Terms of Reference For a Research Study On Unlocking African Mobility: Understanding African Union Member State Perspectives on The AU Free Movement Protocol

1. Background and context

In the backdrop of Africa's pursuit of unity and progress, the African Union (AU) Economic, Social and Cultural Council (ECOSOCC) stands as a vital conduit for cooperation between governments and diverse segments of African civil society. Established in accordance with the AU's Constitutive Act, ECOSOCC comprises a mosaic of social and professional groups, spanning non-governmental organizations, community-based organizations, professional associations, and trade unions. Its core mission revolves around amplifying the voices and concerns of African civil society while fostering dialogue between AU institutions and African citizens.

ECOSOCC's role as a pivotal platform for engagement and dialogue is deeply ingrained within the African Union framework. Its composition of various social and professional groups underscores its commitment to representing the diverse tapestry of voices across the continent. By ensuring that African citizens' perspectives are integral to AU decision-making processes, ECOSOCC bolsters inclusivity and transparency within the continental organization.

At the heart of Africa's journey towards integration and mobility lies the AU's landmark Protocol to the Treaty Establishing the African Economic Community Relating to the Free Movement of Persons, Rights of Residence and Rights of Establishments. The treaty, also known as the Free Movement Protocol (FMP) was adopted during the 30th Ordinary Session of the Assembly of Heads of States of the AU in January 2018. Rooted in Africa's historical struggles against colonial-era barriers, the FMP heralds a new era of intra-African mobility by facilitating the free movement of people across the continent. With a vision to promote regional integration, spur economic growth, and nurture social cohesion, the FMP aims to dismantle obstacles hindering intra-African mobility.

Despite the transformative potential of the FMP, its ratification among AU Member States has stagnated, with only four ratifications achieved since adoption. This stagnation underscores the urgency for comprehensive understanding of Member States' perspectives on the FMP. In response, ECOSOCC is embarking on the commissioning of a policy research paper to delve into Member States' attitudes, concerns, and potential barriers to ratification.

By undertaking in-depth research on Member States' perceptions, ECOSOCC seeks to illuminate the underlying reasons for the reluctance to ratify the FMP. This insight will serve as a cornerstone for devising tailored strategies to address specific concerns and misconceptions, thereby enhancing advocacy efforts and stakeholder engagement initiatives. Through this research, ECOSOCC aims to equip itself with the necessary data to navigate the complexities surrounding FMP ratification and pave the way for informed decision-making.

ECOSOCC's endeavour to commission a research paper on the FMP epitomizes its unwavering commitment to advancing Africa's integration agenda. By amplifying Member States' perspectives and fostering evidence-based policymaking, ECOSOCC endeavours to unlock the full potential of the FMP and propel Africa towards a future of unity, prosperity, and shared prosperity.

1.1. Main Objective

The main objective of this assignment is to produce a comprehensive policy research paper on the FMP, focusing on Member States' perspectives, concerns, and potential barriers to its ratification and implementation. The research paper will serve as an informative and analytical document that provides critical insights into the challenges hindering the FMP's progress and offers well-researched recommendations for addressing this challenge.

• Specific Objectives

1. To understand the attitudes, perceptions, and concerns of African Union Member States regarding the African Union Free Movement Protocol. This objective aims to uncover the reasons behind the low ratification rate and the reluctance of Member States to implement the FMP.

2. To identify and document the specific barriers, misconceptions, and apprehensions that Member States face concerning ratifying the FMP. This includes exploring legal, economic, social, and political challenges that hinder the protocol's adoption.

3. To propose practical and actionable solutions to address the concerns and barriers identified. These recommendations should encompass legal, policy, and diplomatic measures to facilitate ratification and smooth implementation of the FMP.

4. To provide a comprehensive and well-researched basis for merit-based arguments in favour of ratification, taking into account the interests and priorities of Member States.

5. To develop strategies for effectively engaging with key stakeholders, including parliamentarians, government officials, and civil society organizations, to promote understanding and support for the FMP. Tailor communication and advocacy efforts to address specific Member States' concerns and misconceptions.

6. To identify and outline opportunities that Member States can leverage through the successful ratification and implementation of the FMP. These opportunities should encompass economic, social, and cultural dimensions, underscoring the advantages of free movement for African nation.

2. SCOPE OF THE TASK

It is envisioned that the consultant will:

2018. Explain the historical context and significance of the adoption of the FMP including its roots in the OAU and the rationale for its adoption in 2018.
2019. Highlight the objectives and benefits of the FMP, emphasizing its focus on promoting regional integration, economic growth, and social and cultural cohesion across African nations.
2020. Present a comprehensive analysis of the current ratification status of the FMP, including the number of countries that have ratified it and the requirements for its entry into force.
2021. Identify the main challenges faced by Member States in ratifying the FMP, such as political, economic, security, and social concerns.
2022. Examine the reasons behind the reluctance of Member States to ratify the FMP.
2023. Conduct in-depth research, including surveys and interviews, to gather the perspectives of Member States on the FMP, highlighting their concerns, and exploring any misconceptions or apprehensions they may have.
2024. Present a detailed analysis of the data collected, categorizing Member States' perspectives and concerns, and identifying common themes and differences among them.
2025. Develop a set of practical and actionable recommendations to address the concerns and challenges identified, aiming to alleviate Member States' apprehensions regarding the FMP.
2026. Propose risk mitigation strategies to ensure that the implementation of the FMP addresses security concerns and safeguards the rights and well-being of migrants.
2027. Highlight opportunities that Member States can capitalize on through the successful implementation of the FMP, including enhanced regional cooperation, increased economic competitiveness, and cultural exchange.
2028. Provide supporting evidence, data, and references to substantiate the recommendations and findings.
2029. Present the research paper to relevant stakeholders, including the Member States, civil society organizations, and other interested parties.
2030. Develop a detailed timeline for each phase of the project, from research and data collection to the production of the research paper.
2031. Provide regular progress reports to ECOSOCC, keeping them informed of milestones achieved and any challenges encountered.

3. RESEARCH QUESTIONS:

• What are the primary attitudes, perceptions, and concerns of African Union Member States regarding the African Union Free Movement Protocol, and what factors contribute to the low ratification rate and reluctance to implement the FMP?
• What specific barriers, misconceptions, and apprehensions do Member States face concerning ratifying the FMP, including legal, economic, social, and political challenges?
• What practical and actionable solutions can be proposed to address the concerns and barriers identified, encompassing legal, policy, and diplomatic measures to facilitate ratification and smooth implementation of the FMP?
• What comprehensive and well-researched basis can be provided for merit-based arguments in favour of FMP ratification, considering the interests and priorities of Member States?
• How can strategies be developed to effectively engage with key stakeholders, including parliamentarians, government officials, and civil society organizations, to promote understanding and support for the FMP, while addressing specific concerns and misconceptions of Member States?
• What opportunities can Member States leverage through the successful ratification and implementation of the FMP, particularly in economic, social, and cultural dimensions, and how can these advantages be emphasized to encourage support for free movement among African nations?

4. LANGUAGE

Fluency in spoken and written English will be required for this task. In addition, the bid, as well as all correspondence and documents related to the bid, must be written in English. The bidder's supporting documents and literature may be in another language as long as they are accompanied by an accurate translation of the relevant passages in English.

5. EXPECTED DELIVERABLES AND TIMELINES

The consultant is expected to complete this assignment within 6 weeks of signing the contract. The consultant is expected to submit the following:

1.Inception report:

This is to be submitted within 14 calendar days (or 2 weeks) after the date of contract signing, confirming the approach and methodology to be utilized and work plan to be implemented. The inception report will also have a communication plan that covers consultation and communication milestones throughout the study, a roadmap linked to the above outputs and the proposed structure of the final reports.

2.Draft Research report:

This is to be submitted within 45 calendar days after the date of contract signing. The consultant will give an oral presentation of the Final Draft Report to the ECOSOCC secretariat. The draft report should reflect the general and specific objectives of the assignment; capture information drawn from all the tasks under this assignment and the expected outputs.

3.Final Research report:

This is to be submitted within 60 calendar days after the date of contract all the comments from the consultative meetings and any written comments made by the technical team or other stakeholders. The final research paper will also include a set of specific policy recommendations that identify the measures to be taken by the AU Member States and ECOSOCC

6. DESIRED QUALIFICATIONS AND EXPERIENCE

1. Postgraduate Degree: A postgraduate degree in relevant fields such as international law, international relations, or African studies is required. Preference is given to candidates with a focus on regional integration, migration, or related topics.
2. Work Experience: Candidates should possess at least 5-7 years of prior work experience in areas related to African regional integration, international agreements, or migration policy. This experience should ideally include work in a regional or international context.
3. Policy Analysis Skills: Demonstrated knowledge and experience in policy analysis, research, and writing are essential. Candidates should have a proven track record of producing high-quality policy documents, research papers, or white papers for national or intergovernmental decision-making bodies.
4. Regional and International Experience: Relevant regional and international experience related to African regional integration, migration, or related fields will be advantageous. This experience should showcase an understanding of the African context and regional dynamics.
5. Stakeholder Engagement: Strong skills in facilitating stakeholder consultations and engaging with government officials, parliamentarians, civil society organizations, and other stakeholders are crucial for gathering diverse perspectives on the Free Movement Protocol (FMP).
6. Understanding of AU Operations: An in-depth understanding of the African Union's operations and frameworks, particularly in the context of regional integration and migration, is required.
7. Language Proficiency: Proficiency in English, both spoken and written, is essential for effective communication and documentation throughout the research process.
8. African Descent: The expert must be of African descent, either from the continent or the Diaspora, to ensure a strong connection to African interests and perspectives.
9. Project Management Skills: Strong project management skills are essential for planning and executing the research paper production process, including setting timelines, managing resources, and meeting deadlines.

7. BUDGET AND PAYMENT

In recognition of the comprehensive nature of the services to be provided, the consultant will be remunerated with a lump sum fee of 15,000 USD, structured around the achievement of specific deliverables and milestones. This fee is all-inclusive, covering all costs associated with the execution of the consultancy. In any eventuality, that the Secretariat feels the need to have an in-person working session with the Consultant or any other travel requirements; a DSA (daily substance allowance) and economy class travel ticket will be covered by the former in accordance with the AU rules and regulations.

Payment: The proposed payment plan below outlines a structured approach to compensation over three phases, linked to specific deliverables and milestones.

8. DUTY STATION AND TRAVEL REQUIREMENTS

Where virtual interaction is impractical, the consultation will necessitate 05% travel to conduct face-to-face and consultative interactions with relevant stakeholders. Only if there is a compelling reason to believe that virtual engagements are impractical or insufficient, will travel be approved. If ECOSOCC determines that an in-person working session with the Consultant is required, as well as any other travel requirements, the consultant will be provided with a daily subsistence allowance) and economy class travel ticket. Nonetheless, most of the project, approximately 95%, will be facilitated from the consultants' home base.

9. SELECTION CRITERIA

10. OWNERSHIP

The ownership of all copyright and other intellectual property rights in respect of any data compilations, research, spreadsheets, graphs, reports, diagrams, designs, work products, software, or any other documents, developed in connection with this Assignment will be shared with ECOSOCC which shall have an irrevocable, perpetual, non-exclusive, transferable, worldwide license to use the intellectual property.

11. EXPRESSION OF INTEREST

Interested candidates should apply by submitting their technical proposals which include;

1. The consultant’s curriculum vitae with at least three traceable references to whom similar services have been provided.
2. An outline of the methodology and conceptual framework, deliverables, and expected timelines; and
3. Samples or links to samples of similar previous work done.

Expressions of interest should be submitted to: Mr Bright Sefah on SefahB@africa-union.org and copying Ms Rahel Fantaye on RahelF@africa-union.org and on ECOSOCC@africa-union.org. by 24 May 2024. Late applications will not be accepted.