Consultancy to Conduct the RBC Audit (Eligible to Individual National Consultants only)

Background Information about MESPT

Micro-Enterprises Support Programme Trust (MESPT) is a Kenyan development organization established in 2002. The Trust’s overall objective is to promote economic growth, employment creation and poverty alleviation through enterprise development. This is achieved predominantly through support to the development of agricultural value chains whilst embracing and promoting the green growth and climate change agenda. Through its vision of building a more Prosperous Society, MESPT facilitates increased commercialization, decent employment, and green transformation through targeted interventions in the selected value chains. The Trust is a multi-donor entity jointly founded by the Government of Kenya and the European Union who later relinquished their position to the Royal Danish Embassy in Kenya, Ministry of Foreign Affairs of Denmark (DANIDA). To learn more about MESPT, please visit www.mespt.org.

Project Description and Results

Danida Market Development Partnership (DMDP) Programme is designed to give an opportunity to enterprises that are keen on delivering towards Sustainable Development Goals (SDGs). The programme brings commercial and non-commercial actors together in partnerships to promote sustainable business, development and employment opportunities contributing to SDGs 8 (Decent Work and Economic Growth) and 17 (Partnerships for Sustainable Development).

The programme is expected to further green the programme interventions by embedding sustainability and green growth practices in the banana value chain in Taita Taveta County; leading to increased income and employment opportunities. In specific farmers will be expected to integrate nature-based farming solutions and adopt eco-friendly post-harvest management practices, while the commercial partners will be expected to embrace circular solutions leading to competitiveness of the banana value chain enhanced, commercial businesses long-term viability assured, incomes and decent jobs improved and sustained.

Programme Goal: – The overall objective of the proposed activities is to contribute to poverty reduction, climate adaptation and mitigation by embedding sustainability and green growth practices in the banana value chain in Taita Taveta County leading to increased income and employment opportunities.

Programme Outcomes: –

1. Improved competitiveness and Market access of the Banana value chain.
2. Enhanced biodiversity, climate resilience and reduced emissions in the banana Value chain.
3. Sustainable business case and partnerships for socially & environmental responsible enterprises and investments

Programme Outputs

1. Increased adoption of climate smart and regenerative agricultural practices in banana production amongst the smallholder farmers.
2. Increased adoption of eco-friendly practices in harvesting, storage, and aggregation of banana through linkages to BDS, market and financial service providers.
3. Increased adoption of circular options/ solutions in banana processing and value addition by commercial partners.
4. Increased socially and environmentally responsible investments through inclusive green growth, adoption of circular solutions and responsible business conduct by commercial partners and other key partners in the banana sector.

Direct beneficiary

2000 smallholder banana farmers in Taveta sub-county

Value chain

• Banana
• Complementary crops (potential for inter cropping)

Key Commercial Partners

• Wanda Agriculture Group Limited- commercial partner
• Orana A/S- commercial partner

Other Partners

• County Government of Taveta County
• TATABA
• Ziada Solutions

Target Location

• County- Taita Taveta

Specific location – Taveta Subcounty

Programme lifespan

years: (2020 – 2025)

Purpose of Responsible Business Conduct (RBC)Audit

Responsible Business Conduct Audit in DMDP will seek to perform an independent assessment of the human rights, environment, labour and anti-corruption issues emanating from the banana value chain activities and actors in Taveta Sub County. Focus will be placed on examining whether a system for addressing RBC issues in the project and sub-project activities are functional and adequately resourced and whether implementation of mitigation measures and established mechanisms in line with the RBC framework is well elaborated. Based on audit findings, gap-filling and enhancement measures with agreed action plans will be recommended for the project going forward.

Specific objectives of Responsible Business Conduct (RBC)Audit

MESPT together with WAG and ORANA would like to conduct an RBC audit of the project as a part of its commitment to accountability, transparency, and responsiveness to the local communities, beneficiaries/rights holders, and stakeholders by examining, assessing, and analysing all project activities and service delivery performances for determining the extent to which the implementation of the program design has contributed to redressing issues that derive from banana value chain activities. More specifically,

• To undertake a Responsible Business Conduct Assessment and review and/or improve on the RBC Action Plan for programme operations related to human and workers’ rights, environment, and anti-corruption as per the commitments in the DMDP programme on the UN and OECD guidelines of its different components.
• To analyze, evaluate and propose measures to prevent, control, mitigate, restore and/or compensate the potential Human Rights, Anti-Corruption, Labour, and Environmental impacts in the banana value chain.
• Review existing framework for consultation/stakeholder engagement on RBC issues including an analysis of interested and affected parties, documenting key requirements, and responsiveness of programme interventions.
• Develop and recommend other RBC instruments detailing requirements, in particular to guide sustainability of RBC after the project closure and its components, including recommendations for changes to the project RBC implementation model.
• Support commercial partners in RBC assessment by holding meaningful consultations, review strategies and approaches for effective RBC system established in their respective operations.

Principles underpinning the approach to DMDP RBC Audit shall stem from the UN and OECD RBC guidelines:

Human rights

• Businesses/ Programme interventions should support and respect the protection of internationally proclaimed human rights; and make sure that they are not complicit in human rights abuses.

Labour

• Businesses/ Programme interventions should uphold the freedom of association and the effective recognition of the right to collective bargaining;

1. the elimination of all forms of forced and compulsory labour;
2. the effective abolition of child labour; and
3. The elimination of discrimination in respect of employment and occupation.

Environment

• Businesses/ Programme interventions should support a precautionary approach to environmental challenges.
• undertake initiatives to promote greater environmental responsibility; and
• encourage the development and diffusion of environmentally friendly technologies

Anti-corruption:

• Businesses/ Programme interventions should work against corruption in all its forms, including extortion and bribery.

The RBC Audit will take a value chain approach covering the factors surrounding the entire ecosystem of the banana sub sector and business service provision that cuts across them: –

• Input supply
• Banana production
• Aggregation/collection & post-Harvest Management
• Processing & Value Addition
• Market systems

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 judgment 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 finalized. 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.
• Analyze 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 upgrade 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.

Budget

The maximum available budget for this assignment is KES 450,000 inclusive of all applicable taxes and the suitable candidate will be selected based on their technical proposal. MESPT will meet travel costs for the consultant as logistical costs such as meeting costs with interviewees and payment of enumerators while in Taveta.

Payment Schedule

A. After submission & acceptance of the Inception report – 30%

B. After submission & acceptance of the Draft report – 30%

C. After submission & acceptance of the Final RBC report – 40 %

Total 100%

Duration of the assignment shall be 20 days.

It shall include the

a. Preparation of the Inception report – 5 days

b. Data collection – 7 days

c. Preparation of the draft RBC Audit Report – 5 days

d. Validation meeting – 0.5 days

e. Review and submission of the final RBC Audit report – 2.5 days