Call for a Comprehensive Assessment on the Level of Awareness of Rights and Legal Status among Refugees in Kenya - Kenya Red Cross

The full document can be accessed on the Kenya Red Cross Society website via the link below:

https://www.redcross.or.ke/uploads/tenders/pr432023PRF11494PRF11494-Callforacomprehensiveassessmentonthelevelofawarenessofrightsandlegalstatusamongrefugeesinkenya.pdf

    1. Purpose: Kenya Redcross Society seeks to undertake a comprehensive assessment on the level of awareness regarding refugee rights and other migrant populations in Kenya. The assessment should align with the provisions of the legal framework that protect the rights of refugees. In addition, the assessment should provide a detailed gap analysis of the challenges regarding awareness of the legal rights of the target population. The assessment should provide practical recommendations to all actors on the practical strategies for increasing refugee and legal rights awareness. Through a detailed report, the study anticipates achieving the following outcomes: Identification of challenges that migrants face in getting registered; Identification of gaps to enhance effectiveness in the implementation of policy and legal frameworks covering refugees’ access to services and livelihood opportunities and Identification of sustainable policy solutions to the needs and challenges in registration of refugees
    2. Partners: Lead Donor:Donor: Danish Red Cross Main Partners: Kenya Red Cross (KRCS), Grassroot Economics, Centre for Rights Education and Awareness (CREAW) and Regional Durable Solutions Secretariat (ReDSS)
    3. Duration: 2 Months (May -June 2023)
    4. Estimated Dates: 1st May to 30th June 2023.
    5. Geographical Location: Garissa and Turkana Counties
    6. Target Population: Refugees
    7. Deliverables: The expected deliverables for the study include the following:

1.7.1 Pre-assessment deliverables.

  1. Inception outlining the consultant’s understanding of the terms of reference of the assignment and should include a detailed work plan and budget.
  2. A detailed Research framework and design.
  3. Clearly developed tools for data collection, including the Key Informant Interview and Focus Group Discussion.
  4. Data analysis, interpretation and presentation plan.

1.7.2 Post-assessment deliverables.

  1. Draft assessment report.
  2. Dissemination plan for the report.
  3. Conduct validation and uptake workshops with identified stakeholders
    1. Methodology: The study will employ a mixed-methods approach consisting of a literature review and qualitative data sources, including Key Informant Interviews (KIIs) and Focus Group Discussions (FGDs).
    2. Evaluation Management Team: Kenyan Red Cross Society shall undertake all decision-making needs for this assignment as the lead implementing partner in consultation with the Danish Redcross (the Donor) and other implementing partners. In addition, the assignment shall be undertaken in consultation with an established study advisory group to ensure all the requirements are met.

2. Background Information

Kenya hosts 521,185 registered refugees (89%) and asylum seekers (11%) from neighbouring countries as of June 2021. 84% of these refugees and asylum seekers live in the counties of Turkana (40% in Kakuma refugee camp and Kalobeyei Integrated Settlement) and Garissa (44% in the Dadaab camps). Of the 47 counties in Kenya, Turkana has the third-lowest gross county product (GCP) per capita, and Garissa has the 14th lowest. Some 79 per cent and 66 per cent of the host populations live in poverty in Turkana and Garissa, respectively. Both counties rely mainly on livestock and agriculture to a lesser extent, for livelihoods. However, frequent droughts make such activities highly insecure.

Refugees in these counties have limited rights and are restricted in their movement according to the national encampment policy, and unregistered refugees are particularly vulnerable as they are considered illegal and at risk of arrest. Refugees technically have the right to work in Kenya, but in practice, this is limited due to challenges in obtaining a work permit.

In November 2021, Kenya’s President Uhuru Kenyatta signed the Refugee Act 2021. The Act recognizes the protection and management of refugees in Kenya. This law reaffirms the commitment of the Government of Kenya to offer protection to refugees giving new hope to over 500,000 refugees as it is meant to enhance their access to livelihoods and economic and social integration.

The Danish Red Cross, in partnership with the Kenya Red Cross (KRCS), Grassroot Economics, Centre for Rights Education and Awareness (CREAW) and Regional Durable Solutions Secretariat (ReDSS) is implementing the Resilience Health and Rights Project. The project seeks to contribute to building longer-term resilience by providing access to services and promoting rights for those affected by displacement whose vulnerabilities have been exacerbated by COVID-19. The project seeks to provide sustainable solutions and support to vulnerable displaced and host communities in Northern Kenya.

3. Evaluation Purpose & Scope

    1. Purpose

Kenya Red Cross Society (KRCS) estimates that camps/settlements host a high number of unregistered migrants, with more than 16,200 in Dadaab and more than 4,500 in Kalobeyei. Due to COVID-19 measures, borders and registration centres have been closed; hence the number of unregistered individuals continues to rise as cross-border displacement continues despite the Kenya – Somali and Kenya – Sudan borders remaining closed.

Registration and Identification of migrants is crucial to their legal and socio-economic inclusion. Therefore, the research study aims to evaluate how the Refugee Act 2021 and other legal frameworks facilitate an enabling environment for registering and identifying these migrants. Furthermore, registration and Identification are vital in facilitating access to services and livelihood opportunities. For example, a proof of identity credential, such as an ID card, can facilitate greater freedom of movement in the host country, empower refugees to open bank accounts, register for a SIM card and access online services and opportunities available to citizens everywhere. The study will consequently inform project interventions towards facilitating the registration of these migrants.

    1. Scope

The geographical scope of the research will be the two refugee hosting counties listed as project areas: Garissa and Turkana counties.

4. Research Objective

The specific objectives of the research study include:

  • Provide an understanding of challenges around the registration of refugees
  • Identify gaps in the implementation of policies concerning the registration of refugees
  • Highlight recommendations for areas in which implementation needs to be strengthened to facilitate refugee registration.

5. Methodology

The study will employ a mixed-methods approach consisting of a literature review and qualitative data sources, including Key Informant Interviews (KIIs) and Focus Group Discussions (FGDs).

    1. Desk Review

A desk review of relevant refugee-related policies and legislation and publicly available reports about refugees will be conducted. In addition, additional secondary literature and data sources on policy, legislation, and regulations will be reviewed. This comprehensive literature review forms the foundation of the analysis and informs the development of the data collection tools and a sample of key informants. References to the literature will be found in footnotes throughout the research study document.

    1. Key Informant Interviews & Focused Group Discussions

Key Informant Interviews and Focus Group Discussions Following the desk review, qualitative data collection will be conducted in Kenya. Discussion guides will be drafted based on the literature review, whereby gaps in understanding, legal points for validation, and triangulation points of live experiences will inform the questions. Key informants will be selected purposefully for their expert knowledge of target research areas and gaps in current understanding of the legal landscape and practice

6. Quality & Ethical Standards

The consultant shall take all reasonable steps to ensure the assessment is designed and conducted to respect and protect the rights and welfare of the people and communities involved. The consultant will also ensure that assessment is technically accurate and reliable, is conducted transparently and impartially, and contributes to organizational learning and accountability. Therefore, the consultant shall be required to adhere to applicable standards and practices as recommended by the International Federation of Red Cross and Red Crescent Societies.

  • Utility: Assessments must be useful and used.
  • Feasibility: Assessments must be realistic, diplomatic, and managed in a sensible, cost-effective manner.
  • Ethics & Legality: Assessments must be conducted ethically and legally, with particular regard for the welfare of those involved in and affected by the evaluation.
  • Impartiality & Independence: Assessments should be impartial, comprehensive and unbiased on the views of all stakeholders.
  • Transparency: Assessment activities should reflect an attitude of openness and transparency.
  • Accuracy: Assessments should be technically accurate, providing sufficient information about the data collection, analysis, and interpretation methods so that their worth or merit can be determined.
  • Participation: When feasible and appropriate, stakeholders should be consulted and meaningfully involved in the assessment process.
  • Collaboration: Collaboration between key operating partners in the assignment improves the legitimacy and utility of the assessment.

It is also expected that the assessment will respect the seven Fundamental Principles of the Red Cross and Red Crescent: 1) humanity, 2) impartiality, 3) neutrality, 4) independence, 5) voluntary service, 6) unity, and 7) universality.

7. Qualifications and Experience for Consultants

The consultant should have the following qualifications

  • Masters degree in international relations, development studies, political science, and/or economics
  • Minimum 10 years of proven experience in conducting similar assignments
  • Demonstrated experience in local governance, policy engagement, forced migration, and humanitarian/development field.
  • Strong knowledge of the refugee management system and refugee legal frameworks.
  • Strong analytical and writing skills with proven experience in producing high-quality research with the ability to present complex information in a simple and accessible manner.
  • Fluency in written and spoken English.

8. Management of the Assessment

Duration and Payment

The total expected duration to complete the assignment will be no more than 40 working days. The days are expected to run from 15th April 2023 to 30th June 2023. A report will follow there, after which it shall be submitted no later than 30th June 2023.

An initial payment of 40% of the total cost will be made upon signing the contract, and the remaining amounts once the work has been completed.

Research Outcomes and Deliverables

Through a detailed report, the study anticipates achieving the following outcomes:

  • Identification of challenges that migrants face in getting registered
  • Identification of gaps to enhance effectiveness in the implementation of policy and legal frameworks covering refugees’ access to services and livelihood opportunities.
  • Identification of sustainable policy solutions to the needs and challenges in the registration of refugees

Evaluation Management Team

The evaluation of bids will consider technical & financial qualifications supervised by the project partners and the advisory group. Further, it will check if documentation is well done per the requirements.

Technical & financial qualifications: the proposals submitted will be evaluated administratively before being considered for technical and financial evaluation. Hence, incomplete proposals will be rejected. Proposals for this assignment will be assessed based on the following criterion: -

  1. Technical qualification
  • Proven experience in working in similar contexts.
  • Demonstrated capacity to carry out similar tasks through shared works.
  • Strong writing and analytical skills.
  • Demonstrated technical capacity to complete the consultancy assignment on time.
  1. Financial qualification
  • A clear budget for the assignment will be vetted during the evaluation process. Failure to do this will lead to automatic disqualification.

9. Application Requirements

Application materials shall include:

  • A written response to this TOR in terms of a proposal detailing the technical understanding of the task, proposed methodologies of the survey, expected activities and deliverables, proposed work plans with schedule, and financial bids. See Annex 1
  • Detailed CVs of all professional (s) who will work on the evaluation. If there is more than one contractor on the proposed study team, please attach a table describing the level of effort (in number of days) of each team member in each of the evaluation activities. See Annex 3
  • At least 2 survey reports undertaken of similar programmes and context

Please also note that the people whose names appear in the team composition template MUST be the ones to undertake the survey. As such, they MUST be the ones to appear in person if the proposal moves to the interview stage.

All applications should be submitted electronically and in pdf format. Selected consultant shall be required to submit original copies of their documents before starting the assignment.

Please refer to Annex 1: Response proposal format on the required documentation.

10. Submission of Proposal

The bidders MUST provide a technical and financial proposal in two separate folders clearly marked “Technical Proposal + Name of the firm/consultant” and “Financial Proposal + Name of the firm/consultant” and subject be marked­: Tender No*. PRF11494Call for a comprehensive assessment on the level of awareness of rights and legal status among refugees in kenya.”*

The proposals must be sent on mail to tenders@redcross.or.ke by 19th April 2023 at 11:00 AM and should be addressed to:

Chairperson, Tender Committee

Kenya Red Cross Society

P.O Box 40712 - 00100

Nairobi, Kenya

Tenders will be opened in the presence of the bidders or their representatives who choose to attend our online tender opening meeting on the same day at noon. Interested bidders to confirm participation on mail tenders@redcross.or.ke and thereafter we will share the virtual link for the meeting.

How to apply

The bidders MUST provide a technical and financial proposal in two separate folders clearly marked “Technical Proposal + Name of the firm/consultant” and “Financial Proposal + Name of the firm/consultant” and subject be marked­: Tender No*. PRF11494Call for a comprehensive assessment on the level of awareness of rights and legal status among refugees in kenya.”*

The proposals must be sent on mail to tenders@redcross.or.ke by 19th April 2023 at 11:00 AM and should be addressed to:

Chairperson, Tender Committee

Kenya Red Cross Society

P.O Box 40712 - 00100

Nairobi, Kenya

Tenders will be opened in the presence of the bidders or their representatives who choose to attend our online tender opening meeting on the same day at noon. Interested bidders to confirm participation on mail tenders@redcross.or.ke and thereafter we will share the virtual link for the meeting.