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Consultants - Building the capacity of law enforcers on forced labour and trafficking

 

Consultancy 

Vacancy no.: EXCOLL/KUALA LUMPUR/2019/06
Publication date: 13 August 2019
Application deadline (midnight Bangkok time): 31 August 2019

 

Job ID: 1620 
Department: RO-Asia and the Pacific 
Organization Unit: RO-Asia and the Pacific 
Location: Kuala Lumpur   (presence may or may not be required at the duty station)


 

The ILO is issuing a call for expressions of interest for experts who wish to be included in a consultancy database currently being compiled by RO-Asia and the Pacific.

 

Interested consultants are invited to submit their application on-line in order to establish their profile in the database from which they may be considered for consultancy opportunities that may arise. Inclusion in the database does not guarantee a contract with the ILO.  You will be contacted directly by the concerned departments/office in that regard if preselected.

 

Candidates also applying for fixed-term employment positions with the ILO are encouraged to respond to this call for expression of interest if they so wish.

 

The ILO values diversity. We welcome applications from qualified women and men, including those with disabilities. 

Background

Malaysia is a signatory to various international human rights instruments, including the ILO fundamental Convention on Forced Labour (C29) which the country ratified in 1957. The Forced Labour Protocol (P29) that supplements ILO C29 is yet to be ratified by the country. P29 tackles issues that are relevant to Malaysia and emphasizes prevention and suppression of trafficking and forced labour, protection of victims, and improving their access to legal remedies.

The ILO Committee of Experts on the Application of Conventions and Recommendations, in its Observation published during the 106th ILC session (2017) urged the Government to respond to cases of abuse of migrant workers and to ensure that victims of such abuse are able to exercise their rights in order to halt violations and obtain redress. It also requested the Government to take concrete action to identify victims of forced labour among migrant workers and to ensure that these victims are not treated as offenders… and to take immediate and effective measures to ensure that perpetrators are prosecuted and that sufficiently effective and dissuasive sanctions are imposed.

Part of ILO’s support to Malaysia’s efforts on addressing forced labour issue is to strengthen its capacity to identify, protect and provide legal remedies and services to victims of forced labour and trafficking. This is carried out under the project “From Protocol to Practice: A Bridge to Global Action on Forced Labour” (Bridge).

optional section (only if needed)

In recent years, the Malaysian government has shown increasing interest in carrying out initiatives leading towards greater compliance with its international obligations on trafficking and forced labour, most visibly through its efforts against trafficking in persons.[1]

To show its commitment to strengthening capacity of law enforcement on forced labour, indicator 1.2.5 of the Decent Work Country Programme signed by the Malaysian Government, ILO, Malaysian Employers Federation and Malaysian Trade Union Congress on 19 June 2019 is “number of capacity building programmes institutionalized for Malaysian Anti-Trafficking in Persons and Smuggling of Migrants Council (MAPO), its Special Committee on Labour Exploitation, Special Enforcement Task Force and prosecutors.” The government of Malaysia and the ILO have in the past developed a capacity building programme on forced labour for judges, prosecutors and legal aid practitioners institutionalized through the Judicial and Legal Training Institute of Malaysia (ILKAP). Such experience provides a basis for future capacity building of other target groups such as law enforcers.

Forced labour cases that fall within the ambit of trafficking are prosecuted under the Anti-Trafficking in Persons and Smuggling of Migrant Act (ATIPSOM) overseen by the MAPO chaired by the Ministry of Home Affairs. Under MAPO, there are different committees with specific mandates, such as the Enforcement Committee composed of the Malaysian Royal Police, Department of Labour, Immigration Department, and the Malaysian Maritime Enforcement Agency. ”

The following outputs of the Bridge project informs the capacity building support to the MAPO Enforcement Committee:

  • Situation and gap analysis on Malaysian legislation, policies and programmes and ILO Forced Labour Convention and Protocol, 2018
  • ILKAP-ILO Facilitators’ Manual: Forced labour training for judges, prosecutors and legal aid practitioners
  • Ongoing assessment of the existing reporting and referral system on forced labour and related cases
  • Tools for collecting information, and identifying victims of forced labour cases (part of the deliverable under the activity on the improvement of existing reporting and referral system)
 

[1] Situation and gap analysis on Malaysian legislation, policies and programmes and ILO Forced Labour Convention and Protocol, ILO, 2018

Objectives of the assignment

This consultancy aims to develop the technical capacity of enforcement agencies on identifying, protecting and providing legal remedies and services to victims of forced labour and labour trafficking.

Specifically, it will:

  • Develop a Facilitators’ Manual: Forced Labour and Labour Trafficking Training for Enforcement Agencies for MAPO-identified trainers from the Malaysian Royal Police (MRP) and Immigration Department (ID), and the Malaysian Maritime Enforcement Agency (MMEA) (note that a separate programme for labour inspection for the Department of Labour will be developed because of their specific mandate and tools needed)
  • Conduct training of trainers using the Facilitators’ Manual: Forced Labour and Labour Trafficking Training for Enforcement Agencies
  • Co-facilitate with the trainers the initial multiplier training for each specific agency from MRP, ID and MRP
Scope of work
Expected outputs Tasks Tentative timeline

International

Consultant

Working days

National

Consultant

Working days

Desk review and inteview notes

Prepare list of materials needed for desk review and stakeholders for interview

Aug 2019 1 1
 

Collect relevant materials, including other training modules/manuals used in past trainings enforcement agencies (i.e. UNODC, IOM, government) and conduct desk review

Aug-Sept 2019 10 5
 

Interview relevant stakeholders to consult the key learning gaps and areas to be addressed in the training

Sept 2019 5 10
Draft facilitators' manual

Draft the Facilitators' Manual: Forced Labour and Labour Trafficking Training for Enforcement Agencies incorporating inputs from the desk review and interviews

Oct 2019 15 8
Validation Workshop

Validate the draft Facilitators' Manual through a Workshop with potential trainers and trainees

Nov 2019 3 (including travel) 2
Revised facilitators' manual

Revise the manual incorporating the inputs of stakeholders from the Workshop and submit to ILO (ILO will then share with MOHR and MAPO for their comments)

Dec 2019 4 2
 

2nd revision: Revise and finalize the training modules incorporating comments from ILO, MOHR and MAPO

Jan 2020 2 1
Training of trainers/facilitators Conduct the Training of Trainers (ToT) using the manual Feb 2020 4 3
 

Submit ToT report and recommendations for MAPO on considrations in the updating and use of the module (i.e. changes in laws)

Feb 2020 1  
Multiplier training support

Mentoring support for the initial multiplier training to be conducted by selected trainers

Mar-May 2020 5  
TOTAL     50 32

 

Note that ILO will also cover the cost for the Validation Workshop, Training of Trainers and the initial multiplier training.

Qualifications

 

International Consultant

  • Has at least 8 years of experience in law enforcement; being a former law enforcer an advantage
  • Has developed enforcement-related training manuals in the past
  • Has conducted trainings on trafficking, or forced labour in the past
  • Preferably, has worked on labour issues within Asia-Pacific

 

National Consultant

  • Has at least 5 years of experience in law enforcement; being a former law enforcer an advantage
  • Has conducted trainings on trafficking, or forced labour in the past
  • Has worked or collaborated with MOHA, MAPO, MRP or ID in the past
Additional Information

Applicants can only attach 1 document to their application. This should include a cover letter specifying daily rate in USD, links to his/her past outputs and also confirming available duration for the consultancy.   For clarifications, kindly email Jodelen Mitra, ILO Technical Officer through mitra@ilo.org


 

Recruitment process

 

Please note that all candidates must complete an on-line application form. To apply, please visit the ILO Jobs website at https://jobs.ilo.org. The system provides instructions for online application procedures.

 

Fraud warning

 

The ILO does not charge any fee at any stage of the recruitment process whether at the application, interview, processing or training stage. Messages originating from a non ILO e-mail account - @ilo.org - should be disregarded. In addition, the ILO does not require or need to know any information relating to the bank account details of applicants.