Strategic Action Plan for the Implementation of the Expatriates Welfare and Overseas Employment Policy, 2016

Transcription

1 Strategic Action Plan for the Implementation of the Expatriates Welfare and Overseas Employment Policy, 2016 Terms of Reference (ToR) for an expert in strategic action planning ADMINISTRATIVE INFROMATION: Closing Time 28 Feb 2016 Contact Person Budget Code Outcome Output Activity Offer Validity Requirement Respondent Type Contract Type Amendments to the / Termination of the ToR and Data management Response Offer Name: Nisha nish@ilo.org RBTC xxxx 1. Men and women migrant workers are better protected 1.1. The Government of Bangladesh and stakeholders, including social partners and employment service providers, have the capacity to adopt and implement 5 new frameworks pertaining to labour migrants including an improved complaints mechanism; social security legislation; and support services for migrants The project provides technical assistance to Bangladeshi officials to develop an implementation planning responsibility framework and services list 45 days from the closing date Individual expert with high level expertise in strategic action planning. ILO External Collaboration Contract ILO may amend the ToR or the selection/approval process at any time, including the Closing Time, or terminate the ToR. Any such change that affects the respondents will be communicated to all Respondents. ILO is not liable for any costs or compensation for the preparation of the response offer by the respondents. All documents, including this ToR, produced through this assignment shall remain the property of the ILO. A CV showing relevant experience, a financial price offer and evidence of relevant work experiences with the contact details of two previous 1

2 service users/clients need to be submitted by the Closing Time to the Contact Person. Ethics Gender Equality General Considerations ILO expects and by responding to this ToR, all respondents shall commit to apply highest standards of ethical behaviour and fair dealing throughout the process and undertake not to be involved in any actual, potential or perceived conflict of interest concerning itself or a related entity while responding to this ToR in the course of the assignment delivery, if contracted. More information can be found here: ILO promotes opportunities for all sexual identities to obtain decent and productive work in conditions of freedom and therefore, this assignment is required to given equal weightage and if required, affirmative treatment to promote employment of women. More information can be found here: The response offer, technical and financial, must be written in English and prices in Bangladeshi Taka (BDT). The respondents should be aware that competitive neutrality shall be maintained and the public sector shall not have advantages over private sector competitors by virtue of public sector ownership. Response offer is expected only from those experts who have prior experience of having done similar work. The report shall follow the ILO in-house style manual, which shall be made available to the selected respondent. Special consideration This assignment is open to only to those resident in Bangladesh. Excellent language skills in Bangla is required (written, oral and comprehension). Excellent language skills in English is required (written, oral and comprehension). Language, words, terms and phrases to be used in the seminar and the report must be respectful of labour rights, gender equality, persons with disability and rights of other marginalized groups. For any clarity, ILO should be contacted. Travel No travel required outside Dhaka. The expert will be responsible for making local appointments for meetings, etc. and local travel arrangements on their own at their own cost. 2

3 INTRODUCTION: The work mentioned herein come under the ILO s technical assistance to the Government of Bangladesh and workers and employers organizations for strengthening labour migration governance. This technical cooperation is planned to be executed in a phased manner. And began in July 2010 with an opening phase and a longer term phase-1 through the programme Promoting Decent Work through Improved Migration Policy and its Application in Bangladesh from July 2011 Oct Both the opening and the Phase-1 were executed with financial assistance from the Swiss Agency for Development Cooperation (SDC). The phase-2, which is to be of five year duration, is expected to begin in March Currently, the ILO is has been providing bridge support to the MEWOE, BMET and other institutions to meet their technical assistance needs for continuity of essential and time-sensitive actions. The purpose of this assignment is to lead a strategic action planning process to produce a document that based on the policy directives: 1. sets priorities, 2. identifies resource requirements (available and to be mobilised), 3. identifies gaps and suggests measures to strengthen operations, 4. provides a results matrix that tells the employees of the government working in the Ministry of Expatriates Welfare and Overseas Employment and its subordinate bodies what they are to do and how they can work with the stakeholders toward common goals, 5. establishes agreement around intended outputs, activities and timeframes for implementation, 6. assesses and adjusts the Ministry of Expatriates Welfare and Overseas Employment and its subordinate bodies direction in response to the new policy, and 7. identifies baselines, sets indicators and means of verification by which progress can be monitored and results report produced to be submitted to the National Steering Committee and the National Labour Migration Forum 1. The strategic action planning process is required to be disciplined effort that produces fundamental decisions and actions that will shape and guide what Ministry of Expatriates Welfare and Overseas and its subordinate bodies will do, who these institutions would serve, how they would serve, how it will mobilise resources, with who they will coordinate and collaborate and what they will deliver, with a focus on the future. To be effective, the strategic action planning process should produce a strategic action plan which is easy to understand by all stakeholders, especially the government employees responsible for the implementation and would be required to have high orientation to result delivery. 1 The National Steering Committee led by the Prime Minister and the National Labour Migration Forum led by the Minister of Expatriates Welfare and Overseas Employment are proposed to be set up under the forum as coordination, cooperation and accountability mechanisms. 3

4 This assignment is being implemented during the bridge period to ensure that the strategic action plan is in place when the phase-2 project implementation begins. BACKGROUND: The phase-1 project had specific thrust on assisting the government in the application of labour standards to the migrant workers through a range of actions including governance reform, pilots and collaboration. The programme also works with the other two constituents workers organizations and employers and several other stakeholders. With the trade unions, the phase-1 supported them examine the nature and avenues for social dialogue and workers organizing in Bangladesh and at the South Asia level. Alongside, the phase-1 engaged with the association of the recruitment agents in Bangladesh through law and policy negotiation processes and independently about their role in ensuring job-seekers and workers rights, self-regulation and industry stewardship, and building constructive relationship with the government. The phase-1 also worked with the employers to explore stakes that employers may have in labour migration from South Asia, both in terms of positive and negative factors and role they could play in professional reintegration of the returning workers. The phase-2 follows the lead of the phase-1 by working with all stakeholders in labour migration management, including private sector recruitment agents and employers, who may not have an initial understanding of, or commitment to concepts of worker s rights and the value of social protection. The phase-2 project seeks to ensure broad understanding of issues in migration and to provide a platform for stakeholders of diverse views to come together to reach workable solutions that are mutually beneficial. By providing technical assistance for addressing the overall legislative and policy context more comprehensively, the project would ensure that there is full understanding and shared ownership of the approach, rather than it being seen as imposed. The project would ensure that it promotes labour rights and human rights of the workers, and reaches out to the areas where the workers are more likely to be affected by weaker basic services. It will support strengthening of institutional, administrative, regulatory and attitudinal practices that would promote participation and redress complaints, and encourage workers to claim their rights. Across the phases, there is significant emphasis on improving social protection indicators across the normative work as well as to identify in practical ways, which actions the government may take that would have positive results for workers. This assignment is a step in this direction since it is to support planning of practical actions to be implemented by the government for the implementation of the newly adopted Expatriates Welfare and Overseas Employment Policy,

5 SPECIFIC RESPONSIBILITIES OF THE EXPERT: The assignment is required to produce outputs under the oversight of the Ministry of Expatriates Welfare and Overseas Employment and will need expertise in: 1. analysis or assessment for building an understanding of the current internal and external environments, 2. baseline development for each policy directive, 3. strategic planning framework formulation for all stakeholders to review and provide feedback on, 4. stakeholder input-seeking and consensus building, 5. monitoring and evaluation framework formulation, 6. strategy formulation for high level coordination and technical and financial resource mobilisation, 7. strategy formulation for execution to translate policy directives into operational planning and action items, 8. strategic working group engagement 2, 9. strategy workshop facilitation, and 10. Strategy development and action plan preparation. TIMEFRAME: The expert s services will be required over two months from the date of the signing of the Contract by the ILO and the expert and it is estimated that the overall work concerning all outputs would take around 15 full working days. The expert, however, is free to spread the time and pace keeping in mind their convenience and the planning process, including, the dates of the workshops and meetings of the working groups. RESPONSIBILITIES OF THE ILO: ILO is responsible for technical and procedural consideration of steps involved, development and finalization of the ToR, hiring the services of the expert, and coordinating with the Ministry of Expatriates Welfare and Overseas Employment for administrative and operational arrangements for developing the strategic action plan. These are detailed out in the work plan below. 2 An inter-ministerial working group to be set up by the Ministry of Expatriates Welfare and Overseas Employment 5

6 SCHECDULE / WORKPLAN: The following matrix sets out the specific steps and tasks recommended for the development of the strategic action plan: Task Time Responsibility Mobilization of the planning process: Administrative mobilization: Availability of the Gazetted policy Opening of the file Getting started with the strategic planning process: Consideration of steps involved ToR Hiring of expert Administrative and operational arrangements for developing the strategic action plan Forming a tripartite-cum-interministerial working group to: o provide baseline information, o consider actions required for implementation o estimate technical and financial resources required for implementation 3 o set responsibilities for implementation, monitoring and evaluation Development and defining of the baseline: Development of baseline situation and likely future requirements vis a vis each policy directive: 3 days Ministry of Expatriates Welfare and Overseas Employment 5 days ILO 5 day Ministry of Expatriates Welfare and Overseas Employment and ILO 3 days Expert 3 The resource planning will take into account: Since this strategic action plan is being developed by the government for the implementation of its policy, the per annum funding requirement covering the timeframe of the 7th five-year plan, in cash terms, will be clearly stated. This estimation would include, the resources available from revenue budget, anticipated resources from the revenue budget, resources to be mobilization through international, multilateral and bilateral cooperation, etc. The resource mobilization strategy would put emphasis on how expenditure could be smarter and more strategic in how goods and services are procured. Funding requirement would also take into account funds required for research, IT, and other organizational and personnel costs which are needed to bring required specific knowledge, skills, etc. The strategy would also encourage the Ministry of Expatriates Welfare and Overseas Employment to work closely with the universities and research institutions to create more opportunities for labour market analysis as well as to sustain it. Further, the costs of setting up pilot schemes will also be budgeted and collaboration with the local private sector may be explored. 6

7 Review of policy and other literature as may be required to establish links with the population, national employment and social protection policies Identification of the current baseline against each policy directive Guidance on future data collection where baseline data doesn t exist Measurement of what needs to be achieved for the realization of policy directive Review of operational requirements to make progress on each policy directive Review of future technical capacity requirement to make progress on each policy directive Explanation of gaps and constraints Development of the strategic action plan framework to begin consultations and dialogue: Determine the strategic action plan framework based in the rights of the migrant workers and their family members as espoused in the ICRMW 4 for consideration covering at least the following: 2 days Expert Stating the strategic vision Reviewing and adjusting the action plan template (See Annex 1 to this ToR) Scheduling with dates tasks and working group meetings and the workshop Identifying what may require supplementary planning and strategy development Defining service levels that the government will be responsible for each policy directive Setting objectives and targets Workshop and working group meetings for planning: Stakeholder input-seeking and consensus building 2 days on the framework Presentation of different analyses Focus group discussions (2/two) with women and men migrant workers for their feedback Revision of framework Detailing of analyses, baseline and actions as required Rethinking resources (financial and technical) Validation of the framework 4 The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990 or the ICRMW is a United Nations multilateral treaty ratified by the Government of Bangladesh on 24 Aug

8 Evaluating options for implementation: Based on the planning inputs from the workshop and working group Identifying and finalizing options available for implementation and evaluating the required: Institutional framework (Roles and responsibilities of all government organizations involved in implementation and the roles and responsibilities of the Secretariat, which is to be set up to support the National Steering Committee and the National Labour Migration Forum, in monitoring and reporting progress to both mechanisms) Implementation modality for each activity (directly by the government, outsourcing, coordination with trade unions, employers organizations, NGOs, recruitment agents, etc) Development of the strategy: The development of strategy for implementation, which would clearly inform a stakeholders how to proceed with detailed work The strategy should guide: How national ownership will be built and maintained How stakeholder consensus-building will be carried out How resources will be mobilized How the Secretariat will be set up and maintained 1 day Expert in consultation with the responsible Wing in the Ministry of Expatriates Welfare and Overseas Employment 2 days Expert in consultation with the responsible Wing in the Ministry of Expatriates Welfare and Overseas Employment Finalizing the action plan: The action plan (Updated version of the Annex 1 enclosed with this ToR) will provide detailed evaluation and selection of activities and options to be pursued. It will include: 2 days Expert Activities per policy directive Financial resources and sources of funding Beneficiary and stakeholder awareness and participation measures Responsibilities Measures for monitoring and evaluating progress Work schedule or planned timetable for accomplishing implementation Validation of the strategic action plan: Final review by the working group 1 day Expert 8

9 Multi-stakeholder workshop 1 day Expert Final adjustment and submission 1 day Expert COMPLETION CRITERIA / OUTPUTS: The production of the following outputs to the satisfaction of the ILO and submission in electronic form (using MS Office software) of these would imply completion of the assignment: 1. Baseline status report covering each policy directive, including: 1.1. Current qualitative or qualitative status/data 1.2. Gaps in data (clearly indicating how each gap is to be filled) 1.3. Target 1.4. Technical capacity needs (taking into account gender and diversity related capacity too), and 1.5. Gaps and constraints analysis 2. Completed Strategic Action Plan, including: 2.1. Institutional mechanism, 2.2. Implementation modalities, 2.3. Technical resources mobilization, 2.4. Financial resource mobilization, 2.5. Beneficiary and stakeholder participation and national ownership, and 2.6. Detailed action plan in the updated template (for suggested template, see Annex 1) SPECIAL TERMS AND CONDITIONS: The Assignment will involve: 1. Developing a strategic action plan as described above; 2. Guiding and coordinating inputs from the Ministry of Expatriates Welfare and Overseas Employment, the Bureau of Manpower Employment and Training, the Wage Earners Welfare Board, other institutions of the Ministry of Expatriates Welfare and Overseas Employment, ministries and other bodies given responsibility for implementation in the policy for developing a comprehensive strategic action plan; 3. Prohibiting any public authority of Bangladesh or any other stakeholder public or private from entering into a conflict of interest situation in this assignment or any consequent actions that may follow this assignment; 4. All documents (including diagrams, estimates, plans, records) and other proprietary items including data jointly referred to as Proprietary Items developed by the expert in connection with this assignment or furnished to the expert by or on behalf of the ILO, institutions of the Ministry of Expatriates Welfare and Overseas Employment or the ministry itself to support the performance of the expert s obligations under the 9

10 Contract, are the property of the Ministry of Expatriates Welfare and Overseas Employment; and will be used by the expert solely for the purposes of the assignment; 5. All intellectual property rights and all other proprietary rights (including copyrights, patents, trademarks, source codes, products, processes, inventions, ideas, know-how) with regard to any materials (jointly referred to as Intellectual Property), developed by the expert in connection with this assignment or furnished to the expert by or on behalf of the ILO to support the performance of the expert obligations under the Contract, are the exclusive property of the International Labour Organization and Ministry of Expatriates Welfare and Overseas Employment; and, will be used by the expert solely for the purposes of the assignment; 6. During the course of development of analysis and the report, Proprietary Items and Intellectual Property developed or utilized by or furnished to the expert/organization will be made available for use and inspection by the ILO and the Ministry of Expatriates Welfare and Overseas Employment, upon request at reasonable times and in reasonable places; 7. Such Proprietary Items and Intellectual Property will be delivered to the ILO and the authorized officials of the Ministry of Expatriates Welfare and Overseas Employment on completion of the Contract. 8. The expert will disclose, throughout its performance, to the ILO s authorized personnel full particulars of all source information, processes, ideas, know-how, documents and any other materials developed or conceived by the expert in connection with the Contract. MISCELLANEOUS: None. APPENDICES: Annex 1 for the suggested action plan template. 10

11 SUGGESTED FORMAT FOR Action Plan for the Implementation of the Expatriates Welfare and Overseas Employment Policy, 2016 Year The action plan is in two parts: 1 Main Targets that measure the government s success in meeting the policy directives 2 Actions and Initiatives planned to help the government implement the policy directives in terms of concrete actions The first part should be updated, if required, when all baseline data is available. 1 Targets (Given policy directive-wise): Reporting should be based on progress tracking against this part. Policy directive Baseline Target Target Date Six-monthly / Yearly Milestone Means of Verification Important Assumptions State the policy directive State it as it is State the quantitative or qualitative data Mention data and where data is not available, specify the future action ensuring that the specified action is State the agreed targets It is important that each policy directive has a Specific, Measurable, Achievable and Realistic target. Completing this section is a useful way of checking that you have set measurable State the start date and the target date for completion It is important that each policy directive is met in a Timebound manner. State which actions will be show progress in right direction It is important that each milestone action is captured in the second part of this action plan so it is integrated and budgeted. What will show that the progress is on track These are documents, activities, sites where stakeholders could obtain the data necessary to prove the policy directive indicator has been reached. These could include annual reviews, monitoring reports, evaluation reports, reports from collaborating ministries and government institutions, and others. Again, it is important State elements / factors / environment in which results policy directive can be met The government must continuously monitor and influence, as far as possible, any external factors which may adversely affect the attainment of the policy directive. But external factors which could affect the success must Annex 1: Action Plan Template Page 1 of 4

12 included in the in the second part of this action plan and budgeted. targets for each directive. that means of verification come from the action plan and therefore these should be captured in the second part of this action plan and budgeted. be discussed and assumption about the elements / factors / environment / resources, etc mentioned. Annex 1: Action Plan Template Page 2 of 4

13 2 Activities and Initiatives (It is a good idea to create an action plan table for each of the policy directives, stating the target against the directive. POLICY DIRECTIVE : Mention the policy directive TARGET : Mention the relevant target set in the first part Proposed Activity (Key activities that need to be carried out to reach the target.) Budget Available To be mobilized Other ministries and government bodies input or action Beneficiaries / stakeholders to be involved Responsible Organization / department / division / wing / cell for implementation Start and End Dates Frequency of data collection Responsibilities for: data collection / analysis reporting performance assessment Include here all required activities for reaching the target as well as to: complete any baseline gap, complete any milestone action, complete any specific verification measure related action, build capacity, mobilise resources, involve beneficiaries and How much of the required fund is available? How much of the required fund needs to be mobilized? If the action is to fully implemented by the the Ministry of Expatriates Welfare and Overseas Employment and its subordinate bodies, how will it secure cooperation and ensure coordination with other ministries and government bodies who have been Will the action need collaboration or partnership with trade unions, NGOs, networks, employers organizations, recruitment agents or their industry association? How will be done? How will beneficiaries views in planning or their feedback While the main responsibility for implementation lies with the Ministry of Expatriates Welfare and Overseas Employment and its subordinate bodies, if an action can only be taken by another ministry or government body, that too should be clearly mentioned here with relevant details, specified above When will the activity implementation begin and end? Data collection should be timebound with respect to time required for analysis, writing of the report and deadlines for reporting Which wing and who in the Ministry of Expatriates Welfare and Overseas Employment and its related bodies will be responsible for: Data collection and analysis: Internal performance assessment and corrective action: Reporting: Sharing with the Secretariat: Annex 1: Action Plan Template Page 3 of 4

14 stakeholders, and ensure actions concerning gender equality, women s employment, and other important considerations are acted upon. given a role in the implementation of the policy? on implementation and quality be obtained? If this would require an action like a survey, ensure that it is included in the first column and budgeted in the second column. Annex 1: Action Plan Template Page 4 of 4