Organization: HelpAge International
Deadline:4th of October 2013
Project:Hunger Safety Net Programme Phase II
Social Protection Rights Component
Call for a Consultancy to Development a HRBAD Training Manual
1.0 Background
In 2008, HelpAge International (HelpAge), with other organizations, commenced implementation of Phase I of the Government of Kenya led and DFID-financed Hunger Safety Net Programme (HSNP). The objective of Phase I (April 2007 – March 2012) was to design and pilot cost-effective mechanisms for beneficiary targeting, payment delivery and grievance management in four counties in Northern Kenya (Turkana, Marsabit, Mandera and Wajir).
The focus of this activity was to be a comparison of the cost-effectiveness of three different types of targeting methodology: a social pension (for all elderly people aged over a certain age threshold), community-based targeting (similar to the EMOP targeting process), and targeting based on household „dependency ratio‟. Phase II (2012-2017) is expected to roll out the mechanism developed in Phase I, along with the processes for payments and grievance management, to 150,000 households.
Beyond 2017 it is hoped that the Government of Kenya will carry the programme forward as part of an integrated national social protection strategy to include: effective integration of existing safety net programmes into a co-ordinated national social protection system, a commitment to social transfers as measured by spending on social transfer programmes as a percentage of national income, and an increase in the proportion of people receiving cash transfers relative to emergency food aid.
HelpAge is a global network of not-for-profit organizations with a vision of a world where older people fulfill their potential to lead active, dignified, healthy and secure lives. With more than 70 affiliates and 300 partners across more than 50 countries the HelpAge network brings together hundreds of organizations worldwide.
HelpAge has a secretariat with offices in London and Brussels, seven regional centers in Africa (2), Asia/Pacific (2), Latin America, the Caribbean and Central Asia in addition to country programme offices. HelpAge is responsible for implementing the Social Protection Rights component of the HSNP.
2.0 Human Rights Based Approach to Development
With the coming into being of the Universal Declaration of Human Rights (UDHR) in 1948 by the United Nations, Human rights entered the mainstream of global discourse. This was the first time the world recognized that that all humans are inherently entitled to rights.
Since there has been a multitude of international agreements that have fostered human rights including with women, children, people with disabilities and there are discussions currently on a convention for older people. However over the years there has been an artificial divide between civil and political on one hand and social and economic rights on the other.
Organizations such as Human Rights Watch and Amnesty International, used to focus primarily on documenting human rights violations on the civil and political issues, while others such as CARE international, HelpAge and OXFAM focused primarily on social and economic rights. This is no longer the case as most of these organizations work across the blurring lines of civil-political rights and Social-economic rights.
The mergence of “human rights organizations” and “development organizations” and the notion that rights are realized through duties to claim holders led to the development of the rights-based approach.
In 1993 the UN held the World Conference on Human Rights in Vienna; during this conference they developed the Vienna Declaration and Programme of Action, where they linked democracy, human rights, sustainability and development. This meeting provided the platform for the evolution of rights-based approach as they are understood now.
RBA has helped development in transition from the welfare model. If the state or another vehicle, such as an NGO, provides the absent good, then poverty can be alleviated and development will occur Offenheiser, Raymond; Holcombe, Susan (2003) “Challenges and Opportunities in Implementing a Rights-Based Approach to Development: An Oxfam America Perspective”. Nonprofit and Voluntary Sector Quarterly 32 (2): 268.
Much financing has gone into poverty reduction through the welfare model. Despite these finances, the gap between the rich and poor is widening and according to the World Development Report, nearly half of the world’s populations live on less than $2 a day Offenheiser, Raymond; Holcombe, Susan (2003) ibid.
Currently there is an under fulfillment of human rights, which has been directly linked with poverty Pogge, Thomas (2005). “World Poverty and Human Rights” Ethics and International Affairs 19 (1): 1.
The welfare model has no mechanism for holding the state accountable to use of public finances but also does not deal with limitation of citizens and the state in relation to claim holding and duty bearing respectively.
The inclusion of human rights into development discourse brings a moral resonance to development rhetoric. Rights are defined as entitlements that belong to all human beings regardless of race, ethnicity or socio-economic class Nussbaum, Martha (1998). “Capabilities and Human Rights” Fordham Law Review 66 (2).
All people are therefore holders of rights and there is a corresponding person to with a duty to provide these rights. States are arguably the primary duty bearer, NGOs and other private sector organizations such as Equity Bank, who is an agent of the state, may also have duty bearing roles.
In 2003, various organizations and agencies met to develop a “Common Understanding” of a human rights-based approach “Applying a HRBA to Developing Cooperation and Programming” UNDP Capacity Development Resource. Retrieved April 12, 2011.
This meeting resulted into the following main principles of Human Rights that guide RBA:
Universality and Inalienability;
Indivisibility;
Inter-Dependence and Inter-Relatedness;
Equality and Non-Discrimination;
Participation and Inclusion;
Accountability and Rule of Law.
3.0 HSNP and RBAs
During the development and early implementation period of Phase I of the programme, the Government of Kenya had worked on various legislations and policies that provided for the social and economic rights of poor and marginalized people.
These policies were however less effectively implemented. The Human Rights landscape has since changed greatly in law and practice. The passing of the new Constitution ushered in new developments for the realization of Social and Economic Rights for poor and marginalized people.
Many of these developments have occurred during the latter period of Phase I of the programme and will have a much greater impact on phase II. Some of these developments include the following:
The new Constitution, which sets the national values and principles of governance to include participation, non discrimination, transparency and accountability.
The development of The Social Protection Policy;
The passing of the Social Assistance act;
The setting up of the Integrated Public Complains and Referral Mechanism (IPCRM) in Wajir;
There has also been progressive appreciation by CSO partners that development is a Human Rights issue and operating in “charity” terms is both disempowering and unsustainable.
The national values and principles of governance in Kenya enshrined in article 10 of the Kenyan Constitution; which bind all State organs, State officers, public officers and all persons in interpreting any law or the constitution and in making or implementing public policies include the following:
Participation of the people;
Non-discrimination and protection of the marginalized;
Transparency and accountability.
These human rights principles form the foundation of the Social Protection Rights component which HelpAge will be providing for the Hunger Safety Net Programme.
Promoting the implementation of these principles by both claim holders and duty bearers will ensure the full and fair participation of poor and marginalized people within the HSNP, as well as empowering community members to begin to demand their rights more broadly.
3.0 Purpose of the Consultancy
The main purpose of the consultancy is to develop a training manual for use in training of claim holders and duty bearers in the counties where HSNP operates.
The duty bearers will be both National and County level state officials, while the claim holders will include partner NGOs and community level Rights Committees and Advocacy Groups.
The manual is expected to be used by the stakeholders involved in the HSNP Programme as well as any other actors working on Cash Transfers in the country.
4.0 Objectives of the Consultancy
The main objective of the consultancy is to develop a Rights Based Approach Training Manual that will be used to train claim holders and duty bearers in the HSNP.
5.0 Scope of the Assignment
The development of the manual will involve field visits in Turkana, Wajir, Marsabit and Mandera counties to assess the Social and Economic Rights Violations and how these violations can be remedied by the use of RBAs within the context of HSNP social protection rights and wider rights.
The assessments will include most of the stakeholders involved in HSNP. Based on these assessments a RBA manual for HSNP will be developed.
6.0 Methodology
The Manual development should be led through a participatory approach involving the direct beneficiaries of the HSNP, Local and National Government representatives, partner NGOs, Rights Committees and Advocacy Groups.
The possible methods for data collection include but are not necessarily limited to:
Document reviews;
Interviews with claim holders and duty bearers;
Focus group discussions;
Key informant interviews.
7.0 Time and Duration
The consultancy should be finalized within 20 days of signing the contract.
8.0 Candidate profile
Education: Minimum a Masters Degree in law, development studies or equivalent combination of education and experience in a related area.
Experience and understanding of Rights Based Approaches;
Demonstrated experience in development of documents (supporting documents appreciated);
Familiarity with participatory approaches.
9.0 Application Procedure
Applications should be made in soft copy including CVs and samples of previous work.
All Applications should include the following:
1. A cover letter (maximum 1 page)
2. A technical proposal (max 8 pages): The technical proposal should include:
a. brief explanation about the consultant with particular emphasis on previous experience in this kind of work;
b. profile of the Consultant to be involved in undertaking the evaluation;
c. Understanding of the TOR and the task to be accomplished;
d. Proposed approach and methodology
e. draft work plan;
f. Structure of the expected final report:
3. Samples of work: At least two samples of previous work.
4. A financial proposal.
Send in your applications by 4th of October 2013 to hr@helpage.co.ke and helpage@helpage.co.ke
copy in jmaganya@helpage.co.ke
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