Scope of the consultancy work

The Consultant team shall critically verify the scope of services indicated and may extend, reduce or amend those services wherever such is deemed necessary according to his/her own professional judgement and knowledge. Any suggested amendments to the ToR should be clearly documented within the Consultant team’s submission, including accompanying justification for the proposed amendments, and must be approved by the contracting parties – MESPT, WAG & ORANA.

Specific tasks to be undertaken.

Task 1: inception meeting, document review, gap analysis, adequacy assessment and workplan

• The consultant is required to review available documents provided by MESPT, including relevant documents related to the programme design and Implementation, International RBC Standards and supporting guidance notes, RBC Framework and Consolidated Action Plan, WAG and ORANA Supporting documents in RBC establishment.
• Following the analysis of this documentation, the Consultant shall identify gaps in baseline information. The adequacy of any proposed mitigation (in relation to achieving RBC).
• Prepare an inception report (with methodology and workplan). The inception report will be discussed with the DMPT Team and Commercial Partners, amended and finalised. The work plan, with accompanying detailed budget, will form the basis of the detailed terms of the assignment and shall be approved by MESPT and commercial partners prior to starting the work. The work plan will be routinely reviewed by the DMDP team during the assignment and adapted to reflect any change of circumstance.

Task 2 Pre-Field Phase

• Meeting and interviewing commercial partners, key stakeholders, County Government of Taita Taveta, banana farmers, Cooperatives, private service providers among other relevant people.
• All data collected must be disaggregated by geographical location, age, gender, and any other category of interest.
• Assess the potential RBC Issues in Human Rights, Anti-Corruption, Labour, and Environmental impacts in the banana value chain and identify of appropriate mitigation measures as well as evaluate existing arrangements to address them in the implementation of the DMDP.
• Jointly (Consultant and DMDP project team) evaluate the selection of field visit sites/communities/ employees/ Partners and operations to be consulted.
• Analyse institutional stakeholders relevant in the context of environmental and social safeguarding and include it in the work plan. These will include among others agencies, administrations, institutions and NGOs related to Human Rights, Wildlife, water resources management; forestry and agriculture; social welfare and health
• The Consultant will detail in the proposal the methodology and any other criteria adopted for the identification of the stakeholders to engage.

Task 3: Carry out field visits and consult with relevant stakeholders, based on the stakeholder engagement plan.

• Site visits and field work shall be carried out in cooperation with the DMPD Project staff, and any other relevant authorities as appropriate.
• Information shall be obtained from Banana Farming communities, using to the extent possible in the scope of work, participatory appraisal methods based on a mix of qualitative and quantitative data collection techniques, including focus group discussions.
• During the field visits particular attention should be paid to the local public views on Human rights, anti-corruption, environment, and labour redress systems imposed by DMDP activities observable on the ground and by Commercial Partners.

Task 4: Develop the RBC Audit Report

• The process of developing the RBC Audit Report will help to fill the gaps in information identified in the inception report and integrate the views and feedback provided by stakeholders in relation to the potential negative social and environmental impacts that accrue negatively within and without the banana value chain, as well as the appropriate mitigation measures. The Audit shall be undertaken by the Consultant in a structured manner, along the relevant national legislation and the requirements of DMDP/DGBP RBC guidelines.
• The RBC Audit Report shall serve as a framework for evaluating the management and mitigation of the Human Rights, Anti-Corruption, Labour, and Environmental issues associated with implementing DMDP activities within the Taveta Banana sub-landscape.
• Propose, recommend or improve upon the existing set of mitigating actions that have been specifically designed to avoid and address the potential RBC issues in DMDP interventions highlighted in the existing Action plan, and describe any underlying assumptions or caveats as the case may be
• Highlight opportunities for MESPT and Commercial Partners to enhance RBC in banana farming communities and value chain actors in its Interventions
• Review and upgrad RBC grievance mechanism and complaints resolution process that is aligned with the requirements of DMDP RBC framework as well as best international guidance such as the UN Guiding Principles on Business and Human Rights;
• Make recommendations on programme requirements (e.g. in terms of capacity, partners, resources, etc. That need to be in place) for ensuring that the mitigative responses are made effectively and in a timely manner, and describe the means for meeting those requirements (including an indicative budget, timeline and clear responsibilities);
• Propose progress and outcome indicators for monitoring the avoidance and mitigation measures, an estimate of the time period required for respective measures to become effective, and recommendation for the frequency of status monitoring and review.

RBC Audit Methodology

• RBC Audit will mainly adopt a blend of both quantitative and qualitative methods. The key data collection methods will include: – Document/ existing literature reviews, farmer Interviews, Focus Group Discussions, Key Informant Interviews with target beneficiaries and stakeholders. A detailed methodology, sampling approach and work schedule will be designed by the consultant and reviewed in consultation with the programme management team and commercial partners.
• The proposed methodology should bear in mind the coverage and diverse group of stakeholders and show clearly how reliable and meaningful information will be collected in an efficient, transparent and participatory manner.

Expected Deliverables

The Consultant will provide the following deliverables:

Inception Report:

• An inception report outlining the approach and work plan to be used in the Audit. This report will be 10 to 15 pages in length and will propose the methods, sources, and procedures to be used for data collection. It will also include a proposed timeline of activities and submission of deliverables.

Draft Final Report

• The draft final RBC Audit report will follow the same format as the final report and will be more than 40 pages in length.

Final RBC Audit Report

• The maximum length of the final report should not be more than 50 pages in length. The consultant is required to append the following items: – Terms of Reference, Data collection instruments, List of meetings/consultations attended, List of persons or organisations interviewed, List of documents/publications reviewed and cited, Updated RBC framework and Action Plan

Data analysis framework/ field reports

Qualifications and competencies

The lead consultant should have at least the following qualifications:

• An advanced university degree (preferably master’s degree) in International/Business Law, environmental Science and Management, Climate Change, Development Studies and other related social sciences/ disciplines.
• A minimum of at least 10 years’ experience in Corporate Sustainability and CSR, Responsible Business Conduct, Risk-based Due Diligence (Human Rights Due Diligence and Beyond), Social and Human Rights Impact Assessment, Soft, Hard and ’Smart’ Regulation of Development Interventions/Business Impact on Society.
• Areas of Expertise: Responsible Business Conduct Policy Development, Socio-environmental management, evaluation of socio-environmental impact in the agricultural sector, knowledge of the Social and Environmental Standards (SES) human rights, and/or accountability, anti-corruption compliance, public private sector engagement and Principles of UNDP, experience in working with international organizations in the sector.
• Registered Lead Expert with NEMA will be an added advantage.
• Knowledge and experience of the DANIDA/ DMDP System will be an added advantage.
• Excellent communication and interview skills.
• Excellent English report writing skills.
• Demonstrated ability to deliver quality results within strict deadlines.

Associate consultant(s) should have the following qualifications:

• University degree (preferably master’s degree) in International Law, sustainable development, environmental management, agriculture, development studies and other related disciplines.
• At least 7 years of experience working in human rights, and/or accountability, anti-corruption compliance, public private sector engagement, social and environmental impact assessment, and corporate social responsibility.
• Knowledge and experience of the DANIDA/ DMDP System
• Experience working in sustainable development issues will be advantage.
• Excellent communication, interview and report writing skills.
• Demonstrated ability to deliver quality results within strict deadlines.

Administration and logistical arrangements

• The consultant will report to DMDP Programme Manager and will work closely with the DMDP Team. The RBC Audit will be carried out with logistical support and services of the Programme.