KHRC Consultancy to Conduct an Assessment

Expression of Interest (EoI) for Consultancy Services:Consultancy to Conduct an Assessment of the Possible Implications of the EAC-EU EPA on Kenyan Agricultural Sector and its Compatibility on the WTO Rules
 

Introduction: The Kenya Human Rights Commission (KHRC) is a non-governmental organization (NGO) which was founded in 1992 and registered in Kenya in 1994 with a mandate to entrench human rights and democratic values in the society. 

The KHRC envisions a human rights state and society and outlines its mission as to foster human rights, democratic values, human dignity and social justice. 

This mission and vision are driven by the goal or enhancing human rights centered governance at all levels from community to international levels. 

KHRC works at community level with human rights networks (HURINETS) across Kenya and links community, national and international human rights concerns. 

KHRC acknowledges that poverty is closely related to human rights violations and addressing it requires focus on economic and social rights. Agriculture has for long been said to be the backbone of Kenya’s economy and the source of employment and livelihoods for the majority workers and small scale farmers. 

It is therefore significant that KHRC’s community based partners are concerned that young male heads of households are increasingly unable to meet the basic needs of their families (food, education, shelter, health etc). 

The resulting frustration is closely linked to unrest and violence not only within the family but also nationally as manifested through: youth unemployment; proliferation of militias; insecurity;  migration of unskilled labour including female workers to places where their rights as workers are not guaranteed; and decline in access to social services such as education, health care and water. The majority poor and the marginalised are most vulnerable. 

KHRC will use its competency on economic rights and social justice to contribute towards improving livelihoods through access to rights and service delivery and trade justice through the two strategic objectives described below.

• Strategic Objective 1: Producers’, workers’, consumers’ and host communities’ rights protected.
• Strategic Objective 2: Improved accountability in service delivery leads to improved access to ESCR in select counties.

1. KHRC Engagement in the EPA Process: KHRC has actively engaged stakeholders in the EAC-EU EPA processes for nearly a decade. Using a rights-based approach and through partnering with like-minded institutions and organizations (government, private sector, civil society organizations, media, parliamentarians and the public)

KHRC has organized a series of meetings and capacity building at all levels (national, regional, and international), conducted advocacy based research, conducted workshops, trainings, press briefings, TV and radio interviews, newspaper articles, demonstrations as well as through a court case on participation (petition 1174/2007) on behalf of small-scale farmers. 

The ruling made by the high court compelled the Kenyan government to devise a negotiations framework that ensures participation of non-state actors as well as publishes all information on negotiations in at least two local dailies. 
 

The EPA process for genuine reasons overstretched beyond its allocated timelines with negotiating parties spending long hours, months and years on critical and contentious issues of negotiations. 

To unlock the EPA debacles, diplomatic tactics were employed by the negotiating parties (EAC and the EU) such as threats to withdraw market access preferences (MAR 1528/2007), political pressures by powerful lobbies, promises of Aid for Trade as part of the development support, imposition of tariffs subject to ratifications among others. 
 

The signing of the EAC-EU EPA negotiations on October 14, 2014 marked the beginning of yet another long, highly technical and possible contentious process of both ratification and implementation of the agreement. 

Although the impacts are not easy to measure or predict, the devil is in the details, and only sector specific assessments will expose the possible impacts.

In order to understand the likely scenarios, KHRC wishes to assess the EPA deal against any possible implications of the EPA deal to the agricultural sector as it is one of the sectors which are likely to be affected the most. 

While conducting this analysis, this research will assess the compatibility of the deal to the WTO rules as well as look into the future of EAC and EU relations. 

2. Objectives of the Assignment: The objective of the consultancy is to carry our an assessment of the impact of the EAC-EU EPA on the agricultural sector in Kenya with specific focus on a few products grown by small-sale farmers for purposes of export to the EU market. 

The assignment specifically looks at the likely impacts the deal might have on the trade between the EU and EAC and aims at recommending the necessary steps required by both parties in ensuring that small-scale farmers and producers of specific agricultural products are cushioned from any negative impacts from the EPA agreement. 

Some questions to be considered in this study include:

1. How compatible is the agreed EAC-EU EPA texts to the WTO rules and what are the likely implications to the EAC regional integration process?
2. What are the likely impacts of the agreed EAC-EU EPA deal on key agricultural sectors e.g. horticulture (flowers and beans), coffee, tea, sugarcane.
3. What is the legal ratification process and roles of institutions/stakeholders in Kenya and EAC in implementing the agreed EAC-EU EPA deal?
4. What is the way forward to the economic relationship between the EAC and the EU?

3. Scope of Services
 

The consultancy involves analyzing the already agreed EAC-EU EPA on the agricultural sector in Kenya and how compatible the deal is with the WTO rules. 

The study will interrogate the impacts of the deal to smallholder farmers and producers who grow for export to the EU market, possible implications to the local agricultural production. 

The study will further interrogate both the potential economic and social benefits and losses of the already agreed EAC-EU EPA agreement. 

4. Required Qualifications and Experience
 

KHRC’s Economic and Social Rights (ESR) program intends to engage a CONSULTANT for the assignment that should have the following experience, expertise and competencies;

• Possess excellent analytical skills, qualitative and quantitative research including data collection and analysis abilities.
• Demonstrate experience in engaging in the EAC-EU EPA negotiations, including understanding the trade policy making process in the EAC, WTO issues, agriculture sector policies and regulatory frameworks.
• Excellent documentation and writing skills, verified by previous written research papers. 
• Relevant academic qualifications; (Law, Economics, Political science Development studies and related fields)
• Ability to travel across Kenya, interact effectively with local communities, small-scale farmers and work as part of a technical team.
• Availability to meet tights project deadlines.
• In-depth understanding of human rights issues especially social and economic rights.
• Show passion and commitment to human rights and social justice. Attributes should extend to respect for diversity, integrity, equality and transparency.

5. Deliverables

• An inception report that outlines the methodology (tools, respondents and key literature review) to be used and the support expected from KHRC.
• A draft report on the implications of the EAC-EU EPA Negotiations to the Agriculture Sector, and its compatibility with the WTO Rules’ responding the questions referred to above.
• The draft report will be presented at an EAC-EU EPA regional workshop to be organized by KHRC
• Final report incorporating comments from the EAC-EU EPA regional workshop prior to publishing.

6. Duration of Assignment: The Duration of the assignment is expected to take 30 days from the date of commencement. 

7. How to Apply 
 

The consultant is expected to submit the following information:

• A proposed methodology.
• A detailed work plan with Timeframe.
• Financial proposal indicating the consultancy fees.
• Detailed profile of the applicant, with previous experience.
• At least a copy of a completed similar assignment.
• Profile of the Firm and/or CVs of the Consultants.

8. Contacts
 

Any interested consultants (firms and individuals) with relevant experience in conducting similar assignments are invited to submit their expression of Interest/bid by close of business on 16th December, 2014 addressed to FNjehu@khrc.or.ke and mark a copy to GChuchu@khrc.or.ke 

Only finalized bids will be considered and only shortlisted firms will be contacted. 

Kindly indicate “Consultancy to assess the possible Implications of the EAC-EU EPA negotiations on Kenya’s agriculture sector and its compatibility with the WTO rules.

Any form of canvassing will lead to automatic disqualification.