TERMS OF REFERENCE: CONSULTANCY ASSIGNMENT
Private sector interest survey and development of a business case in addressing GBV and Economic Exclusion of girls and young women in Kenya.

1. INTRODUCTION
The Girls Advocacy Alliance (GAA) programme is a lobby and advocacy programme jointly implemented by 3 Netherlands based organisations, namely Plan Netherlands, Terre des Hommes Nederland (TdH-NL) and Defence for Children-ECPAT with funding from and in partnership with the Ministry of Foreign Affairs of the Netherlands Government (Dialogue and Dissent – Strategic Partnerships framework). The programme aims at ending gender based violence and improving economic empowerment of girls and young women in Eastern Africa focusing on three countries; Kenya, Uganda and Ethiopia; the programme also has a regional focus, aimed at engaging with the regional bodies such as the AU and EAC.
TdH-NL is a child focused organization whose vision is ‘a world in which children are no longer exploited’, with a mission to prevent child exploitation, remove children from exploitative situations and ensure children develop in a safe environment. TdH-NL has been working in Kenya since 1968, focusing on prevention of Children from Worst Forms of Child Labour(WCL), Commercial Sexual Exploitation of Children(CSEC), Sexual Abuse and Child Trafficking(CT). TdHś intervention in Kenya within the GAA programme focuses on CT and CSEC.
PLAN International is an independent global child rights organisation committed to supporting vulnerable and marginalised children and their communities to be free from poverty. By actively connecting committed people with powerful ideas, Plan works to make positive, deep-rooted and lasting changes in children and young people’s lives.

Plan strives for a just world that advances children’s rights and equality for girls by engaging people and partners to:
• Empower children, young people and communities to make vital changes that tackle the root causes of discrimination against girls, exclusion and vulnerability
• Drive change in practice and policy at local, national and global levels through our reach, experience and knowledge of the realities children face
• Work with children and communities to prepare for and respond to crises and to overcome adversity
• Support the safe and successful progression of children from birth to adulthood.
Violence against girls and young women and the denial of their economic rights stand in the way of achieving substantive gender equality. Therefore, the GAA programme aims to contribute to the elimination of both forms of gender discrimination. As such, the long-term desired impact of the programme is to ensure that girls and young women are free from all forms of gender-based violence (GBV) and are economically empowered by 2030 in East Africa.

Initiated in January 2016, GAA is implementing a five-year programme in strategic partnership with and funded by The Dutch Ministry of Foreign Affairs (MFA) – focusing on Four (4) Strategic Goals:
1. Increased public support for the elimination of gender based violence and economic exclusion of girls and young women;
2. Increased capacity of civil society organisations and networks to influence government and corporate/private sector actors to eliminate gender based violence and economic exclusion of girls and young women;
3. Improved policies and practices of corporate/private sector actors in support of elimination of gender based violence and economic exclusion; and,
4. Effective implementation of legislation and public policies and improved practices of government actors in support of the prevention of gender based violence and economic exclusion of girls and young women.
The GAA Programme in Kenya will focus on economic empowerment especially affirmative action to increase decent job opportunities for vulnerable young women, while increasing the protection of vulnerable girls from sexual exploitation (through CM and commercial transactions) and child trafficking. Targeted areas are Kisumu East in Kisumu County, Kwale County (Matuga, Msambweni and Lunga Lunga sub counties) and Nairobi informal settlements in Nairobi County.
As part of national efforts to address these thematic areas, TdH-NL and PLAN International are working with partners implementing projects aimed at mitigating the identified issues. In order to support GAA activities particularly towards fulfilling Strategic Goals (2) and (3), the survey will inform GAA engagement in policy influencing, practise and implementation, as well as provide an overview of current global, regional and national policy and regulatory environment on gender and women’s rights.
This terms of reference is developed by the Kenya Alliance Team of Plan Kenya and Terre des Hommes Netherlands Kenya Office. We seek to undertake an Interest Survey of the private sector actors (formal and informal) in Kenya, and an analysis of gender sensitive CSR and workplace policies specifically those addressing Commercial Sexual Exploitation of Children, Child Trafficking and Child Marriage with a vision of a world in which all girls and young women are free from violence and discrimination, enjoy equal rights and opportunities to develop their potential, while benefitting equally from development outcomes. Further, conduct an assessment of policy framework in place to promote economic empowerment and decent work opportunities for girls and young women (female youth). The TOR also seeks the development of a business case using an integrated approach for GBV prevention and response, and for the economic empowerment of adolescent girls and young women by the private sector.

II. BACKGROUND
The issues of Economic Empowerment, CSEC, CT and CM are closely interlinked. Economic migration of children has been used as a guise to recruit children into CSEC, CM and has also been used for trafficking. According to a US State Department’s Trafficking In Person’s Report (2015); Kenya is a source, transit, and destination country for men, young women, and children trafficked for the purposes of forced labour and sexual exploitation. Most victims in domestic trafficking are sourced from rural areas and majority of those trafficked out of the country are sourced from low income urban areas, with girls being the majority.
According to a UNICEF Violence Against Children Report (2010), general disregard of child rights and violence against children is a serious problem in Kenya. Levels of violence prior to age 18 as reported by 18 – 24 year olds, indicate that during their childhood, 32% of females and 18% of males experience some form of sexual violence, with this clearly showing that girls are almost twice more vulnerable to sexual violence and exploitation than boys.
SGBV denies adolescent girls and young women the opportunity to develop and enjoy their rights, which subsequently denies them the chance to become socially and economically empowered. Because of cultural imposed norms, young women and girls often have to depend on parents and male relatives for economic support, opening them up to vulnerability by male predators. Limited access to education and strong social networks, further exacerbate young women’s vulnerability. Within the households and beyond, girls and women have less access to and control over resources and limited influence and decision-making power. In general, young women tend to have less access to meaningful employment, which is worsened also by the lack of opportunities that support transition to work and economic engagement. Even when at work, young women experience discrimination, earn lower pay and tend to occupy fewer leadership positions than their male counterparts.
Kenya has ratified several relevant international conventions like the Convention on the Elimination of all Forms of Violence (CEDAW) which builds on the principle of equality,and the elimination of gender-based discrimination. The Kenyan government has further passed several relevant legislation and policy frameworks to fight GBV, promote and protect women and children’s rights. Despite the ratifications of the conventions and government’s policies to fight GBV and promote economic empowerment of women, several gaps and weaknesses exists .
Employer and business associations are encouraged in working together to tackle gender discrimination issues, such as sexual harassment at the workplace, unequal pay, and safe working conditions, and labour and trade unions push for change. Some associations have already drafted relevant Code of Conducts and shared these among their members. However, the private sector seems to dismiss its corporate social responsibility and does not invest in TVET for deprived young women. It also does not see investment value in actively promoting opportunities for young women. Overall, the private sector still lacks sufficient commitment in fighting GBV and Economic Exclusion of girls and young women.**

**III. OVERALL OBJECTIVE OF THE CONSULTANCY
The purpose of the study is to provide the GAA programme with comprehensive information on specific potential partners from the private sector (formal and informal) which will facilitate the process of engagement and creation of partnership to implement the programme through CSR initiatives.
The study will prioritize the interest survey and develop a business case on gender equity and economic empowerment of vulnerable girls and young women in the selected communities, and will provide a comprehensive analysis of specific private sector actors; national and local companies (formal and informal) including the media, business alliances, associations and corporate foundations.
The survey process will also provide up-to-date information on the profiled private sector actors’ current workplace policies, regulations, practices and their implementation with a particular focus on the elimination of GBV and economic empowerment of girls and young women.
The study will identify gaps in the policies and practices as well as areas where no policies or practices exist,and make recommendations on necessary lobby and advocacy strategies for review and development of policies and practices that comprehensively address gaps identified within the GAA thematic areas.
The survey should examine existing initiatives, practices and approaches of Corporate Social Responsibility on child rights around the aforementioned themes and identify opportunities for partnership in support of the GAA´s lobby and advocacy activities with the PS.

1. Specific Objectives:
(i) Preparation
• Develop relevant study/research questions/research guide.
(ii) Interest Survey
• Establish in the Kenyan context, what trends accelerate private sector participation in social issues in the development sector.
• Determine which development sectors are favoured by corporate investments and why.
• Conduct a stakeholder analysis (within the private sector actors) on their level of interest and influence in regard to the provision of decent work for young women.
• Analyse the level of awareness/knowledge by the private sector on GBV and Economic Empowerment of adolescent girls and young women
• To map stakeholders relevant to the GAA programme within the private sector in the targeted communities at national and county levels, including key alliances and associations.
• Identify opportunities where private sector business interests are aligned with the GAA programme goals.
• Identify and profile at least 3-4 potential partners across the different sectors (formal and informal, at national and county level); listed with contact addresses and the most appropriate person to initiate a partnership discussion with, analyse their communication channels and their preferable area of engagement.
• Identify incentives and conditions that would could encourage a successful and sustainable partnership with the firms/companies listed for the GAA programme.
• To provide key pointers and recommendations to the GAA programme on the development of private sector engagement strategy.
(iii) CSR perspective
• To provide a general overview on CSR in Kenya, determine their core areas of focus, their modalities, their geographical focus and the kind and extent of support that they provide.
• Establish whether the CSR efforts by the private sector are coordinated and strategic. Determine their level of involvement with other stakeholders- companies, individuals, organisations, government.
• To map and analyse existing CSR policies, guidelines and initiatives on the elimination of GBV and the promotion of economic inclusion of girls and young women, and their gaps.
• Conduct an assessment and analyze the existing approaches and strategies being used by the private sector, identifying their strengths and potential weaknesses in addressing child rights issues, particularly around the GAA thematic areas; and make requisite recommendations to address these gaps.
(iv) Assessment of policy framework, regulations and practices
• Review existing national and local companies policies, regulations, practices and their enforcement in relation to the GAA Thematic areas of focus.
• Identify any existing gaps in the policies, regulations, practices; and their implementation and provide the necessary recommendations.
• Establish what government regulations or provisions exists that provides a framework for companies to implement need-based CSR activities.
• Establish the level of adoption of workplace policies and equal gender policies by the private sector; both formal and informal.
• Conduct an assessment of the existence of any international or regional frameworks on gender equality within the private sector and how effective they are or can be in stimulating policy change (opportunity for L&A) in Kenya.
• Establish the existence of monitoring and accountability mechanisms on the adoption and implementation of international and regional measures on protection of girls and women from GBV and promotion of Economic empowerment of young women
(v) Business case
• Establish some of the best models to guide the GAA team in venturing on private sector engagement.
• Establish the level of social engagement by the private sector and the availability of business cases in support of investment in vulnerable girls and young women.
• Establish the role of corporate and private sector actors in the elimination of GBV and promotion of economic empowerment of girls and young women
• Develop tailor-made dialogue starters/elevator pitches for the GAA programme for initiating discussions with executives in profiled companies and corporate foundations.
• Highlight how the GAA programme can support business leaders in adapting an integrated approach for their social initiatives.
• Develop a business case that integrates GBV prevention and response, and economic empowerment of adolescent girls and young women in light of the GAA programme goals. **
• b. Scope of Work
• Conduct desk review of existing information as per the objectives outlined above.
• Development of qualitative Data collection tools and sampling methodology.
• Conduct a pilot study/pre-test of the data collection tools for accuracy and reviewing for the study.
• Provide an Inception Report, which should espouse the Consultant’s understanding of the TOR, methodology and with a financial proposal.
• Conduct field study and collecting Data.
• Making necessary observations, compiling key information relevant to the study.
• Preparing a draft and final report on study findings, providing recommendations on emerging programming interventions and policy advocacy opportunities, as well as best practices on child protection approaches and initiatives.
• Conduct an interest survey of 3-4 private sector actors (companies, associations and alliances), including relevant state and non-state actors and networks. Assess interventions and strategies being applied to address and respond to child rights issues, analyze to establish the gaps and best practices of the identified interventions and strategies.
• Develop a business case with an integrated gender-based approach for building a partnership between the profiled private sector actors and the GAA programme.
• Develop dialogue starters/elevator pitches for the GAA for initiating discussions with executives in the profiled Private Sector actors.
c. Methodology
The Consultant is expected to develop a viable methodology process and methodologies that infuse qualitative approaches and comprehensive desk review. The final outputs of the process should provide the key outcomes on the aforementioned objectives.

d. Expected Deliverables
• Conduct the survey and provide recommendations.
• Produce Draft Report.
• Produce a Final Report.
• Produce a Draft business case.
• Produce a Final business case.
• Produce a 3-5 page policy brief of each of the thematic areas namely; Commercial Sexual Exploitation of Children, Child Marriage, Child Trafficking and Economic Exclusion.
e. Management and Timeframe
The Consultant will be supervised and guided jointly by Plan International and TdH-NL. It is expected that the Consultant will present an initial layout (inception phase) document, 2 (two) reports, a business case and policy briefs. The Consultant will also organize pilot testing of qualitative tools and refine these as necessary.
f. Duration of Assignment
The study will be conducted within a period of 40 consultancy days.

REQUIREMENTS AND QUALIFICATIONS
• An advanced degree in Law, Social Sciences, or any other related field of study
• Minimum 7 years’ proven experience in conducting private sector policy and interest survey and related studies/ research.
• Proven experience in developing a successful business case for social development.
• Good understanding of legal and policy frameworks on child rights and particularly the rights of women and girls in Kenya.
• Good understanding of socio-economic dynamics in Kenya.
• Demonstrable experience on capacity building on policy and advocacy, particularly around girls’ rights and gender equality.
• Proven research skills and facilitation experience.
• Experience working with NGOs, Government, Civil Society and Private Sector.
• Excellent analytical and reporting skills
• Fluency in written and spoken English **

HOW TO APPLY:
**TERMS AND CONDITIONS
The Consultant must be available to commence from 16th October 2017 and provide the final report within 40 consultancy days from the date of commencement.
The Consultant should adhere to general principles of professionalism and maintain confidentiality while handling sensitive information.

APPLICATION PROCESS
Interested applicants who meet the required profile are invited to submit an expression of interest (EOI) including:
• A suitability statement including CV of participating consultant(s) with details of qualifications and experience.
• Technical proposal that will explain how the objectives and expected outcomes of the consultancy will be delivered together with the proposed methodology/s.
• A Work plan clearly indicating the activity schedule.
• Financial proposal providing cost estimates and consultancy fees.
• Contacts of three organizations that have recently contracted you to carry out similar assignment.

HOW TO APPLY
The Expression of Interest documents should be submitted to recruitment.africa@tdh.nl latest by COB on October, 4th 2017.
If you have questions or are facing problems with the application process, please contact a.nyamu@tdh.nl. **