Call for Proposals – Study – Assessment of Libyan Labour (Employment) Law 48 views0 applications

Call for Proposals

Assessment of Libyan Labour (Employment) Law

1. Objective of the study

The overall objective of this assessment is to assist the Government of Libya to ensure the regulation, management and effective facilitation of labour migration in Libya. The purpose of this assessment is to collect existing data on present and previous laws pertaining to labour and employment in Libya and analyze the existing labour laws, policies, legislation and practices related to migrant workers in Libya in order to identify existing gaps and align them to international standards and obligations. The study would also come up with recommendations to address institutional, policy and eventual legislative lacunaes, in conformity with prevailing international standards and best practices.

The specific objective of study is twofold: –

· Assist in developing corrective policy and practical measures for the effective redressal of challenges faced by migrants regarding labour law;

· To raise awareness among stakeholders on the convergence of the issue of labour migration and livelihood/employment by facilitating policy dialogues with the inter-ministerial officials for adoption of relevant remedial measures.

2. Background

Migrants are rapidly changing the face of the global landscape by acting as essential determinants of development. The recognition of the multidimensional reality of migration and its contribution to inclusive growth led to the incorporation of mobility into the 2030 Agenda for Sustainable Development, with the endorsement of target 10.7: “facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies”.

The contribution of migrants is especially relevant in the context of Libya where migrant workers have extensively contributed to the overall development of the economy by bringing in essential skills in crucial sectors. Despite the various security challenges since 2011, Libya still holds a labour market with major opportunities for migrants, especially for low skilled workers from the sub Saharan countries. High wages in comparison with neighbouring countries and high demand for both skilled and low skilled workers are major factors influencing migrants’ decision to come to Libya.

Under the employment (labour) law of Libya employment is considered a right for citizens but at the same time the law recognises employment of migrant workers prohibiting any discrimination based on the migrant status. This is in line with the SDG 8.8 “protect labour rights and promote safe and secure working environments of all workers, including migrant workers, particularly women migrants, and those in precarious employment”.

Though the existing law provides some protection to migrant workers it has been seen since 2011 that political and security uncertainty have impacted the enforcement of the law. This has raised a need for evaluating existing labour laws in the context to international laws and conventions to provide migrants enhanced opportunities and protection.

This legal assessment is aimed at providing an overall information on the issues pertaining to the livelihood and employment of migrant workers in Libya from the legal perspective. The assessment is expected to accurately locate the precise legal areas within present legal and institutional framework, relevant to labor migration employment and livelihood that require additional development. In addition to providing recommendations for the improvement of the legal framework, the assessment would focus on providing a better understanding of current legislation and procedures associated with migrant workers with regards to employment and livelihood opportunities and reflect on the challenges along with necessary steps for improvement.

3. Scope of Consultancy –

Under the overall supervision of the Chief of Mission and under the direct supervision of the Project Coordinator – RDPP/LHD, IOM Mission in Tripoli, the consultant will conduct this assessment.

As part of the engagement, the consultant shall perform the following activities –

i. Conduct an in-depth-assessment of labour laws with regards to livelihood and labour migration including analysis of cases filed at relevant agencies providing legal assistance services to migrants

ii. Analyze the current national regulations of Libya in relation to migrants employment and identifying potential gaps.

iii. Analyze the national legislation concerning the employment of migrant in Libya and evaluate the challenges in ensuring the implementation of various international conventions and standards that Libya has signed and ratified in the past

iv. Look into the existing legal provisions and examine the level to which migrants’ workers’ rights are protected and guaranteed under the existing laws in comparison to local workers.

v. Analyze the roles and responsibilities of existing institutional structures responsible for managing labour migration and livelihood/employment in Libya, including the scope and functioning of different ministries involved in migration management.

vi. Provide recommendations on how to improve the existing structures and coordination mechanisms in Libya in view of protecting the rights of migrants regarding livelihood and employment under labour law of Libya.

vii. Review the current recruitment practices and candidate profiling for migrant workers in Libya and provide recommendations on how to improve the current practices.

viii. Examine the types of support services and protection mechanisms which are currently in place for migrant workers including counselling related to legal issues.

ix. Make concrete recommendations based on the assessment report and list a set of corrective policy and practical measures for the effective redressal of challenges faced by migrants in employment and livelihood.

4. Methodology

The following is the proposed methodology; however, the applicants should submit a detailed methodology in the technical proposal:

I. Review of documents containing relevant information on labour migration in Libya. This includes the legal and policy documents, national legislation, bilateral labour agreements and MoUs, reports of current research studies and surveys, etc.);

II. Undertake key informant interviews with relevant agencies working in the area of legal assistance to migrant workers for necessary date/information and case studies;

III. Conduct interviews with key stakeholders from government, international organization and non-governmental organizations at different levels;

IV. Conduct interviews with NGOs/ CSOs working on livelihood/employment and legal aid, lawyers, members legal association, other relevant stakeholders at national level.

V. Focus group discussion with migrants workers and employers to under the administrative and legal challenges faced by them.

VI. Use of any other methods (case studies, poles, surveys…) deemed pertinent by the consultant to dispose of the necessary information to have a clear picture to supplement the study;

VII. Analysis of the collected data, including an evaluation of the political, legislative and institutional framework, identification of existing gaps and formulation of relevant recommendations.

5. Expected Outcomes

The consultant will be expected to submit the following documents:

An interim draft assessment report that should include a draft of all sections of the Report, including the recommendations. The Draft Assessment Report should be submitted in electronic format.

The Final Assessment Report should contain and give a clear description of labour laws in Libya which are relevant and impact livelihood opportunities of migrants in Libya including their implications. Further; clear and concrete recommendations should be providing towards enhancing, supplementing or formulating necessary legislations and policies to bring the existing policies in line with international best practices.

Along with the final report the consultant is expected to submit a list of all the documents that were consulted along with other relevant details such as details of key informant interviews, existing legislation in force relating to labour migration, available statistics on labour migration and any other material relevant to the assessment

The Final Assessment Report must be submitted in hard copy as well as in electronic version.

6. Qualifications, Competences and Experience

· Master’s degree, preferably doctorate, in international law or related field;

· A minimum of 7 years of work experience working on migration law -related issues;

· Good understanding of labour migration policies and existing good practices, within the North African context;

· Experience in liaising with governmental authorities, and national and international institutions;

· Practical experience in research methods;

· Ability to write clear and concise reports and consolidate information from a variety of sources;

· Strong organizational skills and drive for positive results;

· Capacity to work effectively and harmoniously with colleagues from varied cultures and professional backgrounds;

· Fluency in English and Arabic is essential.