Mali: CONSULTANT TO CONDUCT A STUDY ON REGIONAL POLICIES AND RESPONSE

1. Introduction: the FMM West Africa Project

The FMM West Africa Project,1 funded jointly by the EU and ECOWAS, supports the ECOWAS

Commission, ECOWAS Member States and Mauritania in maximizing the development potential of

free movement of persons and migration in West Africa.

To achieve this goal, the project has three broad objectives: first, to strengthen the capacity of the

ECOWAS Commission to act as a platform for migration policy development and intraregional

dialogue on free movement and migration issues; second, to build the capacities of ECOWAS

Member States and Mauritania in the areas of migration data management, migration policy

development, border management, labour migration and counter trafficking; and, finally, to promote

the active engagement of non-state actors and local authorities in information and protection

activities for the benefit of migrant and cross-border populations in West Africa.

1. The Context for Proposed Activities

Conflicts between farmers and mobile herders are not new to the West and Central Africa Region.

For over 4 decades, conflicts of varying scale have erupted between the two groups. While these

clashes are undeniably caused by dispute over the region’s already scarce resources, there are

several underlying factors including new land tenure laws in favour of decentralization, climate

change and conflict, impacting mobility and traditional migratory routes and patterns in the region

that also play a role. This project focuses on three countries in the region: Niger, Nigeria and Mali, in

which recurrent conflict has been reported over the past months, resulting most recently in over 40

deaths in Godogodo, central Nigeria in October 2016.2 According to “a series of reports published in

July 2015 by global humanitarian agency Mercy Corps, [...] the problem states stood to gain up to

$13.7 billion annually in total macroeconomic benefits if the conflict between herdsmen and farmers

was reduced to near-zero.”i Nigerian Minister of Agriculture and Rural Development, Chief Aubu

Ogbeh confirmed in June 2016 that “there is no better time to solve incessant clashes between

herders and farmers, the development of which is [taking] a huge toll on the economy.”[i]

Within the ECOWAS framework, not only is the free movement of people protected, but the free

movement of animals is as well. In addition, an international transhumance certificate, founded on a

mutual respect between transhumant status and national laws and legitimizing these movements, a

production strategy within ECOWAS was established. While this should in theory mitigate conflict, as

trans-human farmers are legally allowed to circulate, with their herds, from country to country,

following seasonal grazing patterns, it often actually exacerbates conflict. There is thus a need to

assess the implementation at the national level of regional policies on pastoralism, in particular the

ECOWAS Transhumance Protocol of 1998, as well as the African Union’s pan-African pastoral policy

so as to offer concrete recommendations on how ECOWAS and the Member States can revise or

adjust legislation and policy. This study will look at what mechanisms and policies in place are, how

effective (or not) they are (and by extension, whether affected population groups are aware of them)

and what areas need reinforcement/need to be revised. Indeed, a 2015 World Bank desk study on

land conflict, migration and citizenship highlights the lack of research on the impact of these regional

policies on pastoralism.ii

Recommendations will take into account national realities and challenges that concerned

governments are facing, but also the common patterns and regional challenges that they have to

manage together as members of ECOWAS.

The Nigerian government for instance has created a National Grazing Reserve Agency (NGRA), to

mitigate conflict by ensuring resource distribution/access to members of both parties from all

ECOWAS member states. However, this Agency has been contested nationally, largely due to

incomprehension and insufficient information.

Aside from the high volume of reported incidents and ensuing deaths between farming and mobile

herder populations in the three chosen countries, in Nigeria, members of the Imo State Union “have

expressed concern over the current state of affairs […and] ‘the escalating ethnic conflicts,’ in the

country.” iii In Mali, these clashes, which are also intertwined with ethnic conflicts and occur in

border communities with Niger, are getting mixed up with the, fundamentally unrelated,

Mouvement National de Liberation de L’Azawad (MNLA), thus fuelling both conflicts and further

politicizing differences.iv

1. Objectives of the consultancy

 The proposed consultancy seeks to conduct a study answering the following question: Why*

are free movement policies/legislation/practices unable to decrease agro-pastoral conflict *

in Mali, Nigeria and Niger, and to develop recommendations for ECOWAS.

 To inform government, stakeholder and partner policy and response, thus contributing to the

free movement of persons within the ECOWAS region and prevent future conflicts between

herders and farmers.

1. Functions of the Consultant

Under the overall supervision of IOM Regional Office Dakar and in close coordination with FMM

West Africa, IOM Niger, IOM Nigeria and IOM Mali, the consultant will perform the following tasks:

Conduct a desk review of existing policy, legislation and practices and gaps pertaining to

transhumance in Mali, Niger and Nigeria.

o Topics that should be explored include but are not limited to:

 Transhumance routes

 Nationality (take ID documents, or lack thereof, into consideration)

 Climate change

 Land tenure laws

 Domestication of ECOWAS Decision A/DEC.5/10/98 and Rule C/REG.3/01/03

 Availability and accessibility of information

 Decentralization tendencies

 African union policy

 Assess which actors on the ground are or could be more closely involved in developing and

enforcing such policy, legislation and practices

 Coordinate technical consultation with national stakeholders in the different countries

through field missions to finalize a coherent document reflecting the current situation.

 Formulate recommendations based on the desk research on how to improve existing

policies, legislations and practices and which are ineffective or, alternatively, missing to be

presented to ECOWAS

 Present the research findings and recommendations to relevant national and regional

stakeholders.

Expected Deliverables

 A detailed work plan (one week after the commencement of the consultancy) of the activities

to be undertaken stating specific timelines and outputs in line with the key functions;

 A detailed outline of the study to be produced to be submitted to IOM within 15 days from

the commencement of the consultancy

 A desk review report on both existing and missing policy, legislation and practice in terms of

transhumance in Niger, Nigeria and Mali;

 Brief field mission report

 Study

 A presentation of this study to relevant national and regional stakeholders to present

findings and recommendations, preferably in Abuja.

Management and Supervision

The consultant will perform the above-mentioned tasks under the overall coordination of IOM’s

Regional Office in Dakar (FMM Focal Point) in close collaboration with FMM West Africa, with regular

coordination with IOM Niger, Nigeria and Mali, partnering research institutions and local NGOs and

(non) governmental institutions and organizations involved in transhumance policy, legislation,

coordination and practice.

Desired qualifications

 Advanced university degree, preferably in Social Sciences, Political Sciences, International

Law, International Relations or other related field;

 A minimum of 5 years’ experience in the fields of regional integration, immigration, border

management, migration management, development cooperation, transhumance,

international law or related fiend;

 Experience in working for national or regional institutions, especially in areas related to

migration and transhumance.

 Previous experience in working in West Africa a distinct advantage;

 Experience in the development, review, and validation processes of public policy documents;

 Fluency in written and spoken English and French required.

Consultancy firms with relevant experience in conducting research in this field may also apply.

How to Apply

Interested candidates are invited to submit their cover letter and CV to the following email address—

rodakarepcteam@iom.int on or before December 16, 2016.

Applications should be addressed to The Department of Operations and Emergencies, International

Organization for Migration (IOM) RO Dakar and with a subject line Consultant, Research on

Transhumance Policy, Legislation and Practice in Niger, Nigeria and Mali.

All applications should include a functional e-mail address and mobile number.

Please note that only applications sent by email will be accepted and only shortlisted candidates

will be contacted.