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Pamphlet on Complementary International Labour Standards related to, containing specific provisions on, and that apply to, migrant workers

Country: Ethiopia
Organization: International Labour Organization
Closing date: 25 Nov 2020

TERMS OF REFERENCE

Pamphlet on Complementary International Labour Standards related to, containing specific provisions on, and that apply to, migrant workers

September 2020

The International Labour Organization is recruiting a consultant to create a pamphlet summarizing all the complementary International Labour Standards that relate to, contain specific provisions on, and apply to migrant workers.

I. Background

Globalization, demographic shifts, conflicts, income inequalities and climate change encourage ever more people to cross borders in search of employment and security. Labour migration affects most countries in the world, and migrant workers contribute greatly to development, both in countries of origin and countries of destination. Yet, the migration process entails complex challenges in terms of fair and effective governance, migrant workers’ protection, migration and sustainable development linkages and international cooperation.

More than ever, migration actors require specialized knowledge to enhance the understanding of labour migration challenges and opportunities in a changing political, economic and social context, and support the development of capabilities to manoeuver in this context.

ILO’s Migration for Employment Convention (revised), 1949 (No. 97) counts with 50 ratifications. The following 11 African States have ratified Convention no. 97: Algeria, Burkina Faso, Cameroon, Kenya, Madagascar, Malawi, Mauritius, Morocco, Nigeria, Tanzania Zanzibar, Zambia. It is worth noting that the last ratification by Morocco was received very recently and that a ratification of the same Convention by Sierra Leone is on its way.

ILO’s Migrant Workers (Supplementary Provisions) Convention, 1975 (No.143) has received 25 ratifications. The following 9 African States have ratified Convention no. 143: Benin, Burkina Faso, Cameroon, Guinea, Kenya, Madagascar, Mauritania, Togo, Uganda. It counts with a very recent ratification by Madagascar and Mauritania. Again, Sierra Leone has deposited the instrument of ratification with the ILO.

The 2016 “Promoting Fair Migration, General Survey concerning the migrant workers instruments, Report of the Committee of Experts on the Application of Conventions and Recommendations” identified the following countries in Africa as having reported intention to consider ratification: Algeria (C. 143), Benin (C. 97), Senegal (both), Sudan (both), Uganda (C. 97).

The Government of Sudan reported that it was currently considering ratification of the two Conventions;

The Government of Benin indicated that ratification of Convention No. 97 would be included in the annual workplan for 2016 of the General Labour Directorate, and ILO technical support would be appreciated in this regard;

The Government of Uganda (in relation to Convention No. 97) indicated that the instruments were among those identified to be considered for ratification.

The Government of Senegal (in relation to both Conventions) stated that the possibility of ratification was being studied.

The Government of Algeria stated that, with respect to the ratification of Convention No. 143, the issue required reflection in order to harmonize the labour migration governance scheme.

Ratifying and effectively implementing ILO Conventions Nos. 97 and 143 on Migrant Workers and their accompanying Migration for Employment Recommendation (Revised), 1949 (No.86) and Migrant Workers Recommendation ,1975 (no. 151) is a key pillar in realizing labour migration-related targets of the 2030 Agenda for Sustainable Development, the Global Compact on Safe, Orderly and Regular migration, as well as the implementation of ILO’s Decent Work and Fair Migration Agendas. Experience demonstrates that labour migration governance models that pursue decent work for all begin with a comprehensive policy framework guided by international labour standards. Well-governed labour migration can contribute to sustainable development for countries of origin, transit and destination, and can provide benefits and opportunities for migrant workers and their families. On the contrary, poorly governed labour migration can bring risks and challenges, including for sustainable development and decent work, in countries of origin, transit and destination, especially for low wage workers. These risks can include insecurity and informality, brain drain, displacement, increased risk of child labour, debt bondage, forced labour, trafficking in persons, safety and health hazards, discrimination, xenophobia in the workplace and other decent work deficits.

Yet, in Africa, the Migrant Workers Convention (No. 143) has been ratified by only 9 states, while the Migration for Employment Convention (No. 97) has only been ratified by 11, out of the 55 member states that compose the African Union.

Ratifying and effectively implementing Conventions Nos 97 and 143 promotes and strengthens the process of modernizing labour migration policies and legislation to meet the dynamic changes and challenges of governing labour migration and mobility today. It permits the consolidation of progress to achieve fair labour migration governance based on international cooperation, the recognition of changing business and labour market needs, respect for fundamental principles and rights at work, and promotes the principles of equality of treatment and opportunity for decent work among all workers.

In 2016, an outcome document of the discussion by the ILO Committee on the Application of Standards of the General Survey concerning the migrant workers instruments stated the following: “the Office should undertake an awareness-raising and implementation campaign on Conventions Nos 97 and 143 and Recommendations Nos 86 and 151…. Such an awareness-raising campaign should include tools to assist member States which have ratified the instruments in working towards their full implementation, as well as to assist other member States that express an interest in the possibility of ratifying the instruments*”**[1]**.* The committee added that it “firmly believes that the instruments have the potential to contribute to effective governance of the considerable current migration challenges faced by the ILO’s tripartite constituents[2].” In addition, the 2018 Revised African Migration Policy Framework also recommends to “Ratify and domesticate all the International Labour Organisation (ILO) Conventions on Labour Migration as appropriate to each Member State and harmonise national laws and regulations with international labour standards[3].”

The ILO has already produced a pamphlet on C. 97 and C. 143. This pamphlet will be complementary to that first pamphlet. It will include information on the following set of complementary International Labour Standards. that relate to, contain specific provisions on, and that apply to migrant workers. It is important that awareness is raised amongst social partners that migrant workers also benefit from labour rights contained in those instruments.

a) Two ILO Migrant Workers’ Recommendations:

Migration for Employment Recommendation (revised), 1949 (No. 86);

Migrant Workers Recommendation, 1975 (No. 151).

b) Specific ILS related to migrant workers’ social protection:

Maintenance of Social Security Rights Convention, 1982 (No. 157);

Maintenance of Social Security Rights Recommendation, 1983 (No. 167);

Employment Injury Benefits Convention, 1964 (No. 121);

Equality of Treatment (Social Security) Convention, 1962 (No. 118);

Social Security (Minimum Standards) Convention, 1952 (No. 102);

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19).

c) ILS containing specific provisions on migrant workers:

Decent Work for Peace and Resilience Recommendation, 2017 (No. 205)[4];

Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204);

Domestic Workers Convention, 2011 (No. 189);

Domestic Workers Recommendation, 2011 (No. 201);

Private Employment Agencies Convention, 1997 (No. 181);

Private Employment Agencies Recommendation, 1997 (No. 188);

Employment Service Convention, 1948 (No. 88)**

d) The eight Fundamental Conventions that apply to all migrant workers irrespective of migration status:

Worst Forms of Child Labour Convention, 1999 (No. 182);

Minimum Age Convention, 1973 (No. 138);

Discrimination (Employment and Occupation) Convention, 1958 (No. 111);

Equal Remuneration Convention, 1951 (No. 100).

Right to Organise and Collective Bargaining Convention, 1949 (No. 98);

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87);

Abolition of Forced Labour Convention, 1957 (No. 105);

Forced Labour Convention, 1930 (No. 29);

e) The four Governance Conventions underlined by the ILO Declaration on Social Justice for a Fair Globalization and its follow-up:

Labour Inspection Convention, 1947 (No. 81)

Employment Policy Convention, 1964 (No. 122)

Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)

f) ILO standards in the areas of employment, labour inspection, maternity protection, protection of wages, occupational safety and health, as well as in such sectors as agriculture, construction, hotels and restaurants that apply to migrant workers.

Labour Clauses (Public Contracts) Convention, 1949 (No. 94);

Protection of Wages Convention, 1949 (No. 95);

Plantations Convention, 1958 (No. 110);

Employment Policy Recommendation, 1964 (No. 122)

Minimum Wage Fixing Convention, 1970 (No. 131);

Nursing Personnel Convention, 1977 (No. 149);

Occupational Safety and Health Convention, 1981 (No. 155);

Occupational Health Services Convention, 1985 (No. 161);

Safety and Health in Construction Convention, 1988 (No. 167);

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172);

Safety and Health in Mines Convention,1995 (No. 176);

Maternity Protection Convention, 2000 (No. 183);

Safety and Health in Agriculture Convention, 2001 (No. 184).

g) Other newly adopted standards such as the following:

C 190 - Violence and Harassment Convention, 2019 (No. 190);

P 29 - Protocol of 2014 to the Forced Labour Convention, 1930;

R 200 - HIV and AIDS Recommendation, 2010 (No. 200)

R 202 - Social Protection Floors Recommendation, 2012 (No. 202);

R 203 - Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203);

R 205 - Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205);

R 206 - Violence and Harassment Recommendation, 2019 (No. 206)

II. The AU-ILO-IOM-ECA Joint Programme on Labour Migration Governance for Development and Integration

In 2015, the AU adopted the Joint Labour Migration Programme (JLMP), which promotes critical areas of facilitating the free movement of workers as a means of advancing regional integration and development. Key activity areas of the JLMP include skills portability and the mutual recognition of qualifications, the development of an African Qualifications Framework, social security access and portability for migrant workers, labour migration statistics, protection of the rights of migrant workers as well as the ratification and effective implementation of UN and ILO labour standards on migrant workers and their family members.

The JLMP is a long-term joint undertaking among the African Union Commission, the International Labour Organisation, the International Organisation for Migration and the Economic Commission for Africa, in coordination with other relevant partners operating in Africa, development cooperation actors, private sector organizations and civil society representatives. It is the instrument dedicated to the implementation of the 5th Key Priority Area of the Declaration and Plan of Action on Employment, Poverty Eradication and Inclusive Development, which was adopted by the Assembly of Heads of States and Governments in January 2015, Addis Ababa, Ethiopia. Its strategy focuses on intra-African labour migration and supports achievements of the First 2023 Ten Year Plan of the African Union (AU) Agenda 2063 and of the Sustainable Development Goals (SDGs) recently adopted by the UN. In addition, the JLMP is a critical instrument of implementing the Migration Policy Framework for Africa (MPFA) and Plan of Action (2018-2030) adopted by the AU Executive Council from 25th to 26th January 2018 in Addis Ababa, Ethiopia. In order to ensure a strong take off of the JLMP, a three-year project (2018-2021), the JLMP Priority, was developed with the overall objective of improving the governance of labour migration in order to achieve safe, orderly and regular migration in Africa as committed in relevant frameworks of the African Union (AU) and Regional Economic Commissions (RECs), as well as relevant international human rights and labour standards and other cooperation processes. The JLMP-Priority project’s outcomes seek to strengthen the effective governance and regulation of labour migration and mobility in Africa by seeking increased ratification and domestication of key international standards on labour migration, adoption and implementation of labour migration policy frameworks at national and regional levels, the harmonization of labour codes at regional stage, and building the capacity of labour market institutions, including the social partners, with the view of their effective participation in labour migration governance.

Outcome 2 of the JLMP Priority aims to improve policy and regulatory systems on labour migration at Member State and REC levels, taking into account its gender dimension and the relevant international human rights and labour standards. Within this outcome, activity 2.1.6 aims to promote the ratification of relevant international human rights and labour standards and domestication of these standards in national law and policy in selected countries and RECs.

Additionally, within the objective of leveraging social partners’ influential power to enhance the labour migration regulatory and policy systems at regional and national levels and social partners’ capacities to engage in labour migration governance at national, this material needs to be developed in Africa for Ministries of Labour, workers’ and employers’ organizations.

African workers’ and employers’ organizations, as well as Ministries of Labour are key stakeholders in the implementation of the JLMP . They need such a material to expand their knowledge on the subject and utilise it in their capacity-building activities. With a view to fulfilling these objectives, a consultant is sought to design a Pamphlet on Complementary International Labour Standards related to, containing specific provisions on, and that apply to, migrant workers.

III. Objective

The objective of the assignment is to produce a pamphlet accessible to all social partners and others, of all backgrounds and education levels, covering all complimentary standards that apply to migrant workers and highlighted the rights granted to them.

IV. Scope of work

A consultant will be recruited to create a comprehensive, yet user-friendly pamphlet summarizing all the complementary International Labour Standards that relate to, contain specific provisions on, and apply to migrant workers. The consultant will include brief information on the process of ratification and reporting, as well as suggest tips for the domestication of international labour standards. The information will need to be synthetized and communicated in a clear, succinct and straightforward language.

V. Expected result

The pamphlet aims to strengthen tripartite constituents, particularly social partners’ knowledge of international labour standards that relate to, contain specific provisions on, and apply to migrant workers. It will contribute to building their capacity to get involved in advocacy and lobbying activities on promoting equality of treatment and non-discrimination between national and migrant workers and the ratification and domestication of international labour standards.

VI. Methodology

The consultant will go through each of the above-mentioned instruments to synthetize and highlight key rights, explicitly or implicitly, included in them on the protection of migrant workers. He/she will refer to the 2016 Promoting Fair Migration, General Survey concerning the migrant workers instruments, Report of the Committee of Experts on the Application of Conventions and Recommendations, and other reports of the Committee of Experts on the Application of Conventions and Recommendations related to the instruments mentioned previously. . The consultant will consult ILO’s website and look for material produced by ILO NORMES on the promotion of the ratification of ILO Conventions. The consultant will extract from all of these reports key messages to be included in the pamphlet.

The pamphlet should not be more than 60 pages long and will comprise the following chapters:

a) Introduction

b) Two ILO Migrant Workers’ Recommendations:

c) Specific ILS related to migrant workers’ social protection:

d) ILS containing specific provisions on migrant workers:

e) The eight Fundamental Conventions that apply to all migrant workers irrespective of migration status:

f) The four Governance Conventions underlined by the ILO Declaration on Social Justice for a Fair Globalization and its follow-up

g) ILO standards in the areas of employment, labour inspection, maternity protection, protection of wages, occupational safety and health, as well as in such sectors as agriculture, construction, hotels and restaurants that apply to migrant workers.

h) Other newly adopted international labour standards by the ILO.

i) Conclusion- including brief information on the process of ratification and reporting, as well as suggested tips for the domestication of international labour standards

The consultant will provide to the ILO a final and edited product.

VII. Applicant’s requirements

· Advanced degree in law, international development, political science, social science, etc

· At least 5 years demonstrated experience drafting similar documents, analysing and synthetizing complex legal documents.

· Excellent command of English.

· Outstanding communication and writing skills.

VI. Reporting

The consultant will report to Silvia Cormaci, Project manager (cormaci@ilo.org ), and Ms. Gloria Moreno Fontes (mfontes@ilo.org ), ILO’s Regional Labour Migration Specialist for Africa, who will coordinate with MIGRANT in HQ and share it broadly with NORMES colleagues, the African Union and the IOM for their review/comments. The consultant will also benefit from the support of the JLMP Technical Officer, Mariette Sabatier (sabatier@ilo.org ).

The ILO will be responsible for coordinating the work of the consultant, including coordination with HQ as well as partners AUC and IOM. The ILO will be the leading agency responsible for incorporation of inputs and comments and validation of the deliverable.

VII. Duration

It is expected that the consultant will complete the work over the course of thirty (30) working days.

Foot Notes:

[1] International Labour Organization: Report of the Committee on the Application of Standards, Third item on the agenda; Information and reports on the application of Conventions and Recommendations, Provisional Record 16 part one, 105th Session of the International Labour Conference, Geneva, May-June 2016.

[2] International Labour Organization: Promoting Fair Migration, General Survey concerning the migrant workers instruments, Report of the Committee of Experts on the Application of Conventions and Recommendations International Labour Conference, 105th session, Geneva, May-June 2016, p. 197.

[3] African Union, Migration Policy Framework for Africa and Plan of Action (2018-2030), 2018, p. 35.

[4] Particularly Sections X. Migrants affected by crisis situations; and XI. Refugees and returnees.

How to apply:

VIII. Application

Applicants should send their resume, cover letter, three writing samples, and three references as well as daily rate to Mariette Sabatier (sabatier@ilo.org) by November 25, 2020.



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