Request for Proposal (RfP)

The International Organization for Migration (IOM) is looking for a qualified Consultant or Consultancy Firm to carry out a “Comprehensive review of the legal framework governing labour migration”:

Background/Context of the programme:

The world is evolving and there have been some significant paradigm shift in the migration arena as well. Migration has been increasingly recognized as a driver for development and been of high interest of policy makers due to the diverse impacts it has on societies and countries. There has been increasing commitment from the stakeholders to strengthen the migration governance through improved policy and legal frameworks.

In 2015, United Nations Member States adopted the 2030 Agenda for Sustainable Development, which provided a blueprint for peace and prosperity for people and the planet, now and into the future. More recently, in December 2018, Member States adopted Global Compact for Safe, Orderly and Regular Migration (GCM) which is the first inter-governmentally negotiated agreement, prepared under the auspices of the United Nations, covering all dimensions of international migration in a holistic and comprehensive manner. The Global Compact is framed in a way consistent with target 10.7 of the 2030 Agenda for Sustainable Development in which Member States committed to cooperate internationally to facilitate safe, orderly and regular migration. In addition, it is aligned with Declaration of Human Rights; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the International Convention on the Protection of the rights of All Migrant Workers and Member of their Families (ICRMW) among other core international human rights treaties.

As a major source country of migrant workers, Bangladesh had a long-standing commitment to promote and protect the human rights of migrant workers and members of their families, reflected in the ratification of the ICRMW. At the national level, the Government of Bangladesh (GoB) has been working towards further strengthening the policy and legal framework to protect the rights of migrants and promote their welfare. This has been showcased through the approval of the Prevention and Suppression of Human Trafficking (PSHT) Act 2012; Overseas Employment and Migrants Act (OEMA) 2013 and the Expatriates’ Welfare and Overseas Employment Policy 2016 (EWOEP).

The PSHT 2012 and OEMA 2013 promoted opportunities for overseas employment, established a safe and fair system of migration, and provided for the punishment of unscrupulous activities in the recruitment of migrant workers. The EWOEP 2016 was formulated in close compliance with the Convention with the view to protect the rights of migrant workers, especially female migrant workers.

The preamble to the OEMA 2013 Act declares that its aim is to enact provisions in tandem with international standards as enshrined in this Convention and other labour and human rights treaties ratified by Bangladesh, in order to create “opportunities for overseas employment and establish a safe and just system of migration, to ensure rights and welfare of migrant workers and members of their families”. With this view, the GoB with the assistance from the International Organization for Migration (IOM) is proposing a review of OEMA 2013 in light of the ICRMW and the GCM to domesticate international frameworks.

The purpose of this review is to support the GoB to make reforms/changes to the OEMA 2013 to bring in relevant provisions of the ICMRW and the GCM to ensure that the national frameworks are aligned with international legal and development frameworks which are crucial to protect the migrant workers.

IOM Project to which the Consultancy is contributing:

Bangladesh: Sustainable Reintegration and Improved Migration Governance (Prottasha), is a four years project implemented by the International Organization for Migration (IOM) in partnership with BRAC 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)
  • SO 2: Strengthen policies and practices to improve migration governance (Migration Governance component)
  • SO 3:Relevant actors make informed decisions about migration, and practice and promote safe, orderly and regular migration behaviours, including remittance management. (Awareness Raising component)

Objectives of the consultancy

The overall objective of the consultancy is to conduct a review of the OEMA 2013 in light of recent legal and policy frameworks to identify the field of changes required in OEMA 2013.  

The specific objectives are to;

  • Review of ICRMW, SDGs and GCM to identify key areas reflected in the documents for legal reform
  • Review of OEMA 2013 in light of recent policy and legal frameworks to ensure protection, the Expatriates’ Welfare and Overseas Employment Policy 2016 and welfare of migrant workers
  • Suggest provisions of the OEMA 2013 to ensure international standards as laid out in SDGs, ICRMW and GCM are incorporated in the reform/revision

Key Tasks of the Consultancy:

  • Conduct a review of the  OEMA 2013 in light of  ICMRW, SDGs and GCM
  • Identify areas of OEMA 2013 which needs revisions to support GOB to attain the goals/actions specified in ICMRW, SDGs and GCM

Methodology:

The consultant needs to detail out a methodology for the proposed activities, however, the below is proposed: 

  • Literature review
  • Key Informants’ Interviews with Government officials, legal experts and other resource persons
  • All work submitted must be in line with the programme communication guidelines including IOM spelling list, IOM House Style Manual and IOM Brand Guidelines 2018.

Deliverables

The following are the expected deliverables;

  1. Inception Report containing work plan
  2. Detailed final methodology, tools for data collection and sources of information
  3. Draft assessment report to be shared with IOM
  4. Revise assessment report according to feedback to present at the national sharing and validation workshop. This should include concept note for the workshop and the materials to be shared
  5. Final report based on feedback of the workshop
  6. Policy brief highlighting concrete recommendation/policy action. The policy brief should not exceed 6 pages.

Duration/ Timeline:

The total duration for this assignment is proposed to be approximately 3 months.

Method of Application:

Interested Consultants are invited to submit documents stated below by 18th June, 2019 through e-mail to faahmed@iom.int; mentioning the RT/CO-396/2019/012: Comprehensive review of the legal framework governing labour migrationin the subject line.  Please keep the attachment size under 9 MB.

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

Required Documents:

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

Each Submission Must Include the Following:

  • Consultant Profile: A detailed CV of the experts 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 (at least two) 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; meetings  

Professional and Related Experiences:

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

  • Must be an expert with legal background and sound knowledge of the migration sector
  • Ability to deliver according to a specified timeline while maintaining the quality of the output.

The Proposal should be written in English.

Any attempt for persuasion will be considered as a disqualification

ONLY SHORTLISTED CONSULTANTS/CONSULTANCY FIRMS WILL BE ASSESSED

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

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