Development of a Policy Brief on Affirmative Action in the Education Sector in Conflict Zones in Kenya

1.0 BACKGROUND/INTRODUCTION

The Anglican Development Services (ADS) is the Specialized Development arm of the Anglican Church responsible for spearheading social transformation work in Kenya. Our vision is a sustainable organization, which works with communities to attain a Godly and Dignified living. The History of the Church working in development began during colonial times, when missionaries built and ran schools and hospitals. Out of this early effort came out many schools that have produced competent people currently running our country. Today, most schools and hospitals have been taken over by the government. The church entered a new phase in the 1960s with the establishment of vocational training centers for the development of skills for those that graduated from these schools. In the 1970s the church was involved in development and humanitarian response. In 1980 and 1990s the ADS work focused more on social justice that saw the country grow political landscape in the country with Anglican Church Bishops spearheading the fight for improved political governance. In the 2000s ADS focused more on development including food security, economic empowerment, Health and HIV and AIDS. In 2015/2016 Church has continued to transform communities in areas of economic empowerment, food security, water and sanitation and climate change and resilience. This included participation in the climate change justice campaign by FBO that saw 600,000 petitions from Kenya presented to the Conference of Parties (COP) in Paris. In 2016 ADS participated in political mediation that produced a memorandum that provided a road map to the resolution of the independent boundaries electoral commission stalemate. In 2017, ADS initiated the peace-building process in Transmara that culminated in the signing of a peace accord between the Kipsigis and Maasai communities.

2.0 CONTEXT ANALYSIS

The Sustainable Development Goal 16 (SDG 16) promotes peaceful and inclusive societies, recognizing the essential connection between positive human development outcomes and ending recurrent cycles of conflict and violence. Kenya has made significant progress in peacebuilding and conflict management, but certain regions, particularly arid and semi-arid areas, continue to experience persistent violent conflicts. These regions face numerous challenges such as resource scarcity, environmental degradation, and historical grievances that fuel tensions among different communities. The conflicts often revolve around competition for limited resources like land, water, and pasture for livestock, exacerbating existing social, economic, and political divisions. The conflicts have significant implications for the development and well-being of the affected communities, particularly in relation to the education sector. The persistent violence and insecurity have hindered access to education, disrupted school activities, and undermined the overall quality of education in these conflict zone areas. Students are forced to live in fear, with many unable to attend school due to safety concerns, resulting in increased dropout rates and limited educational opportunities while at other times learning is completely disrupted when other times classrooms are transformed into safety camps for displaced families.

The United Nations Convention on the Rights of the Child (UNCRC), ratified by Kenya in 1990, serves as a crucial framework for safeguarding the rights of children. The UNCRC recognizes that every child has the right to education, protection, and participation, among other rights. It emphasizes the importance of creating an environment that nurtures children’s physical, mental, social, and emotional well-being.

However, in conflict zone areas, the rights of children are often undermined or violated. The right to education is particularly affected, as conflicts disrupt schooling, expose children to violence, and force them into displacement. Children in these areas are denied their right to a quality education, which has long-term implications for their personal growth, social integration, and future opportunities.

The Optional Protocol to the Convention on the Rights of the Child on the Involvement of children in armed conflict (OPAC) and the Safe Schools Declaration are two significant instruments that aim to safeguard the rights of children during conflicts. OPAC prohibits the recruitment and use of children in the armed forces, while the Safe Schools Declaration seeks to protect educational institutions from attack and ensure access to safe and inclusive education.

It is imperative for Kenya, as a signatory to these international treaties, to uphold its obligations and commitments to protecting the rights of children in conflict zones. This requires taking proactive measures to prevent and mitigate the impact of conflicts on children, ensuring their safety, well-being, and access to quality education.

3.0 PROBLEM STATEMENT

ADS Kenya recently conducted a conflict analysis study in Baringo and Marsabit Counties, which revealed the adverse effects of conflict on the education sector. These conflicts disrupt schooling, expose children to violence, and result in the displacement of families, leading to a violation of children’s rights to education, protection, and holistic development. Despite Kenya’s commitment to international treaties on children’s rights, such as the United Nations Convention on the Rights of the Child (UNCRC), significant gaps remain in addressing the education needs and rights of children in conflict-affected areas. The findings of the Conflict Analysis study underscore the urgent need for interventions to address the challenges faced by children and promote access to quality education in conflict-affected areas. In light of these findings, ADS Kenya is seeking the services of a consultant to further investigate the impact of conflict on the education sector and develop actionable recommendations to mitigate its effects

4.0 OBJECTIVES

The consultant will develop an affirmative action policy brief on education in conflict zone areas in Kenya, with the following objectives:

1. Assess the impact of violent conflicts on the education sector in Baringo and Marsabit, focusing on the rights of children and their access to quality education.
2. Identify the key challenges and barriers faced by children in conflict-affected areas in realizing their right to education, considering factors such as violence, displacement, lack of infrastructure, and psychosocial trauma.
3. Review and analyze existing national and international policies, frameworks, and treaties related to children’s rights and education in conflict-affected areas, including the UNCRC, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OPAC), and the Safe Schools Declaration.
4. Propose affirmative action measures and strategies to address the identified challenges, promote children’s rights, and ensure access to quality education in conflict zone areas.
5. Provide recommendations for policy and programmatic interventions that promote peace, reconciliation, and inclusive education, taking into account the specific needs and context of Baringo and Marsabit.
6. Outline monitoring and evaluation mechanisms to assess the implementation and effectiveness of the proposed affirmative action measures in improving access to quality education and safeguarding the rights of children in conflict-affected areas.

5.0 DELIVERABLES

The consultant is expected to deliver the following:

• A comprehensive affirmative action policy brief on education in conflict zone areas, including an executive summary, introduction, background, analysis of challenges, policy recommendations, and monitoring and evaluation framework.
• A presentation summarizing the key findings, recommendations, and implementation strategies to stakeholders, including government officials, education authorities, civil society organizations, and development partners.
• A final report consolidating feedback received during stakeholder consultations and incorporating any additional recommendations or refinements.

6.0 METHODOLOGY

The consultant will employ a mixed-methods approach, combining desk research, data analysis, stakeholder consultations, and online meetings to assess the current situation and inform the development of the affirmative action policy brief. The methodology will involve reviewing existing reports, conducting interviews, focus group discussions, and engaging relevant stakeholders in the education and peacebuilding sectors.

7.0 TIME FRAME AND BUDGET

The consultant will work within a timeline of 3 weeks and should provide a detailed budget proposal outlining the required resources for conducting the research, analysis, consultations, and report development.

8.0 REPORTING AND COLLABORATION

The consultant will report to the ADS –K governance, peace, and advocacy Coordinator and collaborate closely with key stakeholders, including government entities, education officials and Child Rights organizations in developing the Policy Brief.

9.0 QUALIFICATIONS AND EXPERTISE

The consultant should possess the following qualifications and expertise:-

• A proven track record in conducting research and analysis in the field of conflict studies, education, or related areas.
• Demonstrated expertise in qualitative and quantitative research methods, data collection, and analysis.
• Familiarity with the education sector, children’s rights, peacebuilding, and conflict-sensitive approaches.
• Experience working in conflict-affected areas, preferably in Kenya or similar contexts.
• Strong knowledge of international treaties and frameworks related to children’s rights and education.
• Excellent oral and written communication skills, including the ability to present complex information in a clear and concise manner.
• Capacity to work effectively with diverse stakeholders, including government officials, education authorities, civil society organizations, and communities.
• Availability to undertake field visits to Baringo and Marsabit Counties as required.

10. APPLICATION REQUIREMENTS

Interested consultants are required to submit the following documents:

1. Detailed curriculum vitae highlighting relevant experience and qualifications.
2. A technical proposal outlining the proposed methodology, research plan, and tools for data collection and analysis.
3. Examples of previous work or research conducted in conflict-affected areas or related fields.
4. A financial proposal indicating the consultancy fees, anticipated expenses, and any other associated costs.