Terre des Hommes Netherlands´ mica programme
Terms of Reference
Consultancy: Strategic Review of TdH-NL Mica Programme
I. Introduction & background
Terre des Hommes Netherlands (TdH NL) is searching for qualified consultant(s) to conduct an evaluation of its Mica Programme Strategy.
Mica is a reflective mineral group essential in the creation of many products, including electronics, paint, automobiles, plastics, and cosmetics. The resulting products make their way into the hands and homes of an international consumer base, giving the resource a global reach. Most mica is mined informally by families. As a result, domestic mica mining operations pose substantial risks to local children, particularly by perpetuating child labor and exploitation of vulnerable households. While being subject to global standards and regulatory requirements with regards to protection of child rights, business and human rights, and due diligence requirements, still companies along the supply chain have insufficient visibility on their mica use, mica origin, and the risks linked to their mica supply chain. Companies further possess insufficient knowledge on existing remediation solutions and tools nor the capacity to implement efficient remediation plans, exacerbating poor working conditions, economic.
TdH-NL is currently implementing the Mica Programme in India, Europe and Madagascar, which aims to eradicate child labour issues in the Mica industry and to prevent vulnerable children becoming victims of child labour through holistic intervention strategies. This strategic review will cover three pillars of the programme: (1) community empowerment, (2) lobby and advocacy and (3) private sector engagement. The community empowerment pillar is implemented in both India and Madagascar. The Community Empowerment aspect of the programme aims not just to support vulnerable children through for example access to quality education, but also to tackle the root causes of the problem through (among others) promoting additional and alternate livelihood opportunities for their parents. The Lobbying and Advocacy aspect of the programme is aimed at engaging Governments to encourage legalization of mica collection practices and formalisation of mica mining sector. The Private Sector Engagement aspect of the programme is aimed at engaging corporations that benefit from mica mining to encourage them to source mica responsibly, from companies that are not engaged in child exploitation The programme includes three components: India, Madagascar and Global. This review will place particular emphasis on the mica programme in India, since it has been active for over 5 years now and interesting developments have taken place.
In 2016, TdH NL estimated approximately 22,000 children are working in mica collection in the states of Jharkhand and Bihar in India, where mica mining is illegal. The key factors influencing the worst form of child labour in Koderma and Giridih districts are lack of regulation of mica mining, lack of alternative livelihoods other than mica mining, the minimal response of the Government in building infrastructure, lack of educational facilities and poor access to a social security scheme for economically poor families.
TdH-NL has implemented projects that address all these aspects since 2016, which comprise the the Community Empowerment, Lobbying and Advocacy and Private Sector Engagement Pillars. The approach taken by TdH-NL is to effect behavior change in the most important actors involved in child labour in mica mining: children, their families and communities, the Indian government and the private sector. The project outcomes are:
Children act as agents of change on child right
Parents and communities protect children
The Indian government enforces relevant international treaties with regard to child rights that they have signed, and supports formalization of the sector to ensure a living wage for parents and the eradication of WFCL
The private sector only sources responsible mica from the Indian mica belt, and contributes to the well being of children
Another important aspect is lobby and advocacy, for example engagement with the Government of India on legalising mica collection practices with the active participation of a multi-stakeholder platform, which includes community representatives, civil society organisations, academic institutions, business communities, relevant government agencies and researchers under the leadership of the Responsible Mica Initiative (RMI). The state of Jharkhand is drafting a mica dhibra policy that aims to legalize the picking of mica scraps, and set a minimum price for mica. This is an important step towards formalization of the mica industry and has the potential to accelerate impact in eradicating WFCL in the mica supply chain of India. However, the adoption of this policy as well as its implementation will require significant resources. It is important to assess how resources can be mobilized and what the role of Terre des Hommes Netherlands, RMI, the government of India and other important stakeholders should be.
TdH NL and the Responsible Mica Initiative are currently conducting a study, under leadership of the Global Mica Committee in India, to assess how many villages are dependent on mica work for their livelihoods. The original estimate was about 400 villages and current estimates come closer to 806 villages. The up to date information that will come from the study can be used to scope the size of the problem and determine a strategic direction to eradicate WFCL, keeping in mind what TdH NL´s role should be and what the role of other stakeholders should be.
The worst forms of child labour are present in mica mining in Southern Madagascar. In 2019 TdH-NL and SOMO published the report “Child Labour in Madagascar’s Mica Sector”, which concluded around 11,000 children work in mica mining in the south of Madagascar. Root causes are:
Informal mica mining is driven by poverty, drought, insecurity in hard-to-reach areas, lack of social services, and government oversight/control.
Mica is mined informally and, in many cases, illegally; There are few viable alternative livelihood options available. Men and women are therefore seeking income in mica mining. Due to lack of social services they are often accompanied by their young children as they mine or sort mica.
Madagascar struggles with weak government systems. This has an impact on the provision of social services, and regulation and oversight over the artisanal mining sector. The country currently lacks adequate administrative systems for registration and taxation of artisanal mining produce and exports.
A steady increase in mica demand over the last decade has aggravated the WFCL issue in Madagascar.
TdH-NL is implementing two projects in Madagascar, in content aligned to the India projects. As both projects are in start-up phase we do not foresee in-depth strategic realignment at this time. However, the overall programme strategy needs to be coherent and developments in Madagascar need to be taken into consideration. The focus will remain on India and Global programme components, with developments in Madagascar taken into account.
Activities centre on research, private sector engagement, and lobby and advocacy. TdH-NL is a subrecipient of a grant to combat WFCL in Madagascar´s mica supply chain from 2021-2025, which includes downstream engagement including American brands. Although the emphasis remains on Europe, the efforts are truly global with extra attention for the United States.
The programme has published three reports. The first, “Beauty and a Beast” (2016), was designed to raise awareness on the issue of mica mining and child labour and put the issue on responsible mineral sourcing on the global agenda.. The second report,“Global Mica Mining” (2018), developed further insight in the global context of mica mining, including sectors using mica and other risk countries, and built upon the findings of “Beauty and a Beast”. The third report “Child Labour in Madagascar´s Mica Sector” was published in 2019 and focuses on mica mining and child labour in Madagascar.
Lobby and Advocacy
The programme lobbies for eliminating child labour in supply chains, for example through being a key stakeholder to the metallurgical sector covenant., and the Pension Covenant, in which we are an associate member of the ‘mica deep dive’ working group . Furthermore we are a member of the MVO platform (a consortium of NGOs actively lobbying for binding legislation for companies both on the Dutch as well as EU level). TdH lobbies for mandatory due diligence legislation and to that end has been actively involved in advocacy in support of the Child Labour Duty to Care Act (“Wet Zorgplicht Kinderarbeid”), which has been adopted in the Dutch Senate two years, ago, yet has not been implemented. Given recent developments regarding possible EU legislation on mandatory Due Diligence, the Dutch government committed to reviewing the progress and feasibility of EU legislation while not excluding National Legislation. The Dutch government would map progress in the summer of 2021 to further outline its next steps. Hence, this is an important time at national and EU level to lobby for mandatory Due Diligence and the eradication of WFCL from mica supply chains.
Private Sector Engagement
The Private Sector Engagement (PSE) aspect of the programme seeks to work with upstream companies involved in mining and processing of mica in promoting action and responsibility to protect children, especially child labour in the supply chain. This happens via the Indian and Madagascar components of the program. Globally, downstream companies are also targeted to ensure they adhere to the UN Guiding Principles on Business and Human Rights, by taking responsibility and carefully conducting due diligence. TdH-NL also participates in stakeholder dialogues organised by individual companies as well as through bilateral discussions with corporations. Furthermore, we work on agenda-setting mica and networking; for example by presenting mica case stories in relevant fora and networks (e.g. EPRM, OECD, UN, Alliance 8.7)
A critical partner for PSE is the RMI. RMI currently has over 70 members from the cosmetics-, automotive, paints- and coatings and other industries using mica. The RMI has implemented Community Empowerment Programs (CEPs) in 81 villages and aims to implement CEPs in 300 villages in India by 2030. The RMI is conducting a study on living wage, as living wage for the parents of these vulnerable children is a key strategy to eradicate WFCL. Moreover, RMI has a working group on Traceability and Standards, where it is starting a pilot for a digital traceability tool and it has developed a Global Mica Standard. Lastly, the RMI has a Working Group on Legal Frameworks and engaged the Better World Foundation to engage the state of Jharkhand with regard to the Dhibra policy. RMI´s future strategy is key for TdH NL to assess its strategic role in combating WFCL in the mica sector. For TdH, this may also involve mobilising others or handing over to others better placed. RMI is a key partner in both down- and upstream private sector engagement, for India, Madagascar and any other risk countries.
In sum, the Mica Programme is active in India, Madagascar and has a Global component. All components will be evaluated in this strategic review but a particular emphasis will be on India. The full budget is maximum €30,000 for the full review, with a critical review of value for money.
II. Scope and Objectives
The purpose of this ToR is to engage an external agency to support the review of the mica programme strategy in light of a new organisational strategy and contextual changes. The strategic review will focus on the India and Global components. There are no specific objectives for the Madagascar component at this time. However, we expect the Madagascar context to be taken into account when applicable.
The overall objectives of the study are to:
Together with the mica team define design principles for the strategy review and draw out key questions for the review, to be formulated as research questions.
Assess and analyse the organisational strategy and draw out implications for the mica programme.
Conduct a literature review to identify best practices and suggestions for improved impact of ASM child labour projects.
Identify, outline and clarify strategic decisions to be made and facilitate the discussions in making these decisions (e.g. through a series of facilitated online workshops). Include areas of further research if applicable.
Create recommendations for strategic adjustment based on information provided by the mica team and the literature review.
The study will focus on the India component, including community empowerment, private sector and lobby and advocacy activities. Specific objectives for the India component are to review:
The sustainability of the programme, assessing the maintenance of impact beyond the lifetime of the implemented projects. The strategic review should include observations on the sustainability as well as recommendations to improve this, in line with the new mica programme strategy.
The strategic direction for TdH NL to take with regard to the Community Empowerment aspect of its mica programme in India. The strategic review should carefully study the new 5 year TdH-strategy that includes mobilisation of other actors to tackle the problem and hand-over to capable actors. This will include considerations of scale and TdH-NL presence in Jharkhand. The memo on the Interim Fundraising strategy and stakeholder capacity analysis will inform this work
The strategic direction for TdH NL to take with regard to the Private Sector Engagement of the mica programme in India. The strategic review should carefully study the strategy of our key partner, RMI, and carefully align.
The strategic direction for TdH NL to take with regard to the Lobby and Advocacy aspect of its mica programme in India. The strategic review should carefully study the draft Dhibra policy and any relevant documentation/developments in this regard.
Having mapped out the sustainability of the mica projects in India and scrutinized the Community Empowerment-, Private Sector Engagement and Lobby and Advocacy components of the program, the strategic review should detail required resources that are needed and identify opportunities for fundraising.
The secondary focus of the review will be on the Global components. The specific objectives of for the Global component are to:
Review the relevance of the programme strategy in light of recent developments (such as upcoming legislation, increased consumer awareness) and the new 5 year TdH strategy
Review the role of TdH-NL, vis-a-vis other stakeholders such as the RMI, TdH Germany, UNICEF Netherlands, Madagascar/other, TdH International Federation, Hope for Justice, UNDP, PACT, ILO, Dutch and other EU governments and other relevant stakeholders.
The strategic recommendations should be accompanied by relevant fundraising opportunities
III. Strategic Review Questions
We expect that these questions will be further refined and agreed upon by the appointed consultant(s) together with the TdH NL team. Proposed review questions are provided here.
Sustainability of the Program:
To what extent are programme interventions maintained beyond the lifetime of the project? What are Good Practices that can be discerned? If (some) aspects are not well sustained, what are mitigating measures that can be taken by TdH-NL or other actors to prevent children (re) engaging in WFCL in the mica sector? How is child empowerment continued after the TdH project ends (for example over 1 year)? How is government engagement in terms of sustaining efforts previously supported by TdH?
Role of TdH-NL
Considering the role TdH NL played in uncovering the (at the time) hidden form of WFCL in the mica supply chain, what should be TdH NL´s role in the continuation of this journey? For what aspects have other actors been sufficiently mobilized so that components can be handed over? Does this focus on Community Empowerment, Lobby and Advocacy, Private Sector Engagement or also on raising funds for any or all of the program aspects? To what extent are other interventions holistic and in light of developments, to what extent is TdH NL´s approach still holistic enough? What aspects should TdH NL engage in, due to its possible accelerating impact? What is the strategic direction of other partners to combat WFCL in the mica supply chains? Where is there possible overlap and where can complementarity be found? What gaps are left to tackle this issue? Which global/EU stakeholders are currently well equipped to take on various components of the common objective to eradicate WFCL in mica? Which actors should play a role in tackling the issue in other countries, beyond India and Madagascar (such as Brazil and Nigeria)?
Community Empowerment component:
What are the key strengths and weaknesses of the CEP component of the mica programme? To what extent are other actors better able to implement this aspect and raise financial resources to this end? What scale of programme is needed to test new approaches? How sustainable has the programme been in villages we have already left? Should TdH NL maintain a minimal presence in villages worked in and if so, how can this best be done and to focus on what aspects? What kind of financial resources would this require?
Private Sector Engagement component:
What should be the role of TdH NL, considering the strategy of RMI and other stakeholders? How can the Private Sector be further mobilized to accelerate impact in eradication of WFCL? What would be the role of a traceability tool and/or worker voice empowerment tools to ensure a clean and transparent mica supply chain? How are developments in due diligence legislation expected to influence PSE and what can be TdH´s role?
Lobby and Advocacy component:
How can TdH NL best advocate for action on mandatory legislation towards the Dutch government and at EU level? How to get mica included/better inbedded in discussions/lists of most dangerous minerals? How can mica-related expertise of TdH (child labour, child participation, approach towards business, authorities, communities) be better rolled out at relevant (international) fora? What are TdH´s and RMI´s roles respectively? What are the possible and feasible interventions towards formalisation of Mica in Jharkhand & Bihar? How can the Jharkhand dhibra policy best be implemented?
What is the role of unearmarked and institutional funds to further the objectives? What relevant fundraising opportunities are available for the proposed strategic direction? What other strategic opportunities are available for TdH NL to uncover hidden forms of WFCL, in other supply chains relevant and in line with TdH´s new strategy? What relevant funding opportunities would be available?
IV. Strategic Review Scope and Methodology
Given the purpose of the strategic review, its questions, objectives and the context of the evaluation, we expect that the review will utilise a literature review, document analysis and interviews. TdH NL will value the contributions of the consultant(s) on the methodology. The exact methods that will be utilised will be agreed upon by the consultant(s) and the TdH NL team.
The findings of the review can be based on the following:
A desk review of key documents including, but not limited to:
The programme documents such as: programme Theory of Change, research reports, evaluations reports, programme memo’s, the TdH-NL 5 year strategy, the RMI strategy, meeting minutes and relevant correspondence.
Minutes of meetings and field visit reports.
Other programme-related material produced by the project partners including the outcomes of partnership meetings.
Other relevant material published in hard copy, on project web-sites etc.
Fieldwork in Jharkhand, India on the India CEP programme component. Depending on the research questions this can be conducted through agents of TdH-NL.
Interviews with the Project Partners (project team, management, board and other staff) and other key stakeholders
Interviews with the Project Partners and responsible staff of TdH NL dealing with project related activities as necessary.
Review of the achieved outcomes in relation to the set objectives
Interviews and/or questionnaires with intended beneficiaries of the programme and other stakeholders regarding their perceptions of the programme, the recent developments, its role and the desired role for TdH NL, risks to achieve sustainable impact, and areas they feel where programme should increase focus on, mobilize others for or hand over to others
Any other methodologies deemed fit, as per the consultants’ design.
TdH NL team will:
Provide the consultant(s) with all the documentation they require e.g. programme documents, programme monitoring data, reports and audit reports;
Be available for consultation with the consultant(s) to agree on the evaluation questions, design, scope and methodology;
Facilitate communication between the consultant(s) and relevant stakeholders and
Provide timely feedback on written outputs provided by the consultant(s).
We expect that the consultant(s) will develop the methodology, the accompanying tools, collect data, analyze and synthesize the data and produce written outputs described in the table below. We expect that these proposed deadlines will be further refined in agreement with the consultant(s).
Inception report, containing:
A detailed description of the design, methodology and the evaluation questions and the data sources
Preliminary versions of data collection tools
A work plan indicating the phases of the evaluation, timelines and key deliverables
A preliminary outline of the final report
The evaluation report shall be written in English, be of no more than 10 pages (excluding annexes).
Two weeks after award
First draft evaluation report (see final evaluation report for expected draft content).
Six weeks after award
Final evaluation report containing:
Introduction and background,
A clear overview of research questions and objectives,
Methodology, including limitations and key concerns,
The literature review, including all references in an appendix,
Actionable recommendations and suggestions for the new strategy per component (CEP, PSE, L&A),
Points of attention for updating the Theory of Change,
An operationalization road map that will clearly identify how the mica team will work out the strategy in practice,
A clear overview of any remaining open questions and suggestions for further research,
Annexes as deemed relevant by the consultant.
The report should be brief, to the point and easy to understand. It must explain; the purpose of the strategic review, exactly what was reviewed and the methods used. The report must highlight any methodological limitations, identify key concerns and present evidence-based findings, consequent conclusions, recommendations and lessons. The report should be presented in a way that makes the information accessible and comprehensible and include an executive summary that encapsulates the essence of the information contained in the report to facilitate dissemination and distillation of lessons. Any dissident views in response to evaluation findings will be appended in an annex. The evaluation report shall be written in English, be of no more than 25 pages (excluding annexes).
Eight weeks after award
A powerpoint presentation to disseminate the outcome of the review internally. Agency/individual is also expected to present the final outcome of the study personally during the dissemination workshop.
Eight weeks after award
VI. Selection Criteria
TdH NL is seeking proposals from consultants or teams with the following skills and experience:
Demonstrated experience in strategic reviews of projects/programs in different contexts and programmes;
Demonstrated experience in sustainability strategies;
Demonstrated experience in reviewing programs using various methodologies including participatory approaches;
Understanding of the development sector, International Responsible Business Conduct, international supply chains and in particular the child labour and other forms of exploitation; understanding of and commitment to evaluation and research ethics;
Demonstrated ability to write high quality, concise and clear reports in English;
Consultant(s) to abide by the Child safeguarding policy of TdH-NL, required to sign the code of conduct, and submit to a background check (VOG).
VI. Application Instructions
Qualified consultants are invited to send applications to the Sr. Project Manager of the mica programme, Maggie de Jongh-Abebe at firstname.lastname@example.org.
Deadline for submission of the application is October 4th, 2021
The application should include:
Consultant(s) CV (in case of a team, CVs of each team member);
A cover letter highlighting the consultant(s)’ previous work in a similar assignment and if possible, containing links to previous strategic programme reviews;
A technical proposal as outlined below.
The proposal should be no more than ten pages and should include:
Cover Sheet with bidder details: Provide the name, address and telephone number of the bidder organization.
Track record. The purpose of this section is to show that the consultant(s) has the necessary experience and qualifications to carry out the proposed project. Describe the technical, programmatic and management experience of the organization, relevant to the review.
Experience. Describe the qualifications and experience of the consultant(s) who will be responsible for carrying out the study. Include CV’s as attachments.
Proposed methodology, including:
Understanding of the scope of work/deliverables
Proposed detailed methodology for the study
Budget Proposal. The bidder’s budget must reflect the activities to be undertaken for the proposed study in monetary terms. Primarily this shall include the cost of the personnel, out of pocket expenses, miscellaneous cost along with other budget lines. The budget should be maximum €30.000, wherein we will critically evaluate value for money.
Timeline Proposal. The bidder must submit a precise and detailed timeline to conduct study and submit deliverables.
Terre des Hommes