 |
| International Labour Organization |
International Labour Organization (ILO) Jobs 2024
International consultant to
assess the registration, licensing, and inspection mechanisms of private
recruitment agencies in Ethiopia, Tanzania Uganda
International National Consultant United Nations at ILO August 2024
Background
International National Consultant United Nations at ILO August 2024
Background In
today’s fast-changing world, labour force mobility increases rapidly,
not only between companies but also between countries. Public Employment
Services (PES) and Private Recruitment or Employment Agencies (PrEAs)
when appropriately regulated and monitored, play an important role in
contemporary labour markets’ efficient and equitable functioning by
matching available jobs with suitably qualified workers, including
migrant workers, in a context of complicated regulations that differ by
country
Read Also:
In certain labour migration contexts, there has been a rapid growth in private recruitment agencies, in particular to facilitate the recruitment and placement of lower-skilled migrant workers. The rapid growth of PrEA is due to various reasons, namely the rapidly changing and flexible labour market, the limited operational capacities of public employment services, the use of other networks for placement, the high interest of companies seeking more flexible and mobile staff, and the increase in workers willing to move across borders under varied work arrangements.
Due to the continuous changes in national and global labour markets, PrEA have steadily increased their market share and expanded their business activities. Global private employment services recorded an upward trend in 2021 with a turnover estimated at €579bn and a placement of 62 million people in the labour market, representing an increase of 22.6% and 8% respectively over 2020[1]. The agency work generated the major share of revenues, contributing 72% of global revenues and it stood at €417.5bn with an increase of 13.7% over 2020[2].
The recruitment stage is important for migrant workers as it is the first step in the cycle. It can determine whether a worker has a positive migration experience, with the opportunity to acquire skills and remittances; or an exploitative one. In certain contexts, PrEAs act as important and often predominant labour market mediators in a globalized process of recruiting and facilitating the positioning of workers across national borders, especially for lower-skilled migrant workers migrating out of the African continent. In the case of low-skilled migrant workers, they are often prone to abuse by private employment agencies in origin countries, placement agencies in destination countries or employers, especially in the Arab States. Various studies report the widespread of exploitation and ill-treatment of migrant workers in connection with the operation of PrEAs[3]. Fraudulent practices at the recruitment stage and by PrEAs includes debt bondage linked to payment by low-skilled migrant workers of excessive recruitment fees and related costs and provision of false information about the nature, pay and conditions of work, often leading to detrimental contract substitution and human trafficking for labour exploitation.
International labour standards for fair recruitment
Practices as mentioned above are in breach of international standards pertaining to human and labour rights and are impediments to achieving labour-related targets under the Sustainable Development Goals (SDGs) – in particular SDG target 8.7 (elimination of all forms of forced labour and human trafficking) and SDG target 8.8 (protect labour rights and promote safe and secure working environments of all workers, including migrant workers, particularly women migrants)
The Private Employment Agencies Convention, 1997 (No.181) sets general parameters for the regulation, placement and employment of workers recruitment by PrEAs. It promotes cooperation between the public employment services (PES) and PrEA to ensure the most efficient functioning of the labour market, with the PES still maintaining the authority in formulating labour market policies. Under Article 1 (1), the convention defines private employment agency as “any natural or legal person, independent of the public authorities, which provide one or more of the following markets:
ILO’s Convention No. 181 prescribes protections for all workers who utilize the services of private employment agencies, including migrant workers. These protection mechanisms are in relation to freedom of association and collective bargaining; discrimination; personal data and privacy; the charging of fees and costs; child labour; the machinery and procedures for investigation of complaints, alleged abuses and fraudulent practices; and remedies, including penalties. These provisions, as well as the relevant provisions of Recommendation No. 188, are all crucial for protecting migrant workers throughout the employment process, from job seeking in countries of origin, to the provision of social welfare in countries of destination.
To support operationalization of these standards, the ILO has adopted the non-binding General Principles and Operational Guidelines for Fair Recruitment, and a Definition of Recruitment Fees and Related Costs. Together this guidance forms a comprehensive approach to realizing fair recruitment through development, implementation and enforcement of laws and policies aiming to regulate the recruitment industry and protect workers’ rights.
The ILO’s work on fair recruitment is conducted within the Office-wide global Fair Recruitment Initiative (FRI), first launched in 2014. The FRI’s vision is to ensure that recruitment practices nationally and across borders are grounded in labour standards, are developed through social dialogue, and ensure gender equality.The Strategy of the Initiative is centred around four pillars: enhancing, exchanging and disseminating global knowledge; improving laws, policies and enforcement; promoting fair business practices; and empowering and protecting workers.
In 2021, the ILO launched the first Regional Fair Recruitment Report, which found that various forms of unfairness in recruitment are widespread across Africa, particularly in the case of recruitment across borders, whether by formal or informal recruiters, and whether within Africa or to other regions. Unfairness in recruitment is often associated with the exacerbation of both vulnerability and decent work deficits in employment. The report includes a number of national case studies on the recruitment of migrant workers in Africa (including for Uganda and Ethiopia) and includes recommendations with a view of making recruitment fairer for national and migrant workers.[4]
In addition, in partnership with the African Union Commission, the ILO is developing a regional fair recruitment strategy. Fair recruitment is also high on the regional agenda. The Communique of the first African Labour Migration Conference, held in October 2023, calls for the AUC to “stimulate an enabling environment for the recruitment agencies, private and public, to institute fair and ethical recruitment practices in their businesses”. It also calls for the AUC to support RECs and Member States to “build capacities of private employment agencies to comply with the ILO General principles and operational guidelines for fair recruitment and relevant International Labour Standards.”[5]
Regulation of private employment agencies
The regulation of private employment agencies and of the recruitment process is essential for the protection of migrant workers. The second pillar of the FRI phase II focuses on improving laws, policies and enforcement to promote fair recruitment. The strategy promotes targeted support to regulatory efforts, implementation of legislation and policy, and to effective oversight and enforcement mechanisms to create an enabling environment for fair recruitment practices.
The initial stage in the development of a regulation is the determination of the legal status and conditions for operating private employment agencies, while considering the national context. The Private Employment Agencies Convention calls for Member States to govern the operations of PrEAs under a licensing or certification system. In addition, relevant international labour standards and global policy instruments, including the ILO theProtocol of 2014 to the Forced Labour Convention, 1930(P029), the accompanying ILO Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203), the ILO Private Employment Agencies Convention, 1997 (No. 181) and the non-binding ILO General Principles and Operational Guidelines for Fair Recruitment (GPOG) highlight the role of the labour inspectorate in recruitment[6].
Regulation of PrEAs differs from one country to another and takes various forms, it can be statutory, voluntary, or an outcome of a non-statutory processes of negotiation, such as collective bargaining. Similarly, the mandate of labour inspectorates to monitor and enforce recruitment regulations depends primarily on the regulatory modalities that countries use to govern labour migration and address issues related to forced labour/trafficking and recruitment, and the extent to which national labour laws cover the various sectors of the economy.
Context in Ethiopia, Tanzania and Uganda
Countries such as Ethiopia, Tanzania and Uganda are important countries of origin, transit and destination for people in mixed migration flows in the East and Horn of Africa region. Nonetheless, they are major countries of origin, in the context of using the services of private recruitment agencies to facilitate labour migration, especially to the Arab States.
Uganda has not yet ratified the Employment Service Convention, 1948 (No. 88), the Private Employment Agencies Convention, 1997 (No. 181) or the Domestic Workers Convention, 2011 (No. 189), but has ratified the International Convention on Migrant Workers (ICMW) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and has also introduced numerous labour migration governance structures.
The External Employment Unit under the Department of Employment services of the Ministry of Gender, Labour and Social Development (MGLSD) is responsible for the enforcement of the regulations of recruitment of Ugandan migrant workers and the licensing and regulating PrEAs. It ensures that that the employment contracts of Ugandan migrant workers who are deployed abroad through PEAs conform to the standard employment contract.
Key national legislations include the 2005 Rules and regulations governing the Licencing, Recruitment and Employment of Ugandan Migrants Workers Abroad, the 2006 Employment Act, the 2021 Employment regulations (Recruitment of Ugandan migrant workers) and the 2015 Guidelines on recruitment and placement of Ugandan migrant workers. In parallel, the External Employment Management Information System (EEMIS) was also developed to automate end to end the labour migration in Uganda.
The system currently includes all licensed PrEAs (more than 450 active PrEAs) and employment opportunities and has relevant information with regards to the employment of migrant workers. The system enhances accountability and transparency through the use of digitalization. Furthermore, key stakeholders including foreign missions, pre departure training institutions and immigration have been onboarded on the system. Contrary to the Private Employment Agencies Convention, 1997 (No.181) and the General Principles and Operational Guidelines for Fair Recruitment, and a Definition of Recruitment Fees and Related Costs, recruitment fees and related costs can, according to the law, be borne directly by migrant workers.
The Ugandan Association of External Recruitment Agency is the association of PrEAs in Uganda established in 2013. It is an umbrella of agencies professionally working together to spur growth of external recruitment in Uganda[7]. UAERA regulates and monitors the activities of member agencies together with the MGLSD In 2022, a parallel body was established – External Labour Agencies of Uganda[8]. Employers’ and workers organizations in Uganda, namely Federation of Ugandan Employers (FUE) and National Organization of Trade Unions (NOTU), participate actively in social dialogue related to labour migration governance in Uganda.
In February 2022, the UAERA and NOTU concluded a MoU which was witnessed by the FUE to activate the Migrant Recruitment Advisory (MRA). Among others, the MoU foresees that (1) the NOTU and FUE support UAERA to be recognized by the government of Uganda as a sole association representing external recruiters, and (2) to create a partnership to promote decent work in external employment[9].
For Ethiopia, the Ethiopian Overseas Employment Proclamation 923/206 and its amendment 1246/2021, defines three modes of recruitment and placement for overseas employment, namely through public recruitment, direct recruitment and recruitment through private recruitment agencies. In Ethiopia, the role of PrEAs in low-skilled migration to the GCC and Arab States is significant.
The country has so far ratified the Private Employment Agencies Convention, 1997 (No. 181) and the Employment Service Convention, 1948 (No. 88) but is yet to ratify the ICMW and other labour migration related conventions including the Migration for Employment Convention (Revised), 1949 (No.97), Migrant Workers (Supplementary Provisions) Convention, 197 (No.143) and the Domestic Workers Convention, 2011 (No. 189). The Ministry of Labour and Skills (MoLS) is the main organ responsible for regulating labour migration as well as licensing and supervising operations of PrEAs. Moreover, the Ministry through the 1246/2021 amendment proclamation has been given the authority to assign an “overseas employment inspectorate” to monitor agencies’ compliance with the Proclamation (within Ethiopia), rather than relying on the general and broader labour inspectorate.
However, the functioning of these inspection mechanisms is inconclusive, and the ILO assessment of the capacity and practices of PrEAs in Ethiopia conducted in 2020 identified a few concerns in relation to the capacity of monitoring [10]. MoLS has also developed and launched the Ethiopian Labour Market Information System (E-LMIS), with a micro-service to facilitate overseas employment “Ethiopian overseas workers”. The system provides a list of active PrEAs and facilitates the linkage between PrEAs and job seeker. With regards to recruitment services, fees and related costs, the labour proclamation No. 1156/2019 requires PEA as to provide its services “without charging directly or indirectly any fee from the worker” (art. 13).
The Overseas Employment Proclamation No. 923/2016 states that a PEA’s licence is revoked if it receives payment in cash or in kind from a worker for overseas employment services (art. 42(3)(i))[11]. However, the amendment proclamation 1246/2021 article 7(4) allows the charging of fees for all employed overseas through employment agency, other than in domestic work[12]. The Ethiopian Overseas Employment Agencies Federation (EOEAF) is an umbrella organization established in 2020 and bringing on board many private recruitment agencies in Ethiopia. The EOEAF actively participates in different forums and dialogues aimed to improve regulations and practices of labour migration management. With the aim of ensuring responsible, fair and ethical recruitment practices and support the Government in improving the labour migration governance in the country, the EOEAF developed a Code of Conduct (CoC) in partnership with the Ministry of Labour and Skills and the ILO.
The CoC encourages professionalism, competence, integrity, accountability and trustworthiness in overseas PEAs while promoting fair recruitment practice in line with the ILO General principles and operational guidelines for fair recruitment. The ILO has strengthened the capacity of members of the EOEAF with the aim of establishing fair recruitment process in Ethiopia. The capacity building initiatives include building their capacity and operational set up to conduct their business in line with Proclamation 923/2016 and its Amendment 1246/2021, as well as other relevant national legislation, ILO Private Employment Agencies Convention 1997 (No. 181) and the ILO General principles and operational guidelines on fair recruitment, and definition of recruitment fees and related costs; supporting in the development of a self-assessment tool for PEAs/EOEAF members for monitoring and evaluation; and more recently, the ILO has initiated the development of a sustainability strategic plan for the EOEAF through the development of a sustainable business model.
Tanzania has not yet ratified the Employment Service Convention, 1948 (No. 88), the Private Employment Agencies Convention, 1997 (No. 181) nor the labour migration related conventions including the Migration for Employment Convention (Revised), 1949 (No.97), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). The country has also not yet ratified the Domestic Workers Convention, 2011 (No. 189) but it is the process towards ratification of this convention. Recently the Tanzania Advisory Council on Labour-related matters, the Labour Economic and Social Council (LESCO) sat to consider and advise on this Convention alongside other five complimenting conventions (C 122, 102, 187, 121 and 155) before submission to the cabinet.
The Tanzania Employment Services Agency (TaESA) under the Employment Services Unit, Prime Minister’s Office Labour, Youth, Employment and Persons with Disability (PMO-LYED) is responsible for the enforcement of the regulations of recruitment of Tanzania migrant workers and the licensing and regulating PrEAs. Some laws and regulations pertinent to national and international labour migration in Tanzania include the Employment and Labour Relations Act, Cap.366; the Labour Institutions Act, Cap. 300; the Non-Citizens (Employment Regulation) Act No. 1 of 2015; the Employment Promotion Services Act No.9 of 1990; the Non-Citizens (Employment Regulations) GN. No.331 of 2016; the Employment and Labour Relations (Code of Good Practice) Rules of 2007; the National Employment Services (Private Employment Promotion Agency) Regulations of 2014; and the Employment and Labour Relations (General) Regulations of 2017. Tanzania is currently reviewing its National Employment Policy 2008, which also addresses labour migration issues.
The country is advancing the digitalization of its employment services, initiating the development of the Employment Services Management System (EMIS). The primary goal of this system is to increase access and enhance the efficiency of employment services in Tanzania. Progress includes the creation of various modules, such as the Management of Private Recruitment Agencies module. This module, which manages activities of Private Recruitment Agencies (PrEAs) including the placement of Tanzanians in jobs and internship opportunities abroad, is now complete and undergoing testing.
With disparities and similarities in regulating PrEAs and the different levels of engagement and role played by PrEAs, the International Labour Organization (ILO), through the Better Regional Migration Management Programme (BRMM), funded by the UK Foreign, Commonwealth and Development Office (FCDO) seeks the services of an international consultant. The consultant will conduct an assessment of the registration, licensing, and inspection mechanisms of private recruitment agencies in Ethiopia, Tanzania and Uganda to develop recommendations to improve regulation of PrEAs and ensure the protection of migrant workers in the three countries.
The Better Regional Migration Management (BRMM) Project Phase II
The ILO BRMM phase II project focuses on strengthening the capacities of countries in East and Horn of Africa to govern labour migration using evidence-based policies, enhance migrant workers’ qualifications and skills, and actively engage social partners. The BRMM project active in Djibouti, Ethiopia, Kenya, South Sudan, Somalia, Tanzania and Uganda (7 countries) implements three inter-related interventions namely:
Objective
The overall objective of the assignment is to assess the effectiveness of existing mechanisms for the registration, licensing, and inspection mechanisms of private recruitment agencies in Ethiopia, Tanzania and Uganda, and develop actionable recommendations to improve the regulation of PrEAs to ensure more effective regulation and monitoring, better protection of workers’ rights, and systems that are more responsive to employment policies and labour market needs.
The assessment should address the following for each country:
Background
In addition, the assessment should identify international best practices (4-5 best practices) in regulating PrEAs to better inform recommendations with a likelihood of replication in the assessed three countries. The best practice cases can focus on licensing and monitoring, licensing requirements for recruitment agencies, effective legal frameworks for regulating PrEAs, alternatives to statutory regulation including self-regulation mechanism, performance-based incentives and sanctions for PrEAs, the importance of multi-disciplinary inspection, and PrEA and PES partnership.
Methodology
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In certain labour migration contexts, there has been a rapid growth in private recruitment agencies, in particular to facilitate the recruitment and placement of lower-skilled migrant workers. The rapid growth of PrEA is due to various reasons, namely the rapidly changing and flexible labour market, the limited operational capacities of public employment services, the use of other networks for placement, the high interest of companies seeking more flexible and mobile staff, and the increase in workers willing to move across borders under varied work arrangements.
Due to the continuous changes in national and global labour markets, PrEA have steadily increased their market share and expanded their business activities. Global private employment services recorded an upward trend in 2021 with a turnover estimated at €579bn and a placement of 62 million people in the labour market, representing an increase of 22.6% and 8% respectively over 2020[1]. The agency work generated the major share of revenues, contributing 72% of global revenues and it stood at €417.5bn with an increase of 13.7% over 2020[2].
The recruitment stage is important for migrant workers as it is the first step in the cycle. It can determine whether a worker has a positive migration experience, with the opportunity to acquire skills and remittances; or an exploitative one. In certain contexts, PrEAs act as important and often predominant labour market mediators in a globalized process of recruiting and facilitating the positioning of workers across national borders, especially for lower-skilled migrant workers migrating out of the African continent. In the case of low-skilled migrant workers, they are often prone to abuse by private employment agencies in origin countries, placement agencies in destination countries or employers, especially in the Arab States. Various studies report the widespread of exploitation and ill-treatment of migrant workers in connection with the operation of PrEAs[3]. Fraudulent practices at the recruitment stage and by PrEAs includes debt bondage linked to payment by low-skilled migrant workers of excessive recruitment fees and related costs and provision of false information about the nature, pay and conditions of work, often leading to detrimental contract substitution and human trafficking for labour exploitation.
International labour standards for fair recruitment
Practices as mentioned above are in breach of international standards pertaining to human and labour rights and are impediments to achieving labour-related targets under the Sustainable Development Goals (SDGs) – in particular SDG target 8.7 (elimination of all forms of forced labour and human trafficking) and SDG target 8.8 (protect labour rights and promote safe and secure working environments of all workers, including migrant workers, particularly women migrants)
The Private Employment Agencies Convention, 1997 (No.181) sets general parameters for the regulation, placement and employment of workers recruitment by PrEAs. It promotes cooperation between the public employment services (PES) and PrEA to ensure the most efficient functioning of the labour market, with the PES still maintaining the authority in formulating labour market policies. Under Article 1 (1), the convention defines private employment agency as “any natural or legal person, independent of the public authorities, which provide one or more of the following markets:
- Matching offer of and applications for employment
- Employing workers with a view to making available to a third party; and/or
- Other services related to job seeking.
ILO’s Convention No. 181 prescribes protections for all workers who utilize the services of private employment agencies, including migrant workers. These protection mechanisms are in relation to freedom of association and collective bargaining; discrimination; personal data and privacy; the charging of fees and costs; child labour; the machinery and procedures for investigation of complaints, alleged abuses and fraudulent practices; and remedies, including penalties. These provisions, as well as the relevant provisions of Recommendation No. 188, are all crucial for protecting migrant workers throughout the employment process, from job seeking in countries of origin, to the provision of social welfare in countries of destination.
To support operationalization of these standards, the ILO has adopted the non-binding General Principles and Operational Guidelines for Fair Recruitment, and a Definition of Recruitment Fees and Related Costs. Together this guidance forms a comprehensive approach to realizing fair recruitment through development, implementation and enforcement of laws and policies aiming to regulate the recruitment industry and protect workers’ rights.
The ILO’s work on fair recruitment is conducted within the Office-wide global Fair Recruitment Initiative (FRI), first launched in 2014. The FRI’s vision is to ensure that recruitment practices nationally and across borders are grounded in labour standards, are developed through social dialogue, and ensure gender equality.The Strategy of the Initiative is centred around four pillars: enhancing, exchanging and disseminating global knowledge; improving laws, policies and enforcement; promoting fair business practices; and empowering and protecting workers.
In 2021, the ILO launched the first Regional Fair Recruitment Report, which found that various forms of unfairness in recruitment are widespread across Africa, particularly in the case of recruitment across borders, whether by formal or informal recruiters, and whether within Africa or to other regions. Unfairness in recruitment is often associated with the exacerbation of both vulnerability and decent work deficits in employment. The report includes a number of national case studies on the recruitment of migrant workers in Africa (including for Uganda and Ethiopia) and includes recommendations with a view of making recruitment fairer for national and migrant workers.[4]
In addition, in partnership with the African Union Commission, the ILO is developing a regional fair recruitment strategy. Fair recruitment is also high on the regional agenda. The Communique of the first African Labour Migration Conference, held in October 2023, calls for the AUC to “stimulate an enabling environment for the recruitment agencies, private and public, to institute fair and ethical recruitment practices in their businesses”. It also calls for the AUC to support RECs and Member States to “build capacities of private employment agencies to comply with the ILO General principles and operational guidelines for fair recruitment and relevant International Labour Standards.”[5]
Regulation of private employment agencies
The regulation of private employment agencies and of the recruitment process is essential for the protection of migrant workers. The second pillar of the FRI phase II focuses on improving laws, policies and enforcement to promote fair recruitment. The strategy promotes targeted support to regulatory efforts, implementation of legislation and policy, and to effective oversight and enforcement mechanisms to create an enabling environment for fair recruitment practices.
The initial stage in the development of a regulation is the determination of the legal status and conditions for operating private employment agencies, while considering the national context. The Private Employment Agencies Convention calls for Member States to govern the operations of PrEAs under a licensing or certification system. In addition, relevant international labour standards and global policy instruments, including the ILO theProtocol of 2014 to the Forced Labour Convention, 1930(P029), the accompanying ILO Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203), the ILO Private Employment Agencies Convention, 1997 (No. 181) and the non-binding ILO General Principles and Operational Guidelines for Fair Recruitment (GPOG) highlight the role of the labour inspectorate in recruitment[6].
Regulation of PrEAs differs from one country to another and takes various forms, it can be statutory, voluntary, or an outcome of a non-statutory processes of negotiation, such as collective bargaining. Similarly, the mandate of labour inspectorates to monitor and enforce recruitment regulations depends primarily on the regulatory modalities that countries use to govern labour migration and address issues related to forced labour/trafficking and recruitment, and the extent to which national labour laws cover the various sectors of the economy.
Context in Ethiopia, Tanzania and Uganda
Countries such as Ethiopia, Tanzania and Uganda are important countries of origin, transit and destination for people in mixed migration flows in the East and Horn of Africa region. Nonetheless, they are major countries of origin, in the context of using the services of private recruitment agencies to facilitate labour migration, especially to the Arab States.
Uganda has not yet ratified the Employment Service Convention, 1948 (No. 88), the Private Employment Agencies Convention, 1997 (No. 181) or the Domestic Workers Convention, 2011 (No. 189), but has ratified the International Convention on Migrant Workers (ICMW) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and has also introduced numerous labour migration governance structures.
The External Employment Unit under the Department of Employment services of the Ministry of Gender, Labour and Social Development (MGLSD) is responsible for the enforcement of the regulations of recruitment of Ugandan migrant workers and the licensing and regulating PrEAs. It ensures that that the employment contracts of Ugandan migrant workers who are deployed abroad through PEAs conform to the standard employment contract.
Key national legislations include the 2005 Rules and regulations governing the Licencing, Recruitment and Employment of Ugandan Migrants Workers Abroad, the 2006 Employment Act, the 2021 Employment regulations (Recruitment of Ugandan migrant workers) and the 2015 Guidelines on recruitment and placement of Ugandan migrant workers. In parallel, the External Employment Management Information System (EEMIS) was also developed to automate end to end the labour migration in Uganda.
The system currently includes all licensed PrEAs (more than 450 active PrEAs) and employment opportunities and has relevant information with regards to the employment of migrant workers. The system enhances accountability and transparency through the use of digitalization. Furthermore, key stakeholders including foreign missions, pre departure training institutions and immigration have been onboarded on the system. Contrary to the Private Employment Agencies Convention, 1997 (No.181) and the General Principles and Operational Guidelines for Fair Recruitment, and a Definition of Recruitment Fees and Related Costs, recruitment fees and related costs can, according to the law, be borne directly by migrant workers.
The Ugandan Association of External Recruitment Agency is the association of PrEAs in Uganda established in 2013. It is an umbrella of agencies professionally working together to spur growth of external recruitment in Uganda[7]. UAERA regulates and monitors the activities of member agencies together with the MGLSD In 2022, a parallel body was established – External Labour Agencies of Uganda[8]. Employers’ and workers organizations in Uganda, namely Federation of Ugandan Employers (FUE) and National Organization of Trade Unions (NOTU), participate actively in social dialogue related to labour migration governance in Uganda.
In February 2022, the UAERA and NOTU concluded a MoU which was witnessed by the FUE to activate the Migrant Recruitment Advisory (MRA). Among others, the MoU foresees that (1) the NOTU and FUE support UAERA to be recognized by the government of Uganda as a sole association representing external recruiters, and (2) to create a partnership to promote decent work in external employment[9].
For Ethiopia, the Ethiopian Overseas Employment Proclamation 923/206 and its amendment 1246/2021, defines three modes of recruitment and placement for overseas employment, namely through public recruitment, direct recruitment and recruitment through private recruitment agencies. In Ethiopia, the role of PrEAs in low-skilled migration to the GCC and Arab States is significant.
The country has so far ratified the Private Employment Agencies Convention, 1997 (No. 181) and the Employment Service Convention, 1948 (No. 88) but is yet to ratify the ICMW and other labour migration related conventions including the Migration for Employment Convention (Revised), 1949 (No.97), Migrant Workers (Supplementary Provisions) Convention, 197 (No.143) and the Domestic Workers Convention, 2011 (No. 189). The Ministry of Labour and Skills (MoLS) is the main organ responsible for regulating labour migration as well as licensing and supervising operations of PrEAs. Moreover, the Ministry through the 1246/2021 amendment proclamation has been given the authority to assign an “overseas employment inspectorate” to monitor agencies’ compliance with the Proclamation (within Ethiopia), rather than relying on the general and broader labour inspectorate.
However, the functioning of these inspection mechanisms is inconclusive, and the ILO assessment of the capacity and practices of PrEAs in Ethiopia conducted in 2020 identified a few concerns in relation to the capacity of monitoring [10]. MoLS has also developed and launched the Ethiopian Labour Market Information System (E-LMIS), with a micro-service to facilitate overseas employment “Ethiopian overseas workers”. The system provides a list of active PrEAs and facilitates the linkage between PrEAs and job seeker. With regards to recruitment services, fees and related costs, the labour proclamation No. 1156/2019 requires PEA as to provide its services “without charging directly or indirectly any fee from the worker” (art. 13).
The Overseas Employment Proclamation No. 923/2016 states that a PEA’s licence is revoked if it receives payment in cash or in kind from a worker for overseas employment services (art. 42(3)(i))[11]. However, the amendment proclamation 1246/2021 article 7(4) allows the charging of fees for all employed overseas through employment agency, other than in domestic work[12]. The Ethiopian Overseas Employment Agencies Federation (EOEAF) is an umbrella organization established in 2020 and bringing on board many private recruitment agencies in Ethiopia. The EOEAF actively participates in different forums and dialogues aimed to improve regulations and practices of labour migration management. With the aim of ensuring responsible, fair and ethical recruitment practices and support the Government in improving the labour migration governance in the country, the EOEAF developed a Code of Conduct (CoC) in partnership with the Ministry of Labour and Skills and the ILO.
The CoC encourages professionalism, competence, integrity, accountability and trustworthiness in overseas PEAs while promoting fair recruitment practice in line with the ILO General principles and operational guidelines for fair recruitment. The ILO has strengthened the capacity of members of the EOEAF with the aim of establishing fair recruitment process in Ethiopia. The capacity building initiatives include building their capacity and operational set up to conduct their business in line with Proclamation 923/2016 and its Amendment 1246/2021, as well as other relevant national legislation, ILO Private Employment Agencies Convention 1997 (No. 181) and the ILO General principles and operational guidelines on fair recruitment, and definition of recruitment fees and related costs; supporting in the development of a self-assessment tool for PEAs/EOEAF members for monitoring and evaluation; and more recently, the ILO has initiated the development of a sustainability strategic plan for the EOEAF through the development of a sustainable business model.
Tanzania has not yet ratified the Employment Service Convention, 1948 (No. 88), the Private Employment Agencies Convention, 1997 (No. 181) nor the labour migration related conventions including the Migration for Employment Convention (Revised), 1949 (No.97), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). The country has also not yet ratified the Domestic Workers Convention, 2011 (No. 189) but it is the process towards ratification of this convention. Recently the Tanzania Advisory Council on Labour-related matters, the Labour Economic and Social Council (LESCO) sat to consider and advise on this Convention alongside other five complimenting conventions (C 122, 102, 187, 121 and 155) before submission to the cabinet.
The Tanzania Employment Services Agency (TaESA) under the Employment Services Unit, Prime Minister’s Office Labour, Youth, Employment and Persons with Disability (PMO-LYED) is responsible for the enforcement of the regulations of recruitment of Tanzania migrant workers and the licensing and regulating PrEAs. Some laws and regulations pertinent to national and international labour migration in Tanzania include the Employment and Labour Relations Act, Cap.366; the Labour Institutions Act, Cap. 300; the Non-Citizens (Employment Regulation) Act No. 1 of 2015; the Employment Promotion Services Act No.9 of 1990; the Non-Citizens (Employment Regulations) GN. No.331 of 2016; the Employment and Labour Relations (Code of Good Practice) Rules of 2007; the National Employment Services (Private Employment Promotion Agency) Regulations of 2014; and the Employment and Labour Relations (General) Regulations of 2017. Tanzania is currently reviewing its National Employment Policy 2008, which also addresses labour migration issues.
The country is advancing the digitalization of its employment services, initiating the development of the Employment Services Management System (EMIS). The primary goal of this system is to increase access and enhance the efficiency of employment services in Tanzania. Progress includes the creation of various modules, such as the Management of Private Recruitment Agencies module. This module, which manages activities of Private Recruitment Agencies (PrEAs) including the placement of Tanzanians in jobs and internship opportunities abroad, is now complete and undergoing testing.
With disparities and similarities in regulating PrEAs and the different levels of engagement and role played by PrEAs, the International Labour Organization (ILO), through the Better Regional Migration Management Programme (BRMM), funded by the UK Foreign, Commonwealth and Development Office (FCDO) seeks the services of an international consultant. The consultant will conduct an assessment of the registration, licensing, and inspection mechanisms of private recruitment agencies in Ethiopia, Tanzania and Uganda to develop recommendations to improve regulation of PrEAs and ensure the protection of migrant workers in the three countries.
The Better Regional Migration Management (BRMM) Project Phase II
The ILO BRMM phase II project focuses on strengthening the capacities of countries in East and Horn of Africa to govern labour migration using evidence-based policies, enhance migrant workers’ qualifications and skills, and actively engage social partners. The BRMM project active in Djibouti, Ethiopia, Kenya, South Sudan, Somalia, Tanzania and Uganda (7 countries) implements three inter-related interventions namely:
- Labour migration policies and programmes that support fair and productive migration in the East Africa and Horn of Africa are evidence-based and gender sensitive.
- Labour migration governance is fair, equitable and effective recognizing skills and facilitating social inclusion and decent work.
- Labour migration governance is strengthened through being more inclusive of social partners.
Objective
The overall objective of the assignment is to assess the effectiveness of existing mechanisms for the registration, licensing, and inspection mechanisms of private recruitment agencies in Ethiopia, Tanzania and Uganda, and develop actionable recommendations to improve the regulation of PrEAs to ensure more effective regulation and monitoring, better protection of workers’ rights, and systems that are more responsive to employment policies and labour market needs.
The assessment should address the following for each country:
Background
- Brief labour migration context, with a focus on the role played by PrEAs
- Brief assessment on recruitment placement regulation, monitoring and enforcement in 2-3 major destination countries
- Most common challenges related to registration, licensing, and inspection of PrEAs (origin and destination country)
- Registration, licensing and inspection mechanisms of PrEAs
- Situational analysis. This section will review the environment PrEAs operate in the three countries. It will map out Standard Operating Procedures (SOPs) for registration, licensing and inspection including legal requirements for operating a PrEA and assess the effectiveness of services focusing on, among other issues, reliability and responsiveness. This section will also review existing mechanisms/approach to incentivise or sanction PrEAs and identify any existing remedies for victims of recruitment abuse. In addition, this section will assess the role of informal recruiters, focusing on subcontracting practices and mechanisms used to recruit. Finally, depending on the analysis a sector-specific analysis will be considered, especially focused on low-skilled sector.
- Legal and policy gap analysis vis a visrelevant international standard and guiding policies, including C181 and the GPOG/Definition. This section will provide detailed information on existing legal and policy frameworks in each country to regulate and monitor PrEAs and govern payment of recruitment fees and costs. The analysis will also review non-statutory regulations, any provisions regarding regulation of PrEA that are contained in BLMAs.
- Institutional analysis. This section will assess the three country’s institutional framework to regulate PrEA and identify gaps. It will review roles and responsibilities of the key line ministries and institutions involved in the regulation of PrEAs such as the Ministries of Labour, Public employment service and Labour Administration (labour inspection). It will also assess the role of social partners (and civil society organizations) in actions on fair recruitment. Finally, this section will also review the partnership and collaboration of PrEAs and PES in the three countries.
- Recommendations
Recommendations to improve registration, licensing and monitoring of PrEAs in each country, with a focus on actionable interventions for relevant stakeholders. The recommendations should take into account measures that will ensure that recruitment practices are transparent, effectively regulated, monitored and enforced; that they protect all workers’ rights; and that they efficiently inform and respond to employment policies and labour market needs. The recommendations should draw on ILS, international best practices and meet the countries’ different contexts.
In addition, the assessment should identify international best practices (4-5 best practices) in regulating PrEAs to better inform recommendations with a likelihood of replication in the assessed three countries. The best practice cases can focus on licensing and monitoring, licensing requirements for recruitment agencies, effective legal frameworks for regulating PrEAs, alternatives to statutory regulation including self-regulation mechanism, performance-based incentives and sanctions for PrEAs, the importance of multi-disciplinary inspection, and PrEA and PES partnership.
Methodology
- Desk review, including mapping of relevant stakeholders, situational analysis, legal and policy analysis and institutional analysis
- Key informant interviews (KIIs) with relevant stakeholders, to be agreed with ILO and the Ministries of Labour
- Presentation of preliminary findings in an online workshop to key stakeholders for feedback before finalising the report
- Deliverables and timeframe
The consultancy work will take 45 days within a period of five months. Below are major deliverables.
Payment schedule
- Inception report including his/her understanding of the assignment, detailed methodology notes, research and analysis tools and a realistic and detailed workplan
- First draft of the report
- Delivery of presentation in 2-hour online workshop to key constituents of the three countries, ILO and other relevant stakeholders to validate research findings
- 4-6 pages of policy briefs summarizing major findings and recommendations for each country
- Final full report, and incorporating feedback
Payment schedule
- 30% upon submission of an acceptable inception report including his/her understanding of the assignment, detailed methodology notes, research and analysis tools and a realistic and detailed work plan
- 30% upon submission of an acceptable draft report ready for presentation to stakeholders
- 20% upon delivery of presentation in 2-hour online workshop to key constituents to validate research findings
- 20% upon submission of the final full report, incorporating feedback and 4 – 6 page policy briefs summarizing major findings and recommendations for each country
Assignment supervision
The international consultant will work under the overall supervision of the ILO BRMM phase II project Chief Technical Advisor.
Key reference materials
ILO (2024) Fair recruitment roadmap: A guide for national action (forthcoming)
ILO (2024) Global study on recruitment fees and related costs: Second edition (forthcoming)
African Union, 23 May 2024, Doha Declaration on Labour Mobility between the Gulf Cooperation Council, Lebanon, Jordan and African Member States
ILO, 21 October 2023, Communique: First-Ever African Labour Migration Conference concludes in Abidjan
ILO (2022) Achieving fair and ethical recruitment: Improving regulation and enforcement in the ASEAN region
ILO (2022) Labour inspection and monitoring of recruitment of migrant workers
ILO (2022) Fair recruitment and access to justice for migrant workers
ILO (2021) Africa Regional Fair Recruitment Report: The recruitment of migrant workers to, within and from Africa
ILO (2019) General principles and operational guidelines for fair recruitment and definition of recruitment fees and related costs
ILO (2019) Establishing Fair Recruitment Processes: An ILO online training toolkit
ILO (2015) Protection of migrant workers in the recruitment and third-party employment process: International standards and guiding principles given by the Private Employment Agencies Convention, 1997 (No. 181) and Private Employment Agencies Recommendation, 1997 (No. 188)
Selection criteria and expressions of interest
Evaluation criteria
Expertise and qualification
Evaluation criteria
Maximum score
Weighting
Applicant has the necessary advanced degree as stated in the ToR
10
10
Applicant has proven expertise in labour migration, labour law and justice. Applicant has proven experience in conducting similar assignments
10
10
Applicant has at least 5 years of proven experience in conducting legal and policy research in the Africa region
10
10
Applicant has proven understanding of the labour migration context and protection issues in East Africa, with a focus on Ethiopia, Tanzania and Uganda
10
10
Proposed approach to deliver the ToR’s scope of work
Based on the submitted technical proposal, the applicant demonstrates its ability in conducting similar research and formulating gender-responsive policy recommendations. It has demonstrated its understanding of the different experiences of men and women in labour migration. The technical proposal also includes a realistic action/work plan.
10
30
Based on the submitted proposal, applicant demonstrates appropriate approach/methodology to be used to deliver on the objectives of the assignment including any innovation/new idea proposed.
10
30
Recommended presentation of proposal
Interested consultant must submit the following documents:
Consultancy fee Daily consultancy fee 45
Travel cost*
DSA (consultation in UN DSA rate per day USD209
Ethiopia –
Addis Ababa)
DSA (consultation in UN DSA rate per day USD184
Uganda –
Entebbe)
DSA (consultation in UN DSA rate per day USD225
Tanzania –
Dar es Salaam)
Air fair Cost of a round-trip
ticket for Addis Ababa,
Uganda and Dar es Salaam
Total travel cost
TOTAL consultancy fee + travel cost
*Number of mission days must be defined within the technical proposal.
[1] World Economic Confederation, (2023) Economic report
[2] World Economic Confederation, (2023) Economic report
[3] ILO, (2015) Protection of migrant workers in the recruitment and third party employment process
[4] ILO, (2021) Africa Regional Fair Recruitment Report: The recruitment of migrant workers to, within and from Africa
[5] ILO, (2023) Communique: First-Ever African Labour Migration Conference concludes in Abidjan
[6] ILO, (2022) Labour inspection and monitoring of recruitment of migrant workers, technical brief
[7] wcms_849246.pdf (ilo.org)
[8] External Recruitment Agencies Split Over Conflict of Interest :: Uganda Radionetwork
[9] wcms_849246.pdf (ilo.org)
[10] ILO (2022) Assessment of the capacity and practices of overseas Private Employment Agencies in Ethiopia
[11] ILO (2021) Africa regional fair recruitment report:The recruitment of migrant workers to, within and from Africa
[12] Excise Tax (Amendment) Proclamation No. 1229-2020 (wordpress.com)
How to apply
Interested individual consultants can send questions if any to the ILO’s Procurement Unit in Addis Ababa, Ethiopia (ADDIS_PROCUREMENT@ilo.org) until 20 August 2024 Questions will be answered and shared with the interested organizations by the Close of Business on 22 August 2022
Completed technical and financial proposals are to be submitted to ADDIS_PROCUREMENT@ilo.org by the Close of Business on 29 August 2024.
Note:
This is not a job post. Only individual consultant who submits a technical and financial proposal will be considered.
Go to our Homepage To Get Relevant Information.
Offers from a firm and a group of individual consultants will not be considered.
Key reference materials
ILO (2024) Fair recruitment roadmap: A guide for national action (forthcoming)
ILO (2024) Global study on recruitment fees and related costs: Second edition (forthcoming)
African Union, 23 May 2024, Doha Declaration on Labour Mobility between the Gulf Cooperation Council, Lebanon, Jordan and African Member States
ILO, 21 October 2023, Communique: First-Ever African Labour Migration Conference concludes in Abidjan
ILO (2022) Achieving fair and ethical recruitment: Improving regulation and enforcement in the ASEAN region
ILO (2022) Labour inspection and monitoring of recruitment of migrant workers
ILO (2022) Fair recruitment and access to justice for migrant workers
ILO (2021) Africa Regional Fair Recruitment Report: The recruitment of migrant workers to, within and from Africa
ILO (2019) General principles and operational guidelines for fair recruitment and definition of recruitment fees and related costs
ILO (2019) Establishing Fair Recruitment Processes: An ILO online training toolkit
ILO (2015) Protection of migrant workers in the recruitment and third-party employment process: International standards and guiding principles given by the Private Employment Agencies Convention, 1997 (No. 181) and Private Employment Agencies Recommendation, 1997 (No. 188)
Selection criteria and expressions of interest
- Advanced University in law or social science or related disciplines
- Proven expertise in labour migration, labour law and justice. Proven experience in conducting similar assignments
- Al least 5 years of proven experience in conducting legal and policy research in the African region
- Demonstrated understanding of the labour migration context and protection issues in East Africa, with a focus on Ethiopia, Tanzania and Uganda
- Demonstrated understanding of the different experiences of men and women in labour migration, and how to formulate gender-responsive policy recommendations
- Experience in working with the ILO and its constituents, or other United Nations agencies is an asset
- Proven ability to deliver high quality outputs in line with agreed budget and deadlines
- Excellent command of English
Evaluation criteria
Expertise and qualification
Evaluation criteria
Maximum score
Weighting
Applicant has the necessary advanced degree as stated in the ToR
10
10
Applicant has proven expertise in labour migration, labour law and justice. Applicant has proven experience in conducting similar assignments
10
10
Applicant has at least 5 years of proven experience in conducting legal and policy research in the Africa region
10
10
Applicant has proven understanding of the labour migration context and protection issues in East Africa, with a focus on Ethiopia, Tanzania and Uganda
10
10
Proposed approach to deliver the ToR’s scope of work
Based on the submitted technical proposal, the applicant demonstrates its ability in conducting similar research and formulating gender-responsive policy recommendations. It has demonstrated its understanding of the different experiences of men and women in labour migration. The technical proposal also includes a realistic action/work plan.
10
30
Based on the submitted proposal, applicant demonstrates appropriate approach/methodology to be used to deliver on the objectives of the assignment including any innovation/new idea proposed.
10
30
Recommended presentation of proposal
Interested consultant must submit the following documents:
- Technical proposal, specifying the understanding of the assignment, methodology, approach, proposed work, and work plan. The technical proposal must respond to the evaluation criteria defined above and cite examples of work, while attaching samples of reports of similar work done previously. Candidate’s CV should also be attached highlighting its qualifications and relevant experiences in line with the assignment and providing contact details (email and telephone number) of the candidate and at least three (3) professional references.
- Financial proposal, the interested consultant is requested to provide a financial offer in USD and include separately professional fees related to the activity and costs for field mission. Field mission will be taken to the three countries (Ethiopia – Addis Ababa, Uganda – Entebbe and Tanzania – Dar Es Salaam).
Consultancy fee Daily consultancy fee 45
Travel cost*
DSA (consultation in UN DSA rate per day USD209
Ethiopia –
Addis Ababa)
DSA (consultation in UN DSA rate per day USD184
Uganda –
Entebbe)
DSA (consultation in UN DSA rate per day USD225
Tanzania –
Dar es Salaam)
Air fair Cost of a round-trip
ticket for Addis Ababa,
Uganda and Dar es Salaam
Total travel cost
TOTAL consultancy fee + travel cost
*Number of mission days must be defined within the technical proposal.
[1] World Economic Confederation, (2023) Economic report
[2] World Economic Confederation, (2023) Economic report
[3] ILO, (2015) Protection of migrant workers in the recruitment and third party employment process
[4] ILO, (2021) Africa Regional Fair Recruitment Report: The recruitment of migrant workers to, within and from Africa
[5] ILO, (2023) Communique: First-Ever African Labour Migration Conference concludes in Abidjan
[6] ILO, (2022) Labour inspection and monitoring of recruitment of migrant workers, technical brief
[7] wcms_849246.pdf (ilo.org)
[8] External Recruitment Agencies Split Over Conflict of Interest :: Uganda Radionetwork
[9] wcms_849246.pdf (ilo.org)
[10] ILO (2022) Assessment of the capacity and practices of overseas Private Employment Agencies in Ethiopia
[11] ILO (2021) Africa regional fair recruitment report:The recruitment of migrant workers to, within and from Africa
[12] Excise Tax (Amendment) Proclamation No. 1229-2020 (wordpress.com)
How to apply
Interested individual consultants can send questions if any to the ILO’s Procurement Unit in Addis Ababa, Ethiopia (ADDIS_PROCUREMENT@ilo.org) until 20 August 2024 Questions will be answered and shared with the interested organizations by the Close of Business on 22 August 2022
Completed technical and financial proposals are to be submitted to ADDIS_PROCUREMENT@ilo.org by the Close of Business on 29 August 2024.
Note:
This is not a job post. Only individual consultant who submits a technical and financial proposal will be considered.
Go to our Homepage To Get Relevant Information.
Offers from a firm and a group of individual consultants will not be considered.
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