Exclusion training for the Department of Refugee Affairs (DRS) staff

1. Background

DanChurchAid has implemented humanitarian projects for refugee and host communities in Turkana County through its partners since 1995, three (3) years after the establishment of Kakuma refugee camp in 1992. For many years, all DCA supported projects in education, protection, Community managed Disaster Risk Reduction (CMDRR), livelihoods and WASH implemented through International and local partners and has been offering technical and institutional capacity support to partners. In January 2017, DCA Kenya started direct implementation work in Kakuma refugee Camp. The aim of this strategic change in approach was to enhance its overall added value to its funded project, support partners at closer operational level and take up the role of piloting innovation in humanitarian programming. DCA has developed vibrant partnership with DRS centered around capacity building to help them effectively perform their mandate.

1. Rationale for the exclusion training

Heightened interest in the possible use of exclusion clauses has followed a number of international developments, examples are the conflicts in former Yugoslavia and Rwanda. As a consequence of those events, attention has been focused on the capacity of international mechanisms to identify and exclude undeserving claims, while furnishing international protection to genuine refugees.

The idea of an individual “not deserving” protection as a refugee is related to the intrinsic links between ideas of humanity, equity, and the concept of refuge. The primary purposes of these exclusion clauses are to deprive the perpetrators of heinous acts and serious common crimes, of such protection, and to safeguard the receiving country from criminals who present a danger to that country’s security. If the protection provided by refugee law were permitted to afford protection to perpetrators of grave offences, the practice of international protection would be in direct conflict with national and international law, and would contradict the humanitarian and peaceful nature of the concept of asylum. From this perspective, exclusion clauses help to preserve the integrity of the asylum concept.

1. Purpose of the training

The purpose of the training is to introduce Kakuma Department of Refugees Affairs (DRS) staff and DanChurchAid staff to concept of exclusion on the basis of international and local refugee legal instruments that provide for recognition of refugees and their exclusion from protection. This will deepen participant’s understanding and application of the exclusion criteria in refugee and humanitarian programming. The consultants will be expected to cover broad topics on exclusion including but not limited to:

• Establishing Material Facts, Inclusion (Well Founded Fear, Persecution, Grounds) & IFA

• Article 1F and Article 33(2) of the Refugee Convention and Section 4 (1) Refugees Act, 2021

• Legal Qualification of the Act, Individual Responsibility

• Factors negating individual responsibility Proportionality

• Drafting RSD and Exclusion Assessment

1. Objective of assignment

The objectives of the training are to:

• Introduce participants to the concept of refugee exclusion

• Deepen participant’s understanding in the standards, laws, and policies those underpins refugee exclusion

• Expose participants to existing approaches and considerations for refugee exclusion from protection.

• Increase partner understanding to engagement with rights holders.

1. Expected Deliverables

• Develop the training content/Materials, which shall be reviewed by the implementing team prior to the training.

• Detailed work plan for the delivery of the training

• Deliver the 4- day training on exclusion

• Provide relevant learning/reference materials to the participants during/after the training

• Comprehensive training report which should include evaluation of the training/feedback from the participants

1. Desired Qualifications

• Education: A multi-disciplinary consultant(s) with a master’s degree (or professional equivalent) in a relevant discipline in law, Human rights, forced migration, and development with special focus on refugee protection or international migration

• Experience: Have conducted similar workshop previously preferably for INGO or government actors

• Have previous experience working or training in refugee contexts/ training actors that work with refugees.

• Excellent collaboration, analytical and process moderation skills, and able to interact with participants across contexts.

• Have good training facilitation skills.

• Have good working knowledge of refugee affairs and the Kenyan refugee context including the work of DRS

1. Duration of the assignment

The consultancy is for a period of 4 days and the training is expected to be conducted Mid-January 2023.

1. Assessment management and values

For this assignment, consultants are expected to familiarise themselves with and adhere to the DCA Code of conduct for contractors (ethical principles & standards). Please refer any questions or emerging issues to the DCA Kenya Head of Program [email protected]

1. Payments and costs

The general terms and conditions of this consultancy are:

• Professional fee: The consultant(s) will be paid professional fees in accordance with this TOR and within DCA’s approved rates.

• DCA will cover ALL the consultants’ costs related to carrying out this assignment as defined in the final signed contract.

• Withholding income tax payable to the Government of Kenya (GoK) shall be deducted from the consultants’ fees during payment. Different tax protocols apply for Non-Kenyan consultants.

• A contract will be signed by the consultant(s) prior to commencement of this consultancy which will detail additional terms and conditions of service, aspects of inputs and deliverables.

• The full term of consultancy including preparations and planning, actual training and report writing should not exceed the stipulated number of days.

1. Submission process:

All expressions of interest should include:

1. Technical Proposal

Brief explanation about the consultant(s) with evidence of previous experience in this kind of work; profile of the consultant to be involved in undertaking the consultancy; understanding of the TOR, the task to be accomplished as well as draft training plan. All proposal documents shall be provided in English language.

1. Financial Proposal

The financial proposal should provide cost estimates for services rendered including daily consultancy fees related to the consultant. All the costs must be in KES.