TERMS OF REFERENCE Consultancy Assignment: Advocacy Specialists to formulate the Governance of Extractives Industries programme strategy for Oxfam South Africa right to know and decide can lead to turning gold, platinum, titanium into schools, hospitals and jobs for locals 1. Introduction: Extractive Industries in South Africa The South African Extractives Industry (EI) is vast and global in scale. About 90% of the globe s platinum metal reserves, 80% of its manganese, 73% of its chrome, 45% of its vanadium and 40% of its gold reserves underpin the economy. South Africa also has abundant gas reserves and boasts the world s largest gas-to-liquid refinery in Mossel Bay on the Cape South Coast. In the mining sector, South African companies operate in Lesotho, Mozambique, Botswana, Namibia, Zimbabwe, Zambia, Tanzania, Ghana, Mali, Guinea, Madagascar and the Democratic Republic of Congo. In the oil and gas sector, South African companies SASOL and PetroSA operate in Mozambique, Angola, Gabon, Equatorial Guinea and Nigeria, Sudan and Egypt. In other words, South Africa is a highly significant player in the extractives sector across the continent. However, these significant resources have not resulted in inclusive development in South Africa and the country has become the most unequal society globally, with a Gini coefficient exceeding that of Brazil. The post-apartheid State has failed to address the racialized structure of the sector which has further exacerbated and perpetuated apartheid type exclusion and extreme poverty. One of the key reasons why the sector has been so disappointing is the unjust tax regime. By some estimates, in 2012 alone SA s corporations hid over US $29 billion overseas to avoid paying tax. This is money that could have been used to alleviate poverty and expand capacity of the State to provide essential services. In the same vein, the notorious Marikana massacre in 2012 also remains a painful reminder of rising corporate and political impunity and disregard for community and labour rights in the sector. The lukewarm response to deeper
reforms in the mining sector means communities and civil society will have to combine efforts, build powerful coalitions to demand accountability from both corporates and the government. South Africa s investment in extractives elsewhere is not well documented. 2 Oxfam South Africa (OZA) Oxfam South Africa is a new, independent organisation whose mandate begins but extends beyond South Africa. Oxfam has been engaged with social justice in South for more than 50 years, a legacy OZA consolidates and deepens. OZA has developed an ambitious Strategic plan aimed at advancing social justice in South Africa and beyond, with a focus on addressing the systemic roots of poverty and inequality. Oxfam International, one of the leading global development organisations, is driven by a vision of a just world without poverty and mobilises the power of people to achieve that vision. Oxfam is a diverse confederation of 17 strongly interconnected national affiliates working in over 90 countries, either directly, or with partners to enable transformational change, using a unique combination of long-term development, campaigning and humanitarian programmes. The Oxfam Confederation is currently undergoing a period of transformational change which envisions a future where we are a more interdependent network, driven more by knowledge, organised for more simplicity internally and more globally balanced. Oxfam strives to have affiliates in southern countries that are autonomous, can raise their own funds, run their own programs, make their own alliances with local people s movements, and lobby their own governments and businesses. OZA is the first African organisation that will become a full affiliate of the one Oxfam global network (Oxfam International Confederation). 3. Extractives Industries work Oxfam South Africa (OZA) does not have a concise programme strategy for its extractive industries work. It however continues to implement work in South Africa and the Southern Africa regions through its ongoing project; For Advancing Open Governance, Transparency and Greater Citizen Participation. The principal aim of the project is to build the foundations of a bigger and broader programme to strengthen transparent and accountable governance of the extractive resources sector in order to achieve inclusive growth and development, through the nurturing of a strong, well-resourced and collaborative civil society networks working hand in hand with an active and
informed citizenry to demand accountability from elected officials, regulators, corporations and other key stakeholders in the sector. More specifically, through the project OZA aims to leverage South Africa s role as Chair of the Open Government Partnership (OGP) Initiative to push for extractive industries related commitments in the OGP National Action Plan. In order to create a demand for action on OGP commitments and an accountable and transparent EI sector in general, OZA intends to invest heavily in building capacity of civil society and key stakeholders to conduct research and undertake public education / advocacy efforts on complex subjects like tax justice, extractives governance and the government s OGP commitments. OZA will also respond to opportunities to provide educational materials and technical assistance to policy / regulatory bodies and participate in such processes as appropriate and consistent with the objectives agreed with stakeholders. With respect to communities, as a starting point, the program will work with specific mining affected communities to educate and raise community awareness of government s commitments and obligations under the OGP, the government s regulatory mandate on extractives industries, the duties and obligations of extractives industry actors and the rights of communities in relation to the sector. Preliminary, the key result areas for this programme are; R1. A civil society coalition is established that undertakes joint public education / advocacy to advance open governance & transparency within the Extractives Industry and in South Africa s OGP Agenda. R2. Civil society and communities in South Africa have increased technical capacity to be able to hold government and policy makers to account for the proceeds of mining off their land. R3. The South African Government and relevant institutions are monitored for their stance on Open Governance and for including and implementing commitments on EI transparency in the OGP Action Plan. R4. The South African Government includes and implements EI
transparency commitments in its OGP Action Plan as a result of civil society advocacy. R5. The South African government uses its Chairpersonship role of the Open Government Partnership to strengthen the initiative and actively champion its core principles in multilateral spaces and bilateral trade relations. R6. An Extractive Company make a public commitment to adhere to higher standards of transparency as a result of civil society advocacy. 4. Justification of the Consultancy Assignment The time has come for OZA to elaborate an extractives industries programme strategy that looks beyond the project as a timely intervention and a possible flagship programme of the newest member of the Oxfam global confederation. In line with the underlying principles guiding the One Oxfam Approach agreed by members of the confederation, there is already global strategy on extractive industries. In Achieving Natural Resource Justice, Oxfam International Extractive Industries Global Program Strategic Plan 2016-2019, the point is made that The progress we and our partners have made in changing the debate and the legal and policy frameworks around EI must now be translated into even more meaningful change in the lives of people in resource dependent countries. The strategy seeks to build on the Oxfam global strategy as well as the outcomes of the studies and consultations done since the inception of the projects related to mining and extractives in South Africa by OZA s predecessors. The strategy will be developed in dialogue with relevant stakeholders in the mining and extractive industries; transparency and accountability; and tax justice movements in South Africa, Malawi, Mozambique, Zambia, Zimbabwe and others. The effectiveness of the strategy and campaign will depend partly, upon a sophisticated reading of the political, economic, and social environment in which the campaign seeks to act, plus an analysis of how change can be made to happen and the key individuals who will make the decisions, and how they can be
influenced. 5. Overall Goal of the Assignment The overall objective of this consultancy is to assist Oxfam South Africa draft and finalise its Extractive Industries Programme Strategy. The strategy will elaborate OZAs approach to rolling out an effective and efficient advocacy campaign engaging communities, policy makers, corporations in discussions on transparent, accountable, fair and pro-poor governance of extractive industry resources. 6. Objectives Specifically, the assignment seeks to fulfil the following objectives: Ideally, Two Advocacy Specialists will be contracted to formulate a Governance of Extractives Industries Advocacy and Campaign Strategy for Oxfam South Africa that responds to the key result areas articulated in 3. The consultants will; 1. Make a proper power analysis of the political, juridical and financial aspects of the governance framework for extractive industries in South Africa, with a particular focus on the communities affected by mining s right to know and right to decide (Free, Prior and Informed Consent) 2. Draw a concise mapping of key players, decision makers and civil society advocacy and campaigns initiatives in the extractive industry space 3. Prepare a contextual analysis that will help us identify an advocacy campaign in the following way: a. Assessment of key issues in the EI sector in South Africa and a selection of countries in the sub region b. Define clear policy change objectives c. What needs to change to achieve these objectives? d. What are obstacles to change? e. What are (political) opportunities for change? f. Defining targets (who has the power to make changes happen) g. Defining tools to influence the targets h. Elaborate a clear advocacy campaign strategy including communication and
action strategies i. To ensure cohesion and re-enforcement between the advocacy, civic education and movement building strategies 4. Considering that OZA is an organisation that is committed to feminist principles and feminist methods of analysis. The gendered discrimination, impacts and formulations of extractive industries and their effects of communities should therefore form the centre of the understanding and analysis. 7. Methodology The consultants will work in close collaboration with the project team of Oxfam South Africa and Extractive Industry Leads of Oxfam s in Malawi, Mozambique and Zimbabwe. It is intended that the consultant supports the OZA s Senior Extractives Lead to achieve the above mentioned objective rather than achieving the results him/herself/themselves. Besides OZA and the other stakeholders from the mining and extractives, tax, and transparency and accountability movements will be involved in the process. 1) Desk review and consultations: To study the outcomes of the various research activities realised in related projects and other relevant material by partners on the governance of extractive industries. 2) Hold a national strategy development/planning meeting on extractive industries governance: This is to be done jointly with Oxfam and internal/external stakeholders from the mining and extractives, tax, and transparency and accountability movements with a particular focus on the advocacy campaign strategy and action plan, using power mapping and theory of change methodologies. 3) Both 1 and 2: Individual/team assistance: Interview key people in the stakeholder/power mapping analysis to ensure the advocacy campaign achieves its objectives. 8. Outputs A Strategy document including objectives, strategies, targets, tools and time path. This should be a realistic plan, meaning it should be clear (to what extent)
there is capacity to implement the plan (who will be responsible for what (task)). Those eventually responsible for practical implementation should feel ownership of the strategy (as more or less stated above). Distinct elements of the strategy that include the following; 1. Power analysis of the political, juridical and financial aspects of the governance framework for extractive industries in South Africa, with a particular focus on the communities affected by mining s right to know and right to decide (Free, Prior and Informed Consent). 2. Mapping of key players, decision makers and civil society advocacy and campaigns initiatives in the extractive industry space. 3. A contextual analysis section that will help us identify an advocacy campaign. 4. Record of consultations that demonstrate strategic targeting and reasonable coverage of the players in the sector 5. Oxfam South Africa, internal/external strategic programme development meeting and report 6. Extractive Industries programme strategy 2016-2020 for Oxfam South Africa that positions OZAs work as feminist organisation that pays special attention to the role of patriarchy and the struggles of women in the extractives sector. 9. Time frame The consultancy assignment is expected to be completed by 30 th November 2016 10. Criteria for Programme Development Experts Oxfam South Africa is looking for an individual or team of two consultants who wish work with the Senior Extractives Lead of Oxfam South Africa in consultation with selected regional counterparts in the Oxfam confederation develop an Extractive Industries Programme for 2016-2020. The team will be responsible for producing the Extractive Industries Programme Strategy for OZA, conduct national and regional consultations, conduct desktop and contextual analysis of issues, actors and work in the thematic area, facilitate a strategy
development workshop of Oxfam and partners and maintain quality control and integrity of process for the duration of this exercise. Applicants should demonstrate at least ten years of experience in not-for-profit programme development, policy change campaigns and appropriate tertiary level qualifications. A cover letter and resume should note work in programme development, strategy and campaigns, monitoring and evaluation. Previous experience with regard to mining and extractives, fiscal transparency, accountability and participation, constitutional or economic, social and cultural rights education are advantageous. Ability to write and communicate in more than one official South African language is also an advantage. Successful applicants will not be required full time, but must be willing to travel around South Africa and at least three (3) countries in Southern Africa and also commit to a Five (5) strategic planning workshop towards the end of this consultancy. 11. Submission of proposals Interested candidates should submit their technical and financial proposals addressed to the Senior Extractives Lead, Oxfam South Africa, thembinkosi.dlamini@oxfam.org.za The technical proposal should include the proposed methodology, proposed work plan, the qualifications of the consultant and referees for previous similar work done in the past. The financial proposal should highlight the expected fee for the work. Deadline for submission of technical and financial proposal is 02 nd September 2016. For more about Oxfam South Africa, refer to www.oxfam.org.za