TOR021 – Assessing labour market access for refugees and other Persons of Concern in Southern African countries

Terms of Reference

Assessing labour market access for refugees and other Persons of Concern in Southern African countries

External collaborator (individual contract)

April 2022

1. Introduction

The Southern Africa Migration Management (SAMM) project is a four-year project to improve migration management in the Southern African and Indian Ocean region. The SAMM project is a model of a ONE-UN approach with collaboration between four UN agencies: The International Labour Organization (ILO), the International Organisation for Migration (IOM), United Nations High Commissioner for Refugees (UNHCR) and United Nations Office on Drugs and Crime (UNODC). The SAMM project is funded by the European Commission and forms part of the European Union Regional Indicative Programme (11th EDF RIP) for Eastern Africa, Southern Africa, and the Indian Ocean (2014–2020) which includes among its objectives the facilitation of safe, orderly, and regular migration and the prevention of irregular migration. It focuses on South-South migration flows, identifying positive spill-over effects of international migration on regional integration and regional economic development.

Regional Economic Communities (RECs) are key stakeholders in SAMM’s implementation. One of SAMM’s key project priorities is to support the formulation and realization of International Labour Migration and Mixed Migration Frameworks of: i) the Common Market for Eastern and Southern Africa (COMESA), ii) the Southern African Development Community (SADC) and iii) the Indian Ocean Commission (IOC).

The project focuses on the Southern African Region, and targets the following 16 SADC countries: Angola, Botswana, Comoros, the Democratic Republic of the Congo (DRC), Eswatini, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, the Seychelles, South Africa, Tanzania, Zambia and Zimbabwe.

Its overall objective is to improve migration management in the Southern African and Indian Ocean region guided by, and contributing to the realization of, the 2030 Sustainable Development Agenda, especially Sustainable Development Goal (SDG) 8 on decent work and economic growth and SDG 10 on reducing inequalities.

The SAMM project is comprised of two main project components: 1. Labour Migration; and 2. Mixed Migration. The first component supports the implementation of the UN Global Compact on Safe, Orderly and Regular Migration (GCM) and the second one the application of the UN Global Compact on Refugees (GCR), as well as of the GCM.

One of the topics informing migration management is the need to arrive at a reliable and evidence-based understanding of access to decent work and national labour markets by UNHCR Persons of Concern1. To this end, SAMM will conduct the following activities in the Southern African and Indian Ocean region: (1) a regional assessment of PoC’s access to national labour markets legally and in practice; followed by (2) more detailed assessment in selected countries on access to the labor market as well as the impact of PoC on the local labor market ; (3) development of statistical and other comparative national indicators to monitor access and impact of refugees and other PoC in national labour markets.

The purpose of the current Terms of Reference contributes to activity (1) mentioned above: to undertake an analysis of labour market access for refugees and other PoC in Southern African and Indian Ocean countries. This study will be implemented in line with earlier studies on this topic which were done as part of the Global Knowledge Partnership on Migration and Development (KNOMAD), particularly the study “Refugees’ Right to Work and Access to Labor Markets – An Assessment”.[2]

Accordingly, the ILO is seeking the services of a qualified and experienced refugee and labour expert and researcher, preferably with a working knowledge of the ILO decent work agenda, to undertake this study for Southern Africa.

Work under this consultancy is linked to SAMM’s Workplan as follows:

Output 2.1.4 LM module with refugees is incorporated into the national LFS at least twice in 3 countries from 3 RECs by 2022 (ILO)

Activity 2.1.4.3 Guiding material on how to mainstream in LFS module, refugees and asylum seekers and specific elements is developed

2. Background

Labour market access for refugees and other PoC in Africa and Southern Africa: a snapshot

Throughout its history, the circulation of people, goods and ideas has contributed to the evolution of the African continent and in the face of demographic, socio-economic and environmental factors, this flow has intensified. Expert studies and data show that migration, especially labour migration, is a major enabler and beneficiary of regional integration and economic development in Africa. The continent is intertwined through significant South-South migration corridors through which people move to neighbouring labour markets in search of jobs and better wages. Almost all African countries participate in migration flows, whether as countries of origin, transit or destination, and often African migrant workers and PoC use the same migration routes. For countries of origin, transit and destination alike, international migration plays a vital role in socio-economic development.[3] Yet while economic migration is a key characteristic of development and movements in Africa today,[4] there are still considerable numbers of refugees and other PoC in Southern Africa for whom decent work and livelihood opportunities remain elusive. Legal and practical barriers to labour market access, as well as refugees’ impacts on labour markets, particularly in Southern Africa, are still relatively understudied and poorly understood.

The latest UNHCR Global Trends Report (2020) registered 26.4 million recognized refugees[5] and 4.1 million registered asylum seekers out of a total of 91.9 million of PoC worldwide in 2020.[6] In SADC, according to UNHCR data, the total POC in 2021 was 7.2 million, of which refugees and asylum seekers made up 1.3 million and 5.7 million are internally displaced persons in DRC.

Of the total number of PoC only a very small minority gain access to labour markets in the formal economy, opportunities for decent work and satisfactory conditions of employment and rights protection in the workplace.[7] There are many reasons for this, including policy and legislative limitations, and as a result many asylum seekers, refugees and stateless persons who do find work do so mostly in the informal economy.

As displacement has become increasingly protracted, responses have turned towards identifying durable solutions that would support more dignified, inclusive and comprehensive programmes for refugees to facilitate self-reliance and strengthen social cohesion. At the core of self-reliance is access to decent work, livelihoods and formal and informal education.

Competition in the highly crowded informal economy, where most migrant workers, people in a refugee-like situation and other displaced people search for work, results in unfair competition for informal and unprotected jobs. This downward impact on working conditions and rights at work may have a knock-on effect more widely across labour markets, ultimately affecting all workers, including nationals.

In some countries, particularly those hosting large numbers of refugees as well as migrants, public services come under strain, and more pressure is placed on already fragile labour markets. Sometimes these pressures translate into political and social tensions between host and refugee/displaced populations, especially in already poorly served and overcrowded urban areas where these populations settle. Often ‘foreigners’ are targeted, and no distinction is being made related to the specific status of the person (i.e. whether a PoC or a migrant).

In addition, the precarious situation of these populations renders them vulnerable to discriminatory practices which can lead to exploitation, dangerous working conditions, the denial of fundamental principles and rights at work and situations of forced labour, bonded labour and child labour.

Recognizing these challenges, a paradigm shift is taking place among international development and humanitarian actors and donors to look beyond critical humanitarian assistance and to include early intervention of development actors.

The ILO has increasingly acknowledged the need to strengthen the nexus between humanitarian assistance and the development dimensions of the overall response to crisis situations with decent work strategically placed at this intersection. Access to employment and livelihoods has emerged as the bridge between humanitarian action and development cooperation and, in this context, the ILO continues to play its part in supporting critical response programmes, including through strengthening its own policy framework to be able to respond more rapidly and effectively to crisis situations.

While strengthening resilience and capacities in national labour markets, the ILO also supports efforts to enhance socio-economic inclusion of refugee populations in a manner that promotes full, productive, freely chosen employment and decent work and income-generation opportunities for all. At the same time, ILO encourages its Member States to foster self-reliance by expanding opportunities for refugees to access livelihood opportunities and labour markets, without discriminating among refugees and in a manner which also supports host communities.

Access to employment and livelihoods for refugees and other PoC in Southern African countries is still very mixed. For instance, Eswatini’s Refugees Act No. 15 of 2017 allows refugees to access the labour market, and in practice the government offers agricultural livelihood opportunities to refugees which benefits both those refugees and host communities. At the same time, there is anecdotal evidence of economic activities of PoC in other Southern African countries, but many of those exist in a challenging legal context where labour market access is either absent or restrictive. For instance, in Zambia, nationalization of certain occupations, stringent labour market tests for refugees, and other practical barriers hinder refugees’ access to employment opportunities outside of established camps. In Malawi and Namibia there is some evidence of economic activity by refugees, but mostly in the informal sector.

There is an increasing amount of research and studies which suggest, or aim to show, that impacts of refugee and PoC access to labour markets and deeper socio-economic integration into host societies does not need to lead to negative outcomes for those host societies, and often find that an important determinant of the success of host and refugee communities depends on the particular policy approaches adopted by governments[8] [9] [10]. In Rwanda, Billigi, Loschmann, and Siegel (2019) find that, while being granted the same right to education and work as locals, access to the local labour market is not sufficient for Congolese refugees in Rwanda to achieve sustainable self-reliance. Nonetheless, they find that host communities’ labour market activities do not seem to be negatively affected by the presence of refugees, in fact host communities seem to experience direct and indirect benefits[11].

Not all countries adopt such progressive integration policy approaches. Accordingly, the ILO and UNHCR are seeking the services of a qualified and experienced legal expert and researcher on labour and refugee rights, preferably with a working knowledge of the ILO decent work agenda as well as the GCR, to undertake a study of labour market access for refugees and other PoC in Southern Africa.

3. Objectives and Activities

The objective of this consultancy is to prepare a report on the labour market access of refugees and other PoC in Southern Africa, building on the assessment by Zetter and Ruaudel (2016), which consists of a qualitative comparative case study method, using secondary data sources and individual interviews.

The work will contribute to achieving Sustainable Development Goals’ target 8.8 (Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment) and target 10.7 (Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies).

The report should have the following structure/sections:

(i) Introduction

a. Overview

b. Global and regional policy context

c. Methodology

(ii) Descriptives and Findings

a. Law

b. Policy and practice

c. Other factors and individual differences?

d. Outcomes

(iii) Conclusions

a. Refugees’ right to work

b. Impacts on / response from host communities

(iv) Policy implications and recommendations

a. Recommendations for policy as well as for future impact studies

(v) Annex –data descriptions and study templates

Methodology

The consultant(s) will apply a mixed-methods approach, and will include a desk review of law, policy and practice, conversations and interviews with key stakeholders in 16 SADC Member States.

Sources of information include:

· Review of available literature, policy documents, data and other information, including from international and regional institutions and national stakeholders; special attention should be given to the empirical literature.

· Discussion with national stakeholders including government departments, employers’ and workers’ organizations, civil society organizations, etc.

4. Outputs

The consultant is expected to deliver the following outputs:

1. Detailed workplan including methodological framework, preliminary secondary sources to be used, and potential timelines.

2. Report on labour market access of refugees and other persons of concern in the Southern Africa and the Indian Ocean region

3. At least 3 short advocacy products based on the findings and implications, tailored to various audiences (such as policy briefs, PowerPoint presentations, flyers, briefs, etc.).

5. Timeline, budget and payment

The contract will be for 60 non-consecutive days. Transport and logistics costs to undertake the assignment will be assessed at a later stage, depending on feasibility of face-to-face meetings due to COVID-19 lockdown measures.

Anticipated starting date: 1 Jun 2022
Anticipated end date: 1 Oct 2022

Daily fees will range between USD 200 – 300.

Payments will be made upon submission of a certification of payment form, and acceptance and confirmation by the supervisor on the outputs delivered. If the quality does not meet standards or requirements, the consultant will be asked to rewrite or revise (as necessary) the document before proceeding to payment. Payments will be organized according to outputs achieved:

1. Output 1 –Detailed workplan including methodological framework, preliminary secondary sources to be used, and potential timelines, 20%

2. Output 2 – Draft analytical report of no more than 50 pages, following the structure agreed with the SAMM team, as well as metadata database of sources used, 40%

3. Output 3 – Final analytical report of publishable standard, of no more than 50 pages, following the agreed structure, as well as at least 3 tailor-made advocacy products, 40%.

6. Supervision and reporting

The consultant will report to the ILO Chief Technical Advisor of the SAMM project, under the daily supervision of the ILO Labour Migration and Data Technical Officer, with guidance from the UNHCR Project Coordinator of the SAMM project. The consultant will be expected to interact with Project Officers from the other UN implementing agencies IOM and UNODC as well as other key stakeholders, as relevant.

7. Qualifications

Education: Advanced degree in social science, preferably in labour law.

Experience: Demonstrated experience in the fields of labour law, labour migration, policy analysis and implementation and social dialogue, and in working with international agencies, in particular the UN agencies implementing the SAMM project as well as COMESA, IOC and SADC. Country-level experience on migration policy issues is a strong advantage. Proven experience in carrying out analytical work in public policy, in particular on labour market access for refugees is an advantage. Strong knowledge of international standards on international labour migration and gender equality is required.

Languages: Excellent command of English, both in writing and speaking. Outstanding communication and writing skills are required. A good command of French or Portuguese is an advantage.

8. Expression of interest

The ILO is interested in considering proposals individual consultants only.

Candidates should submit:

· Updated CV with three references;

· A technical proposal (Expression of Interest) not exceeding 4 pages in length with a description of the proposed approach to carry out the required work;

· A detailed financial proposal expressed in daily fees to achieve expected outputs. Submissions without a financial proposal will be disqualified.

Please consider that:

· Transport and logistics costs to undertake the assignment will be assessed at a later stage, depending on feasibility of face-to-face meetings due to COVID-19 lockdown measures, hence they should not be included in the budget.

· The ILO only contracts individuals in its Suppliers Database. If not already registered, forms will be supplied upon receipt of proposals.

The technical and financial proposal submissions should reach the ILO no later than midnight South Africa Standard Time 01 May 2022 and should be sent to the following emails:

[email protected] with copy to.

[1] UNHCR’s persons of concern are asylum seekers, refugees, stateless persons, persons at risk of statelessness

internally displaced persons (IDPs), refugee returnees, IDP returnees and others of concern to UNHCR.

[2] Zetter, R. & Ruaudel, H., (2016), “Refugees’ Right to Work and Access to Labor Markets – An Assessment”. KNOMAD. Retrieved on 13.01.2022 from: https://www.knomad.org/publication/refugees-right-work-and-access-labor-markets-assessment-part-1

[3] AU, (2020), Report on Labour migration Statistics in Africa; ILO, n.d. Labour Migration in Africa

[4] AU, (2020), Report on Labour migration Statistics in Africa, second edition; UNCTAD, (2018), Economic Development in Africa 2018 Report – Migration for Structural Transformation

[5] UNHCR (2020), Global Trends, Forced Displacement in 2020, p.2.

[6] 85 per cent of whom were hosted in developing countries.

[7] ILO, (2020), Employment and decent work in refugee and other forced displacement contexts: Compendium of ILO’s lessons learned, emerging good practices and policy guidance.

[8] UNHCR, (2021), A new approach to refugee integration bears fruit in Rwanda. From: https://www.unhcr.org/news/stories/2021/12/61b853c64/new-approach-refugee-integration-bears-fruit-rwanda.html

[9] Fasini, F., Frattini, T., and Minale, L., (2018), (The Struggle for) Refugee Integration into the Labour Market: Evidence from Europe. IZA. DP No. 11333. From: https://ftp.iza.org/dp11333.pdf

[10] UNU–MERIT, (2020), Making the labour market more inclusive for refugees. From: https://www.merit.unu.edu/making-the-labour-market-more-inclusive-for-refugees-new-100k-research-project/

[11] Loschmann, C., Bilgili, Ö., Siegel, M., (2019), Considering the benefits of hosting refugees: Evidence of refugee camps influencing local labour market activity and economic welfare in Rwanda, IZA Journal of Development and Migration, Vol. 9, Iss. 5, pp. 1-23.