Terms of Reference

Study on Statelessness and Risks of Statelessness in the Kingdom of Eswatini

Consultancy

Organisational 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 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 in the Ministry of
Home Affairs.

Title: Consultant (s)
Duty Station: Eswatini
Duration: 1 September 2020- 30 November 2020
Contract Type: International Individual Consultant (s)
Closing date: 18 August 2020 (midnight Geneva time)

Duties and responsibilities

1. Purpose and objectives of the Study

1.1 Timeframe and General objective of the Study:
The study will be conducted for a period of 3 months, from 1 September 2020 to 30 November
2020. The objective of the study is to collect and analyse information on the risks of Statelessness
in Eswatini as well as the situation of stateless persons and those at risk.

1.2 Specific objectives of the Study:
• Analyse the legal, political, administrative and institutional framework in Eswatini so as to
identify the gaps and deficiencies leading/potentially leading to Statelessness/risk of
Statelessness;
• Analyse the i) Laws and regulations related to Nationality, as well as their effective
implementation, and ii) practises 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 sociodemographic 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 from Eswatini 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 practises, in order to reduce and prevent statelessness, and protect stateless persons;

2. 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.

3. 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.

3.1 Desk review:
The desk review should include (non-exhaustive list):
• Analysis of Laws and regulations (as well as their effective implementation) covering the
issues of Nationality and Statelessness, so as to identify gaps in the legal, political and
administrative framework potentially leading to Statelessness;
• State of ratification/accession of Eswatini to the Statelessness Conventions as well as to
regional and international instruments for the protection of fundamental rights/the right to
a nationality, and conformity of national legislation with the above regional and
international instruments;
• Analysis of national legal instruments so as to verify whether they include the definition of
a stateless person and or provide legal safeguards against statelessness; The review
should also encompass review of former nationality laws to explore whether they may
have generated statelessness situations that have not been addressed by subsequent
laws and practices;
• Analyse the administrative Institutions so as to verify the existence of bodies having the
responsibility on stateless persons (identification, protection, etc.);
• Review of existing research and literature on statelessness/nationality in Eswatini
conducted by NGOs, research institutes, independent researchers, other UN Agencies,
etc.;
• Review of existing procedures for the identification of stateless persons and, if applicable,
of existing data;
• Analyse the data sources at the administrative level – population censuses, surveys, civil
registries, voters’ registries, health centres’ registries, or social services agencies’
registries – so as to verify whether they contain data on stateless persons;
• Existing procedures for the issuance of documents such as birth certificates, identity
certificates, voter’s cards, passport, permit of stay, etc.;
• Birth registration statistics, policy and practises (including towards specific categories, e.g.
children born out of wedlock, orphans, foundling children, foreigners, migrants, refugees,
asylum seekers and nomadic populations) which could have an impact on the risk of
statelessness;
• Identification of key actors (individuals, organisations, Institutions, etc.) to involve in the
different phases of the research, starting from the work planning;
• Legal resources, including actors providing legal services - if applicable, and existing
procedures for stateless persons and persons at risk of statelessness to obtain a proof of
their nationality;

3.2 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.

3.3 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.

4. 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”.

5. 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”.

6. 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.

7. 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;

8. 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:
• A basic university degree and relevant work experience of between 8 and 12 years, or
between 6 and 10 years and a postgraduate university degree.”

Work Experience

• Minimum relevant work experience of between 8 and 12 years, or between 6 and 10
years and a postgraduate university degree.
• Excellent knowledge of MS Office Suite (in particular Excel) and other business tools.

Languages:

• Fluency in English and working knowledge of another relevant UN language or local
language of the country of study. (In offices where the working language is not English,
excellent knowledge of UN working language of duty station and working knowledge of
English.)

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

Location

The successful candidate will be based in Eswatini.

Conditions

The position starts in September 2020 and it is for 3 months.

To apply

Interested applicants should submit an updated and signed Personal History Form (PHF), indicating “Statelessness Study - Eswatini” in the subject of the email.

The PHF forms are available at www.unhcr.org/recruit/p11new.doc.

The UNHCR workforce consists of many diverse nationalities, cultures, languages and opinions.
UNHCR seeks to sustain and strengthen this diversity to ensure equal opportunities as well as an
inclusive working environment for its entire workforce. Applications are encouraged from all
qualified candidates without distinction on grounds of race, colour, sex, national origin, age,
religion, disability, sexual orientation and gender identity.

Please note that UNHCR does not charge a fee at any stage of its recruitment process
(application, interview, meeting, travelling, processing, training or any other fees).

Closing date: 18 August 2020 (midnight Geneva time).