Request for Proposal (RFP)

The International Organization for Migration (IOM) is looking for a qualified Consultant or a Consultancy Firm to conduct a “Stocktaking Exercise to facilitate the implementation of the Overseas Employment and Migrants Act 2013 and Prevention and Suppression of Human Trafficking Act 2012” as per below Terms of Reference (ToR):

1. Background/Context of the programme:

Worldwide human mobility has been witnessing an unprecedented trend. Migration has been increasingly recognized as a contributor to socio-economic development. The 2030 Agenda for Sustainable Development recognizes for the first time the contribution of migration to sustainable development. Migration is a cross-cutting issue, relevant to all of the Sustainable Development Goals (SDGs) 11 out of 17 goals contain targets and indicators that are relevant to migration or mobility.

Bangladesh is a major labour sending country with around 11 million Bangladeshi present in more than 165 countries.  The GoB has enacted the Overseas Employment and Migrants Act 2013 (OEMA 2013) to promote opportunities for overseas employment and to establish a safe and fair system of migration, to ensure rights and welfare of migrant workers and members of their families. However, there remains challenges in the form of irregular recruitment practices, high costs of migration, increased vulnerabilities of migrants and unfulfillment of migrants’ rights among others.

In addition, there are issues which adds challenges of migration. Trafficking in persons continues to remain as a major problem in the context of migration in Bangladesh. It is said that the vast majority of people who are trafficked are migrant workers. Around 600,000 to 800,000 women, children and men bought and sold across international borders every year and exploited for forced labor or commercial sex (U.S. Government) When internal trafficking victims are added to the estimates, the number of victims annually is in the range of 2 to 4 million. Desperation and lack of awareness of potential migration, limited implementation of policies along with a range of other factors lead to prevalence of human trafficking. The demand for cheap labour, sexual services and certain criminal activities are among the root causes of trafficking while a lack of opportunity, resources and social standing are other contributing factors.

Trafficked persons are often victims to abuse such as rape, torture, debt bondage, unlawful confinement and threats against their family or other persons close to them, as well as other forms of physical, sexual and psychological violence. Sustainable Development Goal (SDG) 5.2, 8.7, 16.2 explicitly mention elimination of trafficking reflecting the commitment of global leaders to address the issue.

Bangladesh is a source and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and sexual exploitation. A significant share of Bangladesh’s trafficking victims are men recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions of forced labor or debt bondage. The GoB has enacted policy framework to curb the incidences of trafficking in persons. Prevention and Suppression of Human Trafficking Act 2012, the ruled drafted under the framework of the act in 2017 lays down the foundation upon which law enforcement agencies, prosecutors and judiciary entities can act to curb trafficking. Through a consultative approach, two national action plans were also prepared to guide the action of the stakeholders involved. Looking at the institutional framework, counter trafficking requires coordination and cooperation between a number of public agencies in Bangladesh and across the border.

However, as evident from the US Human Trafficking Report 2017, where Bangladesh was downgraded2 to tier two watchlist3, there remains challenges Protection of the victims of the trafficking is limited. Complicity of officials in trafficking offenses remained a serious problem, as evident from identification of victim registering downward trend, services specifically designed for traffic victims are lacking along with referral mechanism, standard of services provided through shelter homes are inadequate. Cases filed for tracking offences also show downward trend.

Given there are two legal frameworks in place to curb irregular migration and ensure safe migration, it is vital to review the status of implementation to guide future interventions.

Against this context, IOM aims to conduct a stocktaking exercise on the OEMA 2013 and PSHT 2012 and related rules and action plans. This exercise will put forward the status of implementation, the challenges and the way forward for functional and effective implementation of the two legal frameworks.   The study will form the basis of future advocacy initiatives of relevant stakeholders to strengthen the implementation of policy frameworks and delineate concrete action points.  

2. IOM Project to which the Consultancy is contributing:

Bangladesh: Sustainable Reintegration and Improved Migration Governance (Prottasha), implemented by the International Organization for Migration (IOM) and funded by the European Union (EU). The overall objective of the project is to contribute to the sustainable reintegration of returnees and the Progressive achievement of Goal 10.7 to facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed policies.

The specific objectives (SO)of the project are to ensure that;

  • SO 1: Irregular migrants returning to Bangladesh are sustainably reintegrated (Reintegration component)
  • SO2: The capacities of the Government of Bangladesh and other migration actors are strengthened to manage migration at central and local levels and to ensure reintegration of irregular migrants (Migration Governance component)

3. Objectives:

  • To conduct an analysis/stocktaking exercise of related legislation, policies, plans, personnel capacity and coordination mechanisms to facilitate implementation of TIP and migrant related legislations, including the existing gaps / obstacles/challenges
  • To strengthen the human resource capacity of agencies, and support implementation of relevant human trafficking and migration laws through capacity building training and inter-ministerial consultations and inter-agency coordination

4. Key Tasks of the Consultancy:

  1. Conduct a Stocktaking exercise on TIP relevant legislation and Policies and Plans for relevance and appropriateness; human capacities for long term monitoring and management, inclusive of recommendations for the development of the necessary capacities in support of TIP legal framework Implementation. This task should then entail a comprehensive review of relevant literature, primary data collection and consultation with relevant stakeholders including members from National Anti-Trafficking Committee and Police Monitoring Cell, Counter Trafficking Committees at district, Upazila and union level
  2. Conduct stocktaking exercise for OEMA 2013 and relevant policies and plans, and human and institutional capacities, monitoring mechanisms in place for the implementation. This would include review of relevant documents, consultations with key stakeholders
  3. Prepare a draft report identifying status of implementation of the legal and policy frameworks as mentioned above issues behind lagging implementation and way forward.
  4. Share findings at National Stakeholder validation workshop and finalize and submit the stocktaking report based on comments/ feedback from stakeholders and the implementing agencies.
  5. Prepare a policy brief based on the report which may further be used for advocacy purposes.  

5. Methodology:

The consultant need to detail out methodology for the proposed activities however, the following can be considered: 

  1. Primary Information: Information collected at both central and field level through Focus Group Discussions/Key informants’ interviews with IOM Ministry of Home Affairs (MoHA) (with representatives from the government; law enforcement agencies at central and field level, CSOs/NGOs, migrant’s association); Ministry of Expatriates’ Welfare and Overseas Employment and its related agencies
  2. Secondary information: Review of national laws and related action plans/strategies, media monitoring, relevant publications.
  3. All work submitted must be in line with the programme communication guidelines including IOM spelling list: 2013, IOM House Style Manual and IOM Brand Guidelines 2018.

6. Deliverables

The following are the expected deliverables;

  1. Inception Report containing final methodology and workplan.
  2. Stocktaking draft report detailing the findings on implementation status of current TIP and OEMA relevant legislations, policies and plans, human capacity, national identification and referral mechanism, databases, coordination mechanisms and so on. The report should also provide concise and actionable recommendations to strengthen implementation capacity and any other identified gaps
  3. Final report based on feedback at the national consultation
  4. Policy Brief summarizing the findings and delineating the way forward including identification of Priorities for TIP and OEMA legal framework Implementation through a consultation process

7. Duration/ Timeline:

The total duration for this assignment is proposed to be approximately 6 months.

8. Method of Application:

Interested Consultants are invited to submit documents stated in section 9 by 5 July, 2018 through e-mail to: faahmed@iom.int; mentioning the RT/CO-306/009 in subject line.  Please keep the attachment size under 5 MB.

For any queries please write to: DhakaProttasha@iom.int and DhakaPL@iom.int.  

9. Required Documents:

Consultancy Firm/Individual consultant need to submit technical and financial proposal.

Each Submission Must Include the Following:

  • Consultancy Firm/Consultant Profile: A brief summary of the organization and CV of the expert including records on past experience in similar assignments and name of the references.
  • Technical Proposal with detailed methodology, tools and work plan along with samples of previous work;
  • Financial Proposal listing all costs associated with the assignment. In particular, the financial proposal should itemize the following:
    1. Consultancy fees in local currency per day;
    2. Variable costs inclusive of transportation costs, printing of study tools; research team (if applicable); meeting/FGDs/KIIs costs
    3. Costs associated with the national consultation (venue, food and others) held in Dhaka will be borne by IOM.

10. Professional and Related Experiences:

The proposed team from the consultancy firms or the consultants should have following competence.

  • Must be an expert who has completed minimum Master’s degree in Social Sciences or related field with at least five years of relevant professional experience. PhD is an added advantage;
  • Sound knowledge and demonstrated capacity in designing the tools and methodology and conducting research and assessments.
  • Solid understanding about trafficking issues and migration sector of Bangladesh.
  • Demonstrated ability to draw lessons from relevant international, regional and national practices and processes;
  • Excellent presentation, oral and written communication skills;
  • Proficiency in English and good analytical, drafting skills.
  • Ability to deliver according to specified timeline while maintain quality of the output.

The Proposal should be written in English.

Any attempt for persuasion will be considered as a disqualification

ONLY SHORT LISTED CONSULTANTS/CONSULTANCY FIRMS WILL BE ASSESSED

ORGANIZATIONS WILL BE RESPONSIBLE FOR ANY TAX OR VAT ISSUES IF APPLICABLE.

2 US Human Trafficking Report classifies countries in 4 tiers. Bangladesh belonged to Tier 2 in 2016, which is one tier above the current position.  

3 Tier Two Watchlist means: “Countries whose governments do not fully meet the Trafficking Victims Protection Act’s (TVPA) minimum standards, but are making significant efforts to bring themselves into compliance with those standards AND: a) The absolute number of victims of severe forms of trafficking is very significant or is significantly increasing; b) There is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year; or c) The determination that a country is making significant efforts to bring itself into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year.

IOM is an equal opportunity employer and women are encouraged to apply.
IOM Offices and vehicles have smoke-free work environment.