**Terms of Reference - Terre des Hommes Netherlands
Investigation into :
Sexual Abuse and Exploitation of Children through Information and Communication Technologies (ICT) in Kenya
1.0 Background Information and Rationale
Commercial Sexual Exploitation of Children (CSEC) in East Africa region exists in many forms, including: child prostitution, child sex tourism, child pornography, and child trafficking for sexual purposes. Although the exploitation of children is not a new phenomenon, the proliferation of unsupervised and uncontrolled mobile communication devices and easy access of internet through cyber cafes, a defining characteristic of the the digital age has exacerbated the problem and created more vulnerability to children online. A trend has emerged on online sexual exploitation of children for commercial purposes by foreign predators, also referred to as webcam child sex tourism.
These crimes include online grooming where there is the use of digital technologies to facilitate either online or offline sexual contact with minors and the streaming of live sex shows of minors via a webcam in public chat rooms. From research in other regions, we have learned that this form of online sexual exploitation is either facilitated by the child himself, the child’s family or run by adults in webcam dens, where children gather . Predators from all over the world enter public chat rooms to get into contact with minors and pay via different means to see a show.
With rapid urbanisation and growth of the service sector in East Africa, there has been unprecedented development in Information and Communication Technologies (ICT) in the region. As a result of the expansion in ICT, in particular increased use of mobile phones and internet; and the popularity of cyber cafes, more children and adolescents are now being exposed to online threats and vulnerabilities endangering their safety. This facilitates opportunities for the misuse of ICT to abuse and exploit children leaving many children vulnerable to exploitation perpetrated by (networks of) commercial buyers, traffickers, child sexual tourists and other sexual predators.
In recent years, Terre des Hommes Netherlands has developed its expertise in fighting the sexual exploitation of children online in (South East) Asia, with a particular focus on the Philippines as one of the largest hotspots of the phenomenon. The 'Sweetie' research, carried out at the end of 2013, showed the extent and nature of webcam child sex tourism worldwide. It also proved that a proactive approach works. However the existing knowledge base on online exploitation of children for sexual commercial purposes in East Africa is still limited and as technology changes, there is a strong need for research into its nature, magnitude and dimensions. One of the very few reports on this topic is ‘The Commercial Sexual Exploitation of Children In Africa: Development, Progress, Challenges and Recommendation Strategies’ (ECPAT, 2014), which covers the entire continent.
A study conducted by the same organisation in several African countries found that about 10% of children had been approached by online contacts asking them to share sexualised images of themselves. Although the majority (82%) of Kenya cybercafés said that ‘they did not allow pornographic content to be downloaded or viewed, none reported taking concrete measures to prevent this behaviour’. The limited information available gives worrying signals and emphasises the importance of both an explorative and an in-depth study on sexual exploitation online.
Although advances in ICT can facilitate criminal collaboration and communication, law enforcement agencies may frequently lack the human and financial resources, technical capacity and appropriate legal tools to investigate digital crime. Cultural variations and differences in legal systems can also further complicate effective prevention and investigations. Therefore it is also important to understand the current law enforcement systems around online sexual exploitation of children in Kenya to understand to what extend the kenyan government is ready to respond to cases of child victims.
Due to the size of TdH-NL’s CSEC programme in Kenya as well as the participation in current networks of actors exploring online sexual exploitation (and in particular webcam child sex tourism by foreigners), Kenya will be the starting point of this study into online sexual exploitation in East Africa. The specific focus will be Nairobi as an urban hub with a large amount of cybercafes and high-speed internet, as well as the coastal tourist destination where the internet might be used by minors to attract child sex tourist.
Based on the findings of the quick scan an in depth study will be conducted. This study will include information gathering with victims of online sexual exploitation, parents and caregivers, service providers working with victims and the police forces to understand the nature and dimensions of online sexual exploitation.
2.0 Purpose of the study
The purpose of this study is to do a quick scan gathering the available information on the existence of and response to Commercial Sexual Exploitation of Children (CSEC) through various Information and Communication Technologies (ICT) channels in Kenya as well as the circumstances enabling the phenomenon. In particular, the study focuses on sexual exploitation of children through webcam streaming for foreigners and nationals. This investigation will guide the decision if further research is necessary (in case the phenomenon has proven to be present) and identify gaps in the available information that should be studied further during a second phase.
The study will also seek to establish the existing frameworks for child cyber/internet safety and protection measures if any, how effective they are, the gaps thereof and suggest measures to strengthen same.
The information generated will enable TdH-NL to identify national, regional and global advocacy opportunities, to do evidence-based programming on online CSEC, and to encourage regional learning within and outside of the organisation.
2.1 Scope of the study
The research will be limited to a quick scan; a rapid investigation of the current information available on the phenomenon of sexual exploitation of children online in Kenya and circumstances enabling this. The quick scan will explore if there is a reason to believe that there is an interest in online sexual exploitation and in particular webcam child sex tourism with Kenyan boys and girls from perpetrators in other countries and Kenyan nationals.
2.2 Specific Objectives
The objectives of the first phase of the study are:
- Gather all available information on the prevalence of online sexual exploitation of children in Kenya by foreigners and nationals through:
- Local, national and regional media reports
- Reports and interviews with Local or national law enforcement agencies
- Reports and interviews with Ministries and other authorities
- Reports and interviews International bodies such as Interpol and the UK National Crime Agency
- Reports and interviews (I)NGOs
- Identify statutory and policy measures in place by government, in particular;
- Existing legal and policy frameworks for cybersecurity in relation to children
- How effective are the structures and mechanisms for implementing the legal and policy frameworks
- Analyse the growth of ICT in the country and how it affects children´ exposing them to sexual abuse and exploitation to include:
- common practices in cybercafes including regulations to protect children;
- the availability of broadband internet connections and children’s access to this,
- children’s usage of different types of hardware (phones, laptops)
- the popularity of public chatrooms.
- What are the norms, parenting practices, attitudes and practices on the use of technology
- Identify what support is currently available and capacity of service providers to provide this support to child victims (girls and boys) of online sexual exploitation.
3.0 Methodology
The quick scan will be conducted through participatory approaches and data collection methods that will be based on context specific factors such as cultural aspects among others. All data collected will be disaggregated by location, age and sex.
3.1 Types of Data to be gathered for the purpose of this research
a) Review of secondary data sources: existing research studies, literature and reports, review of the existing legal and policy frameworks, national, regional and international on online protection of children.
b) Primary qualitative & quantitative data/information:
The data collection will focus on conducting in depth interviews with key informants and consultations with professionals in the field.
3.2 Ethical Consideration
In accordance with the existing social and religious value systems, sex is a taboo subject in the region. This context will necessitate the development of strict ethical guidelines for this study. All participants are expected to be treated with dignity and respect, and participation in the study will be voluntary.
Confidentiality and the right to privacy should be ensured. Consent will be obtained from all participants prior to their participation.
4.0 Duration of the consultancy
The consultant will be contracted and paid directly by TdH-NL office. The assignment is expected to take approximately 26 days from inception to final report stage. This should be completed by 15th July, 2016.
5.0 Expected Outputs and Reporting Requirements
The consultant will be required to submit 3 reports to TdH-NL with all the relevant annexes. These are (i) an inception report, (ii) a draft report and (iii) the final report.
Table 1 – key activities for the assignment
Activity
Who’s Responsible
Timelines
(Tentative)
Start of consultancy: An inception meeting where the consultant is expected to present an inception report to TdH-NL team (TEs, Country Manager & M&E advisor).
TdH-NL
6th June 2016
Data Collection - Quick scan
Consultant working closely with TdH-NL staff
7th June -22nd June 2016
Submission of first draft, in the following format;
- Title Page
- Contents page
- Executive summary – maximum 2 pages
- Introduction and background
- Methodology
- Findings and analysis; conclusions.
- Annexes
- All tools (full versions to be attached)
- List of persons/organisations interviewed
- Terms of reference
- Consent form(s)
Consultant
24th June 2016
Feedback & comments on first draft
TdH-NL
30th June 2016
Further information gathering
Consultant
7th July 2016
Technical/Validation workshop for presentation of final report
Consultants/ TdH-NL representatives
12th July 2016
Submission of final report
Consultant
15th July 2016
6.0 Child Protection Policy
The lead consultant and his/her team, including the enumerators and data clerks, shall sign and follow Terre des Hommes Netherlands (TdH-NL) Child Safeguarding Policy and its related procedures.
7.0 Consultants’ profile
The consultant(s) must have undertaken regional research in the the last four years with demonstrated understanding to the East African regional context and should have the following qualifications:
- Master’s degree in Social Sciences, Community Development or other related fields
- Demonstrated experience in project/programme management at national level and regional level.
- A minimum of 5 years working experience in children's issues/ child protection programmes.
- Knowledgeable in Rights Based Approach to development.
- Proven experience in conducting participatory qualitative and quantitative evaluation studies with superior analytical skills.
- Excellent oral and written English and Kiswahili
- Excellent analytical and report writing skills
- Proven experience in child centred methodologies.
- Excellent interpersonal and teamwork skills
- Computer proficiency with good knowledge of Windows environment and statistical packages preferably Statistical Program for Social Sciences (SPSS).
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HOW TO APPLY:
**How to apply
Please send your detailed proposal per the Terms of Reference by e-mail to the Child Protection Expert at: recruitment.africa@tdh.nl, clearly demonstrating how you meet the qualifications for this position, no later than by Monday 23rd May 2016.
For more information about this consultancy, you can contact the Child Protection Expert through the same e-mail address.
Note that only shortlisted candidates will be contacted.**
