ASSESSMENT ON THE PREVALENCE OF GENDER BASED VIOLENCE FOR DOMESTIC WORKERS IN KENYA

1. ABOUT OXFAM

Oxfam is an international confederation of 21 organizations working in over 60 countries worldwide seeking to find lasting solutions to poverty and injustice around the world. Oxfam is determined to change that world by mobilizing the power of people against poverty. Around the world, Oxfam works to find practical, innovative ways for people to lift themselves out of poverty and thrive. We save lives and help rebuild livelihoods when crisis strikes. And we campaign so that the voices of the poor influence the local and global decisions that affect them. In all we do, Oxfam works with partners, public and private sector institutions alongside vulnerable women and men to end the injustices that cause poverty. Read more about Oxfam from https://kenya.oxfam.org/

2. ABOUT THE PROJECT

Oxfam in collaboration with the Kenya Union of Domestic, Hotel, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) and Youth Alive Kenya (YAK) will implement a 6-year project titled ‘ Time To Care in Nairobi, Mombasa, Kiambu and Nakuru counties in Kenya. The project overall objective is to ‘Improve gender equality and care infrastructure for women and girls in Kenya’.

The Care Project will directly benefit 5,916 people and 2,021,800 people, these include both rural and urban populations, in particular small-scale farmers, women-headed households, unemployed and vulnerable men indirectly as shown in the table below:

The project has a two-pillar strategy representing two Intermediate Outcomes:

1. Increased adoption of gender-equitable social norms in support of women and girls in Kenya’s care infrastructure

2. Increased implementation of gender-transformative legislation, policies, and practices by duty bearers in support of care infrastructure in Kenya for women and girls

   3.THE CONTEXT

Gender-Based Violence (GBV) is a flagrant violation of human rights and excludes women from economic and political opportunity. GBV occurs in every region of the world and is a major obstacle for achieving not only gender equality, but also sustainable development, economic growth, as well as peace and justice. It can take various forms, including (but not limited to) physical, verbal, sexual, psychological, and socioeconomic violence. Gender-based violence can be experienced by anyone. However, it disproportionally affects women and people who are, or who are seen, as different in terms of gender. Within gender-based forms of violence, it is important to understand and confront violence and harassment in the world of work as it is a threat to the dignity, health, and wellbeing of those who experience it and their families. On the other hand, GBV also undermines working environments, affects productivity, damages enterprise reputation, and ultimately hinders a country’s economic growth.

An estimated 67 million domestic workers comprise a significant part of the global workforce in informal employment. They are among the most vulnerable workers; 80 per cent are women. They work for private households, often without clear terms of employment and excluded from the scope of labour legislation. This exposes them to physical, sexual and mental abuse, trafficking and bonded labour, as well as physical, social and cultural isolation. They may have no right to rest, or take leave or sick days, and have limited to no access to health care.[1]

In Kenya, the KDHS report 2022 indicated that Thirty-four percent of women age 15-49 have experienced physical violence since age 15[2]. Women are concentrated at the base of the economic pyramid as self-employed informal workers due to gender discrimination and segmentation in the labour market. Violence is a way to discipline and control women’s labour, both inside and outside of the home4. The causes for this can be rooted in strong views regarding women and men’s gendered roles within the family, workplace, and society. Therefore, discussions on violence in the world of work cannot be divorced from domestic violence or from violence in public spaces; all intend to suppress and control women’s mobility, sexuality, and access to resources.

Many women are underpaid for doing work equal to men or used for unpaid work beyond their job description.[3] Poverty and deprivation do not necessarily lead to gender-based violence but can be contributing factors to the violence women informal workers experience. Low earnings, dangerous or poor working conditions and inadequate living conditions leave informal workers at a higher risk of violence in the world of work – both in private homes and in public spaces. For instance, in Kenya, domestic workers continue to face multiple forms of violence including physical abuse, intimidation, threats, bullying, sexual assault, harassment, being provided poor-quality food and a lack of privacy. Severe instances of violence against domestic workers can include bonded Labour, rape and sometimes even murder[4] .

The International Labour Conference – in its June 2009 Resolution concerning gender equality at the heart of decent work – described gender-based violence as a critical and major global challenge. The Conference – which annually brings together the ILO tripartite constituents comprising member States and representatives of workers’ and employers’ organizations from those countries. They called for the prohibition of gender-based violence in the workplace and for policies, programmes, legislation and other measures to be implemented to prevent it.

3. PURPOSE AND OBJECTIVE OF THE ASSIGNMENT

The Time to Care project intends to design effective strategies to reduce the prevalence of gender-based violence, discrimination, and work-related abuse for domestic workers in public and private spaces. To this end the objective of this consultancy is to:-

1. Understand the prevalence of gender-based violence for domestic workers in their world of work.

2. Identify the different forms of GBV they experience in their workplaces.

3. Identify root causes of GBV for domestic workers to deepen the understanding on why domestic workers are vulnerable to gender-based violence.

4. Conduct a review of laws and legislations on Gender Based Violence and to what extent they protect domestic workers in their workplaces.

5. Establish and recommend strategies in the prevention and management of GBV experienced by domestic workers.

   4. METHODOLOGICAL APPROACH

The consultant(s) should be prepared to use appropriate qualitative and quantitative participatory data collection approaches and techniques that will guarantee quality and ethical compliance. Oxfam expects the consultant(s) leading the assignment to use a gender lens.

The Research will include the review labor policies of the private sector (Paid Care Work). To do so the research will review policy documents and review government policies that relate to care and work in the private sector. The review will also focus on literature generated by the respective organizations focusing on their care work advocacy and programs/institutions.

Primary Data Collection: The assignment will involve the development of a structured series of surveys, Key Informant Interviews/ Expert Consultations and other information gathering techniques that will be used in parallel to triangulate the data. The consultants will apply the “Do No Harm” approach for primary data collection to ensure the protection and safety of the respondents.

Data collection and Instruments: The identified consultant will develop relevant data collection tools and identify appropriate means of collecting the data which will be discussed and agreed upon with Oxfam prior to the data collection exercise.

5. ETHICAL CONSIDERATIONS

The consultant will put in place measures to ensure data collection adheres to all necessary ethics and guidelines provided by local laws on data protection and ‘Do no Harm’ standards, Oxfam safe programming and feminist principles.

6. KEY ACTIVITIES AND DELIVERABLES

The assignment will start upon signing of the contract between Oxfam and the successful consultant(s) or an otherwise agreed upon date. The exact due dates for all deliverables will be finalized with Oxfam prior to submitting the inception report, so long as the dates continue to fall within the broad start and finish dates of the consultancy.

Oxfam envisions the review as a collaborative undertaking between itself, partner staff in Kenya and the successful consultant(s). We expect that the selected consultant(s) will engage with and provide feedback on a continual basis. On our part, we commit to collaborating with the selected individual/team and to providing sufficient time for a back-and-forth approach.

Key Activities / Deliverables

Timeline

Start date of contract

Inception phase

• Inception report on the execution of the assignment within 5 days of the commencement of the consultancy; setting out how they will approach the assignment, List of stakeholders to be engaged, secondary data sources for review, proposed methodology and timetable and data collection tool, including draft discussion guide for collection of field-level data in the selected counties.

5 days

3 days for review by Oxfam

Data collection and Analysis

• Conduct Surveys
• Conduct Key Informant Interviews and Focus Group Discussions in liaison with implementing partners.
• Analysis of existing policies and legislations on GBV and domestic workers’ rights

15 days

Draft report

• Submit zero draft of the report for review

5 days

Final report

• Submit final report of the report incorporating feedback from the review team

Oxfam will provide feedback on the draft report within 7 days.

Final Report within 5 days of receiving feedback

a) Inception Report

The inception phase will begin with a thorough desk review of existing project documents and current research on care work >. Based on this analysis, the inception report will include:

• List of potential respondents for data collection
• Roles and responsibilities of team members executing the work,
• Proposed methodology.
• Data collection tools
• Budget,
• Workplan
• A proposed schedule of meetings with key Oxfam staff to check progress and provide updates throughout all phases of the work, and

Data collection can only begin after Oxfam approves the inception report.

b) Final Report

The final report will provide an analysis of care policies/frameworks, Private sector stakeholders mapped out and the recommendations. The report shall provide clear documentation and findings, focusing on:

• Executive summary (2-3 pages)
• Introduction
• Purpose and objectives
• Methodology
• Findings
• Conclusion and recommendations

c) Annexes to the Final Report

The final report shall also include a number of annexes, which will provide context to the report’s findings and recommendations. Suggested annexes include:

• Terms of Reference for the final review.
• Final review inception report.
• Data collection tools,
• List of individuals and stakeholder groups consulted.
• List of supporting documentation reviewed.
• All raw data (transcripts from In-depth Interviews, should be submitted to Oxfam in Kenya Offices in Nairobi for reference and future use.

7. PROFILE OF THE CONSULTANCY TEAM

The consultancy can include different team members. Key competencies of the team include:

• Advanced university degree (MA) in Education, Social Sciences, Gender Studies, or related field
• At least 5 years of expertise in undertaking quantitative and qualitative research in the area of gender- based violence at the workplace.
• Good understanding of policies and frameworks regulating Care work.
• Experience on approaches of conducting stakeholder mapping and analysis.
• Experience utilizing feminist MEAL principles and practices.
• Ability to facilitate and relate to stakeholders at multiple levels and in diverse contexts.
• Strong written and verbal communication and presentation skills in English
• Experience in undertaking a stakeholder mapping.
• Strong analytical, communication and report writing skills evidenced by at least 3 pieces of research/documents.
• Good spoken and written communication skills in Kiswahili and English.

8. TAX AND VAT ARRANGEMENTS

Oxfam will deduct withholding tax from the professional fees which will be in conformity with the prevailing government rates and submit the same to the Government of Kenya.

9. BID REQUIREMENTS

Consultant(s) who meet the above requirements should submit bids, which at minimum include the following:

• Suitability statement, including commitment to availability for the entire assignment.
• Brief statement of the proposed study methodology including a detailed work plan.
• Detailed financial proposal, including daily costs.
• Information on the team composition and level of effort of each team member – include updated curriculum vitae that clearly spell out qualifications and experience.
• Contacts of three organizations that have recently contracted the consultant to carry out relevant study.
• Samples of similar and/or related work done previously

Budget financial proposal must indicate all-inclusive costs for conducting the assignment.

N/B: The entire bid should be a MAXIMUM OF fifteen (15) PAGES inclusive of CVs and Budgets. Bids not meeting this requirement will not be considered.

10. REPORTING LINES

The consultant shall work under the supervision of the Oxfam’s Gender Justice and Women Rights technical team.

[1] https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Trust%20Funds/FundGenderEquality/FGE_Domestic_Work_2017-2018_Annual_Report.pdf

[2] https://www.knbs.or.ke/wp-content/uploads/2023/07/2022-KDHS-Summary-Report.pdf

[3] https://eachrights.or.ke/curb-economic-violence-which-afflicts-our-women/

[4] https://idwfed.org/publications/