Baseline Study & Readiness Assessment for Mainstreaming of Results Based Social Certification Systems in the Horticulture Sector in Kenya

Jun 22, 2017

Baseline Study & Readiness Assessment for Mainstreaming of Results Based Social Certification Systems in the Horticulture Sector in Kenya

Terms of Reference

1. Introduction

The Kenya Human Rights Commission and Workers Rights Watch are currently engaged in a partnership on the implementation of a four year project dubbed “Results Based Social Certification Systems: Certify Satisfy”. 

 

The project which is funded by the Hivos Foundation, seeks to influence certification bodies and other relevant stakeholders in the horticulture sector to adopt systems that support monitoring of actual results to workers. 

The project offers the much needed paradigm shift from auditing techniques focused more on tick boxes, verification and compliance to emphasis on monitoring mechanisms that deliver actual results especially to workers.

Towards this end, we seek to undertake a baseline study on existing social certification systems in the horticulture sector with a view to assess their utility and the actual results delivered to workers.

 The baseline study will have a three-prong approach; 

1) an impact assessment, 

2) a readiness assessment and, 

3) a training needs assessment.

In the Impact Assessment we seek to interrogate the actual impact of the current social certification schemes on the socio-economic aspects of workers’ lives as well as impact on certified companies and host communities. 

The readiness assessment will explore the extent to which horticulture companies and certification bodies are prepared and willing to engage in the RBSC project and the feasibility of the uptake and adoption of RBSC systems by the sector. 

The training needs on the other hand will establish relevant areas of capacity strengthening for workers, trade union representatives (specifically shop stewards and branch officials), managers, independent evaluators and certification bodies towards effective implementation of results based social certification systems in the sector.  

2. About The Organisations

The Kenya Human Rights Commission

The KHRC is a premier non-governmental organization established in 1992 and registered in Kenya in 1994. Its founders and staff have initiated human rights struggles that have resulted in democratic reforms in Kenya. 

KHRC is committed to enhancing human rights centred governance at all levels with a vision to secure human rights state and societies; and a mission to “foster human rights, democratic values, human dignity and social justice at all levels”.

KHRC’s broad interventions at national, regional and international levels are executed under four programmes namely; 

1) Economic and Social Justice (ESJ), 

2) Transformative Justice (TJ), 

3) Political Pluralism and Diversity (PPD), 

4) Institutional Support and Development (ISD).

The project “Results Based Social Certification Systems: Certify Satisfy” is anchored within the ESJ programme whose thematic areas include labour rights, corporate accountability and trade justice. 

Over the years, KHRC has been pivotal in advancing the human rights discourse in the horticulture sector in Kenya through sustained campaigns, research studies and capacity strengthening for workers.

Workers Rights Watch (WRW)

WRW is a non-governmental organization registered in 2000 and whose membership comprises shop stewards and key leaders in Kenya.

The mandate of WRW is to foster collaborative dialogue between workers and actors who affect and those affected by their work. In promoting this dialogue, WRW believes that complimentary role exists between non-governmental organizations and other stakeholders. 

It takes cognizance of the restrictive nature of the current provision of the rights to organize and that workers representatives especially at the shop floor level are vulnerable to intimidation by both the management and top union leadership.

WRW’s ultimate aim is to ensure that workers leaders at the shop floor level and neighbourhood communities have an opportunity to consult and promote corporate citizenship and good working conditions. 

The vision of WRW is “To have workplaces free from violation of workers’ rights” and its mission is “To provide a workers’ and neighbouring community with rights based approach founded on dignity, equality, vibrancy and justice for all”.

3. Background to the assignment

Kenya has a long history of growing horticultural crops for both domestic and export markets. Kenya’s ideal tropical climatic conditions make it favourable for horticulture production and development. 

Currently the horticulture industry is the fastest growing agricultural sub-sector and is ranked third in terms of foreign exchange earnings from exports after tourism and tea; generating over 70 billion Kenya shillings annually. 

Fruits, vegetables and cut flower production are the main aspects of horticultural production in Kenya. In 2015, the sub-sector which employs over 6 million Kenyans directly and indirectly, contributed 1.45% to the national GDP Research Solutions Africa, (2015). Report of a Study  on Fresh Vegetables Market in Kenya . 

The growth of the sector has seen the need for tougher regulations in a bid to promote food safety, uphold labour standards and protect the environment. 

While the government has supported in policy and regulation of the sector, private actors have developed voluntary mechanisms to ensure amenability with the stringent and complex requirements of the horticultural compliance framework of the European Union (EU) market. 

To a large extent it can be argued that development of certification standards has been an attempt to ‘a race to the top’ by producers and retailers in the north as opposed to the all common ‘race to the bottom’ in which case producers aim at maintaining the cost of production at the lowest. 

Moreover, while in the past price and visual aspects of a produce were the major purchase criteria, increasingly the intrinsic quality of food has become a much more important parameter. 

With shifting consumer needs and demands, private standards and codes, and voluntary labelling schemes are rapidly proliferating.

However, even with the proliferation of market standards and codes, labour standards remain wanting in most of the horticulture farms in Kenya as indeed across the region. 

The sector is still riddled with poor working conditions ranging from long hours of work, poor pay, poor transport systems, inadequate maternity protection for female employees, limited right to organize and to bargain collectively and ineffective grievance resolution mechanisms.

The lack of accountability by these standards pertaining to environment and social issues is partly because most of them are process standards, and are increasingly privately owned. 

To this extent, the standards are ‘only’ accountable to consumer response; many have no government backing or recognition, and there is no way of regulating them. 

There have thus been calls to correct this perceived democratic deficit and to bring private standards into a more democratically accountable framework.

Further, there have been arguments that the major drive for southern producers embracing certification schemes is the quest to access markets in the north rather than a genuine need to engage in ethical and sustainable production. 

It is also argued that the lack of baseline data and clear targets against which standards and certification are based, lack of ownership and participation by producers and southern workers, a weak trade union movement domestically have all contributed to the on-going commercialisation by certification organisations.

It is against this backdrop that Hivos supported the conceptualisation and design of the RBSC systems project with a view to explore the extent to which existing certification standards have delivered results to workers in the horticulture sector. 

The project envisages a future where certification moves from mere auditing techniques to results based monitoring mechanisms.

4. The Assignment
 

We are looking for a consultant with the capacity to undertake an in-depth baseline study that encompasses an impact assessment, a readiness assessment and a training needs assessment on the existing certification standards.

Specifically, the consultant will be expected to: 

a. Map out stakeholders relevant to the successful implementation of the RBSC systems.

b. Undertake an analysis (from primary and secondary sources) of the status of current certification systems to provide baseline data and the extent and impact of proliferation of certification standards.

• What needs to change in the current scheme of certification codes? Use an illustrative case study.

c. Identify measurable indicators and targets/benchmarks for social and environmental parameters against which the current certification systems are based and propose results based, measurable indicators for the RBSC project.

d. Identify capacity gaps (technical and operational capacities) for the various stakeholders mapped out in the baseline study and propose training areas.

e. Propose through a consultative process a multi-stakeholder/multi-sectoral action plan that clearly spells out the roles and responsibilities of respective stakeholders and provide a clear guide on who is responsible for what aspect of the RBSC  systems

f. Identify owners of certification standards and recommend to the project feasible ways of engaging with the certifying bodies/agencies and the owners of certification standards with specific focus on entry points.

g. Undertake a readiness assessment highlighting clearly the capacity, preparedness and willingness of relevant stakeholders and horticulture farms to take up results based social certification systems. The readiness assessment will also explore the presence or absence of champions for RBSC systems as well as possible incentives, organizational capacity, and barriers if any, to effective implementation of RBSC systems.

Deliverables (Tasks and Timelines)

Task   
 

1. An inception report that outlines the methodology (data collection methods, tools, sampling methodology etc) to be used, and the support expected from the contracting organisations    

Timeline: 3 days after signing the contract
 

2. A draft baseline report with clear analysis of the tasks described in 4 above and which incorporates an impact assessment, a readiness assessment and a training needs assessment and recommendations relevant to the project as they respond to 4 above
 

Timeline: 23 days after approval of the inception report
 

3. A revised report that satisfactorily incorporates feedback from Hivos, KHRC and WRW on the draft report.
 

Timeline: 4 days upon receipt of feedback on the draft report
 

4. Presentation of the findings of the report during the national validation meeting

Timeline: The validation meeting will be convened by the implementing partners within two weeks of receiving the final report.

5. A final report that incorporates feedback from the validation meeting

Timeline: 3 days after validation meeting

5. Timeframe: The consultant will be engaged for a period of 33 days starting from 1st July 2017 and will be expected to submit the final report on or before 31st August 2017.

6. Consultant is required to possess

• A Post-graduate degree preferably in Law, Agriculture, Economics or related course.


• Demonstrable experience in assignments of a similar nature, including interaction and understanding of the horticulture sector, its dynamics and the broad spectrum of certification standards (specifically on the social and environmental aspects of certification standards). 


• Professional experience in conducting research (data collection & analysis)


• Good analytical skills


• Excellent documentation and writing skills, attested by past written papers;


• Ability to meet project deadlines with no supervision.

7. Contents of the bid
 

The consultant should include the following information in the bid:

• Proposed methodology for the study


• Indicative timelines/detailed work plan


• Expected consultancy fee for this assignment including running costs (travel, accommodation, meals, communication costs etc incurred during the execution of this consultancy)


• Detailed profile of the applicant, indicative of previous relevant experience


• Reference for client for similar assignment


• At least a copy of a completed similar assignment


• Any other information relevant to this TOR

8. Contacts
 

Interested consultants (individuals and firms) with experience in executing similar assignments are invited to submit their expression of interest/bids by close of business on 23rd June 2017 addressed to consultancy@khrc.or.ke