Printer-friendly versionSend by emailPDF version
Monitoring of Compliance and Implementation of African Union Policy Standards and Legal Instruments by Kenya

Fahamu, on behalf of the SOTU coalition, is seeking to engage a consultant researcher or team of researchers to conduct an assessment in Kenya to determine the level of compliance with and implementation of key AU legal instruments and policy standards and the impact of their implementation on citizens’ quality of life.

TERMS OF REFERENCE FOR COUNTRY RESEARCH TEAM

I. INTRODUCTION

The State of the Union (SOTU) is a coalition of civil society organisations working in ten African countries to advocate for the ratification, domestication and implementation of key African Union (AU) policy standards and legal instruments. These instruments cover issues ranging from governance, political, social and economic rights, to peace, security and development. Fourteen of them – ten legal instruments and four policy standards – if implemented, have tremendous promise for the lives of millions of Africans.

As part of its commitment, SOTU conducts bi-annual research to review country compliance and status of implementation of selected AU legal instruments and policy standards. The first State of the Union compliance reports were published in July 2010 and were well appreciated by the African Union Commission, AU member states and other interested stakeholders. The second reports, which were meant to review progress in terms of ratification and implementation at country level after the 2010 reports, were published in 2013 and were also very much appreciated by all the relevant stakeholders. After every publication, Fahamu undertook a series of activities in which the Kenya State of the Union compliance reports were disseminated to various universities, government and relevant civil society organisations.

The impact of the State of the Union compliance reports is starting to be felt in government policies as there is for instance a planned move by the Kenyan government to assess the level of compliance with the NEPAD[1] Comprehensive African Agricultural Development Plan (2003) following the devolvement of Agriculture to county governments. SOTU members are currently planning to launch a second round of reviews and publish national compliance reports by 30 April 2015.

II. CONSULTANCY OBJECTIVE

Fahamu, on behalf of the SOTU coalition, is seeking to engage a consultant researcher or team of researchers to conduct an assessment in Kenya to determine the level of compliance with and implementation of key AU legal instruments and policy standards and the impact of their implementation on citizens’ quality of life[2] .

The study seeks to establish the status of ratification, domestication and implementation of AU instruments, policy standards and decisions at country level—best practices and challenges—and strategies to enhance implementation and monitoring. The overall goal of the study is to review the progress of ratification, domestication and implementation made since the previous SOTU compliance report was published in May 2013. The findings and recommendations of the study will be used to engage with the Government of Kenya and other relevant policy makers.

III. RESEARCH METHODOLOGY

The researcher or team of researchers will design the methodology in collaboration with Fahamu. A combination of approaches is suggested: employing both quantitative and qualitative studies using secondary research findings, case studies and interviews with key stakeholders

IV. CONSULTANT’S DUTIES AND RESPONSIBILITIES
ORIENTATION

• Reading the 2010 and 2013 national and continental reports, AU legal instruments, policy standards and plans of action selected for the study;
• Reading and familiarisation with the research templates developed for the study (standards, indicators and research questions and guidelines for country level research);

MANAGEMENT

• Working closely with Fahamu and obtaining in-country support and guidance as needed;
• Work under the supervision of and guidance of the Lead Researcher through the SOTU Secretariat and reporting to Fahamu. Working closely and reporting on progress to the Lead Consultant Researcher and Fahamu.

RESEARCH ACTIVITIES

• Carrying out secondary and primary research and analysis on the implementation of identified policy standards and selected AU legal instruments and plans of action drawing on credible research by the Government of Kenya as well as other organisations both international and local;
• Hold face to face meetings and group discussions with key stakeholders to validate the draft findings and get in depth analysis;
• Incorporating feedback from the validation meetings at national level, selected peer reviewers and Fahamu in the draft report.
• Making recommendations for immediate implementation, a longer-term strategy, or further studies;
• Developing a final piece of research for Kenya in English and in a form fit to be published;

POST RESEARCH ACTIVITIES

• Present findings of the research at the validation and dissemination/launch meetings to provide an opportunity for the report to gain support from a wide section of interested parties;
• Commenting on the edited versions of the continental report compiled by the Lead Consultant Researcher to ensure that meanings have not been altered or information lost in the editing process.

V. EXPECTED OUTPUTS

• Draft and final Kenya country reports detailing the status of implementation of AU commitments, successes/challenges and suggestions on strategies to fast-track implementation and monitoring. The report will be structured as per the guidelines and table of contents template prepared by the Lead Consultant Researcher. The report is to be written in English—40 pages maximum excluding annexes;
• A Power point presentation of the report and presentation of the PowerPoint at two national level meetings: validation and dissemination/launch.

VI. TIMING

The assignment should be completed by 20 April 2015. The total number of working days under the contract should not exceed 25.

The consultant researcher will be managed by and will regularly report on progress of work on a weekly basis to the Lead Consultant Researcher for the Project and Fahamu on behalf of the SOTU coalition.

VII. REQUIRED SKILLS, EXPERIENCE AND COMPETENCIES

ESSENTIAL

• At least a Masters’ Degree in Social Sciences;
• At least eight years relevant working experience in research, data collection and analysis, and monitoring and evaluation involving projects of a multi-sectoral and multi-country nature;
• Experience in working with civil society and/ or with state representatives or African intergovernmental organisations; particularly the AU or Regional Economic Communities;
• Demonstrable knowledge of how to devise interview instruments and monitoring and evaluation templates;
• Experience in convening and moderating meetings/ focus groups/ interviews with diverse participants, such as senior officials and civil society representatives;
• Excellent report writing and research skills, including a proven track record in writing assessments, guidelines and evaluations. Ability to prepare succinct, analytical publications and reports;
• Strong interpersonal skills including a proven ability to liaise and mediate between a diverse group of stakeholders (civil society and government officials in particular);
• Fluency in spoken and written English (knowledge of Kiswahili is an asset);
• Excellent organisational skills including the ability to work with minimal supervision, to set priorities and to deliver tasks on time;

DESIRED

• Local contacts and experience working in Kenya, including in government and in civil society;
• Track record of managing a similar project, with limited budget and time, but with demonstrated results;
• Extensive knowledge of the AU legal instruments and policy standards in the areas of human rights, democracy and socio-economic development.

VIII. EXPRESSIONS OF INTEREST

Interested consultants resident in Kenya should email their applications together with the following to: [email][email protected]
• An up-to-date curriculum vitae with three referees;
• Cover letter indicating interest and a daily professional fees in US$;
• A summary of experience related to the required competencies and skills above;
• A sample of a previous similar assignment you have conducted;
• Submissions should reach Fahamu on or before 16 February 2015.

END NOTES

[1] NEPAD: The New Partnership for Africa’s Development
[2] These include the: African Charter on Human and People’ Rights (1990); AU Protocol to the African Charter on Human and People’s on the Rights of Women in Africa (2003); African Charter on the Rights and Welfare of the Child(1990), Abuja Call for Accelerated Action Towards Universal Access to HIV/AIDS, Tuberculosis, Malaria and Other Related Infectious Diseases Services (2001), Maputo Plan of Action for Sexual and Reproductive Health and Rights 2007-2010 (2006), Africa Health Strategy: 2007–2015, African Union Convention on Preventing and Combating Corruption (2003) and the African Charter on Democracy, Elections and Governance (2007) , Treaty Establishing the African Economic Community (Abuja Treaty), African youth Charter, African Convention on Conservation of Nature and Natural Resources, and the NEPAD-Comprehensive Africa Agricultural Development Plan (CAADP)