Joint Programme Evaluation final evaluation report august 2016 DanChurchAid (dca) Jhamsikhel, Lalitpur Nepal Dr. Prakash Bhattarai and Dr. Dhruba Gautam

2.1.4 Humanitarian Response

There are four particular reasons to justify the relevance of HR programme of DCA. First, it is closely aligned with existing government’s plans and policies in programme countries. In the case of Nepal, DCA’s HR programme has directly contributed to the existing Natural Disaster Relief Act (1982), National Strategy for Disaster Risk Management (2009), Disaster Rescue and Relief Standard (2005), and National Disaster Response Framework (2013). In the case of Bangladesh, this programme is congruent with Disaster Management Act (2012) and National Plan for Disaster Management (2010-2015) existed in the country. DCA’s HR programme also directly contributes to India’s Disaster Management Act (2005) and National Policy on Disaster Management (2009). Internationally, this programme is supportive to achieve the ultimate goal envisioned in the Hyogo Framework of Action (HFA), Sustainable Development Goals (SDG) and Sendai Framework.
Second, relevance of the project can also be justified in terms of the selection of project beneficiaries. Location specific criteria are implied while selecting the beneficiaries rather a generic format. Food items (FIs), non-food items (NFIs) and basic life-saving materials to all families have been distributed initially through ‘blanket approach’ and later ‘targeting the neediest families’ for further supports was found highly relevant. Likewise, the evaluation team identified that this programme has often attempted to address the needs of the most vulnerable people. As evidence to this, DCA’s HR programme has complemented and been compatible with the governments’ approach—reaching the unreached, the most vulnerable areas/hamlets. The project adhered to the governments’ provisions for promoting semi-permanent housing resilient to multiple hazards.
Third, HR programme also found it relevant to address the unmet needs of beneficiaries, and this includes a) reaching to those communities where the governments and other humanitarian agencies have not reached before, and b) providing targeted assistance which the communities have not received from other agencies earlier. Often, needs and priorities have been identified instantly by the DCA due to its previous presence in the project locations. For example, in Saptari district of Nepal, DCA provided shelter construction support to fire victims, where other agencies were focusing their supports for hygiene, drinking water, and livelihood support. This demonstrates DCA’s approach to fill the HR gap. Similarly, DCA has adopted a similar approach while providing support to the earthquake affected communities in various districts of Nepal.
Finally, DCA’s HR programme is also found relevant to respond to multiple emergencies one at a time. For example, in Nepal, DCA has been providing humanitarian support to earthquake, fires, floods, and landslides survivors; in Pakistan for flood survivors, in Bangladesh for flood and tropical storm survivors, and in Assam of India for the victims of ethnic conflict. Likewise, in South Asia, DCA’s humanitarian response programme is relevant because it has covered natural and human induced disasters with the use of sufficient resources and an integrated response strategy.

2.2 Effectiveness

2.2.1 Migrant Rights Programme

The evaluation team has found some effective interventions of DCA MRP partners in various countries, particularly in the areas of migrant rights advocacy, legal aid, access to benefits, psychosocial support, entrepreneurship trainings, and facilitate coordination, collaboration, and networking with concern stakeholders.
DCA’s MRP has contributed to keep the national and global migrant rights advocacy efforts alive and enhance national, regional and international advocacy capacity of its partner organisations, with their representation in various national, regional, and international political and policy forums. At the national level, for example in Nepal, DCA partners were effectively involved in ‘free visa and free ticket’ campaign (i.e. zero recruitment cost for the migrant workers while going for work in eight different labour receiving countries). Likewise, partners were involved in advocacy efforts to amend the Foreign Employment Act 2007 to ensure safe and better managed foreign labour migration. DCA’s both partners WOREC and POURAKHI has provided input to the government with key points to be included in the forthcoming amendment of this Act. There is a continuous lobby and advocacy from Nepal based DCA partners to create pressure to the government to the ratification of domestic workers Act C189 and the migrant rights convention of 1990. Likewise, the regional partner of DCA have been established as pressure group to speak on behalf of migrant workers internationally, and instrumental in changing attitude and making the policymakers and politicians sensitive towards protecting the rights of migrant workers
MRP has also contributed to establish and strengthen MIC at the local level and in both Nepal and Bangladesh. MIC is providing authentic and reliable information regarding safe migration. MIC has been a place to access information to both male and female potential migrant workers who are poor, vulnerable, and uneducated. It has contributed to save them from fraud cases, assess the migration cost, be informed about socio-cultural aspects of the destination country, and much other valuable information.
There is also successful implementation of access to justice programme for migrant workers and RMW. According to Pourakhi, a Nepal based DCA partner, they have facilitated the process of receiving compensation with worth of 300 thousands USD over the past three years. Likewise, through their entrepreneurship programme in Bardiya district, more than two dozen women RMWs have started their own business and doing well. Likewise, Tenaganita in Malaysia has delivered high-quality and high-impact work in the area of legal support to migrant workers and refugees in Malaysia. Their long-term partnership with the Malaysian Bar Council, through which they trained 143 young lawyers in 2014, has been exemplary in this regard. Through this arrangement, they have been able to provide continuous legal support and representation at police stations and labour courts to migrant workers and refugees and this has made an enormous impact on the lives of their clients. Not only have they been able to obtain remedies for their claims (including unpaid wages, fees, access to travel documents, being able to be repatriated and reunited with their families), but also their continuous support has enabled migrant workers and refugees to re-establish their dignity by coming out of hiding and abandoning a life of fear and misery.
Access to social security benefits for domestic workers remained another important area of contribution from DCA partner in India. The important work of NDWWT on facilitating domestic workers’ access to social protection schemes in India was beneficial to thousands of poor and low income families.
Livelihood support remained another effective intervention of DCA partner. DCA’s partner in Nepal, Pourakhi through their livelihood programme started since 2014 have provided entrepreneurship development training to 41 returnee migrant women, out of which 9 had already started businesses in 2014 and additional 24 women were able to successfully transfer into opening their own small-scale businesses afterwards (including, for the first time, group-based agriculture and farming projects), and are now able to make a living locally. In the Eastern districts of Udayapur, Morang, and Sunsari, WOREC was involved in providing on- and off-farm skills to 69 prospective migrants, families of migrants, and returnees, which provided them with alternative livelihoods.
The evaluation team found the psychosocial support another effective area of intervention from the DCA partners. A number of DCA’s project partners in the region have successfully provided psychosocial support to those migrants who have experienced severe physical and/or psychological trauma due to various reasons. Support is being provided on different levels – including through actual rescues performed either directly in destination countries (as in the case of Malaysia by Tenaganita) or through intermediaries (as with partners like BOMSA, NDWWT, WOREC, and Pourakhi); post-rescue shelter provision in both country of origin and destination; individual counselling by qualified staff; and either repatriation and/or reintegration assistance, which often involves negotiating not only with government authorities, but also with the families of trafficking survivors. A special case in 2015 where Nepal based DCA partners WOREC and Pourakhi were able to draw on their extensive experience in this area in the context of the devastating earthquake – as both were involved in larger humanitarian relief efforts by providing shelter, food, and medical supplies, they were also able to make use of their trained psychosocial counsellors to provide individual and group counselling support to affected women and their families.
The evaluation team found that in several countries, including Cambodia, Nepal, and Bangladesh, DCA partners continued their ratification campaigns for C189 and other international migrants’ rights- related instruments. For example, in Cambodia, LSCW has been participating in government consultations in preparation of roadmap for C189 ratification, which is in the process of being adopted by the government. In Malaysia, Tenaganita has been working together with the ILO on developing legislation for domestic workers in Malaysia to address the gender dimensions of domestic work as well as the lack of protection currently available to DWs. A Domestic Workers Bill was drafted, based on ILO Convention 189, in collaboration with members of the DW Coalition, as well as domestic workers themselves, and with advice from legal and gender experts. It is currently being reviewed by the ILO office in Geneva, before being taken forward by the DW Coalition, which then plans to conduct a session with Parliamentarians to prepare adoption of the Bill in the Parliament.
MRP has also facilitated coordination and collaboration with government agencies to safeguard the rights of migrant workers. DCA’s MRP partners both in Nepal and Bangladesh have closely worked with politicians, policymakers, and other stakeholders to ensure the rights of migrant workers. For example, DCA MRP partners have established a good coordination with concerned ministries such as Ministry of Women and Children Affairs and Ministry of Youth and other stakeholders such as local government agencies, Bangladesh National Women Lawyers Association and so on. In the case of Bangladeshi partners, they have even established some good relationships with migrant rights organisations in the country of destination. Moreover, DCA’s national partners both in Nepal and Bangladesh are part of various regional and national networks working on migrant rights and the prevention of human trafficking.
Likewise, there is an increased and stronger networking between organizations working with migrants at all levels. For example, DCA partners in Bangladesh BOMSA, WARBE, and RDRS have signed MoU to collaborate on enhancing community-level capacity building on safe migration. Likewise, Nepal based partners Pourakhi and WOREC have worked together to engage in awareness in earthquake-affected areas for preventing post-disaster surges in unsafe migration and trafficking.
There is also a successful regional collaboration between DCA’s MRP partners on access to justice through GAATW focusing on women migrants from South Asia moving to the Middle East and Cambodian migrant workers in Thailand. MFA’s capacity building programmes for network members strengthened partners’ capacity to engage governments in advocacy on migrants’ rights. MFA convened consultations with partners during the ACSC to strategise how to strengthen engagement with ASEAN processes. MFA also continued to conduct capacity building and create awareness about the Abu Dhabi Dialogue (ADD) and Colombo Process (CP) among its members and partners. Both processes were highlighted as key areas for CSO intervention during MFA’s annual migrants human rights training and was also identified as a key area for engagement by members of the South Asia Parliamentary Caucus on Labour Migration. In addition, MFA facilitated the participation of its partners to the International Labour Conference (ILC) and the June session of the UN Human Rights Council (HRC).
The increased level of networking among the national partners and the successful regional collaboration were made possible due to constant financial, technical, mentorship support provided by DCA for its migrant rights programme partners.
Partners have also made significant contributions to monitoring government legislation, policies, and practices throughout the programme, both at national and international levels. Followings are some of the national and international level initiatives in this regard;

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  In Malaysia, Tenaganita’s efforts to sign Memorandum of Understanding with Partners from source countries for a cross border referral system for information, referral for follow up and safe reintegration for returnee migrants have resulted in strengthened regional accesses to justice and referral mechanisms, particularly with Indonesia.
  

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  In Cambodia, LSCW, having been nominated by the Ministry of Labour and Vocational Training (MoLVT) as the NGO representative to provide inputs for government migration policy, was instrumental in bringing about important changes in migration and anti-trafficking policy by providing technical inputs in the new MoUs with Thailand and Malaysia, as well as the improved national regulations on oversight for the recruitment industry, and for seeing through its advocacy for the adoption of the national identification guideline for trafficked persons.
  

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  In Nepal, consistent advocacy from CSOs, including DCA partners WOREC and Pourakhi produced several positive results, such as government's bold decision to announce a new "Free visa, free ticket" policy for migrant workers in July 2015, capping permissible recruitment fees at NPR 10,000 per worker. In addition, their regular lobbying and advocacy activities focused on ratification of ILO C189, on a revision to broaden the SAARC Convention against Trafficking, and to recognising migrants' rights as human rights. This led to a commitment by the Nepal government, as a Chair of SAARC, to propose to the SAARC Secretariat a broadening of the scope of SAARC convention. In addition, and as a follow-up to the successful 18^th SAARC Summit held in Kathmandu in December 2014, the SAARC Secretariat also developed a Plan of Action for a joint approach to protecting migrant workers’ rights throughout the region, known as Agenda 21.
  

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  In Bangladesh, Following consistent CSO advocacy and calls for transparency, the government drafted the Bangladesh Overseas Employment Policy 2016 and uploaded it online for public feedback. Implementation of the Bangladesh Overseas Migration Welfare Act 2013 continued, and DCA partner BOMSA oriented two batches of Technical Training Centre (TTC) staff on its content and significance in 2015. In addition, BOMSA lobbied with the Government of Bangladesh to improve regulations and transparency in recruitment by organising consultations and trainings with government officials, summarising evidence from the ongoing casework and continuous discussions with the Director General of the Bureau of Manpower, Employment and Training (BMET) using evidence of cases lodged with the BMET.
  

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  In India, NDWWT continued to push for stronger social protection structures for domestic workers, by filing a PIL in Tamil Nadu on the issue of minimum wages for domestic workers, and on August 14^th, 2015, the High Court directed the state to fix a Minimum Wage.
  

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  At the international level, MFA and national level partners prepared for and participated in the 8^thGlobal Forum on Migration and Development (GFMD) in Istanbul in October 2014, where civil society and governments were discussing the state of play around major current issues including the SDGs, recruitment reform, migrants in crisis, and xenophobia, stressing the importance of safeguarding migrants' rights. MFA and national level partners, especially in Nepal, continued to monitor the implementation of the SAARC Agenda 21 on Migration. Together with partners from the trade unions, they have been engaged in monitoring the development of the Program of Action for SAARC Agenda 21 with the program of action targeted for finalisation in 2016.
  

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  MFA also continued its engagement with UN Human Rights Mechanisms, organising side events on critical issues regarding migrants’ rights during the UN Human Rights Council sessions on three major issues, namely, Migrants in Crisis, Right to Health of Migrant Workers, and the Ratification of the UN Migrant Workers Convention. MFA also continued the ‘Step It Up’ Campaign, a campaign launched in time for the 25th Anniversary of the Adoption of the UN 1990 Migrant Workers Convention. The campaign calls for the ratification of the UN 1990 Migrant Workers Convention, ILO Conventions 97, 143, 189 and 181. In line with this, MFA was invited to address governments during the Day of General Discussion to Commemorate the 25th Anniversary of the adoption of the convention. Moreover, MFA and national-level partners also participated in the ILO’s International Labour Conference (ILC) to follow up on migrant workers’ concerns in the wake of the adoption of the new Protocol of 2014 to the Forced Labour Convention (1930) and the accompanying Forced Labour (Supplementary Measures) Recommendation in 2014.
  

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  GAATW and national-level partners participated in the UN Commission for Status of Women in March (NGO Committee on the Status of Women, CSW59), where GAATW and WOREC co-organised a side event on the labour rights of migrant women: from Beijing to Post-2015. Likewise, together with OHCHR GAATW also organised a side event at the 13^th UN Crime Congress in Doha in April, presenting on a Panel on the Best Practices at International Boarders: Addressing smuggling, irregular migration and human trafficking.
  

In sum, the DCA’s migrant rights programme is found to be highly successful in achieving its objectives of strengthening CSOs. This programme is also found somehow successful in achieving its objectives of empowering migrant workers for claiming their rights. However, DCA has not fully achieved its objective of making the government and duty bearers responsible for ensuring the rights of migrant workers for two reasons i.e. a) political fragility and frequent changes of government officials b) pressure created by DCA partners (along with other NGOs) to the government was not enough, as there are very limited number of organisations in Nepal and Bangladesh advocating for migrant workers’ issues.