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Terms of Reference (ToR)
To Conduct a Study on Economic Challenges and Opportunities for Women in the Artisanal Mining Sector in Taita Taveta, Kwale, Migori, West Pokot, Kakamega and Turkana counties.
1. Introduction
The Kenya Land Alliance (KLA) was registered in 2000 as a Trust and in 2013 as NonGovernmental Organization (NGO). It operates as an umbrella network of Civil Society
Organizations (CSOs) and individuals committed to effectively advocating for reforms of policies and laws governing land, environment and natural resources in Kenya. Its current membership comprises of 27 Non-Governmental Organizations, 31 Community Based Organizations and 52 individuals. KLA executes its mandate mainly through coalition building, advocacy and lobbying, information generation, documentation and dissemination, networking and capacity building.
For the last twenty years, KLA has implemented actions towards the closure of the gender gap in regards to land ownership, control, use and access, so as to enhance women’s
empowerment and to promote broader family food security, children’s health, economic gains, improved livelihoods and inclusion in decision making processes. In order to ensure that women also enjoy the benefits accrued from their lands and territories we establish multi sectoral coalitions – stakeholders are derived from the agricultural sector, the private
sector, the mining sector and other land related actors – to realize a curative approach to economic injustices faced by women.
2. Background
Artisanal and small-scale mining (ASM) around the world continues to grow. There are currently an estimated 40.5 million people directly involved in the activity—and around 150
million people indirectly dependent on it (IGF, 2017), and women make up a significant number of sector participants. Although there is a critical lack of data, women are believed to account for up to 30 per cent of the global ASM workforce (Hinton, Veiga, & Beinhoff, 2003), and up to 50 per cent in Africa (UNECA, 2002): in some cases (such as Guinea) the proportion reaches as high as 75 per cent (Hentschel, Hruschka, & Priester, 2002). Despite the significant number of women involved in ASM in various capacities, there is a serious lack of recognition in almost all spheres, including development programs, public and private sectors, mining communities, or even academia.
Discussions rarely highlight women’s productive roles or specify the gendered impacts of the mining industry. There is an invisibility problem whereby women’s contributions to the
mining sector are masked by the dominant reflection of men’s roles in discussions of mining, thus erasing the participation of women (Jenkins, 2014).
Furthermore, women face different economic challenges as a result of the lack of access to, use of and control over resourceful land and other productive resources, licences, finance, and geological data. In many cases, such as that observed in Tanzania, traditional beliefs prevent women from these utilizing these economic factors, denying them any control over
earnings. The inability to access finance contributes to women’s inability to invest in mining equipment and technology necessary for a successful business. At policy level, the existing
discrimination against women often puts them at a lower order in policy decisions affecting
them. The de jure and de facto inequity in access to and control over land and property rights constrains women from accessing various other determinants of mining business
success, such as finance.
Due to limited bundle of rights many women end up operating informally and unregistered outfits. This increases their vulnerability in the current national efforts to promote
formalization, which, in itself, is characterized by arduous requirements many women are unable to fulfill. Without a commitment to gender mainstreaming, existing prejudices can be
reinforced by the formalization process stifling women’s capacity to contribute to a productive and responsible mining sector.
As a result of this invisibility problem, an in-depth knowledge is not well-established about the challenges that women in ASM face and their potential to enable a positive livelihood
development through mining. This study seeks to contribute to the limited literature and to back up the formalization process that is currently ongoing in the sector. The study will
focus on women in ASM to highlight some of the key bottlenecks to the potential of women not only to actively participate in the ASM business but also be part of the driving force for a
responsible and sustainable ASM.
3. Purpose
The purpose of this assignment is to carry out a study in Taita Taveta, Kwale, Migori, West Pokot, Kakamega and Turkana counties with provided and targeted ASM groups and key
informants in the sector.
4. Planned Outcome
Disseminate findings to the relevant stakeholders to influence and lobby for a policy guidance tool to secure the rights of women in the ongoing formalization process of the
Artisanal Mining Sector
5. Key deliverables
The consultant will work closely with Kenya Land Alliance designated staff. All deliverables shall be submitted in English and virtually to the stakeholders. The consultant should
submit following key deliverables,
● Develop a data collection tool, collect and analyze data from the selected counties.
● Provide a detailed report from the exercise.
● Provide a policy brief of not more than 10 pages highlighting the key findings and recommendations for policy action.
8. Skills and Competencies
The Kenya Land Alliance is looking for a consultant/firm with the following competencies:
• At least a Masters Degree in extractives or related discipline.
• At least 6 years’ experience in carrying out studies focused on women in the extractive
industry, land and natural resources.
• Thorough understanding of gender equality issues and best practices related to
addressing gender equality issues, especially as that which pertain to women in mining.
• Knowledge and understanding of the national level institutional, legal and policy
frameworks impacting the status of women’s rights in the extractive sector.
• Outstanding data collection, research and writing skills: ability to review, edit and
synthesize reports, analyze data, articulate results and produce high quality reports.
• Strong communication, graphic and presentation skills.
• Ability to work both as part of a team and independently.
Qualified Consultants are invited to submit a proposal that includes the following:
A brief description of the consultant’s recent experience on comparable assignments;
● Technical understanding or interpretation on the terms of reference;
● A description of services and work plan for performing the assignment, including budget;
● Recent profile of a firm or CV of consultant/s.
Submission process:
Both Technical and Financial Proposal should be submitted in soft copy. All proposaldocuments shall be provided in English language. Individual consultants, consultancy firms, are requested to submit their technical and financial proposals by 18th January 2021 to the email address: [email protected] and copy [email protected] “Study on Women in ASM Consultancy as the Title” in the email subject line.
Only short listed applicants/consultancy firm will be contacted. KLA reserves the right toreject any or all proposals and is not bound to any legal claim in this regard. No telephone inquiries or canvassing will be allowed