TERMS OF REFERENCE (TOR) FOR CONSULTANCY TO DEVELOP A MODEL
HUMAN RIGHTS DUE DILIGENCE TOOL
REFERENCE NUMBER: TIK/NRCG/002/2023
DESCRIPTION: Consultancy to develop a Model Human Rights Due Diligence Tool
POSTING DATE: 17th April 2023
DEADLINE FOR SUBMISSION OF BIDS EXTENDED FROM: 24th April 2023 to 5th May 2023.
Location: Nairobi
Organizational Profile
Transparency International Kenya (TI-Kenya) is a not-for-profit
organization founded in 1999 in Kenya with the aim of developing a
transparent and corruption-free society through good governance and
social justice initiatives. TI-Kenya is one of the autonomous chapters
of the global Transparency International movement that are all bound by a
common vision of a corruption-free world. TI-Kenya’s vision is “A
corruption-free Society”. The mission is to champion the fight against
corruption by promoting integrity, transparency and accountability.
Project Background
TI-Kenya Natural Resources and Climate Governance strategic area is
aimed at addressing misgovernance of natural resources and environment;
corruption; inadequate knowledge/information; as well as non-
transparent natural resources and climate governance processes. The
priority focus sectors are land, extractives, environment, energy, and
the blue economy.
In line with this strategic focus area, TI-Kenya is implementing a
project on ‘’Enabling the Business and Human Rights agenda in
conflict-affected settings in Kenya’’. The project seeks to engage
stakeholders in the energy and extractives sectors towards
avoiding/reducing conflicts attributed to investments in the energy and
extractive sectors. The project will focus on Marsabit and Kwale
Counties. One important tool that informs companies’ human-rights-based
approach to investment is the human rights due diligence tool. A Model
Human Rights Due Diligence Tool developed in line with the constitution,
and relevant policies, laws
and regulations can guide companies to develop tools that protect human
rights in their areas of operation.Purpose of the Assignment
Conflicts in areas with significant investment in the energy and
extractives sector have become more frequent, claiming lives and
livelihoods. Some of these conflicts are associated with the approach
taken by the companies that need to be cognizant of the rights of local
communities, including non-participatory compulsory acquisition of land
and benefit sharing. Under the new action plan 2023 - 2028, TI-Kenya has
committed to enhancing the sustainable use and equitable sharing of
natural resources to protect
communities' socio-economic rights.
TI-Kenya seeks a consultant to develop a Model Human-Rights Due Diligence Tool guided by international principles on a human-rights-based approach and local policies, laws, and regulations governing Kenya's energy and extractive sectors. The Due Diligence Tool will guide companies on the kind of tool to develop and the rationale for developing a due diligence tool. The goal is to facilitate compliance with the Bill of Rights in the Constitution of Kenya, 2010, which binds all natural and legal persons, including businesses.
The tool will further facilitate compliance with the United Nations
Guiding Principles on Business and Human Rights (UNGPs), which reaffirms
States’ duty to protect those under their jurisdiction from business-
related human rights abuses, business responsibility to respect human
rights, and the requirement for both States and business to ensure that
victims of such abuses have access to an effective remedy. While the
project focuses only on Marsabit and Kwale Counties, the model tool
should guide companies working across the counties and provide a basis
for civil society organizations and other stakeholders to hold
companies accountable.
Scope of the Assignment
The assignment shall cover the following scope:
(i) Mapping of companies working in the energy and extractives sector in the country.
(ii) In-depth analysis of conflicts between communities and companies working in the energy and extractives sector.
(iii) Perform a policy and institutional frameworks review on the governance of the sector with a focus on human rights.
(iv) Probe for the existence (or lack thereof) of due diligence
processes carried out by companies in the energy and extractives Sector
that are consistent with the National Action Plan on Business and Human
Rights.
(v) Develop a Model Human Rights Due Diligence Tool informed by lessons
learnt from implementing company-specific tools and local experiences.
(vi) Consider the outcomes and recommendations of the human rights
impact assessments reports published by TI-Kenya and International Alert
for Marsabit and Kwale counties, and the Enabling Business and Human
Rights Annual Conference Report of 2022.(vii) Validate the Tool and
include all the feedback from the relevant stakeholders.
Deliverables
The consultant shall be expected to deliver the following:
- Inception report consisting of the preliminary desk review and updated work plan showing how the consultant intends to carry out the assignment.
- A Model Human Rights Due Diligence Tool (Draft and final)
- A detailed tool guided by the above scope.
DURATION: The assignment is expected to take 30 working days.
Qualifications of the Consultant
- Post-graduate degree in law, environment and natural resources or related field
- Minimum of 10 years of experience and competence in legal protection, economic and social rights, project management, risk management, and familiarity with the energy and extractives sectors.
- Demonstrable experience conducting similar tasks.
How to apply
Application Process
Qualified candidates should submit a document of not more than 10 pages, including
- Expression of interest (including methodology and work plan)
- Curriculum Vitae, including contact details of at least two referees.
- Financial bid detailing cost for the above deliverables
- Evidence of previous relevant work undertaken
- Two reference letters of previous work done
NB: This bid is open to both individuals and organizations.
Submission of Bids
The deadline for submission of expressions of interest is 24th April
2023. Applications should be sent by email to procurement@tikenya.org.
Please indicate: “TIK/NRCG/002/2023-Consultancy to develop a Model
Human-Rights Due Diligence Tool for companies/investors,” in the subject
line of your email application.
Complaints Process
This call for Expression of Interest does not constitute a solicitation and TI-Kenya reserves the right to
change or cancel the requirement at any time during the EOI process. TI-Kenya also reserves the right to
require compliance with additional conditions as and when issuing the final solicitation documents.
Submitting a reply to a call for EOI does not automatically guarantee receipt of the solicitation documents
when issued. Invitations to bid or requests for proposals will be issued in accordance with TI-Kenya rules
and procedures. Any grievances and or complaints arising from the evaluation process and final tender award
can be addressed, in writing, to the Executive Director and the Transparency International -Kenya Tender
Complaints Committee.
The Executive Director
Transparency International Kenya
Kindaruma Road, Off Ring Road Kilimani
Gate 713, House No. 4
P.O Box 198-00200
Nairobi.
Or email complaints@tikenya.org