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Ratifying, domesticating and implementing international instruments on labour migration and mobility governance including ILO conventions related to migrant workers namely Migration for Employment Convention (Revised), 1949 (No. 97) and its accompanying Migration for Employment Recommendation (Revised), 1949 (No. 86); Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) and its accompanying Migrant Workers Recommendation, 1975 (No. 151); Private Employment Agencies Convention, 1997 (No. 181) and Domestic Workers Convention, 2011 (No. 189) is critical to ensure safe, orderly, and regular labour migration and maximize the development impact of migration. Ratifying and effectively implementing these conventions helps to addressing existing policy and legislative gaps on labour migration since the conventions address numerous aspects of labour migration, such as protecting the rights of migrant workers, promote fair recruitment, address both regular and irregular migrants and strengthen the migration-development nexus. The conventions and recommendations further stipulate measures that need to be taken by both countries of origin and destination to prevent trafficking, smuggling, forced labour and reduce the abuse and exploitation faced by migrant workers.
Ratifying and effectively implementing these conventions will give IGAD member states an opportunity to lobby and influence the decisions of destination countries in relation to migrant workers. In addition, by ratifying and implementing these conventions, IGAD member states gain a great deal of legitimacy at the international level to promote measures on protection of migrant workers including negotiation of bilateral labour agreements with countries of destinations. Besides, ratification of these conventions also fosters international cooperation among countries and enhances their commitment to overcome challenges related to labour migration and mobility governance, including fraudulent and abusive recruitment practices.
However, despite their immense role in improving migration and mobility governance, the ratification, domestication and implementation of ILO conventions related to migrant workers is at a very infant stage in the IGAD region. Out of the seven IGAD Member States, only Somalia has ratified Convention 97, Convention 143 and Convention 181 while Kenya has ratified only Convention 97 and Convention 143 and Ethiopia and Uganda only having ratified convention 181 and convention 143 respectively. Likewise, only Uganda is a signatory to the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. In addition, none of the IGAD Member States has ratified convention 189, which is of critical importance for the IGAD member states in the context of migration since many of the labour migrants in the IGAD region, as well as those travelling further abroad to the Arab States, are engaged in domestic work. On the other hand, even in countries that ratified international instruments, domestication of these instruments, proper implementation, reporting and compliance remains a challenge.
Among other things, one of the challenges identified as a bottleneck on ratification and implementation of international standards in the IGAD region is related to lack of sufficient knowledge and understanding about the process of ratification, implementation and/or domestication, reporting and complying/following with due process at national level. In this context, the ILO in close collaboration with IGAD secretariat aims to develop a how to guide on ratifying and implementation of international standards for IGAD member states in line with national rules and regulations concerning international treaties and instruments under the framework of the project on Free Movement of Persons and Transhumance pro financed by the European Union. Once developed, the guide is expected to serve as a quick reference for government officials and other experts on ratification and implementation of international instruments and further contribute and facilitate ratification of the Draft IGAD protocol on Free Movement of Persons once adopted by the council of ministers. In this regard, the ILO is looking for the service of an international consultant/external collaborator to develop the tool as elaborated below.
The overall objective of the assignment is to develop a how to guide on ratification and implementation of international instruments related to labour migration and mobility governance for IGAD Member states. The guide is expected to serve as a quick reference for government officials and other experts on ratification and implementation of international instruments and further contribute and facilitate ratification of the Draft IGAD protocol on Free Movement of Persons once adopted by the council of ministers. To this end, among other things the consultant is expected to
The consultant is expected to produce the guide based on a review of existing literature and limited key informant interviews with ILO officials and experts in the IGAD Member states virtually. To this end, among other things the consultant is expected to use the following methods;
4. Main deliverables
The main outputs expected from the consultant are:
5. Minimum qualifications
The consultant is expected to have:
6. Management arrangements
The consultant will work under the direct supervision of the project Chief Technical Adviser and Technical Officer based in Djibouti. S/He will also get technical back stopping support from other experts in the ILO Decent Work Country Team Cairo and Pretoria as well as the ILO regional office for Africa and Headquarters.
The assignment is expected to be completed in four months from the signing of the agreement.