Background

The Pacific Agreement on Closer Economic Relations (PACER) Plus is a landmark trade and development Agreement that was signed in 2017 by the following countries:  Australia, Cook Islands, Kiribati, Nauru, New Zealand, Niue, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu. PACER Plus entered into force on 13 December 2020 with ten Parties (Australia, Cook Islands, Kiribati, New Zealand, Niue, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu) ratifying the Agreement.

The Implementing Arrangement for Development and Economic Cooperation and the Memorandum of Arrangement relating to the establishment of the PACER Plus Implementation Unit (PPIU), and its Constitution outlines the mandate and role of the PPIU to support Parties. The PPIU's mandate also extends to supporting Signatory countries to ratify the Agreement as well identify and assist other countries that are interested in being a Party to the Agreement. It is envisioned that growing the PACER Plus aiga (family) beyond the current membership will bring benefit to all Parties.

Samoa has been experiencing changes in its labour market dynamics, influenced significantly by the global labour market trends and domestic policy shifts. The Foreign Employee Employment Permit Policy 2018 (FEEP) is crucial in navigating these changes, ensuring that Samoa not only attracts necessary foreign skills and investments but also aligns with the broader developmental goals outlined in the Pathway for the Development Samoa (PDS). The Ministry of Commerce, Industry and Labour (MCIL) and the Ministry of the Prime Minister and Cabinet (Immigration) have initiated a One-Stop Shop arrangement to streamline the employment permit process. Despite this, challenges remain in the operational effectiveness of this arrangement and its alignment with other relevant policies and international obligations, including the PACER Plus Agreement.

This ToR outlines the framework for a comprehensive review and enhancement of the FEEP Policy, ensuring its alignment with national development goals, operational effectiveness, and international commitments.

ROLE, PURPOSE AND EXPECTED OUTCOME

Objective

To conduct a comprehensive review of the FEEP Policy 2018, assessing its alignment with PDS, other relevant policies/legislation, and its operational effectiveness, and to provide recommendations for its enhancement including the integration of PACER Plus obligations. The review will also consider how to integrate the Temporary Movement of Natural Persons (TMNP) obligations under the PACER Plus agreement into the FEEP Policy.

Outputs

• An inception report detailing the work plan, approach to risk mitigation, strategies for promoting self-sufficiency within MCIL, and any areas requiring further clarification.
• A presentation outlining initial findings and responses to objectives 1(i) – 1(viii) of the Samoan government request.
• A comprehensive report providing a thorough analysis and recommendations as per the assignment's objectives.

Primary Duties

1. Document Review: Comprehensive analysis of the FEEP Policy 2018, PDS, relevant immigration/citizenship policies, and PACER Plus Agreement.
2. Stakeholder Engagement: Conducting interviews and consultations with key stakeholders from MCIL, Immigration, and other relevant agencies.
3. Best Practices Analysis: Researching and presenting international best practices in foreign employee employment permit policies.
4. Policy Alignment Assessment: Evaluating the alignment of FEEP Policy with PDS, relevant legislation, and PACER Plus obligations.
5. Operational Effectiveness Assessment: Assessing the operational effectiveness of the One-Stop Shop arrangement between MCIL and Immigration.
6. Recommendation Development: Developing practical and actionable recommendations for policy enhancement.
7. Reporting: Compiling findings and recommendations into structured reports and presentations.
   
   The assignment is expected to be completed by 15 June 2023 within 12 weeks from the date of commencement. The tentative schedule is as follows:

• Weeks 1-3: Inception phase, document review, and initial stakeholder consultations.
• Weeks 4-6: In-depth analysis, stakeholder engagement, and best practices research.
• Weeks 7-10: Policy alignment assessment and operational effectiveness evaluation.
• Weeks 11-14: Development of recommendations and report drafting.
• Week 15: Finalization of reports and presentation preparation.

Qualifications and Experience

• Team Leader / Public Policy Expert: Must have at least 10 years of experience in policy analysis, preferably in employment or immigration policies. Responsible for overall project management, stakeholder engagement, and report drafting.
• Legal / Labour Market Expert: At least 8 years of experience in legal analysis, with a strong background in employment and immigration laws. Responsible for legal assessment of policies and international agreements.
• Key competencies: Expertise in labour market policy and/or public policy, experience in conducting policy reviews, experience in developing policy recommendations, strong analytical and writing skills, ability to work independently and as part of a team.

How to Apply?

Interested applicants are encouraged to complete PPIU Employment Application Form here and attach a Curriculum Vitae which contain contact details of three referees and submit online via the link above. Any clarification questions from applicants may be submitted by email to: [E-Mail not displayed]

Applications close on Monday, 4 December 2023 at 12:00PM (GMT+13:00).

PPIU is an equal opportunity employer and is committed to child protection. We encourage women, men and people living with disabilities to apply. Only short-listed candidates will be called for interviews.