Consultant for Study of Access to Justice of Nepalese Migrant Workers in Country of Origin and Destination

TERMS OF REFERENCE (ToR) 

Consultant for Study of Access to Justice of Nepalese Migrant Workers in Country of Origin and Destination

BACKGROUND: 

Nepal is a source, transit, and destination country for sex, labor, and organ trafficking. The 2019 ‘National Report on Trafficking in Persons in Nepal’ by National Human Rights Commission of Nepal estimates that 1.5 million Nepalis are vulnerable to trafficking of which 35,000 are sold every year for human trafficking to engage in difficult and dangerous foreign employment, adult entertainment and child labor activities (the document can be accessed here). The Hamro Samman project is a five-year program generously supported by the American people through the United States Agency for International Development (USAID) and the British people through the United Kingdom’s Department for International Development (UK aid) and implemented by Winrock International. It seeks to build the capacity of and facilitate coordination among the Government of Nepal (GoN), civil society, and private sector to combat human trafficking in Nepal.   

OVERVIEW: 

Nepal has observed increased economic growth, increased employment and increased foreign direct investment after the political stability in post constitution period with elected and stable government in all three tiers of government. The Ministry of Finance (2018) reports an economic growth of 7.10 percent, and four times growth on foreign investment in FY 2075/76 from the FY 2074/75 with a volume of 32 billion Rupees. One-third of Nepal’s GDP comes from remittances, the highest in the world. In spite of the clear economic contribution that remittances make to Nepal’s economy, the 2014 Global Slavery Index survey suggests that of the total estimated population of Nepalese, who have experienced forced labour, some 43% of them were exploited outside Nepal. The existing literatures and studies have been able to present list of issues and concern on migrant workers’ rights and to some extent on access to justice with focus on the study of complained cases. However, the studies up to now are not adequately explained the cycle of justice and the victims lived in experiences. There is still inadequate information on the victim’s perception and legal recognition of problems and issues of migrant workers and their access to justice. Thus, the Hamro Samman (HS) Project is planning a research on the issues of Nepalese migrant workers especially on access to justice in the country of origin and destination targeting the foreign labor migrants and other stakeholders. This study primarily focuses on identifying the existing grievances of migrant workers, needs and services for justice and further strengthening them. Hamro Samman Project is seeking qualified Research Consultant/s for study on access to justice of Nepalese migrant workers in country of origin and destination.  

OBJECTIVES: 

• To identify the grievances of the foreign labour migrant workers related to foreign employment and to determine the prevalence of those grievances  
• To assess the status of legal recognition and provisions of services and response to the various grievances and difficulties that migrant workers face during their journey to destination, at the destination and upon return from the destination  
• To understand the relation between the systemic gaps and its influence on the foreign labour migrant workers’ access to justice including the wage issues in countries of destination. 
• To develop list of recommendations for further strengthening access to justice for migrant workers in Nepal and in Destination Countries. 

ACTIVITIES: 

• Literature review of current study about the access to justice of migrant workers and practice of destination countries and country of origin on this issue. (The Consultant will carry out the literature review on existing situations, justice mechanisms and practices in the country of origin and destination) 
• Review  of  International  Human  Rights instrument and  National  Laws,  byelaws,  procedural, government order of destination countries and country of origin. (The Consultant will carry out the reviews of national and international laws related to access to justice in the country of origin and destination) 
• Make a potential case study based on reliable source (first hand testimony with victims), best practice of access to justice if available. (Prepare different cases studies based on the interviews with different respondents. It will focus on their experiences of foreign employment, needs and services and also the best practices if applicable.)
• Participate and make a statement report of different virtual meeting with stakeholders like GOs, CSOs, Development Partners, Judicial and Quasi-Judicial Authorities, and lawyers (The Consultant will engage with different stakeholders and prepare notes based on the meetings and consultations)  

TASKS AND OUTPUT: 

The consultant/s will make following deliverables: 

Process Deliverables: 

• Research team including research assistants and their job description, (The Research Consultant will prepare the research team and assign the roles of research assistants and also define their areas of work. Realistic timeline and work of the team must be submitted clearly.)  
• Inception meeting with NHRC and Winrock International/Hamro Samman Project team and follow up meetings as per requirement. 
• Inception report with research design, methodology, tools, and research work plan including timeline (The inception report submitted by the Consultant will include the finalized research design, methodology and tools which will be used in the entire research. The timeline requires the weekly work plan and detail of the activities.)   
• Field visit and data collection (virtual data collection and quality assurance)

Final Deliverables: 

• Draft report 
• Final research report in Nepali/English 

TIMING, DURATION AND LOCATION: 

Qualified consultant will be responsible to carry out the site visits in Kathmandu and also carry out virtual interviews/consultations as per the need. The consultant will complete the work by the end of October 2020 with total 40 working days. The consultant will be responsible for necessary arrangements, enumerators and support required.  

QUALIFICATIONS:  

• Master’s Degree in Human Rights, Migration Studies, Law or Social Sciences from a recognized institution. Knowledge about trafficking/labour migration related issues is a must.   
• Proven experience in working with diverse stakeholders of foreign labour migration including government agencies.
• At least 10 years of extensive experience in research and producing research reports. Prior research work in the field of human trafficking and migration research will be an advantage.  
• Excellent command in English and Nepali languages.  
• Good understanding of human rights related national and international laws (particularly related to trafficking and migration). 

TO APPLY:   

Interested Nepalese nationals can submit the following documents to HamroSammanJobs@winrock.org with the subject ‘Consultancy for Study of Access to Justice of Nepalese Migrant Workers in Country of Origin and Destination’ in the subject line by September 22, 2020.  

• A resume/CV outlining relevant experience and work references. 
• A letter of interest, stating why you consider yourself suitable for the assignment including one or more samples of previous work
  
• A proposal that includes: 
  • Brief concept note outlining tentative work plan for assignment with cost estimate. 
  • Financial proposal for the piece of work proposed in the ToR with evidence to support the proposal. 
• PAN and/or VAT registration required. For firms, tax clearance certificate and company registration is mandate. 

All employees and consultants must adhere to USAID, UK aid and Winrock International’s code of ethics, and specifically child safeguarding and trafficking in persons provisions covered in the project agreement. 

EEOE/AA.