Study on Statelessness and Risks of Statelessness in the Kingdom of Eswatini Consultancy
Operational context
• UNHCR estimates that there are 10 million stateless persons in the world. There is no data available for Southern Africa, nor for Eswatini.
• Statelessness refers to the condition of an individual who is not considered as a national by any State under the operation of its law. Statelessness has a dramatic impact on the enjoyment of Human Rights, civic participation and the development of concerned societies/states. It also raises serious development and security concerns.
• Eswatini adopted a National Action Plan on the Eradication of Statelessness in November 2019 and submitted a pledge in October 2019 at the High Level Segment on Statelessness of the UNHCR Executive Committee, committing to collecting data on statelessness.
• Eswatini is party to both UN Conventions on Statelessness.
• Eswatini has appointed an official Government Focal Point for Statelessness.
Title: Consultancy 1
Duty Station: Eswatini
Duration: 1 October 2020- 30 December 2020
Contract Type: Consultancy 2
Closing date: 10 September 2020
deficiencies leading/potentially leading to Statelessness/risk of Statelessness;
1 The study should be a conducted by a group of individuals (the study cannot be implemented by one individual only) or a firm (e.g. a think tank, an academia, and an NGO). Individuals and/or firms are invited to apply. Applications have to include methodology and budget. The methodology will inform capacity and resource requirements e.g. how many interviewers will be deployed to the field, while the proposed budget will inform the cost of the methodology’s implementation, including logistics and salary.
2 Ibid.
• Analyse the i) Laws and regulations related to Nationality, as well as their effective implementation, and ii) practise related, inter alia, to civil registration, issuance of identity documents (birth certificate, nationality certificate, ID card, passport, voter’s card, permit of stay, etc.), so as to highlight the gaps in the legal and administrative procedures leading or possibly leading to Statelessness;
• Identify the stateless populations/groups of populations as well as populations/groups of populations at risk of statelessness, and collect information in relation to their socio-demographic profile, characteristics, situations, and location, etc.
• Analyse the situations of stateless persons, and those at risk of statelessness, and identify the cause of statelessness/ risks of statelessness as well as register the impact of statelessness in the enjoyment of fundamental rights and in accessing basic services, as well as any other obstacle encountered by stateless populations/populations at risk of statelessness;
• Measure the effectiveness of the intervention of the different stakeholders; • Map the actors, areas/scope of intervention, and the review of the effectiveness of their interventions;
• Analyse the difficulties encountered by migrants in Eswatini, and Eswatini migrants living abroad with regards to the confirmation of their identity and nationality;
• Analyse the link between migration and statelessness ( Migration in Eswatini and Migration of Swati Nationals);
• Analyse the mechanisms for the identification and the situation of stateless persons (in situ and migrants);
• Analyse the situation of former refugees with regard to access to documents and confirmation of nationality;
• Analyse existing measures participating in the reduction of statelessness, through naturalisation procedures and other measures in place, to address prolonged statelessness situations;
• Collect information on the self-perceptions of stateless persons and persons at risk of statelessness on their situation. Also, collect information on the perceptions of the general population and the authorities about stateless persons and persons at risk of statelessness;
• Identify existing good practises and analyse obstacles and challenges towards possible solutions in the national context;
• Draft recommendations aiming at improving the legal and administrative framework, as well as practise, in order to reduce and prevent statelessness, and protect stateless persons;
- Preliminary phases and good faith
If the circumstances require so, and in consultation with UNHCR, the Consultant(s) will guarantee his/her availability and good faith in accomplishing the necessary tasks and formalities towards the full achievement of the study. - Methodology
The consultant will develop a methodology of the Study which will be validated by UNHCR, and which should include i) desk review, ii) field work, iii) drafting and validation of the Study, and iv) ethical standards.
Qualitative data collection through field work:
Qualitative data collection will use a combination of qualitative methods, including amongst other:
• Key information interviews, i.e. those who can provide an accurate and important perspective of the setting and context, example: traditional leaders, orphanage, and NGOs, etc.
• Focus groups discussions, preferably formed on the basis of common characteristics (ex, age, gender, etc.). Sampling methods should be developed to ensure that groups/persons interviewed are identified in a way to ensure that they are as representative as possible of the large groups of concern
• Semi-structured interviews with individuals. Such interviews should enable the researcher to better capture an individual’s full story, gather quotes and where consent is given also take photos. The researcher will include in the main report a summary, boxes surrounded by black borders; and highlighting the most illustrative testimonies/stories.
The Consultant (s) will provide a methodology that will also consider the following:
• A detailed work plan, a timeframe for the activities and a budget thereof;
• Initiatives to ensure the engagement of key actors for the achievement of the study;
• Method for the recruitment of local consultants and interviewers (as well as their CVs);
• Method to identify the areas for the field study (in consultation with UNHCR): such areas should include areas hosting populations potentially at risk of statelessness, including area of residence of migrants and protracted refugee populations; minority groups; nomadic populations; foundling children and abandoned children; border areas and/or disputed areas; international entry points;
• The tools for the collection of data (questionnaires, etc.) reflecting the objectives of the study which can be adapted to the context, including an explication guide for the use of the above instruments;
• Field manual;
• Sampling method for the identified population and number of persons to be interviewed;
• Method for the data analysis;
• List of key actors to interview, including the relevant Ministries (Justice, Health, Education, etc.), Tribunals and Justice Courts, International Organisations – including FNUAP, UNICEF, UNDP, IOM, UN Women and UNFPA – international and national NGOs for the defence of human rights, Universities, orphanages, etc.
Ethical standards:
The Consultant(s) should provide a method for the treatment of the data collected, respecting the principles of anonymity, informed consent and protection. The Consultant (s) should also sign and adhere to the UNHCR Code of Conduct.
- Draft and validation of the study
The final report should be validated by UNHCR and, subsequently, by the key actors in the framework of an atelier.
The final report should be written in English, not exceeding 50 single spaced pages, excluding annexes, using a template provided by UNHCR, “Statelessness: An Analytical Framework for Prevention, Reduction and Protection”. - Reference documents
In the framework of the study, the Consultant(s) should take into account, inter alia, the documents « Guidance document on measuring stateless populations » UN High Commissioner for Refugees (UNHCR), Guidance document on measuring stateless populations, May 2011, available at: http://www.refworld.org/docid/4f6887672.html; UNHCR Guidelines “Statelessness: An Analytical Framework for Prevention, reduction and Protection”. - Expected products
• A preliminary report including the work plan, a detailed methodology, the tools for data collecting for the development of the mission, and the results for the documentary review;
• The draft report of the study;
• The report of the validation workshop.
• The report, finalised in consultation of UNHCR, and its annexes;
All the following products should be available to UNHCR. - Progress report
UNHCR and the Consultant(s) will agree upon reporting methods and timing in order to ensure that UNHCR is regularly informed on the development of the Study; - Definition of the final products
• The final report of the Study is drafted and validated by the Ministry of Home Affairs; and
• Validation workshop with key actors is organised and the Study is validated.
Essential minimum qualifications and professional experience required:
The ideal candidate will be required to have:
Education:
• Advanced university degree (Master or Equivalent) in law, international human rights law, and/or sociology;
Work Experience
• At least 5-year research experience in the area of human rights law, nationality/citizenship, and statelessness;
• At least 2-year experience conducting quantitative or qualitative studies; Advanced Knowledge of Nationality, birth registration and statelessness
• Excellent knowledge of MS Office Suite (in particular Excel) and other business tools.
Languages:
• Fluency in English. Knowledge of one or more local languages is an asset.
Key Competencies:
• Demonstrated project management skills in a relevant area of work.
• Excellent knowledge of English and working knowledge of another UN language will be an advantage.
• Excellent interpersonal and communication skills for a multi-cultural environment, including demonstrated competency in writing documents.
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