Consultancy: Mapping and Analysis of law enforcement responses and legislation in relation to the smuggling of migrants in Malawi

 

Terms of Reference

Consultancy title:

Mapping and Analysis of law enforcement responses and legislation in relation to the smuggling of migrants in Malawi

Location: Homebased/fieldwork

Type of Contract: Consultancy

Timeframe of the assignment: to be completed within 2 months

1. Context and rationale

The so-called ‘Southern Route’ - connecting the East and Horn of Africa to South Africa, with Kenya, Malawi, Tanzania, Zambia and Zimbabwe as some of the key transit countries, is becoming an increasingly important smuggling route for migrants in Africa.  Migrant smuggling in Southern Africa is increasingly associated with organized crime and more violent and exploitative measures against migrants. The latest research estimates that between 14,750 - 16,850 migrants (RMMS, 2017) originating from the East/Horn of Africa are smuggled, mainly to South Africa - which also serves as a springboard to Europe, the US and Australia. Principal countries of origin include  the Horn of Africa especially including Ethiopia and Somalia.  Yet, the Southern migration route is the least understood and researched in the continent, with only a handful of studies undertaken over the last decade - the principal ones by IOM. The absence of research limits evidence-based policymaking and the effectiveness of operational responses to counter smuggling, which protects migrants, and provides appropriate law enforcement responses.

In March 2020, the bodies of 64 men were discovered asphyxiated in a sealed shipping container on the back of a truck at a checkpoint in Tete, Mozambique. The men, who originated from Ethiopia had been smuggled in a truck transiting through Malawi. In 2017, 11 Malawians died in an accident in Tsangano, just inside Mozambique’s border with Malawi. In 2016, a van transporting 57 children from Malawi was intercepted by  South African authorities in a case of migrant smuggling, and IOM supported the Malawian authorities to reunify the children with their families back in Malawi.

Despite these tragic incidents, there is a significant dearth of information in Malawi regarding the smuggling of migrants. According to the Malawian draft National Migration Policy, “there are several cases of migrants being smuggled from Malawi or through Malawi”. The IOM-supported Malawi Migration Profile (2014) does not refer to smuggling trends in Malawi, it does however recognize that there is a rising concern regarding the irregular flows of immigrants into the country. Moreover, there are no specific studies which specifically examine the phenomenon of migrant smuggling in Southern Africa, as a specific and distinct issue from that of trafficking in persons, and no research has been done from the perspective of a country along the Southern route.

Not only are smuggling flows through Malawi poorly understood, but it is also believed that movement on the southern route is increasing, in particular since the outbreak of the COVID-19 pandemic. This increases the need to understand dynamics across this route. Furthermore, current predictions suggest that irregular migration will spike in the post-COVID-19 landscape and understanding dynamics and being in a position to respond is crucial.

2. Purpose of the Assignment

This consultancy forms part of a project entitled “Combating Smuggling and Irregular Migration in Malawi”. Implemented in collaboration with the Government of Malawi, the project’s main objective is to contribute to the efforts of the Government of Malawi to combat smuggling of migrants and address irregular migration.

This consultancy will be undertaken under the second outcome of the project which is “Front-line management and other key stakeholders apply Palermo legal requirements on migrant smuggling as well as law enforcement measures to disrupt smugglers and their networks and to mitigate any harms suffered by migrants”. It will include building upon research into smuggling and irregular migration in Malawi, and with a focus on taking an analytical assessment of smuggling measures in Malawi available to key stakeholders including law enforcement agencies.

To date, no specific measures have been undertaken in Malawi to address the issue of migrant smuggling, the difference between smuggling and trafficking is not always commonly understood, measures to protect vulnerable smuggled migrants are not in place, nor is the need to address human smuggling as a separate and distinct concern to trafficking in persons. The outcomes of the research are also designed to feed into other components of the project including a preparatory phase to support the future development of smuggling legislation in Malawi, as envisioned in the draft National Migration Policy provision to “develop a regulatory framework to effectively deal  with human smuggling”. It is also designed to support another provision in the draft National Migration Policy in Malawi which is “to increase awareness at community level on trafficking and smuggling”.

The International Organization for Migration (IOM) is seeking the services of a Consultant with expertise in research, policy development, political science, and migration to conduct an analysis of migrant smuggling in Malawi.

3. Scope and objectives of the Research

The objective of the consultancy is to increase knowledge and understanding of the law and enforcement responses and legislation available in Malawi. 

It will complement and yet provide a distinct approach, to other research undertaken by IOM in Malawi, in particular, the research that was conducted to provide information and evidence on smuggling routes, hubs and modalities which should inform policy and operational responses to migrant smuggling and irregular migration in Malawi.

The research will follow a mixed method approach, combining qualitative and quantitative research methods. Findings will be drawn from key informants, including migrants, key law enforcement personnel such as police, border officials, judiciary, INTERPOL, e.t.c, traditional leaders, and other relevant government officials.  It will also entail an in-depth analysis of existing policies and law enforcement responses and legislation while considering ongoing and current government efforts to amend and adjust existing policies and laws.   

The IOM National Project Officer will however provide day to day guidance and support to the selected counsultant. However, there will be overall supervision of the IOM Chief of Mission for Malawi, with the thematic guidance from the IOM Regional Thematic Specialists for Protection, Immigration and Border Management, at RO Pretoria.

Overall, the research will include an analysis of the following elements:

• Existing law enforcement responses and legislation in combating and punishing migrant smuggling in Malawi, including the current state of aimed law amendments and the alignment to international laws and protocols Malawi is signatory to
• Policy and operational procedures currently in place to disrupt smugglers and their networks and mitigate any harm suffered by migrants
• Good practices in smuggling legislation
• Available key smuggling operational responses in Malawi

The expected result is a comprehensive research report including policy and operational recommendations. The selected consultant is expected to present the key findings of the research in a national-level event, where  policymakers and decision-makers of the Government of Malawi and other relevant stakeholders  provide feedback on the draft research report.

4. Responsibilities

The consultant is expected to perform the following tasks/activities:

• Inception report: Redaction of an inception report including a methodology as to how they will approach the assignment. This will include the breakdown of work, timelines and an overview of stakeholders to be engaged during the assignment.
• Desk Review: Review of existing literature, including from official documents, news publications, IOM and UN / other organizations’ reports and studies, and other relevant sources regarding the migration landscape and flows within the Malawi context. This desk review should: i) ascertain the types of existing information, data and available sources; and ii) possible key informants
• Consultations and Fieldwork: Conduct interviews and consultations with relevant national stakeholders and key informants to gather information for the study.
• Analysis and Recommendations: Provide technical analysis of law enforcement responses and legislation available in Malawi
• Validation of findings: Share and present a draft report to policymakers from the Government of Malawi for review and validation. Moreover, the Consultant will be expected to participate and present key findings of the study for discussion and finalization of the report.
• Final report: The Consultant will produce a final written report, which will be a synthesis of the desk review, mapping and analysis of the law enforcement responses and legislation, as well as policy recommendations; as well as a powerpoint presentation of the report findings to enable ongoing dissemination of the findings. The final report will also include a policy brief, which will act as a quick reference of the key findings and policy recommendations.

5. Deliverables

• Inception report
• Draft Report of the desk review fieldwork and analysis and recommendations
• Final, print-ready report , powerpoint presentation and policy brief

All documents are to be produced and delivered in English. Regular email updates and calls are expected to take place with the National Project Officer and the Chief of Mission in Malawi.

6. Timeframe for deliverables

This assignment is expected to start tentatively as of 21st  August 2022, but the actual timeline is subject to change based on the date of the agreement to be signed between IOM and the Consultant.

This assignment is planned to be conducted over a period of two (2) months and shall be completed no later than end October.

7. Consultant’s expected profile

QUALIFICATION AND EXPERIENCE: IOM is seeking applications from individual consultants and/or a consortium of individual consultants. The successful (lead) consultant should have a minimum of the following qualifications and experience:

• Advanced university degree in international relations, political science, international economics, demography, statistics, development studies, social or behavioural science, migration studies, or other relevant social sciences
• Minimum of 7 years of relevant professional experience in academia, research institutes, think tanks, governmental, inter-governmental, or non-governmental organizations.

• Working experience with senior officials within the government, inter-governmental, and nongovernmental organizations.
• Full computer literacy, including familiarity with quantitative and qualitative research tools as well as with analysis and interpretation of quantitative and quantitative data
• Proven capacity to coordinate all administrative and technical aspects of the consultancy.
• Demonstrated ability to work in a multicultural environment and establish harmonious and effective relationships

TECHNICAL COMPETENCIES: The incumbent is expected to demonstrate the following technical competencies: 

• Demonstrated experience in the field of migration, including an in-depth understanding of the protocol for the suppression and punishment of migrant smuggling.
• Experience working with government Ministries, departments, and agencies (MDAs), UN agencies, Civil Society Organizations (CSOs), Community Policing structures, as well as other key informants.
• Necessary professional skills to strive towards the common goal and find solutions to work with different stakeholders and different data sets.
• In-depth understanding of migration issues from the Horn and East of Africa to the Southern Africa region and specifically into and/or transit through Malawi
• Experience in conducting the primary and secondary research.
• Experience in drafting research reports policy documents, or policy analysis documents.
• Country-level experience of the project target country.

LANGUAGE: Excellent command of English is required.

8. How to Apply

Applications must be sent to  lilongwevacancy@iom.int on or before 14th August 2022.

Applications should contain:

• Letter of Motivation
• Curriculum Vitae of the team leader and relevant support staff
• Brief technical proposal – including proposed methodology
• Financial proposal
• Proof of previous related work (two reports of previous work done in a similar thematic area)