Terms of Reference

Study on the African Continental Free Trade Area Agreement: Its Implications on Cross-Border Issues Affecting Children

Background

The Girls Advocacy Alliance (GAA) is a joint initiative of Plan Nederland, Terre des Hommes Netherlands and Defence for Children - ECPAT Netherlands. The GAA is led by Plan Nederland and is implemented in strategic partnership with the Dutch Ministry of Foreign Affairs under the Dialogue and Dissent framework (2016-2020).  The GAA programme is implemented in Ghana, Ethiopia, Kenya, Liberia, Sierra Leone, Uganda, Bangladesh, India, Nepal and the Philippines, and at regional levels in Asia and Africa.

In the Africa Regional Programme, the Girls Advocacy Alliance consists of Plan International, Terre des Hommes, Defence for Children – Sierra Leone and ECPAT International. The regional programme aims to influence regional governance bodies in Africa (African Union and Regional Economic Communities) and is complementary to the GAA influencing in the six African countries (Ethiopia, Kenya, Uganda, Ghana, Liberia, Sierra Leone).

The long-term goal of the Girls Advocacy Alliance on an African Regional level (2030) is: Girls and young women in Africa and their civil society organisations use regional monitoring and accountability mechanisms to hold their governments accountable on the fulfilment of their protection and rights. The project has a long term plan of capacitating girls and young women in Africa and their civil society organizations use regional monitoring and accountability mechanisms to hold their governments accountable on the fulfilment of their protection and rights.

Gender based violence is widespread across Africa, with varying degrees of gravity depending on ethnicity, religion, tradition, and socio-demographic factors. Although not exhaustive, gender-based violence includes sexual and emotional violence, rape, and intimate partner violence, trafficking of women, sexual exploitation and forced prostitution. Although the causes of gender based violence vary according to specific context of a country, poverty, deep rooted traditional practices, inadequate enforcement of laws and policies, and relatively lower levels of educational attainment among girls and women are specifically relevant to Africa.

The project aims to ensure that young people and their civil society are using regional accountability mechanisms to hold their governments accountable on GBV. This will entail promoting access for young people and their civil society to lobby and advocate towards these mechanisms and linking these initiatives to country specific actions. Interventions towards the achievement of this goal will include promoting and strengthening regional CSO networks, conducting regional research and targeting

Stakeholders such as donors, INGOs, media and regional private sector platforms as partners towards the fulfilment of this goal. 

Rationale

The African Continental Free Trade Area Agreement (AfCFTA) was entered into force on 30 May 2019 and since its creation, 52 of the 55 African members have signed the agreement. The AfCFTA is considered as a game changer in terms of fast tracking the pursuit of integration at regional and continental level. It is also acknowledged that, the continental free trade area is a key driver in realizing the structural transformation and industrialization of Africa as envisaged in AU Agenda 2063 and realizing the ambition of politically, economically, socially and culturally integrated African continent with the resulting developmental gains. It is expected that the AfCFTA brings varied opportunities in transforming the continent by alleviating poverty, boosting economic growth, availing job opportunities for millions of Africans, including informal cross border traders and accelerate the development of the continent in general.

Furthermore, according to a report by the United Nation Economic Commission for Africa, the AfCFTA is considered to be the world’s largest free trade area covering more than 1.2 billion people and a combined GDP of 2.5 trillion. However, the agreement tends to overshadow those at the bottom of the economic ladder who are particularly women and children as well as informal traders. Moreover, there are no indicative assessments conducted on the potential impact of AfCFTA on issues affecting children such as child marriage, Commercial Sexual Exploitation of Children (CSEC) and Child trafficking and Migration (CTM). In order to realize the full capacities of women and children and ensure that they become equal beneficiaries of opportunities arising from launching such continental trade agreements, there is a need to reveal the reality and highlight existing challenges facing women and children in Africa.

Taking cognizance of the fact that the AfCFTA would likely accrue uneven/imbalanced results and might negatively affect vulnerable groups such as women and children, GAA would like to seek the services of a qualified consultant to undertake a study that articulates the Implications of AfCFTA on Cross Border Issues Affecting Children. 

Objective of the Study

The main aim of conducting this study is to provide child rights perspective of the AfCFTA, particularly analyzing the implications of AfCFTA on cross-border issues affecting children focusing on child marriage, commercial sexual exploitation of children, child trafficking and migration in Africa, with case studies in selected countries from Eastern and Western Africa (focus on GAA Countries). It is also expected to provide a gender analysis of the AfCFTA particularly on its potential implications for protection of girls and young women. The study is expected to inform the AU, Governments, policymakers, researchers, advocates, CSOs, private sector and other stakeholders on critical child rights and gender considerations to harness the potential of the AfCFTA.

Specific Objetive of the Study

 The study aims to achieve the following; 

• To examine the most significant implications of the AfCFTA on cross-border issues affecting children such as child marriage, commercial sexual exploitation of children, child trafficking and migration etc.
• To assess the extent to which the negotiations that led to the establishment of the AfCFTA had incoporated human rights perspective.
• To review how far governments who ratified the agreement are prepared to provide legal protection to the most vulnerable groups of society like children and girls from unintended conseqences of open trade policies.
• To identify whether the AfCFTA can overcome the challenges that informal cross border traders (who are primarily women, including young women) face and harness their potential?

Scope and Methodology

The study provides analysis on the implications of the AfCFTA on cross-border issues affecting children by conducting case studies in 2 or 3 countries each from Eastern and Western Africa and will be carried out by an external consultant. The study will make use of qualitative and quantitative tools and methodologies to gather and analyse data. In addition, the consultant will also conduct field visits to selected countries in Eastern and Western Africa in consultation with the project manager and project partners.

The consultant will be responsible for designing tools necessary for the task and share this with the project manager for review and approval before undertaking the assignment. 

Deliverables

 The following deliverables are expected from the consultant;

• An inception report detailing major components of the study ; detailed work plan, highlighting operational methodology, data gathering and data analysis instruments attached to the inception report;
• A study report on the Implications of the AfCFTA on Cross Border Issues Affection Children, key results and recommendations ;
• The consultant will be responsible for timely delivery of the reports as per the deadline

 Timeframe

The study is expected to take place from November 15, 2019 to December 20, 2019. The consultant shall submit the inception report within [two days upon signing the agreement. The final report of the study must be finalized and submitted by 25st December 2019.

Budget Indication

 The consultant should indicate the estimated budget including:

• Fees;
• Tax and any other relevant cost related to and required for the proper conducting of the study as per all the objectives and requirements detailed in the ToR. 

Submission of the Peoposal

The consultant shall submit a technical and a financial proposal, separately and the following components will be required in the proposals:

• Technical Proposal, containing;
• The understanding of the ToR, the main goals and tasks of undertaking the study
• A detailed methodology, tools and approaches on how the study will be conducted
• Proposed implementation time schedule
• Organizational capacity statement, past experience and activities related to conducting researches
• Curriculum Vitae for all the consultants and proposed capacity of any complementary staff with a description of why experience is relevant to the task and how the proposed team complements each other as well as how they correspond to the profile
• Names, addresses, telephone numbers of three organizations that will act as professional referees
• Lists of relevant work undertaken in the last 2 years. The consultants should be ready to provide samples of previous work of similar nature.

A financial proposal for the provision of the service;

•  An itemized line by line budget proposal for consultancy fees.  Proposed fees should clearly state the net of tax and the total gross figure. The proposal should also indicate all other expenses that will be billed as cost with supporting receipts as per Plan International’s expenses policy.
• Tax and any other relevant cost related to and required for the proper conducting of the study as per the objectives and requirements detailed in the present ToR
• Please note that the rate of non residence tax for a management or technical fee is subjected to 15% withholding tax of the service value.  For local consultant, the withholding tax would be as per the applicable law of Ethiopia.
• Proposed terms and schedule of payment.

Required Competenceis

The consultant must have undertaken similar works and must have the following competencies;

• An advanced university degree in social science related to international development, law, economics or social sciences
• Track record on conducting researches;
• Proven experience with qualitative and quantitative data analysis;
• In-depth understanding of gender, girls rights advocacy and child rights context in Africa;
• Expertise in women’s empowerment, gender, Violence against Girls and Women, CSEC, Trafficking and Economic Empowerment of (young) women and girls;
• Expertise in child rights and Rights Based Approach;
• Expertise on Experience with child friendly and gender-sensitive approaches;
• Fluency in spoken and written English;
• Excellent conceptual and analytical skills;
• Conduct her/himself in an ethical manner at all times.