Introduction:

Vanuatu acceded to the UNCTOC in 2006 but not the corresponding Trafficking in Persons (TIP) or Smuggling protocols. While there is existing legislation in Vanuatu to criminalize TIP such as the 2006 Counter Terrorism and Transnational Organized Crime Act, there are significant gaps in the laws, policies, and operational procedures. Vanuatu’s prominent trafficking case of 2018 involving 101 Bangladeshi victims of trafficking and smuggling who arrived in Vanuatu by plane in small groups of around four to six people at a time after transiting most often through India, Singapore, and Fiji, showed the need for a legislative and policy environment that would allow for a coordinated approach for the protection of victims, the prevention of trafficking and the prosecution of perpetrators. The 2030 Vanuatu People’s Plan clearly outlines the aims to protect women, youth, and the vulnerable populations.

While Vanuatu has made substantive progress in localizing international instruments, more effort is needed at national level towards meeting the minimum requirements around protecting the rights of migrants, aiding vulnerable migrants and countering trafficking in human beings in Vanuatu. For instance, the 2019 TIP by the U.S. Department of State noted that, “the Government of Vanuatu does not meet the minimum standards for the elimination of trafficking but is making significant efforts to do so”. Vanuatu is currently being ranked at Tier 2. Furthermore, the 2020 TIP report called for a review of the trafficking provisions under the Penal Code Act (Cap 135) to criminalize all forms of trafficking, including putting in place a comprehensive and a holistic process and procedures for victim identification, screening of vulnerable migrants and improving coordination between police and prosecutors working on trafficking cases.

To this extent, IOM is working in partnership with the Ministry of Internal Affairs to conduct a country need assessment on Vanuatu’s current legislations, policies and procedures on protecting the rights of migrants, providing assistance to vulnerable migrants and countering trafficking in human beings in Vanuatu.

Country-need Assessment on legislations and policies on trafficking in human beings.

 A country-need assessment is commonly used to identify gaps that needs to be addressed at national level in relation to legislations, policies, and processes. In line with the IOM Guidance on Response Planning and taking into consideration the principles of the Migration Governance Framework; IOM and the Ministry of Internal Affairs, and Assistance to Vulnerable Migrants project intends to conduct a country-assessment on Vanuatu’s structural factors on protecting the rights of migrants, providing assistance to migrants who are vulnerable to violence, exploitation and abuse including countering trafficking in human beings in Vanuatu

Structural factors refer to the broader political, economic, social, and environmental conditions and institutions at national, regional, or international levels that either increase or decrease an individual’s likelihood of experiencing violence, exploitation, or abuse before, during or after migrating[1]. This assessment will focus on two key aspects: reviewing the existing legislations; and review of policies and procedures in relation to protection of rights of migrants and countering trafficking in human beings in Vanuatu.

The country assessment will have 2 sections. The first section will focus on a review of existing key legislations to identify in terms of practicability, enforceability, legal gaps, and challenges including relevance in relation to common law countries. This section will also include an assessment of how well Vanuatu has translated the key international instruments on trafficking and protection of migrants into domestic law. The second section will focus on reviewing existing policies and procedures to identify the gaps in relation to identification and referral, assistance and protection, and prevention and cooperation in relation to responding to the needs of migrants who are vulnerable to violence, exploitation and abuse and trafficking.

The country assessment will use a qualitative method utilizing both primary and secondary methodologies. It is expected that the consultant will conduct an extensive desk review of the existing legislations and policies, as well as in-depth interviews with key stakeholders. The assessment will be informed by interviews with local and national governments, regional and international institutions, and development partners. The needs assessments will also be informed by field research including interviews and focus groups CSOs and communities, as well as private citizens. The findings of this research will be used to strengthen institutional capacity of governments through supporting policy development and amendments that protect aspiring and current migrants.it is expected that targeted recommendations will be developed for law enforcement actors, policy actors, and development partners. To ensure that the assessment addresses the is relevant to Vanuatu’s context, the project seeks to establish a National Steering Committee (NSC) to provide oversight on the research process.

Core Functions/ Responsibilities:

In coordination with IOM Vanuatu and the Ministry of Internal Affairs, and the international consultant, the national consultant is expected to:

  1. Provide local expertise and knowledge in developing and finalising a methodology using both quantitative and qualitative methods, and primary and secondary methodologies for the country needs assessment through consultations with the national steering committee. This includes drafting and finalising the research tools such as guidelines for key persons interview and focus group discussions.
  2. Assist with the desk review of existing legislations, policies, and procedures on the protection of rights of migrants and countering trafficking in human beings in Vanuatu by providing information such as key documents, legislations, policies, and procedures.
  3. Coordinate and facilitate the country-assessment using the methodologies and the tools that has been endorsed by the national steering committee.
  4. Work with the international consultant to coordinate and organise key persons interviews, meetings, and consultations on the country assessment.
  5. Assist the international consultant in presenting key findings to the national steering committee.

Tangible, Measurable Outputs to be achieved:

  • 1 inception report to be submitted outlining the methods and methodologies for the country-assessment including the tools for the study
  • 1 desktop review of key legislations, policies and procedures submitted
  • Final assessment report submitted.

Deliverables and timelines:

Activities Number of Days Timelines Key Deliverables
Provide local expertise and knowledge in developing and finalising a methodology using both quantitative and qualitative methods, and primary and secondary methodologies for the country needs assessment through consultations with the national steering committee. This includes drafting and finalising the research tools such as guidelines for key persons interview and focus group discussions. 5 October 2021 1 inception report to be submitted outlining the methods and methodologies for the country-assessment
Assist with the desk review of existing legislations, policies, and procedures on the protection of rights of migrants and countering trafficking in human beings in Vanuatu by providing information such as key documents, legislations, policies and procedures 5 October 2021 1 desk review key legislations, policies and procedures submitted

Coordinate and facilitate the country-assessment using the methodologies and the tools that has been endorsed by the national steering committee.

Work with the international consultant to coordinate and organise key persons interviews, meetings, and consultations on the country assessment

 15 November – December 2021 1 desk review key legislations, policies and procedures submitted
Assist the international consultant in presenting key findings to the national steering committee. 5 November – December 2021 1 Final assessment report submitted.

 Education, experience, and competencies:

  1. Degree or master’s degree, preferably in Law, Anthropology, Development Studies, Diaspora Studies, Geography, Social Sciences, Statistics and/or Migration, Labour Mobility, Strategic Studies; National Security;
  2. Demonstrated experience in research and conducting Focus Group Discussions.
  3. Minimum 2 years of experience working with research, data and statistics, policy development or analysis, preferably in the field of migration and development in developing countries;
  4. Experience working with specialized international agencies (UN Agencies, International Organizations, and International specialized NGOs);
  5. Experience working in the Pacific region is preferable;
  6. Experience in facilitating working groups and discussions, actively engaging members.

Languages

Fluency in English language is required.

Note

* This position has possibilities of travel within states.

How to apply 

Interested candidates are invited to email a brief expression of interest, attaching their CV to kdevi@iom.int  and copy to vniumataiwal@iom.int  and jjack@iom.int  by COB 8 October 2021.

[1] https://www.iom.int/sites/default/files/our_work/DMM/MPA/27-structuralfactors.pdf

Duty Station: Home-based

Grade: Consultant

Closing Date: Friday, 8 October 2021

Document: Terms of reference