Back Baseline Assessments of Legislation on Foreigners Integration - Focusing on Access to Healthcare

Project Context and Scope
This project aims to strengthen Serbia’s migration and asylum governance while fostering a more positive and informed public perception of migrants, asylum-seekers, and refugees. Through targeted research, communication strategies, and community-based activities, it works to counter negative narratives and promote social cohesion and integration. A key policy-focused component seeks to enhance the asylum system and support the integration of foreigners by addressing legislative gaps and improving institutional coordination.    Within this framework, the purpose of this TOR is to engage a consultant to develop a comprehensive baseline assessment of access to healthcare in the Republic of Serbia for different categories of foreigners. The assessment will analyze the rights to healthcare of different groups such as asylum seekers, refugees, irregular migrants, foreigners with work permits, and other categories of migrants. It will also map the existing legal frameworks regulating access to healthcare for these groups. By providing a comprehensive overview of the current situation, baseline assessment will shape future policy development, help address identified gaps, and strengthen institutional coordination between migration and health authorities.   Background Information: Serbia remained one of key countries on WB route for nationals of third countries attempting to reach the EU. The dynamics of mixed migration have continued to evolve, marked by frequent changes in migration trends, routes, nationalities, family status, and categories of migrants. These shifts have posed significant challenges for government institutions, requiring flexible responses in migration management and the provision of services to migrant populations. Over the past three years, Serbia has witnessed significant changes in mixed migration flows, reflecting broader dynamics. The migration route through the Republic of Serbia had its maximum number of arrivals in 2022, when a total of 124,127 migrants were recorded in the government reception centres, while in 2023 a total of 108,828 migrants were recorded[1],  This number decreased significantly in 2024 with total 19,483 migrants recorded by KIRS in reception and asylum centres, which represents a significant decrease of 82.10% compared to 2023. At the same time, there has been a notable shift from irregular to regular migration, with Serbia recording a substantial rise in the number of foreign nationals, migrant workers, entering the country through legal channels.    The rise in migrant workers highlights Serbia’s complex migration dynamics as a country of transit, destination, and origin. This complexity underscores the importance of analyzing access to services, in particular healthcare, as a key element of protection for different categories of foreigners.   Following government priorities, IOM, through the EU-funded MADAD project, supported the strengthening of the health system and access to health services for migrants and asylum seekers in reception centres. This included the establishment of designated examination room within the centres and the deployment of medical teams—doctors, nurses, psychologists, and interpreters—providing primary healthcare and, when needed, referred to secondary and tertiary care. The Ministry of Health overtook responsibility for the organization of services, while access to healthcare for migrants and asylum seekers continued to be financed by the EU, through agreement with the Ministry of Health. Despite progress, challenges in healthcare provision remain an obstacle to ensure adequate protection for migrants. These challenges include the financial sustainability of services (given that a part of healthcare provision, especially in reception centres, is project-financed), administrative and referral procedures, and the standardization of medical services across institutions and levels of care.   Evaluations of the MADAD project highlighted the importance of continuous capacity building of state institutions, better budget planning and ensuring that migrants and asylum seekers have uninterrupted access to primary and mental health services.

In line with these evaluation findings, and considering the current migration context in Serbia, there is a need for a comprehensive baseline assessment to map the legal framework, current practices, and existing gaps in access to healthcare for different categories of foreigners. This assessment will serve not only as the foundation for future policy development and alignment with EU priorities, but, more importantly, to improve access to health services and ensure stronger protection of migrants

[1] Data source Commissariat for Refugees and Migration of the Republic of Serbia (SCRM) Organizational Department / Unit to which the Consultant is contributing
“EU Support to Migration Management in Serbia - Fostering positive narrative on refugees and migrants, strengthening social cohesion and improvement of migration and asylum policies” - CS1267 Tasks to be performed under this contract
Under the “EU Support to Migration Management in Serbia - Fostering positive narrative on refugees and migrants, strengthening social cohesion and improvement of migration and asylum policies” implemented in partnership with UNHCR, in cooperation with the Commissariat for Refugees and Migration of Republic of Serbia (SCRM), the IOM Serbia is seeking a consultant to develop Baseline assessments of legislation on foreigners ‘integration- focusing on access to healthcare. The objective of this consultancy is to develop a baseline assessment, that will provide a comprehensive overview of access to healthcare services for different categories of foreigners in Serbia, including asylum seekers, refugees, irregular migrants, migrant workers, and other groups. The assessment aims to analyze the legal framework, policies, and practices regulating healthcare provision, identify existing gaps and challenges, and highlight areas where institutional coordination can be improved. The findings will serve as a foundation for evidence-based policy development, alignment with EU standards, and the design of targeted measures to ensure equitable and sustainable access to healthcare for all foreigners.   Under direct supervision of IOM National Protection Coordinator and overall supervision of the Chief of Mission, and in close coordination with the designated focal point of the SCRM, the incumbent will be responsible for the following tasks under the present Terms of Reference:

• Map and review the existing legal frameworks and regulations that provide access to healthcare for each migrant group, including access to mental health services
• Identify gaps in legal provisions and actual practices, with particular attention to groups at risk to face significant obstacles in accessing the formal healthcare system.
• Map the institutional framework and roles of key stakeholders including health insurance fund
• Assess practices regarding access to primary, secondary, tertiary healthcare, including availability and accessibility of mental health and psychosocial support services for different migrant groups 
• Conduct interviews or focus group discussions with key government stakeholders, international organizations, civil society actors, and healthcare providers
• Map challenges, gaps, and good practices in providing healthcare to migrants, including mental healthcare provision.
• Produce a comprehensive baseline assessment report summarizing findings with actionable recommendations for improving access to healthcare and institutional coordination.
• Present draft findings to IOM, Commissariat and Ministry of Health for feedback
• Finalize the report by incorporating comments and ensuring it is suitable for policy use

  The Consultancy and its tasks hereunder shall be performed during the period December 2025 – January 2026 through up to 30 working days to carry out the entire assignment. The fee will be paid to the Consultant in one instalment, upon completion by the Consultant of the tasks above as specified in these terms of reference, subject to satisfactory completion of the assessment, and as endorsed by SCRM and IOM.    Performance indicators for the evaluation of results

  • Prepared Inception Report for the Baseline with methodology and workplan.
  • Prepared Draft Baseline in line with the defined tasks.
  • Prepared Final Baseline document with recommendations for specific legal and procedural adjustments.
  • Prepare brief/presentation of the findings and recommendations for stakeholders Education
    • University degree in Law, Medicine or any other relevant field with a minimum of five years of relevant professional experience in healthcare or a comparable field Experience
      • Previous experience in migration, especially in migration health, with focus on legal protection and integration
      • Sound experience in research, especially in the areas of human rights in the context of migration, including displacement, and emergency contexts.
      • Experience working with international organizations, especially the UN and EU institutions  Skills
        • Strong analytical, writing and reporting skills, with the ability to convey information clearly and succinctly 
        • Ability to foster collaboration and facilitate discussions on sensitive topics and to adapt content to various audiences.
        • Excellent knowledge of legislation in the field of healthcare, protection and migration governance and migration management in Serbia.
        • Strong research and technical background Languages
          • Fluency in English and Serbian. IOM’s official languages are English, French and Spanish. Proficiency of language(s) required will be specifically evaluated during the selection process, which may include written and/or oral assessments.   Travel required
            • Travel is not required. Required Competencies   IOM’s competency framework can be found at this link. Competencies will be assessed during the selection process.   Values - all IOM staff members must abide by and demonstrate these three values:
            • Inclusion and respect for diversity: Respects and promotes individual and cultural differences. Encourages diversity and inclusion.
          • Integrity and transparency: Maintains high ethical standards and acts in a manner consistent with organizational principles/rules and standards of conduct.
        • Professionalism: Demonstrates ability to work in a composed, competent and committed manner and exercises careful judgment in meeting day-to-day challenges.
      • Courage: Demonstrates willingness to take a stand on issues of importance.
    • Empathy: Shows compassion for others, makes people feel safe, respected and fairly treated. Core Competencies – behavioural indicators
    • Teamwork: Develops and promotes effective collaboration within and across units to achieve shared goals and optimize results.
  • Delivering results: Produces and delivers quality results in a service-oriented and timely manner. Is action oriented and committed to achieving agreed outcomes.
• Managing and sharing knowledge: Continuously seeks to learn, share knowledge and innovate.