Natural Resources Management for Sustainable Development in Kenya TERMS OF REFERENCE (TOR) FOR INDIVIDUAL CONSULTANTS Study to Identify the Economic and Job Creation Potential of Artisanal and Small-Scale Mining, particular for youth and women, in Taita Taveta County Background The management of extractive industries is one of the most critical challenges facing many resource-dependent developing countries today. Rather than stimulating broad-based economic development, reliance on resource extraction has tended to concentrate wealth and power in the hands of a few, exacerbate corruption and inequalities, lead to environmental degradation and pollution, while doing little to reduce poverty, economic disparities and generate employment. Worse still, in many countries extractive resources have fuelled violent conflicts1. In addition, gender equality and ensuring women`s issues especially, have not been given a visible arena within the extractive industries. In such contexts, there are thus several challenges for developing sustainable human development, and gains made over years of progress with respect to meeting the Millennium Development Goals (MDGs) and democratic reforms can easily be undone. The recent announcement of oil discovery and other minerals has propelled Kenya as a new player in the global market for hydrocarbons and valued minerals. The International Monetary Fund (IMF) projects that oil production in Kenya is expected to start in six to seven years from now, giving the country time to prepare to manage its endowment to the achieve its development goals as stipulated in the 2030 Vision. In addition to oil, Kenya is also rich in gas, rare earth metals, coal, iron ore, gold, limestone, gypsum, soda ash, gemstones, manganese ore, fluorspar, diatomite, titanium, zircon, chromite, niobium and silica sand. Most recently, Cortec Mining Kenya Limited has announced that Mrima Hills in Kwale County has one of the largest rare earth mineral deposits in the world with a potential in-ground value of up to $62.4 billion. Kenya is very well known for gemstone mining, however, the small-scale (artisanal) miners dominate the industry. Artisanal mining accounts for over 60% of annual gemstone production in Kenya; women and youth play a major role in artisanal mining. In 2002 Kenya had an estimated production of 10.9 tonnes of Ruby corundum (5.86 tonnes in 2001) and 61.4 tonnes of gemstones (compared to 73.3 tonnes in 2001). There has been a decline in Kenya's gemstone mining industry recently; with the same traditional players continuing to dominate the sector. In Taita Taveta County, it has been reported that the artisanal and small-scale miners who prospect for the minerals are violently evicted from the mines by powerful and well1 Nicholas Shaxson (2007) Poisoned Wells: The Dirty Politics of African Oil connected large-scale prospectors, miners and traders who claim legal ownership of the land as soon as the locals discover mineral deposits. Conflicts between small-scale gemstone miners and large scale-miners gemstones miners arise because most of the land in the lower zones of Taita-Taveta County is not demarcated; the general feeling is that the locals have been robbed of their land and resources. Most artisanal mining in Taita Taveta is rudimentary in nature; the miners mainly use easily available explosives to break down the rocks in search of gemstones and precious metals. The health and environmental risks are enormous. Besides these issues, the markets for gemstones is not well established – a few dealers and brokers still control the entire process; the small-scale artisanal miners in Taita Taveta have limited market powers. It has been reported (but not confirmed) that there is a big black market selling of gemstones. The miners also lack the technical knowhow, capacity, to correctly value the gemstones. The benefits accruing from the extractive industry are enormous and estimated to run into billions of shillings; however there is no clear policy, regulatory & legislative framework to adequately address the issues of royalties and benefit sharing between the investors, communities, the county and national governments. The issue of resources royalties is a huge part of the debate about transforming the sector. In addition, there is limited information on artisanal mining in Kenya, including employment numbers, safety measures and effects on youth and women. Generally, men tend to have greater access to benefits and opportunities for extractive industries, while women bear more of the social, environmental and economic impacts. Promoting and working toward greater inclusiveness is key to ensuring that high-value resources as the extractive sector can provide sustainable livelihood opportunities for men and women equally. It is thus important to undertake studies on artisanal and small-scale mining to identify the economic and job creation potential of this sector, as well as the environmental and social impacts of artisanal mining on women and men, boys and girls, in Taita Taveta County. Scope of Study The consultant will carry out a study to generally assess and identify the “Economic and Job Creation Potential of Artisanal and Small-Scale Mining, particular for youth and women in Taita Taveta County”. The proposed study shall provide a comprehensive assessment of the opportunities, challenges and risks of men, women and youth participating in the artisanal mining. The study shall provide an assessment of the impacts of the artisanal mining operations on men and women in the focus areas – especially the potential of artisanal mining to bring about socio-economic transformation and enhanced job creation for the communities in the Taita Taveta County with a special focus on youth and women. Objective of the study The objective of the study is: to assess and identify the risks, challenges and opportunities of men, women and youth of in Artisanal and Small-Scale Mining, particularly for youth and women in Taita Taveta County”. To achieve this objective the consultant will be required to: Define the assessment criteria Assess current contribution of artisanal mining to household income within the communities in Taita Taveta County. Provide gender specific socio-economic data and analyses, based on gender disaggregated statistics / data, to determine the current contribution to household incomes, economic opportunities and job creation potential for both men and women and youth within the artisanal and small-scale mining sector in Taita Taveta. Carry out a supply chain analysis of gemstones trade in Kenya with a special focus on Taita Taveta County; providing details in terms of prices, quantities, quality and processes used at various links in the value chain. Identify challenges faced at various links in the value chain, with particular focus on small-scale mineral producers / miners (upstream), covering the following issues: a. Inputs and equipment b. Finance c. Environmental sustainability d. Social problems such as conflicts, gender-based violence, etc. e. Alternative livelihood opportunities available (this is relevant only to smallscale mineral producers/ miners) f. Laws and regulations (or the lack thereof) g. Access to information, including geological information h. Existence and functioning of institutions such as associations and business development agencies Highlight policy, economic, social, and political factors hindering growth in the supply of gemstones and the development of effective value chains that integrate the poor with a gender specific focus of the artisanal and small-scale mining sector in Taita Taveta County Define causes of low royalty returns to the national government Recommend gender sensitive approaches on how to mitigate these challenges and enhance the equitable and sustainable artisanal and small scale mining Develop and share guidelines implementing the recommendations Based on stakeholder consultation workshop(s), provide recommendation for policy and legislative action that will ensure equitable distribution of artisanal mining operations benefits to men, women and youth. Outputs The key output from this assignment will be a report on the “Economic and Job Creation Potential of Artisanal and Small-Scale Mining, particularly for youth and women, in Taita Taveta County”. The report should include the following: An assessment of risks, challenges, opportunities for enhancing sustainable livelihoods from small scale gemstone mining with a particular focus on youth and women of the artisanal and small-scale mining sector in Taita Taveta County An assessment of the impact of small scale gemstone mining for women, men and youth A description (with gender specific examples) of the factors hindering growth of the artisanal and small-scale mining sector in Taita Taveta County. A value chain analysis by gender of artisanal mining Recommendations on gender sensitive approaches on how to mitigate these challenges Guidelines implementing the recommendations. Provide recommendation for policy and legislative action that will ensure equitable distribution of artisanal mining operations benefits to men, women and youth. The list of outputs expected from the consultant includes the following: Outputs Inception report including draft structure of final report and assessment criteria for analysing the artisanal and small-scale mining sector in Taita Taveta County to determine its economic and job creation potential particularly for youth and women First draft of final report sent to UNDP for comments Facilitation of stakeholder consultation workshop (s) Final report (after incorporating comments and feedback) The Consultancy UNDP seeks a consultant that can adequately carry out the above task within the given time frame. Duration of Contract 50 days over a period of 2 months Reporting lines The Consultant will work under direct supervision of the Taita Taveta County Executive Committee (CEC) Member in-charge of the Ministry of Mining, Environment, Wildlife and Natural Resources with technical backstopping from the Team Leader of the Inclusive Economic Growth (IEG) Unit of UNDP Kenya. Duty Station The duty station shall be Voi town, Taita Taveta County. The county government of Taita Taveta County shall provide a working space but the consultant shall provide their own equipment (computers, software, etc.) Payment Modalities Payment to the consultant will be made in three instalments upon satisfactory completion of the following deliverables: 1st instalment: 20% upon production and presentation of inception report 2nd instalment: 30% upon submission of first draft report 3rd instalment: 50% upon submission of the final report with all deliverables Competencies and Qualifications of Consultant The consultants should have the following minimum qualifications and competencies. Minimum MA/MSc in Economics, International Development, Public Policy or other relevant field. Over 7 years of experience in research, socio-economic work, development policy research, gender related work or related fields Experience in supply chain analysis, especially gemstones and precious metals value chains in Kenya and elsewhere Proven understanding of the artisanal and small-scale mining sector in Kenya and especially in Taita Taveta County Highly developed analytical skills with ability to produce high quality analytical reports and policy papers High organizational and facilitation skills and ability to handle complex tasks with tight deadlines Excellent ability to communicate in English and Kiswahili Must fulfil the requirements of Chapter Six of the Constitution of Kenya on integrity. Application Procedure Interested and qualified firms or individual consultants should submit their applications which should include the following: 1. A technical proposal which should include the approach and detailed methodology for carrying out the work, list of personnel and their detailed CVs, timelines and schedule. 2. UNDP Personal History Form (P11) for all Consultants involved in the study. 3. Individual Contract Proposal Form Please quote “Economic and Job Creation Potential of Artisanal and Small-Scale Mining in Taita Taveta County” on the subject line. Applications should be emailed to consultants.ken@undp.org to reach us not later than (date) at 4.00 P.M Kenya Time. Please see the “Terms of Reference”, the “P11 Form”, the “Individual Contract Proposal Form” and the Terms and Conditions of Individual Contracts by visiting the UNDP Kenya Website: - http://www.ke.undp.org/content/kenya/en/home/operations/procurement