TERMS OF REFERENCE NATIONAL INDIVIDUAL CONSULTANT - GAP ANALYSIS ON SEXUAL VIOLENCE IN KENYA

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1 TERMS OF REFERENCE NATIONAL INDIVIDUAL CONSULTANT - GAP ANALYSIS ON SEXUAL VIOLENCE IN KENYA Title of Post: National Individual Consultant Gap Analysis in sexual violence in Kenya Number of positions: One (1) Location: Nairobi, Kenya Type of contract: Individual Contract (IC) Duration of Initial Contract: 30 working days Language: English Application Deadline: Close of business ( 5.00 p.m.) on Thursday, 08 November (Nairobi Kenya) 1. Background Sexual violence (SV) has been a recurrent feature during elections in Kenya. Kenya is a State Party to key international and regional human rights treaties and conventions that require state action to prevent sexual violence and ensure remedies. Since 2007/08 Kenya has developed an extensive set of laws, policies and standard operating procedures on prevention and response to SV to its existing policy and legal framework, which essentially impose obligations on duty bearers to prevent SV. Yet, during the recent elections in 2017, the Kenya National Commission on Human Rights with the support of the Office of the High Commissioner for Human Rights(OHCHR) documented 131 electoral related SV cases perpetrated against women/girls and men/boys. A vast majority of the SV survivors face insurmountable challenges in accessing medical care and justice, raising deep concern why Kenya s strengthened institutional and legislative frameworks have not lead to prevention and more effective responses to SV. It is against this background that OHCHR have joined hands with UN Women and Physicians for Human Rights (PHR) and other stakeholders to conduct a gap analysis study to review through a combination of quantitative and qualitative methodology the institutional challenges that undermine effective prevention and response to SV in elections. To this end, OHCHR is seeking a consultant to support the lead consultant to conduct of the gap analysis in Nairobi and counties in Nyanza and Western Kenya. 2. Assignment Objective 1

2 The objective of the gap analysis is to build a body of evidence to identify priority gaps and support the formulation of concrete short and medium-term measures that should be pursued by duty bearers to ensure effective prevention and response to SV in the next elections (2022). 3. Scope of the work Under the direct supervision of the lead consultant and in close coordination with OHCHR s Senior Human Rights Adviser, UN Women and PHR, the consultant shall: - a. Develop quantitative data collection tools for undertaking research on the SV prevention and emergency institutional response during the 2017 elections. b. Give input into qualitative data collection tools for undertaking research on the SV prevention and emergency institutional response during the 2017 elections. c. Undertake field research in Nairobi and counties in Western and Nyanza Kenya. d. Produce high quality concise report: - ii. With accurate data, trends and patterns on institutional capacity-including preparedness,gaps and challenges-on prevention, mitigation and response to SV inclusive of electoral period, especially in hotspot areas, and in the context of unrest and violence. iii. With a set of concrete recommendations on how to strengthen institutional capacity to prevent, mitigate and respond to SV in a coordinated manner including during electoral period. iv. With accurate data, trends and patterns on SV survivors access to medical and legal assistance from institutions mandated to prevent and repond to SV including electoral period especially in hotspot areas and in context of unrest and violence; and with a set of recommendations on how to enhance survivors access to comprehensive essential services including medical and legal assistance e. Support the lead consultant to generate overall high quality concise report that will be presented at a high-level workshop to non-state and state actors including duty-bearers working on prevention and response to SV, in early-march Duration of the Assignment The consultancy will be for 30 working days. 5. Deliverables a. Concise and comprehensive quantatitive data collection tool for undertaking the Gap Analysis. b. Concise and comprehensive revised qualitative data collection tool for undertaking the Gap Analysis. c. Concise and comprehensive draft report incorporating field findings of the Gap Analysis. d. Concise and comprehensive final report of the Gap Analysis incorporating input from stakeholders. 6. Intellectual Property All information pertaining to this consultancy (documentary, audio, digital, cyber, project documents, etc) belonging to OHCHR, which the Individual consultant may come into contact with in the performance of his/her, duties under this consultancy shall remain the property of the OHCHR who shall have exclusive rights over their use. Except for purposes of this assignment, the information shall not be disclosed to the public nor used in whatever without written permission of OHCHR in line with the national and International Copyright Laws applicable. 2

3 7. Contractual arrangements and supervision The individual consultant will be hired under UN terms of contract and supervised by the lead consultant solely for the purpose of delivering the above outputs, within the agreed time frame. The individual consultant will report to OHCHR s Senior Human Rights Adviser. OHCHR as the client shall provide necessary support to the individual consultant in order to execute the assignment during the duration of the consultancy. These shall include:- To convene workshops for purposes of validating the data collection tools and validating the draft report. Facilitate conduct of field research by meeting transport and accommodation costs incurred during the field research. 8. Expertise and Qualifications Hold a bachelor s in economics, public health, demography, statistics, public administration, social sciences and advanced university degree in social science, international affairs or related disciple. Additional professional qualification in human rights will be an added advantage. A minimum of 10 years of professional experience in undertaking high quantitative and qualitative research at national and/or international levels in the areas of human rights analysis, data collection, indicator measurement and monitoring, methodological development data interpretation, knowledge management and other areas of applied statistics, is required. Proven experience in conducting surveys, needs and/or capacity assessment on existing data, statistical capacity from a social science and human rights perspectives. Demonstrable knowledge and deep understanding of Kenya s legal, policy, institutional and administrative measures in respect of prevention and response to SV will be an added advantage. Ability to multi-task in a high-pressure environment and able to respond to ad-hoc request at short notice. Excellent interpersonal, diplomacy skills and communication and presentation skills. In addition to these, the researcher should meet the following criteria: Have fluency in English, excellent writing skills and demonstrable capacity to work with diverse stakeholders, including Government of Kenya officials, civil society organizations and grassroots organisations. Demonstrate the ability and capacity to undertake the assignment. This should include details of similar assignments. Must have appreciation of gender dynamics in the country, be gender-sensitive and committed to human rights. 9. Payment Timelines The Individual consultant s payment shall be based on the financial proposal developed for this consultancy. Payment shall be made in three installments of; o 20% down payment upon submission of an inception report acceptable to OHCHR o 40% upon submission of an acceptable draft documentary; and o 40% final payment upon submission of the final outputs, incorporating suggestions and recommendations from the OHCHR. Duty Station 3

4 Home based with required travel to the counties to meet the right holders and duty bearers and meetings at OHCHR s Office based on need. The project will facilitate for travel to the field. Evaluation Criteria Evaluation Criteria I. Academic Qualifications Hold a bachelor s in economics, demography, statistics, public administration, social sciences and advanced university degree in social science, international affairs or related disciple. Additional professional qualification in human rights will be an added advantage. II.Experience A minimum of 10 years of professional experience in undertaking high quantitative and qualitative research at national and/or international levels in the areas of human rights analysis, data collection, indicator measurement and monitoring, methodological development data interpretation, knowledge management and other areas of applied statistics, is required. Proven experience in conducting surveys, needs and/or capacity assessment on existing data, statistical capacity from a social science and human rights perspectives. Demonstrable knowledge and deep understanding of Kenya s legal, policy, institutional and administrative measures in respect of prevention and response to SV will be an added advantage. Score III.Language Have fluency in English, demonstrated excellent writing skills (any publications etc) IV. Competencies Have fluency in English, excellent writing skills and demonstrable capacity to work with diverse stakeholders, including Government of Kenya officials, civil society organizations and grassroots organizations. Demonstrate the ability and capacity to undertake the assignment. This should include details of similar assignments. Must have appreciation of gender dynamics in the country, be gender-sensitive and committed to human rights. Only candidates obtaining a minimum (70%) on technical evaluation will be considered for the Financial Evaluation. Financial evaluation (maximum 30 points): The following formula will be used to evaluate financial proposal: p = y (μ/z), where p = points for the financial proposal being evaluated y = maximum number of points for the financial proposal μ = price of the lowest priced proposal z = price of the proposal being evaluated 4

5 Submission of the Financial Proposal Applicants are instructed to submit their daily rate financial proposals in Kenya Shillings using the financial proposal template provided (Offerors letter to UNDP) The financial proposal should be all-inclusive and include a breakdown. The term all-inclusive implies that all costs (professional fees, travel related expenses, communications, utilities, consumables, insurance, etc.) that could possibly be incurred by the Contractor are already factored into the financial proposal. Application process. Interested and qualified candidates should submit their applications which should include the following: 1. UNDP Personal History Form (P11) - template provided 2. Detailed Curriculum Vitae 3. Proposal for implementing the assignment - template provided 4. Offerors letter to UNDP- template provided Applications should be sent to consultants.ken@undp.org to reach us not later than Close of business ( 5.00 p.m) on Thursday 08 November 2018 (Nairobi Kenya) Please quote KEN/IC/2018/035 GAP Analysis on Sexual Violence in Kenya on the subject line. Firms are not eligible for this consultancy assignment. Open to individual consultants only. All applicants are advised that following the United Nations Secretary General s Bulletin on Special Measures for Protection from Sexual Exploitation and Sexual Abuse, ( the United Nation has zero tolerance to sexual exploitation and abuse. DO NOT COPY ANY OTHER RECIPIENT 5