number of international migrants has reached 232 million people. The combined impact of crises around the world has led to unprecedented numbers of people fleeing their homes in search of safety. In 2014, according to UNHCR, 59.5 million people were forcibly displaced worldwide it is estimated that one in every 122 individuals is now either a refugee, internally displaced or seeking asylum. While recent attention has highlighted the plight of people migrating from the Middle East and Africa to Europe, this phenomenon has seen an upsurge across all regions worldwide. In May 2015, the IFRC established a Migration Coordination Cell to boost the capacity of the Movement to respond to the plight of people fleeing across the Mediterranean Sea. The Cell developed a Response plan to meet the humanitarian needs of vulnerable migrants in the Mediterranean and neighbouring regions, which identifies three main areas of intervention: 1) Assistance 1
National Red Cross and Red Crescent Societies provide humanitarian assistance to migrants, irrespective of their legal status, address their most pressing needs and respond to the most vulnerable groups. Such services include providing shelter and emergency accommodation, distributing essential items such as food parcels, hygiene kits and clothes, and delivering social and health services, along the migratory routes, and often at harbours and land borders. 2) Protection National Societies, in collaboration with the ICRC and IFRC, develop protection activities that aim to protect lives, human well-being and secure respect for individuals. Protection aims to ensure that authorities and other actors respect their obligations and the rights of individuals in order to preserve the safety, physical integrity and dignity of migrants. This definition of protection also includes activities that seek to make individuals more secure and to limit the threats they face, by reducing their vulnerability and/or their exposure to risks. According to context, focus can be on immigration detention, restoring family links, and general rights awareness programmes and advice on particular legal entitlements. 3) Awareness raising National Red Cross and Red Crescent Societies conduct a wide range of activities to foster the integration of migrants into local communities in line with Resolution 3. These include language courses, support in accessing housing and the labour market, provision of vocational training or educational support for children and youth which have all proved useful to date. In their awareness-raising, National Societies promote respect for diversity and counter intolerance, prejudice and discrimination through a series of positive imaging programmes. These focus on raising awareness among the local host population on the realities of all migrant experience and the challenges faced by migrants. These programmes also emphasize the value, talent and contribution that migrants can bring to society and the positive opportunities that global migration presents. Experience suggests that advocacy can be used successfully to address key issues in meeting migrants humanitarian needs in a range of areas. These include securing access to all migrants; ensuring the rights of asylum seekers, refugees and other vulnerable migrants; developing strategies to address and respond to the humanitarian consequences of trafficking; improving detention conditions; improving the conditions and respecting the rights of asylum seekers whose claims were unsuccessful, and developing legal avenues for migration. Evidence also shows that advocacy in support of assistance is best focused on ensuring that relevant laws and procedures are in place to enable National Societies to enjoy effective and safe access to all migrants and on designing good procedures at borders to allow for the delivery of services, as agreed in Resolution 3 of the 31 st International Conference of the Red Cross and Red Crescent. III. Rationale The Red Cross Red Crescent views migration through an operational lens, in particular through the Movement s humanitarian response to meeting the needs of vulnerable migrants, irrespective of their legal status, in countries of origin, transit and destination. A migrant-centred approach underpins the Red Cross Red Crescent s operations and is informed by the 2009 IFRC Policy on migration and Resolution 3 on migration adopted during the 31 st International Conference of the Red Cross and Red Crescent Movement in 2011. The scope of the Movement s response extend to 2
activities such as including migrants in humanitarian programming, bridging links in assistance, protection and public awareness and promotion of respect for diversity, non-violence and social cohesion. The range of activities within this context also include sensitizing potential migrants about the risks they may encounter along their journey, while ensuring not to encourage, dissuade or prevent migration. National Societies also assist migrants in their return, whilst refraining from contributing to decisions about returns to countries of origin. In addition, given the multidimensional factors that lead individuals to migrate, the Red Cross Red Crescent s resilience approach embeds means of alleviating pressures in communities of origin. This has included strengthening the resilience of people through action at community level, supporting disaster risk reduction and disaster preparedness and engaging in community approaches aimed at reducing tensions. The Red Cross Red Crescent recognizes that international migration is an important, complex and multi-dimensional issue and as such has prioritized this study as a means of shaping evidence-based policies and actions capable of harnessing its potential contribution in meetings the needs of vulnerable migrants. There is also recognition that the challenges on migration are many and include but are not limited to: inadequate mechanisms to identify and address vulnerabilities of migrants along migratory routes poor understanding of migration drivers (push- and pull-factors), triggering and amplifying factors inadequate systems for regularized and safe access to asylum and protection for migrants denial of migrants access to basic assistance (e.g., health, education, etc.) exploitation, abuse and trafficking of persons vulnerability of women and children to exploitation lack of readily available and timely information on shifting mixed migratory routes national border deterrence measures which have little impact on migration and heighten risk of vulnerable migrants inadequate reception conditions lack of speedy identification and protection response mechanisms restricted access to migrants in need, especially those in detention and at border crossings intolerance, violence, discrimination and lack of respect for diversity, and inadequate actions to combat these trends. The study will build on the collective expertise and experience of the IFRC and its member National Societies in the area of migration in order to address existing gaps and to shape a common and coordinated approach to the protection and assistance of vulnerable migrations, while equally taking into account the roles and mandates of other institutions and organizations assisting and protecting migrants. At present, there is a need to enhance the knowledge across the Red Cross Red Crescent of the plethora of migration related activities being undertaken and to, capture best practices and lessons learned, identify relevant indicators and establish a broad baseline to measure successes. This study will aim at enabling the Red Cross Red Crescent to address present and future challenges related to migration more effectively by identifying critical issues, opportunities, challenges, weaknesses, gaps, best practices and minimum requirements to apply them. It will aim at enhancing organizationalwide understanding of migration issues and assist in meeting the growing operational challenges regarding migration. 3
IV. Study purpose The overall purpose of this study is to provide a comprehensive review and analysis of best practices in delivering assistance, protection and awareness raising interventions aimed at addressing vulnerabilities migrants face in different regional contexts. The study will also illustrate which advocacy actions are the most appropriate and effective in enabling National Red Cross and Red Societies to deliver on their mandate. The study will inform subsequent advocacy activities along the design and implementation of appropriate migration assistance, protection and awareness raising programmes by National Red Cross and Red Crescent Societies. In addition, the study will develop, along with the results of planned regional consultations with National Red Cross and Red Crescent Societies, a set of minimum requirements (checklist) to inform future target setting, monitoring and evaluation. V. Study objectives Comprehensive country-based reviews will be conducted covering, at a minimum, the following objectives (topics): 1. Background a. Situation of migrants Identify main data and trends on migration, with a particular focus on vulnerability and needs. Specific consideration should be given to gender and diversity dimensions and other demographic considerations of potentially marginalized populations (e.g., persons with disabilities; age), and data should be disaggregated accordingly. Estimates 1 of number of immigrants and countries of origin. Estimates 2 of number of emigrants and countries of destination. Estimates 3 of number of victims of human trafficking, routes and forms of exploitation, and relevant demographic characteristics. Estimates 4 of number of irregular migrants, their personal vulnerabilities and needs. Availability and quality of official sources of information on migration for future reference and use. Analysis of migration trends and projections, including of mixed flow migration. Main drivers, migration route and situation at borders. b. Stakeholder Analysis Identify (map) key actors providing humanitarian assistance, access to public social services and social inclusion to migrants. Governmental institutions adopting and implementing migration related regulations and policies, receiving complaints and providing services, etc. National Red Cross and Red Crescent Societies and non-governmental organizations working with migrants and implementing advocacy activities for the protection of migrants, awareness raising campaigns promoting the rights of migrants and providing services as well as role of the IFRC in supporting National Societies in aforementioned activities. 1 National and International data. 2 Ibid. 3 Ibid. 4 Ibid. 4
Trade unions and migrants organizations working on advocacy, awareness raising and provision of services to migrants. Private agents involved in the migration (recruitment/placement) process. Roles, strengths, and weaknesses of relevant stakeholders. 2. Best Practices a. Assistance to migrants Identify and describe best practices taken by governmental, the Red Cross Red Crescent and non-governmental actors to provide humanitarian assistance, access to public social services and social inclusion to migrants. Measures to assist migrants, access to public social services such as reception centres, healthcare, legal and psychosocial assistance, hotlines, legal assistance, training, repatriation and reintegration, etc. and measures to promote social inclusion and integration of migrant population. Mechanisms to identify and address migrants vulnerabilities along migratory routes. Degree of and best practices for coordination and collaboration between different government, Red Cross Red Crescent and nongovernment actors working to assist migrants. b. Protection of Migrants Identify and describe laws, regulations and policies applicable to migrants, and appropriate (as well as inappropriate) protection interventions for the Red Cross Red Crescent to pursue. Regulatory frameworks of regular and irregular migration, including protection and assistance measures (if available). Regulatory framework and systems for asylum seekers and refugees. New regulations as well as changes to existing policy framework that would apply to or otherwise affect migrants. Complaint or grievance mechanisms and access to justice system for victims of human trafficking and abuse. Specific activities that are undertaken by components of the Movement under the remit of protection that make individuals more secure, limiting the threats they face, by reducing their vulnerability and/or their exposure to risks. These activities include also immigration detention, restoring family links, support to unaccompanied minors. 5 c. Awareness Raising Identify the views and perception of the general public, migrants and relevant stakeholders toward migrants, their rights, vulnerabilities and needs and measures and best practices undertaken by governmental, the Red Cross Red Crescent and non-governmental actors to combat negative trends. General public Migration opinions (through focus groups and surveys), reporting trends and discourse at country level about migrants and their rights. Perceptions towards migrants and refugees (mindful that there is often a distinction at national level between refugees). Prevalence of racism, xenophobia and discrimination (employment, education, health, housing, etc.) towards migrants. 5 While the ICRC should be consulted and research should reflect best practices under the ICRC s specific mandate (e.g., immigration detention and RFL) the scope should be extended to include areas of protection which the Movement could scale up and/or meet existing gaps. 5
Media coverage of migration, migrants, victims of trafficking and migrant domestic workers. Migrants Lack of effective of legislation, policies and programmes to protect and assist migrants. Limited knowledge on the part of migrants of legislation, policies and programmes to protect and assist migrants. Access to information on migrant-related legislation, policies and programmes. Impact of racism, xenophobia and discrimination on migrant s quality of life and access to resources. Approaches to address racism, xenophobia and discrimination. Relevant stakeholders (government, Red Cross Red Crescent and civil society organizations) Organizational culture and perception of migrants as reflected by: Opportunities and challenges in national legislation, polices, regulations and complaint mechanism to protect migrants. Opportunities and challenges in programmes and measures to provide migrants with humanitarian assistance, access to public social services and social inclusion. 3. Conclusions and Recommendations a. This section will draw upon prior objectives to identify and summarize main legal and policy challenges as well as best practices in delivering assistance and protection services to migrants and opportunities for subsequent awareness raising and advocacy activities. The intrinsic links between assistance, protection and awareness raising should be established and the recommendations in this section should address the following: Main risk and vulnerabilities faced by migrants. Relevant or appropriate assistance, protection and awareness raising interventions and assessment of gaps in the aforementioned areas. Main legal and policy challenges for effective protection, decent life conditions and access to public social services for migrants. Provide best practices and measures adopted by National Red Cross and Red Crescent Societies, IFRC and other actors and establish common minimum requirements (check list) in the areas of assistance, protection and awareness raising. Opportunities and challenges for subsequent advocacy activities for concrete improvement and development of needs-based and rights-based policy and legislative framework in the area of migration policies. Opportunities and challenges for subsequent awareness raising activities on the rights of migrants, prevention of abuses and risk such as those posed by labour exploitation and different forms of human trafficking, as well as those posed by racism, xenophobia and discrimination. b. Indicators Indicators to measure achievement of results provision of assistance and protection to migrants and raising public awareness 6
Development of quantitative and qualitative indicators on assistance, protection and raising public awareness. 4. Methodology The specific methodology for this study will be detailed in consultation with the study team and stated in an inception report. Currently, the following methods have been identified to collect and analyse data relevant to the above stated objectives: 1. Desktop review of secondary data 2. Country visits 3. Key informant interviews, including of National Societies 4. Focus group discussions Oversight of the study team will be provided by IFRC Migration office, with support from the Migration Task Force consisting of National Society representatives and IFRC Regional Focal Points. All study outputs will be reviewed by the Migration Task Force and approved by the IFRC Migration office. 5. Study Outputs Inception Report An inception report will be used to demonstrate a clear understanding and realistic plan of work for the study, checking that the plan is in agreement with the ToR as well as the Migration Task Force. It will include the proposed methodologies, data collection plan with draft data collection tools such as interview guides, the allocation of roles and responsibilities within the study team, a timeframe with firm dates for deliverables, travel and logistical arrangements for the team, and an itemized budget. Work updates The study team will provide regular updates to the IFRC Migration Lead in a timely manner. Preliminary draft report A draft report, (content per the final report description below), to be shared with the Migration Task Force for review. Final report The final report will contain a short executive summary (no more than 1,000 words) and a main body of the report (a synthesis report of no more than 20,000 words (tbc)) which includes the background of the study, a description of the methods and limitations, findings, conclusions, lessons learned, and recommendations. Recommendations should be specific and feasible. Data visualization should be used to effectively convey information to mixed audiences. The report should also contain appropriate appendices, including: a. Country profiles of studied countries or country case studies (estimated 2,000 words each (tbc)) b. Recommended indicators to measure successful programing in of best practices in migration assistance, protection, awareness raising and advocacy intervention c. Annotated bibliography to inform Red Cross Red Crescent migration work in each of the objective areas d. Copy of the ToR e. List of people and resources consulted f. Additional annexes as appropriate PowerPoint presentation Slideshow presentation summarizing key findings of the study that can be used by different Red Cross Red Crescent migration specialists to communicate with other stakeholders during both internal and external meetings, high level events, and other relevant forums. 7
6. Study Quality and Ethical Standards The study team should take all reasonable steps to ensure that the study is designed and conducted to respect the seven Red Cross Red Crescent Fundamental Principles: 1) humanity, 2) impartiality, 3) neutrality, 4) independence, 5) voluntary service, 6) unity, and 7) universality. Further information can be obtained about these Principles at: www.ifrc.org/what/values/principles/index.asp. The study team should also ensure the study is technically accurate and reliable, conducted in a transparent and impartial manner, and contributes to organizational learning. 7. Content Control The IFRC will have editorial control over the final version of the Report. 8. Consultant(s) Performance Evaluation Contractor s performance will be evaluated using key performance criteria that will be shared prior to the assignment start. 9. Required Qualifications As per procurement/consultancy guidelines. 10. Application Procedure As per procurement/consultancy guidelines 8