UN Women: Evaluation of the Kenya Human Rights Program

Grounded in the vision of equality enshrined in the Charter of the United Nations, UN Women works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security. Placing women's rights at the centre of all its efforts, UN women lead and coordinate United Nations System efforts to ensure that commitments on gender equality and gender mainstreaming translate into action throughout the world. It provides strong and coherent leadership in support of Member States' priorities and efforts, building effective partnerships with civil society and other relevant actors. Introduction and rationale for the evaluation: The overall goal of this evaluation is to assess the progress towards the achievement of the expected results following the implementation of the activities during the last two years of the program so that lessons are learned to guide future programming by Sida/UN Women Evaluation Goals: Assess progress made towards the achievement of planned results, the relevance of the program, sustainability, and potential for replication of the initiative. Draw lessons learned from the program. Give recommendations on future program directions. The external evaluation of the Human Rights Program was agreed upon between Sida and UN Women at the beginning of the program and will cover the period the full duration of the current phase. The evaluation results will be used by UN Women to inform future programming and direction in promoting women’s human rights and gender equality in Kenya. The evaluation will be used also by the Swedish Embassy in Nairobi to assess and decide on longer-term support to UN Women and its partners. The evaluation results will also be used as baseline data for future programming. The Sida funded Gender, Human Rights and Governance Program in Kenya has two program components: Gender and Governance Programme III - An evaluation of the Gender and Governance Programme III is currently being undertaken and will complement this evaluation. Human Rights Programme. Background of the Programme: Information about the Embassy of Sweden in Nairobi within the context of the Kenya Human Rights Program The Embassy of Sweden in Nairobi represents Sweden in Kenya, Somalia, Seychelles and Comoros. The Embassy also represents Sweden in UNEP and UN-HABITAT, two United Nations organizations with headquarters in Nairobi. The Embassy in Kigali, headed by the Ambassador in Nairobi, represents Sweden in Rwanda and Burundi. In addition the Embassy has an Honorary Consul in Mombasa, Kenya, as well as in Victoria, Seychelles. The Embassy has personnel posted from the Ministry for Foreign Affairs and the Swedish International Development Cooperation Agency (Sida) as well as locally recruited staff. The Embassy is the largest Swedish Embassy in Africa and third largest mission in the Swedish Foreign Service. The Embassy acts bilaterally, through the European Union (EU) as well as within the United Nations (UN). The objective is to provide services of high standard in all areas of activity. Development cooperation is a major responsibility for the Embassy. Swedish global aid volumes reached SEK 31, 4 billion (USD 5 billion) in 2010, which is 1% of GNI. This resulted in Sweden being top ranked among countries providing development assistance in the world. The overall goal of Swedish development cooperation is to help create conditions that will enable the poor to improve their lives. The assistance is based on a human rights perspective and the perspective of the poor. Sweden is strongly committed to the UN Millennium Declaration and the Millennium Development Goals as well as the Paris Declaration and the Accra Agenda for Action to promote donor harmonization, alignment and cooperation. The Embassy works towards efficient use of development and humanitarian assistance. Projected volumes for development cooperation in 2011, including planned humanitarian assistance, attached to the Embassy of Sweden in Nairobi is approximately 375 MSEK (USD 6,436,931). Information about Kenya within the context of the Kenya Human Rights Program: Kenya is situated in eastern region of the African continent and covers a total area of 582,646 km2. The total population of Kenya was estimated at 38.6 million, as at 2009, with a growth rate of 2.6 per cent in 2009. About 68% of Kenya’s population live in rural areas and are dependent on agriculture and livestock production. Agriculture dominates the country’s economy accounting for 25 per cent of the GDP, employing about 67 per cent of the labor force and accounting for 70 per cent of export earnings. Kenya has committed globally, regionally and internationally to empowering women and reducing gender inequalities in all spheres of life. The country’s ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Covenant on Civil and Political Rights and its periodic reporting on the same is a firm commitment of the country’s legal commitment to women’s human rights. In addition, Kenya was among the few countries globally that took leadership for the global effort on women’s empowerment, as it hosted the Nairobi Forward Looking Strategies on Women, in 1985 and effectively participated in the Beijing Fourth World Conference on Women, in 1995. The country thus expressed its commitment to taking actions towards addressing women’s issues as it relates to the 12 critical areas of concern. At the regional level, Kenya fully participated in the development, negotiation and adoption of the Protocol to the African Charter on Human and People’s Rights on Women’s Rights in Africa, 2004. In 2010, Kenya ratified this protocol and efforts are underway to put internal measures for compliance. As a member of the East African Community (EAC) and the Inter-Governmental Authority on Development, the country has been actively involved in the development of a gender and community development framework, within the EAC and the adoption of a Gender Policy for IGAD. Although there has been some progress towards the domestication and implementation of the above instruments, it has been slow, uneven, and retarded by the failure of government to swiftly and effectively implement policies, laws and the national reform processes. For all the policies and laws enacted by Government, women in Kenya continue to disproportionately bear the brunt of discrimination, poverty, and the HIV and AIDS pandemic and harmful traditional practices. These and other mitigating factors such as their lack of ownership of land and access to productive resources, lack of adequate participation in the formal economy, violence in everyday life and most notably in the Post Election Violence of 2007 and 2008, and inadequate access to healthcare, serve as persistent barriers to women’s full and equal enjoyment of their human rights. The government has also shown little political will in addressing the fundamental issues that besiege women and keep them at the bottom of the economic, political and social ladders. Patriarchal traditions, social practices and beliefs deeply embedded in communities and institutions from the household to the national level, is another reason that Kenyan women are still fighting the same battles for the rights to inherit property, own land, for equal participation in the economy and positions of leadership, for adequate redress for gender based violence, and for full recognition of the value of the unpaid work women all over the country engage in. The Kenya Government has since 2002 been undertaking major governance reforms, many of which are still ongoing such as the Public Sector Reform and the judicial reforms The post-election violence in 2008 and the subsequent effort to resolve the crisis reinforced the need for speedy and urgent reforms to address the underlying root causes of the conflict. Several reforms processes are ongoing as per Agenda Four of the Kenya National Dialogue and Reconciliation. These reform efforts have yielded a new constitution aimed at radically transforming the way Kenya is governed and to address its challenges facing the people such as the culture of impunity, inequality, negative ethnicity and corruption. It provides a new legal setting for women’s rights and gender equality. However it merely provides a broad framework for interpreting laws and women still face daunting challenges as they seek to actualize its benefits through implementation. Women’s organizations have been involved in these reform processes however; inadequate political will and commitment in the implementation of the constitution with regards to gender equality provisions are cause for grave concern. Information about UN Women within the context of the Kenya Human Rights Program: UN Women is the United Nations agency, mandated to advancing women’s rights and achieving gender equality. It provides financial and technical assistance to innovative programs and strategies that foster women's empowerment. UN Women works on the premise that it is the fundamental right of every woman to live a life free from discrimination and violence, and that gender equality is essential to achieving development and to building just societies. works on the premise that it is the fundamental right of every woman to live a life free from discrimination and violence, and that gender equality is essential to achieving development and to building just societies. UN Women maintains strong ties to both women’s organizations and governments and focuses its activities on one overarching goal: to support the implementation at the national level of existing international commitments to advance gender equality. In support of this goal, UN Women works in the following thematic areas: Enhancing women’s economic security and rights Ending violence against women Reducing the prevalence of HIV and AIDS among women and girls Advancing gender justice in democratic governance in stable and fragile states. Two international agreements frame UN Women’s s work: The Beijing Platform for Action resulting from the Fourth World Conference on Women in 1995 The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), known as the women's bill of rights. The spirit of these agreements has been affirmed by the Millenium Declaration and the eight Millenium Development Goals for 2015, combating poverty, hunger, disease, illiteracy and gender inequality, and building partnerships for development. In addition, UN Security Council resolutions 1325 (2000) on women, peace and security, and 1820(2008) on sexual violence in conflict are crucial references for UN Women’s work in support of women in conflict and post-conflict situations. s work: the resulting from the Fourth World Conference on Women in 1995, and the (CEDAW), known as the women's bill of rights. The spirit of these agreements has been affirmed by the for 2015, combating poverty, hunger, disease, illiteracy and gender inequality, and building partnerships for development. In addition, UN Security Council resolutions on women, peace and security, and on sexual violence in conflict are crucial references for work in support of women in conflict and post-conflict situations. In Kenya, Sida funding to UN Women is for the ‘Gender, Human Rights and Governance Programme. Program Overview UN Women Regional Office for Eastern Africa has developed a country program for Kenya within the framework of the country’s UNDAF (United Nations Development assistance Framework) covering the period 2008 - 2011. The UN Women Kenya program aims at bringing about systemic change to actualize gender equality and women’s rights in the context of poverty, violence, conflict and HIV/AIDS. This program - ‘Gender, Human Rights and Governance Program in Kenya’- was established as a continuation of the three-year program “Promoting women’s Human Rights and Enhancing Gender Equality in Democratic Governance in Kenya (2004 – 2007)”. It was also developed on the basis of UN Women’s Kenya program document, “Strengthening the Promotion of and Respect for Women’s Human Rights and Enhancing Gender Responsiveness in Democratic Governance in Kenya (2007 – 2011) which builds on the achievements, lessons learned and challenges of the Kenya program (2004 – 2007) and on UN Women’s continued recognized leadership and facilitation of key stakeholders in Kenya around gender equality activities. This program was implemented for the period, 15 November, 2007 to 31December, 2008 with the support from the Swedish International Development Cooperation Agency (Sida). The contract was later extended until December 2010. was established as a continuation of the three-year program It was also developed on the basis of UN Women’s Kenya program document, “ which builds on the achievements, lessons learned and challenges of the Kenya program (2004 – 2007) and on UN Women’s continued recognized leadership and facilitation of key stakeholders in Kenya around gender equality activities. This program was implemented for the period, 15 November, 2007 to 31December, 2008 with the support from the Swedish International Development Cooperation Agency (Sida). The contract was later extended until December 2010. In July 2010, UN Women requested for a further one year no cost extension in order to align the overall Kenya programme and the Gender and Governance Programme (GGP) both of which end in 2011. The Embassy of Sweden approved this request and the contract was extended through a third amendment signed in August 2010. With this change the Gender, Human Rights and Governance programme will continue up to 31 December 2011. Other processes that have informed this program are the Mid-Term Evaluation of UN Women -Sida Program-‘Promoting Women’s Rights and Enhancing Gender Equality in Democratic Governance in Kenya’ undertaken in 2006 and the 2008 GGP II evaluation. The Gender, Human Right and Governance Program were designed to play an instrumental role in creating an enabling environment and accountability to women, especially those living in poverty, in order for them to achieve equality and enjoy their rights. The program seeks to promote gender justice including access to justice for women, to be instrumental in increasing women’s options, capacities and resources to promote transformational leadership in governance, peace and security processes. It is based on a collaborative approach to gender issues from national to community level interventions that enhance poor women’s political, social, legal and economic rights as a mechanism of poverty reduction. The Gender, Human Right and Governance Program are implemented in two components; the Gender and Governance Program III and the Human Rights Program. This evaluation will focus on the Human rights component. To implement the Human Rights Program, UN Women partners with 20 civil society organizations and key government agencies like the Ministry of Gender, Children and Social Development, National Commission on Gender and Development and government institutions such as the Courts (secular and Kadhis), Police and Commissions such as the Waki, TJRC & IIEC. The Human Rights Program is implemented in sections of all 8 Provinces in Kenya. Program Goal and Objectives; The overall development goal of this program is to bring about systemic change to actualize gender equality and women’s rights in the context of poverty, violence, conflict and, HIV and AIDS. The immediate program objectives are to: i) promote women’s participation in governance at all levels; ii) reduce the prevalence of gender-based violence and HIV and AIDS amongst women and girls; and iii) Enhance women’s economic security and rights. Expected Program Outcomes: The program works to achieve the following outcomes: Constitution and legal frameworks and processes – particularly those related to land, property and inheritance rights, trade, and electoral and security sector reform – that promote and protect women’s human rights and eliminate gender inequality. Formal and informal justice systems promote women’s human rights at national and local levels. Gender equality experts, advocates and their organizations and networks enhance their capacity and influence to ensure that there are strong gender equality dimensions in national laws, policies and strategies. Increased numbers and relevance of models of community-level initiatives for advancing women’s human rights and eliminating gender inequality. Evaluation Process: The evaluation will follow a participatory process and the methodology will consider how quantitative and qualitative data collection can be conducted respecting both Human Rights and Gender Equality principles. This includes inter alia the active engagement of key stakeholders in particular marginalized and vulnerable groups. See also “Evaluation Code of Conduct and Evaluation Standards and Principles” further down below in this TOR. The establishment of a reference group for the evaluation is encouraged in order to facilitate the systematic involvement of relevant stakeholders in the evaluation process. It serves as consultative body and sounding board for feedback on the evaluation. It allows stakeholders to express their information needs and enhance learning and ownership of the evaluation findings. Ultimately it helps to enhance the credibility of the evaluation findings and therefore their use. Key Evaluation Questions / analytical Framework: Below are key questions that the evaluation should answer; Asses the Program design in regard to the program logic and theory of change: Whether the objectives, outcomes, outputs and indicators were clearly adhered to as stated in the program document; Whether the indicators used (if any) were specific, measurable, attainable and relevant. (this should be done against validity, reliability, sensitivity, simplicity, utility and affordability) Assess the relevance of the Program in regard to: Consistency of program with the Kenya country context (political, social and economic) Ownership and congruency of the program to the partner mandates and strategic direction Technical adequacy of program to address the issues identified in the problem/ situation analysis Complementarity of program with other initiatives supported by other donors Identification process of beneficiaries Effectiveness of the program The extent to which (progress towards) the program achieved its stated objectives – effectiveness (the results achieved both qualitative and quantitative) Assess progress towards the achievement of outcomes The reasons for achievement and non-achievement of results and factors contributing/hindering achievement of the results The extent to which capacities of duty bearers and rights holders have been strengthened What are the contributions towards and/or changes produced by the program on legal and policy frameworks at the national and regional levels Identify cross cutting strategies used to enhance program effectiveness What is UN Women’s strategic positioning and comparative advantage in implementing this program Efficiency of the program The optimal transformation of inputs into outputs - efficiency; and the timeliness of the inputs and outputs; Value for money adopted to ensure integrity in program management and implementation How the program has utilized existing local capacities of rights bearers and duty holders to achieve its outcome. How has UN Women adhered to partnership principles identified in program document especially on reporting and utilization of funds The extent to which technical assistance from UN Women informed and improved program implementation Sustainability of the program The extent to which the program addresses beneficiary priorities and demand Support to the program by local institutions and integration with local social and cultural conditions Potential for replication of strategies Participation of partners in planning and implementation of interventions Financial/programmatic capacity of partners to sustain the program results when donor support has been withdrawn Extent to which steps have been taken to ensure that activities initiated by the Program will be completed and continued on cessation of donor support; Impact of the program What the intended and intended, positive and negative, long term effects of the program are. The extent to which changes that have occurred as a result of the program can be identified and measured The extent to which the program enabled the rights-holders to claim their rights more successfully and the duty holders to perform their duties more efficiently including both formal and informal institutions. The extent to which efforts have been successful to prevent and respond to harmful and discriminatory practices. Partnership Principles Assess the partnership performance and outreach (e.g. between UN Women and partners, amongst partners etc.) The extent to which partners perceive the partnership as effective for achieving the outcomes Assess the choice of stakeholders, manner and reasons for their involvement Assess to what extent the program has contributed to capacity development and the strengthening of partner institutions and program

Duties and Responsibilities

The role of the evaluation team is to prepare the evaluation design, identify appropriate evaluation tools, carry out the evaluation and prepare the evaluation report as well as any interim reports as required by the terms of reference. The evaluator should reflect on the importance of gender analysis, an understanding of the rights-based approach to development and a commitment and skill in participatory methods when working with communities and the project partners. Main Outputs of the Evaluation: The following will be the deliverables by the evaluation team/ consultants: Evaluation inception report containing, the team leader will have the overall responsibility for finalization and presentation of the report. Interpretation of TOR Design of evaluation including outline of methodology Work plan Evaluation tools Program site visits, both the team leader and the local consultant will be responsible for conducting the field visits. Feedback of results to Sida, UN Women and partners, the team leader will have overall responsibility of the results and the feedback. Evaluation report (first draft for discussion followed by a final report). The consultant should submit four hard copies and two soft copies (in CD ROM) of the final report. The team leader has overall responsibility for finalization and submission of the reports. The report final report should be structured as follows; Executive Summary Program Description Evaluation Purpose Evaluation methodology Findings What worked and did not work Lessons learnt Recommendations Annexes The report should not exceed 30 pages excluding annexes This section will also include a timeframe of the overall process (draft timeline) - Simple table with key milestones and expectations and expected dates for deliverables The evaluation is expected to start on 25th October 2011 and end by 5th December 2011 The evaluation location and partners will be identified during the inception meetings with Sida and UN Women.The evaluation location and partners will be identified during the inception meetings with Sida and UN Women. Methodology: To address the evaluation questions, multiple methods will be applied to collect both qualitative and quantitative data. Literature review through revisiting various reports, filed information, financial records, existing at UN Women, Sida and partners offices. The literature review should also include but not be limited to institutional information systems and other relevant documents including UN Women Strategic Plan, cooperation agreements, partner review meeting reports and progress reports to Sida. Direct observation by visiting supported organizations in the intervening areas and conducting interviews and focus group discussions. Key informants for the evaluation will include (key government state agencies, CSOs, donors and other partners, women’s groups, beneficiaries, community groups, government officials among others) as well as staff of UN Women Nairobi. Sampling can be applied in selected sites to be visited for meetings with beneficiaries. Case studies and surveys may also be used as part of data collection. Management Arrangements UN Women and Sida will jointly determine the evaluation consultant/team. UN Women will be responsible for the hiring and management of the evaluators. Sida and UN Women will jointly support the evaluation and will both designate a focal point for the evaluation and any additional staff to assist in facilitating the process (e.g., providing relevant documentation, arranging visits/interviews with key informants, etc.). Ultimate reporting of the evaluation consultant/ team will be to UN Women, and UN Women will ensure that the report submitted by the evaluation team satisfies the TOR fully. Both UN Women and Sida will develop an appropriate dissemination strategy and will ensure that the evaluation results are disseminated strategically. Following UN Women Evaluation Policy, a management response will be developed within six weeks after report finalization. The final evaluation report and management response will be published and made available electronically through a publically accessible online repository of evaluations (Evaluation Resource Center, ERC). Sida and UN Women will also make sure that evaluation recommendations are considered and ensure that agreed actions are implemented and monitored.

Competencies

Evaluation Code of Conduct and Evaluation Standards and Principles: The evaluation consultant/team will adhere to the United Nations Evaluation Group (UNEG) Code of Conduct and the following evaluation standards, as outlined in the UNEG Norms and Standards and the UN Women Evaluation Policy: Participation and inclusiveness: Evaluation should foster the participation of key stakeholder (including UN Women’s key partners in government, civil society and the UN system) during the preparation, conduct and utilization/follow-up stages of the evaluation process to ensure the credibility, quality and use of the evaluations, including during the validation of the evaluation findings. Utilization Focused and Intentionality: Evaluation should be focused on the needs of key users and there should be a clear intent to use the findings for learning and knowledge generation, decision-making and program improvement. They should be designed and completed in a timely manner to ensure their usefulness. Transparency, Independence and Impartiality: Evaluation should be free from undue influence to ensure unbiased and transparent due processes and reporting. It should take into consideration both achievements and challenges. Quality and Credibility: The design, preparation and conduct of gender equality and human rights responsive evaluation should ensure the high quality of the evaluation and strive to make use of new and cutting edge mixed methods for evaluating women’s empowerment, gender equality and women’s human rights issues. Ethical: Evaluators should have personal and professional integrity and abide by the UNEG Ethical Guidelines for Evaluation in the UN system and the Code of Conduct to respect the rights of individuals involved in an evaluation The above documents (United Nations Evaluation Group (UNEG) Code of Conduct, UNEG Norms and Standards and UN Women Evaluation policy) will be made available to the evaluation team/ consultant as part of the documentation for this assignment.

Required Skills and Experience

Evaluation Team: The evaluation team will be composed of 2 independent consultants (1) international consultant who will be the team leader for the evaluation and (2) local consultant who will work closely with the team leader. The team leader will possess the following combination of skills and expertise: Education: At least a master’s degree in any social science; PhD an asset. Experience: At least seven years of evaluation experience, five years of which in evaluating development programs related to human rights, gender and results-based evaluations Experience in leading evaluations and managing an evaluation team Knowledge of issues concerning women’s human rights and gender equality including specifically in the area of gender based violence, ii) familiarity with the relevant context in Kenya will be an added advantage Demonstrated ability and excellent communication skills to facilitate group discussions Demonstrated ability to produce high quality evaluation reports, including recommendations for future work of the funding organization/ a donor Ability to work with the Evaluation Manager to ensure that a high quality evaluation report is produced Facilitation skills and the ability to deal with multi-stakeholder groups Language Requirements: Fluent in English; knowledge of local language an asset

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

UN Women: Evaluation of the Kenya Human Rights Program