The Government of the Republic of Malawi
European Union
THE DEMOCRATIC GOVERNANCE PROGRAMME (DGP)
10th European Development Fund – MAI/002/10 TERMS OF REFERENCE SHORT-TERM EXPERTS (STE) MISSION NR. 15 TITLE: SECTOR WIDE APPROACH (SWAP) LEADERSHIP FORUMS FOR THE DEMOCRATIC GOVERNANCE SECTOR (DGS)
Endorsement of finalised ToR: For internal use only: Endorsed by: The Solicitor General and Secretary for Justice Means of endorsement: Signature on ToR cover Date: 30 August 2013
Table of Contents
1.
BACKGROUND ............................................................................................................................... 3
2.
DESCRIPTION OF THE ASSIGNMENT .................................................................................. 6 2.1.
Global objective ..................................................................................................................... 6
2.2.
Specific objective(s) ............................................................................................................... 6
2.3.
Requested services, including suggested methodology .................................................... 6
2.4.
Required outputs.................................................................................................................... 7
3.
EXPERTS PROFILE ........................................................................................................................ 8
4.
LOCATION AND DURATION.................................................................................................. 10
5.
6.
4.1.
Starting period ...................................................................................................................... 10
4.2.
Foreseen finishing period or duration .............................................................................. 10
4.3.
Location(s) of assignment .................................................................................................. 10
REPORTING ................................................................................................................................... 10 5.1.
Content.................................................................................................................................. 10
5.2.
Language ............................................................................................................................... 10
5.3.
Submission/comments timing........................................................................................... 10
ADMINISTRATIVE INFORMATION ...................................................................................... 11
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1. BACKGROUND The Government of the Republic of Malawi with support from the European Union is implementing the Democratic Governance Programme. Funded by the 10th European Development Fund (EDF) to the value of Euro 30 million over 5 years (2011-2016), the Democratic Governance Programme (DGP) has an overall objective to “Contribute to the reduction of poverty through improved Democratic Governance, including access to quality justice, greater participation of all Malawians in democratic decision-making, and increased democratic accountability”.
The purpose of the Democratic Governance Programme is to “Contribute to improved Democratic Governance by ensuring access to quality justice for all in Malawi through a more effective and responsive Judiciary, increased restorative and victim-friendly approaches in both the formal and informal systems, improved democratic accountability and oversight, and to ensure that all Malawians know and understand, and are able to claim, their rights and the services to which they are entitled”.
The DGP seeks to achieve three major results through the implementation of the activities in consecutive Programme Estimates, as follows:
Result 1:
Improved access to quality and responsive justice for all.
Result 2:
Enhanced democratic accountability, human rights observance and civil society Empowerment.
Result 3:
Progressive realisation and implementation of a better coordinated Governance Sector.
Through the support provided to the following beneficiary institutions, it is expected that the results of the programme will impact on the condition of all Malawians, namely:
the Ministry of Justice & Constitutional Affairs (MoJCA) and its constituent departments,
the Judiciary,
the Malawi Electoral Commission (MEC),
the Law Commission,
the Malawi Human Rights Commission (MHRC),
the Malawi Police Service,
the Malawi Prison Service,
the National Registration Bureau (NRB) and
The Paralegal Advisory Service Institute (PASI). 3
The Ministry of Justice & Constitutional Affairs is responsible for the supervision and coordination of the programme with a view to enhance leadership for the broader Democratic Governance Sector. The primary task of the TFU is to support the MoJCA with the management and coordination of the implementation of the DGP. The DGP beneficiary institutions are responsible for the planning of activities in line with their mandates, their strategic plans and the overall objective of DGP Financing Agreement. In July 2011 a service contract for the provision of Technical Assistance to the 10th EDF Democratic Governance Programme in Malawi (EuropeAid /130375/D/SER/MW) was awarded to a consortium of companies under the leadership of the Bureau for Institutional Reform and Democracy (BiRD). The service contract entails the provision of a Technical Facilitation Unit (TFU) for the Democratic Governance Programme (DGP) comprising two key experts (a team leader and financial expert). In addition to the provision of the two key experts, the service contract also includes the provision of 2,200 working days (roughly 100 working months) of short-term experts (STE) support to the DGP and its beneficiary institutions. The Malawi Government through the Ministry of Justice and Constitutional Affairs in close collaboration with the Democratic Governance Sector Institutions and Development Partners has been developing a coordinated Democratic Governance Sector (DGS) through a highly participative, inclusive and consultative process. This process has been in accordance with the national Guidelines for Institutionalizing Sector Working Groups. A number of notable achievements have been registered in the recent past - some of which include: the drafting of the Policy Framework Paper (PFP) in 2010, the Democratic Governance Sector Strategy (DGSS) in 2012 and conclusion of various studies which have fed into the development of the DGSS. The two documents - PFP and GGSS – were approved by Cabinet in July 2013 and provide overall policy and strategic direction and political leadership in respect of the key challenges that confront the Democratic Governance Sector. It is envisaged that a more cohesive and well coordinated Democratic Governance Sector with a clear policy and well defined strategic direction will improve service delivery and address systematic challenges facing the sector institutions.
The Democratic Governance Programme (DGP) has played a significant role in strengthening the DG sector capacity to enhance coherence as well as guiding effective coordination and implementation of sector polices and strategies. This has been achieved through various initiatives namely: providing technical and financial assistance to the drafting of the Policy Framework Paper (2010); and the Democratic Governance Sector Strategy (2012). The PFP seeks to provide a conceptual platform upon which sector institutions may harness their programmes, strategies and activities in order to ensure greater coherence and unity of purpose in the democratic governance reform agenda. The PFP is built on eight fundamental pillars of: access to justice; rule of law; human rights; public participation; election; public safety and security; transparency and accountability; and interagency sector-wide coordination/management. The Democratic Governance Sector Strategy (2012), on the other hand, provides a framework
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for policy coherence and programme coordination to the sector institutions and stakeholders. Emphasis is on alignment of institutional programme interventions with the proposed Priority Reform Programmes focusing on six outcomes described as Key Result Areas (KRAs), to wit: a) Effective Democratic Governance Sector Institutions; b) Strengthened rule of law, improved access to justice, and enhanced public safety and security; c) Improved promotion and protection of human rights; d) Free and credible elections; e) Transparent, accountable and responsive Democratic Governance Sector institutions; f) More effective, independent and representative legislature.
Previous multi stakeholder consultations confirmed institutional capacity as a major obstacle that might impede implementation of the sector strategy if not immediately addressed. This was confirmed in the sector capacity assessment reports that focussed on individual institutions’ technical knowledge, skills and capacity to implement sector reforms. There was evidence to suggest that the DG sector has to strengthen the capacity of its nineteen (19) government institutions to be able to engage stakeholders; i) to analyse the environment they operate in; ii) to formulate policies and strategies; iii) to implement; and iv) to monitor.
Similarly, the multi stakeholder consultations that informed the drafting of the Democratic Governance Sector Strategy identified the following critical institutional challenges in respect of coordination: i) poor information sharing and lack of policy level leadership; ii) limited institutional knowledge and understanding of SWAP; iii) senior management at institutional level not active in SWAP activities; and iv) absence of resources to coordinate SWAP activities at institutional level. The sector strategy further highlighted that credible SWAPs need to be anchored in institutional ownership, national development processes, a shared vision and unified strategy1. The strategy summarised the institutional challenges as follows:- a) poor coordination and insufficient information sharing even though cross-agency collaboration and co-ordination is a requirement of the Government of Malawi (GoM); b) insufficient understanding of sector wide approaches and the individual institutions’ roles and responsibility and collaborative mechanisms; c) lack of buy-in or interest at senior management level for sector co-ordination characterized by lack of meetings to guide and lead sector-wide programmes2.
One of the key recommendations provided in the sector strategy was to address institutional capacity strengthening through change management and leadership initiatives as this would play a significant role in capacity development of the sector institutions, which will, in turn, contribute to higher achievement of results in the DG Sector. To this end, specific support have been 1 2
Democratic Governance Sector- Justice Sub-Sector Capacity Development Strategy and Plan 2012-2016 Democratic Governance Sector Strategy 2013-217
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included in the UNDP’s Democratic Governance Sector Support Programme (2013-17) as well as the EU DGP.
It is against this background that the Ministry of Justice and Constitutional Affairs seeks the services of two experts to develop and deliver SWAP leadership forums/trainings in order to strengthen the capacity of policy leaders and managers across the Democratic Governance Sector. This will, in turn, contribute to the effective coordination and management of a Sector Wide Approach in the DG Sector in Malawi.
There is a possibility that this training could be replicated in future after this initial pilot phase.
2. DESCRIPTION OF THE ASSIGNMENT
2.1.
Global objective
The global objective of this assignment is to contribute towards the achievement of Result Area 3 of the Democratic Governance Programme: Progressive realisation and implementation of a better coordinated Governance Sector. The assignment will further contribute to the Democratic Governance Sector Strategy Key Result Area 1: Effective Democratic Governance Sector Institutions. The KRA focuses on building sector capacities, and builds on the capacity assessments and the insight that frail institutions cannot fulfil MGDS II targets.
2.2.
Specific objective(s)
a) To conduct a learning-needs assessment of a sample of leaders/managers in the DG Sector institutions with a particular focus on gaps in knowledge, skills and attitudes regarding Sector Wide Approaches and Implementing Policy Change (IPC). b) To design and facilitate learning sessions on Sector Wide Approaches and Implementing Policy Change (IPC) for leaders/managers of sector institutions at the policy, middle and operational levels in order to address the capacity gaps.
2.3.
Requested services, including suggested methodology
The requested services will involve working closely with a multi-stakeholder Reference Group with representation from the MoJCA Policy & Planning Unit (PPU), selected DGP Beneficiary Institutions, the UNDP and the DGP Technical Facilitation Unit (TFU), working under the supervision of the Solicitor General and Secretary for Justice in her capacity as Chairperson of the DG Sector. The specific tasks will include:
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a) Meeting and coordination with the RFG, PPU and TFU at the start of the mission – including one start-up meeting and then ongoing coordination with the RFG throughout the mission. b) A desk review of the relevant documents such as Democratic Governance Sector Policy Framework Paper (PFP), Democratic Governance Sector Strategy (DGSS), the Guidelines for Institutionalising Sector Working Groups, all the relevant capacity assessment reports (Justice and Democratic Accountability reports) and any other literature relevant to the specific objectives of this assignment. c) Consultations with relevant stakeholders in the Democratic Governance Sector including development partners (to enhance harmonization, alignment and coordination), and relevant civil society organisations in relation to the specific objectives of this assignment. d) Learning-needs assessment of a sample of leaders/managers in the DG Sector institutions with a particular focus on Sector Wide Approaches and Implementing Policy Change (IPC). e) A draft curriculum and draft training plan will be presented to the Reference Group for their approval, prior to the development and finalization of the learning materials; f) The development and finalization of all learning materials (including manuals, visual aids, case studies, group work activities etc.) will be done in close consultation with the Reference Group. g) Facilitate three learning events on Sector Wide Approaches and Implementing Policy Change (IPC) for Managers/Leaders of sector institutions at the policy, middle and operational levels. Arrangements related to the logistics of the trainings will be the responsibility of the MoJCA PPU and the DGP-TFU.
2.4.
Required outputs
The required outputs for this mission include: a) An Inception Report to be submitted within 5 days of the start-up meeting, including a draft work plan, timelines and proposed methodology. The Inception Report will be presented to the Reference Group, PPU and DGP-TFU for comments and approval. b) A draft Mission Report covering the entire assignment– at the end of the mission period - shall contain, but shall not be limited to, the following elements: Executive Summary; Background; Methodology; Main findings related to the global and specific objectives of the assignment; Key recommendations; Conclusions; and 7
In annex, the training needs analysis report and detailed curricula and training plan.
c) A final Mission Report, taking on board comments from the RFG and the DGP - TFU.
3. EXPERTS PROFILE
3.1.
Number of requested international & national experts and number of days required
The following types of expertise are required:
Duration Position
Designation
Type of Expertise
(working days)
1
Team Leader
Senior International Democratic Governance and Sector Wide Approach (SWAP) Expert
36
2
Team Member
Senior National Strategic Planning and Institutional Development Expert
30
The consultant team will consist of 2 experts, with the team leader being an International Democratic Governance and Sector Wide Approach (SWAP) Expert, while the second position will be filled by a National (Malawi-Based) expert in the field of strategic planning and organizational development with clear understanding of SWAP management. The team leader will be responsible for overall planning, coordination and management of the mission as well as the overall analysis, conclusions and recommendations as drafted and presented in the final mission report.
Experts should have the following skills and competences: Proven knowledge and experience of SWAPs; Fluent in spoken and written English; Facilitation and training expertise; Excellent analytical competence and interview skills; Active listening skills and strong report writing skills;
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3.2.
Profile required (language, education, experience)
Position 1 – Team leader: International Democratic Governance and Sector Wide Approach (SWAP) Expert: Qualifications and skills: University degree in law, human rights, political science or related field. Proven team leadership, team coordination and client liaison abilities.
General professional experience: Minimum of 10 years of relevant professional experience in the Democratic Governance field. Proven experience in conducting sector specific reviews, institutional assessments and/or
evaluation/monitoring missions.
Specific professional experience: In depth knowledge and experience of the Democratic Governance policy environment; Extensive knowledge of Sector Wide Approach (SWAP) strategies in developing countries; Sound understanding of common law justice systems in the African context will be an
advantage. Proven knowledge and experience of public sector capacity assessment, organisational
development and change management is considered an asset.
Position 2 – National Strategic Planning and Institutional Development Expert: Qualifications and skills: University degree in economics, political science, public/business administration or related
field;
General professional experience: Minimum of 7 years of relevant professional experience; Proven experience in participative planning and strategy development processes, preferably in
the public sector context.
Specific professional experience: Proven experience in the design and/or implementation of public Sector Reform Strategies in
the Malawian context, with a particular emphasis on institutional capacity assessment, strategic planning and institutional capacity building and/or SWAP management;
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Proven knowledge and understanding of Organisational Development issues is essential; Knowledge of the Democratic Governance Sector institutions in Malawi will be an added
advantage.
4. LOCATION AND DURATION 4.1.
Starting period
The estimated start date for this mission is mid October 2013.
4.2.
Foreseen finishing period or duration
The main mission period is 2 calendar months spread over a period of roughly 3 months: from mid October 2013 to mid January 2014.
4.3.
Location(s) of assignment
Some working days for preparatory work, comprehensive desk review, preparation of field missions and report writing are foreseen to be performed by the experts from their home base, i. e. at their usual place of residence, both at the initial stages of the mission and later on during the assignment. The field mission will commence in Lilongwe, Malawi with a kick-off meeting with the Reference Group and the DGP-TFU. One field visit may be required to Blantyre, Zomba and/or Mzuzu respectively, while the rest of the time will mainly be spent in Lilongwe. The exact nature and duration of field trips will be reflected in the approved Inception Report.
5. REPORTING
5.1.
Content
The content of the reports required for this mission are described in section 2.4 above.
5.2.
Language
All reports and correspondence must be in English.
5.3.
Submission/comments timing
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All reports must be submitted by the Team Leader to the DGP-TFU electronically in the format provided at the start of the mission. Comments by the RFG and DGP-TFU on the various draft reports, as foreseen in 2.4 above, will be provided to the experts via the TFU as soon as possible.
6. ADMINISTRATIVE INFORMATION
An administrative fact-sheet including contact details of the DGP-TFU and the MoJCA, information on the STE Support Office in Lilongwe, timesheets/technical assistance attendance sheets etc. will be provided before the start of the mission.
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