Lead Researcher – Study on Undocumented and Stateless Persons in Sabah

Background

Context

One of the key principles of the Agenda 2030 and the Sustainable Development Goals (SDGs) is to leave no one behind and to reach those furthest behind first. This project is therefore aimed at better understanding the profile and issues faced by the significant number of people living in Sabah today, who do not have documentation and lack access to basic services such as in health and education – in support of Malaysia’s trajectory for Sustainable Development in line with Agenda 2030 and SDGs.

Over the last 40 years, the population of Sabah has increased from 698,000 in 1970 to 3.2 million in 2010[1]. Interestingly, the greatest increase seems to have occurred between the years of 1970 and 1990, roughly coinciding with the period of armed conflict in the Southern Philippines and the arrival of refugee and migrant populations. In the last 20-year period alone, the population of Sabah increased from 698,000 to 1.79 million people.[2] 

Indigenous groups currently comprise 61.2% of the total population of Sabah, while migrant workers total 889,779 people, or 27.7% of the population, according to census estimates.[1] 

In relation to education, only about 2% of undocumented children have access to the few learning centres established by UNICEF and NGOs, run by the community. Even if schooling is provided, it is at often only until Year 6. Many undocumented minors who are unable to access educational services have been described as surviving as street children and grow up illiterate. Access to public healthcare e.g. immunizations and sexual and reproductive services for the undocumented are also limited[2]. This vulnerable population also faces the threat of detention and deportation back to their country of origin. And when deported, it apparently does not take long before they to return to Sabah. Detainees in immigration centres in Sabah are currently estimated at 3,200 people.[3]

In the thriving economy of Sabah, there is work in the informal sectors (mainly in construction and plantations) and hence, undocumented immigrants can generally make a living, though work is scarce on the East Coast, which has not seen as much economic development. However, undocumented populations from the Southern Philippines seem to remain a shadow society, living in parallel to the formal institutions, with no access to state services as a social safety net against extreme vulnerability.

The situation is compounded by the negative stereotypes associated with the immigrant population who are blamed for the rise in crime rate, for taking away jobs from locals and for environmental pollution. A whole generation of hundreds of thousands of uneducated children with only unskilled work opportunities in the future will only exacerbate the situation.

With no access to education, health and formal employment, these communities continue to live in the shadow economy, with the most marginalised of these undocumented groups only becoming more vulnerable and excluded. The 2013 incursion in Lahad Datu and clashes with the security forces adds a security dimension to the problem. And with the reported strengthening of the Abu Sayyaf group in Southern Philippines, these areas are under threat of potential influence by militant and armed groups with extreme ideologies/terrorist activities.

Despite significantly lacking information and data about the undocumented and stateless communities in Sabah, the Government of Malaysia recognizes the opportunities from the contributions of these populations to economic growth of Malaysia. In view of this, United Nations Country Team (UNCT) proposes to conduct a joint scoping and mapping study on the status of undocumented and stateless communities in Sabah, together with the federal and state authorities.

Poverty reduction strategies in Sabah have met with success, having been a significant recipient of recent investments in infrastructure and social interventions. The incidence of poverty in Sabah reduced from 23.4% in 1999 to 4% in 2014, and 2.9% in 2016[4].  Despite this achievement, Sabah remains the state with the highest level of overall poverty in Malaysia.

Focus Population

The 2010 Malaysian Population and Housing Census summarises the demographic characteristics of Sabah as being comprised of 61.3% Bumiputera (consisting of 5.7% Malays, 17.8% Kadazan/Dusun, 14% Bajau, 3.2% Murut, and 20.6% of other Bumiputera including Suluk population) and 27.7% non-citizens. The Chinese, Indians and other non-Bumiputera population are estimated at 11%. However, data gaps remain because while the census has captured those who are non-citizens, it does not expressly state whether people responding to the survey and who self-identify as Bumiputera, actually have the necessary documentation to confirm their status. The current census data does not seem to be able to quantify the number of undocumented and stateless persons, and other means are utilized to estimate this marginalised group.

There seem to be four distinct groups of people in Sabah who could be associated as undocumented or stateless that could be grouped as follows, but which this Study would need to analyse and profile more accurately:

• Citizens who are undocumented e.g. indigenous Sabahans who are considered citizens by definition in the Federal Constitution but who lack documentary evidence for their claim to citizenship. Due to their remote location, they face challenges in accessing services. However, once in contact with authorities, it is technically possible for them to register. The government has experimented with mobile registration units to further assist these populations. However, there continue to be challenges in proving birth circumstances or ancestry, particularly for families that have remained undocumented over generations.
• Filipino refugees and migrants from the Southern Philippines, including the Suluk people, who entered Sabah and Labuan in two waves. The first coinciding with the conflict in Mindanao between 1972 and 1984, and more recently, economic migrants. The precise number of Southern Filipino refugees and migrants currently inhabiting Sabah is unknown, although UNHCR estimates assume at least 80,000 people who have settled here over the last 40 years. The entry of Filipino refugees in the 1970s (UNHCR gave assistance between 1976 and 1987) was followed by an accelerated inflow of “irregular” economic migrants since the 1980s. Permission to stay was originally granted on humanitarian grounds in the form of the IMM13 visa, which is renewable on a yearly basis. This group is among the most populous and carry with them specific challenges such as in obtaining valid work or residency permits.
• The Bajau Laut, who live a nomadic life at sea as subsistence fishermen, and lack the necessary documentation to proof their citizenship status due to their high mobility. They speak a distinct dialect and are easily distinguished from the other groups. Referred to as “nomads of the sea”, they are discriminated by mainland populations across the archipelago, including in Sabah and the Southern Philippines. Due to this and their nomadic lifestyle, they are a vulnerable stateless / at risk of statelessness population but data concerning their numbers remain a broad estimate ranging from 40,000 people to a few hundred thousand. 
• Others who are undocumented such as those who do not have proper birth registration, including children of migrant workers. While birth registration in Malaysia is not depended on the nationality of either parent, children of migrants hailing from Indonesia or the Philippines may be undocumented. All children irrespective of the nationality of parents, if born in Malaysia can be registered and would obtain Malaysian nationality based on the law (Births and Deaths Registration Act), on the condition that the parents are married and at least one parent is Malaysian. If the parents are unmarried, then based on the current interpretation of the law, the child will inherit Malaysian citizenship only if the mother is Malaysian. 

The Objectives of the Project:

The objectives of this project, to be jointly undertaken by the UNCT and the Malaysian Government, is to conduct a scoping and mapping study (hereinafter referred to as “Study”) to:

1. Understand the scale of the issue of undocumented persons, including those who might be classified as stateless in Sabah;
2. Identify and more accurately define the profiles of these communities and individuals, and determine their interlinkages with other socio-economic and development issues;
3. Review data collection methodology (including data parameters and scope) and sources, and provide recommendations to strengthen census of the undocumented and stateless population;
4. Identify the challenges and bottlenecks in consultation with the relevant agencies and departments of government at the state and federal levels; the communities themselves, UN agencies, SUHAKAM, NGOs, civil society and other relevant stakeholders; as well as through assessment of available literature on the matter;
5. Develop a set of recommendations and an action plan to address the administrative and other barriers and issues faced by these vulnerable groups, in line with the goals and targets of the Agenda 2030 and SDGs, taking into account best practices of other countries; and
6. Propose and cost a pilot project to implement the recommendations and action plan.

The above objectives may be further refined, after more in-depth discussions with Government, the UNCT, and other stakeholders.

[1] Economic Planning Unit. Official Website of Economic Planning Unit, Prime Minister’s Department. Available from http://www.epu.gov.my/en/content/12-bilangan-penduduk-mengikut-negeri. Accessed 10th October, 2017.

[2] Department of Statistics. Population and Housing Census of Malaysia 2010. Kuala Lumpur: 2010.

[1] Department of Statistics. Population and Housing Census of Malaysia 2010. Kuala Lumpur: 2010.

[2] http://www.ums.edu.my/fpsk/images/Journal/J.2016/2.9.pdf

ect:[3] Geraldine A. (21 September 2017). Immigration Dept carries out 1,003 operations, nabs 13,601 illegals nationwide since Jan. News Straits Times. Retrieved from https://www.nst.com.my/news/nation/2017/09/282452/immigration-dept-carries-out-1003-operations-nabs-13601-illegals

[4] DOSM (October 2017). Report of Household Income and Basic Amenities Survey 2016. https://www.dosm.gov.my/v1/index.php?r=column/pdfPrev&id=RUZ5REwveU1ra1hGL21JWVlPRmU2Zz09

Duties and Responsibilities

The Lead Researcher will also be the Project Coordinator and is expected to put together a Study Team of relevant experts at his/her own cost as follows:

• The Lead Researcher will act as Project Coordinator and will be responsible for putting together a Study Team of experts to conduct and deliver the Study in accordance with but not limited to, the criteria mentioned above.
• Prepare a suitable workplan and methodology for the project, detailing the scope of study, the roles and responsibilities of the team, the deliverables and timeline for the project.
• Consult and closely engage with the relevant government agencies / ministries, UN agencies, SUHAKAM/ Non-Governmental Organisations / Community-Based Organisations / Non-Profit Organisations, undocumented and stateless communities, and other relevant stakeholders.
• Conduct in-depth engagement with the following proposed, but not limited to, 1) Department of Statistics Malaysia (DOSM) on methodology and management of the census; and 2) Sabah State Government on their planned schedule of indigenous communities with reference to Sabah's Interpretation (Definition of Native) Ordinance 1952 in terms of how they are negotiating both the gaps in between the clarity provided by the Ordinance.
• Collect, review and analyse all the relevant documents / agreements / policies / laws /regulations/ data / past reports / initiatives of government agencies such as Department of Statistics Malaysia (DOSM), immigration, National Security Council, Ministry of Home Affairs; international organisations such as UNHCR, UNICEF, UNFPA; national institutions such as SUHAKAM Khazanah; NGOs and other relevant stakeholders; and best practices of other countries.
• Make reference to and cross-check against past reports of studies on stateless and undocumented communities by UNHCR, UNICEF and UNFPA.
• Provide progress reports every two weeks (or as needed) to the Committee overseeing this project, and attend and present at meetings as required.
• Report to the focal point from the UN about the day-to-day management of the project.

The Lead Researcher will be the Project Coordinator and is expected to address the following key areas (please note that these may vary subject to further in-depth discussions with Government and the UN system):

• Review the historical background of undocumented persons and communities in Sabah, Malaysia.
• Review current policies, laws and regulations and benchmark with relevant policies and best practices of other countries.
• Provide international legal definition of terms used to describe, differentiate and explain any relationship of undocumented /stateless persons / refugee / illegal migrant / asylum seekers, etc.
• Develop more accurate data of the various groups defined, to the extent possible.
• Define the different categories of proof of citizenship/residency and the determination procedure in Malaysia.
• Identify and develop a clear profile of the various communities and individuals based on internationally accepted standards and definitions. 
• Conduct spatial mapping exercise to show where the concentration of these communities and persons reside and work in Sabah.
• Conduct non-spatial mapping to illustrate the socio-economic, living and well-being conditions of these communities and persons in Sabah.
• Identify major challenges and constraints 1) in conducting the Study e.g. poor data; and 2) issues faced by these communities.
• The Study should include the following issues and their interlinkages, but not limited to, 1) Economic (social protection, decent work, household expenditure patterns); 2) Social development (multidimensional poverty, discrimination); 3) access to basic services (education, healthcare); and 4) Sustainability and Prevention of Violence Extremism (PVE); 5) prospects for access to lawful documentation, including birth registration; and 5) Gender-based issues, including gender-based violence, sexual violence and vulnerabilities associated with safety and security of women and girls.
• Ensure that all data and information gathered is gender disaggregated, so that the impact on women and girls can be evaluated, given their additional vulnerabilities such as – 1) employment in the informal sector; and 2) information on treatment and conditions in detention.
• To evaluate social or community-based organisations that help to empower these communities, including in the form of advocacy, legal representation or other processes of claiming support or resources.
• Link the issues, challenges and recommendations found in the study with the Sustainable Development Goals (SDGs).
• Identify and prioritise recommendations (i.e. quick wins, partnership, long term) to address the challenges taking into consideration from the policy, legal and regulatory perspectives.
• Identify real and perceived barriers to access to basic social services.
• Describe select recommendations for piloting e.g. regularization/documentation in Sabah and key components of project, capacity building, access to education, healthcare (including immunization) and livelihoods.
• Identify and associate recommendations particularly relating to the cost of inaction to government e.g. increase economic contributions, increase safety and security, impact on state development etc.  

Deliverables and Timeline:

Under supervision of the Committee overseeing this project and the Focal Point of UNCT and the, the Lead Researcher will be responsible to produce a Study in proficient English and provide full references in a format that is consistent and which would require minimal editing.   All Excel files used to generate data in graphical presentation (e.g. graphs) used in the Study shall be provided.

The final Study report should include, but not limited to the following components:

1. Executive Summary: The Lead Researcher and the appointed Study Team is required to produce a clear and concise 3 to 5-page summary on the main findings and recommendations of the Study report, highlighting the current status, key issues and recommendations.
2. Profiling and mapping: Identify and define the profiles of different typology of stateless and undocumented population in Sabah and map where they are by location and by development status.
3. Findings, Bottlenecks, Issues and Challenges.
4. Recommendations and opportunities for Government: Prioritised list of recommendations and responsibilities with specific reference / considerations to policy, legal and regulatory perspective.
5. A Plan of Action based on the above.
6. Cost of pilot programme to implement the plan of action.
7. Annexes: Photo representation to illustrate living conditions and the surrounding environment (e.g. sanitation)

Deliverables: 

• Submission and acceptance of the workplan, methodology and format of the Study Paper by 31 January 2018;
• Submission and acceptance of the draft Study Paper by 31 July 2018;
• Submission and acceptance of the final Study Paper by 30 September 2018.

Note: The Lead Researcher and relevant members of the assembled Study Team is expected to attend meetings and present the findings of the Study, as and when required.

The Study Paper is expected to be:

1. High quality and factually correct:

• Provides comprehensive and independent reviews of stateless and undocumented issues and situation in Sabah;
• Offers constructive and innovative policy recommendations for the Sabah State Government.

2. Consistent with UNDP standards in terms of:

• Ensure consistency and logical linkages with the SDGs;
• Contribute to the proper structuring of general conclusions and recommendations;
• Participate in team discussions and brainstorming sessions to contribute to the methodological approach and the final structuring of the Study Paper.

3. Visible and reliable in its findings:

• To employ truthful and relevant data;
• To make available the list of references and data used in preparing the required analysis;
• To participate in the presentation and other follow-up engagements to present the findings of the Study Paper at engagements with relevant stakeholders.  

References:

1. Transforming our world: the 2030 Agenda for Sustainable Development, http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E

2. Resolution adopted by the General Assembly on Work of the Statistical Commission pertaining to the 2030 Agenda for Sustainable Development and the Global Indicator Framework, https://undocs.org/A/RES/71/313;  https://unstats.un.org/sdgs/

3. Studies by UNICEF:

• Mapping of Alternative Learning Approaches, Programmes and Stakeholders: Part 1 – Peninsular Malaysia and Sabah
• Mapping of Alternative Learning Approaches, Programmes and Stakeholders: Part 2 – Sarawak
• Situation Analysis of Children in Sabah
• Out of School Children Study for Malaysian Children in Sabah
• Invisible Children (i.e. non-Malaysian) in Sabah

Competencies

Corporate Competencies:

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP, and partner organizations;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability.

Functional Competencies:

• Excellent knowledge of relevant stateless and undocumented issues in the context of Malaysia;
• Demonstrates strong analytical skills;
• Promotes team work and contributes towards building team consensus;
• Builds positive relationships with clients;
• Consistently approaches work with energy and a positive, constructive attitude;
• Excellent teamwork and leadership skills.

Development and Operational Effectiveness

• Ability to analyse and understand stateless and undocumented issues from the policy, legal and regulatory perspectives;
• Ability to apply organisational policies and procedures;
• Strong analytical skills.

Management and Leadership

• Focuses on impact and result for the project and respond positively to feedback;
• Supports teams effectively and shows conflict resolution skills;
• Consistently approaches work with energy and a positive, constructive attitude;
• Demonstrates strong oral and written communication skills;
• Builds strong relationships with clients and external actors;
• Remains calm, in control and good humoured even under pressure;
• Demonstrates openness to change and ability to manage complexities.

Required Skills and Experience

•  PhD (doctorate or equivalent) in area of development economics, social development, human sciences, poverty reduction, sociology, public policy or related fields.  

Experience:

• Minimum 5 years of working / research experience in migrant/undocumented/stateless issues, inclusive development, or related fields.
• A proven track record in providing high-quality, development-relevant analysis and policy advice in areas such as integration, documentation, poverty eradications programmes and reducing vertical or horizontal inequalities, preferably relevant to the following fields:
  1. Stateless and undocumented, refugee and illegal migrant issues
  2. Developmental Economics / Inclusive development
  3. Social Welfare and Social Development
  4. Politics and Public Policy
  5. Human Sciences
• Experience in Malaysia is a must, and prior experience in the Asia-Pacific region or in countries of similar level of development is an added advantage.
• Familiarity with the SDG agenda and localisation process is an added advantage.
• Language requirements: Excellent command of English in both oral and written communication skills. Ability to communicate in Bahasa Malaysia would be an added advantage.
• Respect for the principles of the United Nations Charter and the UNDP Statement of Purpose.

Languague:

• English and Bahasa Malaysia.

Monitoring and Progress Control:

The Lead Researcher will work under supervision of the Focal Person of UNCT and National Programme Manager. S/he will work in close collaboration with other staff of the UN System country office, where necessary

How to Apply:

• Kindly download the Letter of Confirmation of interest and availability, Financial Proposal Template, P11 form and General Terms & Conditions mentioned below;
• Read and agree to the General Terms & Conditions;
• Click the ‘apply’icon and complete what is required;
• Scan all documents into 1 pdf folder and then upload;
• For clarification question, please email to procurement.my@undp.org. The clarification question deadline is three (3) days before the closing. When emailing for clarification questions, please put "MyIC/2017/049" as the subject matter.

Forms and General terms & conditions to be downloaded:

• The UN Personal History Form (P11) is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/P11%20for%20SC%20&%20IC.doc?download
• The Letter of Confirmation of Interest and Financial Proposal Template at: http://www.my.undp.org/content/dam/malaysia/docs/Procurement/MyIC_2017_049%20Annex%20I%20&%20II.docx?download
• The General Terms & Conditions for Individual contract is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/General%20Conditions%20of%20Contract%20for%20IC.pdf?download
• The General Terms & Conditions for Reimbursement Loan Agreement is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/Reimbursable%20Loan%20Agreement%20_%20Terms%20&%20Conditions.pdf?download 

Evaluation Method and Criteria:

The candidate will be evaluated based on the methodology of Cumulative Analysis.

The award of the contract will be made by UNDP to the candidate whose offer has been evaluated and determined as responsive, compliant and acceptable, and having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation:

Technical criteria weight (70%)

• Technical knowledge on the proposed topics;
• Experience in social sciences research;
• Familiarity with the scope of research.

Financial criteria weight (30%)

Confidentiality and Intellectual Property:

• All data provided in the project will be used only for the purpose of the research. The expert shall not use any data provided for purposes other than the identified scope of work above.
• Any publications arising from the work undertaken above will require written consent of the data owner and UNDP Malaysia.

How to Apply:

• Kindly download the Letter of Confirmation of interest and availability, Financial Proposal Template, P11 form and General Terms & Conditions mentioned below;
• Completed Letter of Confirmation of Interest and Availability;
• Personal CV or a P11 Personal History Form, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references;
• Read and agree to the General Terms & Conditions;
• Click the ‘apply’icon and complete what is required;
• If an applicant is employed by an organization/company/institution, and he/she expects his/her employer to charge a management fee in the process of releasing him/her to UNDP under Reimbursable Loan Agreement (RLA), the applicant must indicate at this point, and ensure that all such costs are duly incorporated in the financial proposal submitted to UNDP.
• Scan all documents into 1 pdf folder and then upload;
• For clarification question, please email to procurement.my@undp.org. The clarification question deadline is three (3) days before the closing. When emailing for clarification questions, please put "MyIC/2017/049" as the subject matter.
• Incomplete proposals may not be considered.

Forms and General terms & conditions to be downloaded:

• The UN Personal History Form (P11) is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/P11%20for%20SC%20&%20IC.doc?download
• Letter of Confirmation of Interest and Availability at: http://www.my.undp.org/content/dam/malaysia/docs/Procurement/Letter%20of%20Interest%20_Annex%201.docx?download
• The Financial Proposal Template at: http://www.my.undp.org/content/dam/malaysia/docs/Procurement/Financial%20Proposal%20Template.doc?download
• The General Terms & Conditions for Individual contract is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/General%20Conditions%20of%20Contract%20for%20IC.pdf?download
• The General Terms & Conditions for Reimbursement Loan Agreement is available at:http://www.my.undp.org/content/dam/malaysia/docs/Procurement/Reimbursable%20Loan%20Agreement%20_%20Terms%20&%20Conditions.pdf?download 

Important Note:

• This Consultancy position is only accepted online. Email submission is not valid;
• Applicant must READ and ACCEPT the General Terms and Conditions;
• The system DOES NOT accept multiple document upload. Please scan all the documents and save into one (1) PDF file and upload.