Final Evaluation of the Support to the Constitutional Review Process in Zambia Project

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Evaluation Plan:
2007-2010, Zambia
Evaluation Type:
Final Project
Planned End Date:
07/2010
Completion Date:
05/2011
Status:
Completed
Management Response:
Yes
Evaluation Budget(US $):
30,000

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Title Final Evaluation of the Support to the Constitutional Review Process in Zambia Project
Atlas Project Number: 00053470
Evaluation Plan: 2007-2010, Zambia
Evaluation Type: Final Project
Status: Completed
Completion Date: 05/2011
Planned End Date: 07/2010
Management Response: Yes
Focus Area:
  • 1. Poverty and MDG
  • 2. Democratic Governance
Corporate Outcome and Output (UNDP Strategic Plan 2014-2017)
  • 1. Legislatures, regional elected bodies, and local assemblies have strengthened institutional capacity, enabling them to represent their constituents more effectively
  • 2. Strengthened capacities of national human rights institutions
  • 3. "National systems for the promotion and protection of human rights, including CSO, in place"
Evaluation Budget(US $): 30,000
Source of Funding: UNDP Trac
Joint Programme: No
Joint Evaluation: No
Evaluation Team members:
Name Title Email Nationality
Gregory Chanda Chilufya Team Leader
GEF Evaluation: No
Key Stakeholders: National Constitution Conference (NCC), Government, Cooperating Partners
Countries: ZAMBIAZAMBIA
Lessons
Findings
Recommendations
1 The two projects through which UNDP provided support to the constitution making process have yielded more results when compared to the funds provided. However, there is need for further training on conceptual skills for formulation of project documents so that expected results can be well anticipated and formulated to enable easy capturing during the implementation process.
2 UNDP?s support to the constitution making process was very strategic given that the constitution is the primary law of the land. This requires that all rights based approaches should be incorporated in the support to the review process to enhance the domestication of international human rights protocols Zambia has acceded to. This is expected to enhance the upstream policy and legislative direction for the Country?s development process.
3 Capacity development in Results Based Management (RBM) should be undertaken for both government staff implementing UNDP supported programmes and UNDP Staff to enhance the efficiency of programme implementation so that outputs are effectively delivered. There should also be a common understanding of capacity development between UNDP and Government staff.
4 The evaluation has generated useful lessons that can inform future programmes and projects through which UNDP will support the constitution. However, these lessons should not only be shared with partners in the UNDP?s network but be taken to upstream levels of support to policy and legal frameworks. In addition, UNDP should also strengthen the capacity of other government agencies and national institutions to use the constitution as a tool for planning and delivering goods and services.
5 The public debate that arose during the last constitutional review process indicated that people still have difficulty linking the constitution to service delivery (type, quality and quantity). There is need for UNDP to build the capacity media and CSOs to simplify and communicate the constitution to all stakeholders. The setting up of an institutional framework that promotes the constant and continuous dialogue of the constitution, its application and review.
1. Recommendation: The two projects through which UNDP provided support to the constitution making process have yielded more results when compared to the funds provided. However, there is need for further training on conceptual skills for formulation of project documents so that expected results can be well anticipated and formulated to enable easy capturing during the implementation process.
Management Response: [Added: 2012/01/26] [Last Updated: 2012/01/27]

Noted: It is important to note that the projects were prepared in a participatory manner primarily to produce draft constitutions without influencing the sovereign parliamentary processes of enacting national legislation. Further, the design ensured flexibility to adapt to the changing circumstances required in the constitution making process. In this regard all anticipated critical results were documented in the initial project document without making the necessary amendments overtime but did not include the legislative process in parliament which was not a subject of review at the time.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1.1 Conduct a follow up training for UNDP and Implementing Partner Staff on RBM and M&E.
[Added: 2012/01/26]
Country Office Programme Section 2011/08 Completed The follow up Country Office training on RBM & M&E to the one conducted in May 2009 for UNDP and Implementing Partner staff was conducted in August 2011 and further training will be undertaken in 2012.
2. Recommendation: UNDP?s support to the constitution making process was very strategic given that the constitution is the primary law of the land. This requires that all rights based approaches should be incorporated in the support to the review process to enhance the domestication of international human rights protocols Zambia has acceded to. This is expected to enhance the upstream policy and legislative direction for the Country?s development process.
Management Response: [Added: 2012/01/26]

Noted and the evaluation has highlighted this among its findings. The report submitted by the Constitution Review Commission and the Draft Constitution tabled for review by the National Constitutional Conference have reflected evidence of an enhanced bill of rights section enshrining the Economic Social Cultural Rights, CEDAW, Civil Political Rights among others. Future efforts will be targeted towards increasing awareness about human rights, and advocacy and national consensus building on enshrining claimable human rights in the constitution.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
2.1 Integration of a comprehensive rights based focus and advocacy in future support to the constitution in the new governance programme for the 2011-2015 period.
[Added: 2012/01/26]
Governance Unit 2011/12 Completed UNDP has undertaken additional support to the Constitution Technical Committee which was established to redraft the constitution. The constitution review process and implementation will be supported through the reform Agenda of the 2011-2015 Governance Programme.
2.2 Developing a 2011-2015 Country Programme which also includes strengthening national capacities for monitoring and reporting human rights among its priorities
[Added: 2012/01/26]
Governance Unit 2011/01 Completed The 2011-2015 CPD/CPAP include support for capacity development of national partners to monitor, report and accountability public for access to human rights
3. Recommendation: Capacity development in Results Based Management (RBM) should be undertaken for both government staff implementing UNDP supported programmes and UNDP Staff to enhance the efficiency of programme implementation so that outputs are effectively delivered. There should also be a common understanding of capacity development between UNDP and Government staff.
Management Response: [Added: 2012/01/26]

Agreed, training of government staff to be undertaken as indicated in recommendation 1 above. However, more efforts to also be directed towards establishing good filing systems and establishment of data and information backup systems during implementation to address the data and information gaps that affected the evaluation.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
3.1. Improve the filling of documents, creation of data backup systems and sharing of documents between UNDP and Implementing Partners in future projects
[Added: 2012/01/26]
Governance Unit No due date No deadline established (i) Programme staff to improve follow up on mission and other reports with associated filing, data backup and information sharing. This has been addressed in 2011 through the NIM Guidelines Training undertaken in 2011. (ii) The Country Office has started working on a mechanism to deposit key documents and reports with the National Archives and special collections section in the University Libraries to serve as back up reference centres
4. Recommendation: The evaluation has generated useful lessons that can inform future programmes and projects through which UNDP will support the constitution. However, these lessons should not only be shared with partners in the UNDP?s network but be taken to upstream levels of support to policy and legal frameworks. In addition, UNDP should also strengthen the capacity of other government agencies and national institutions to use the constitution as a tool for planning and delivering goods and services.
Management Response: [Added: 2012/01/26]

Noted; the recommendation to addressed in the design of the new governance programme for the 2011-2015 period and in future support to the constitution making process.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
4.1 The new governance programme to include interventions for building capacity in government institutions to use the constitution as a planning tool and a guideline for rights based delivery of services.
[Added: 2012/01/26]
Governance Unit 2011/12 Completed UNDP Zambia has integrated the proposed approach of using the constitution as a planning tool and guideline for service delivery in its reform agenda and capacity building pillars of the new governance programme.
4.2 The recommendation to be integrated in future UNDP support to the Constitution Making process.
[Added: 2012/01/26]
Governance Unit 2011/12 Completed i) UNDP shared some key lessons on process and content with Government (ii) UNDP Zambia is currently supporting the constitution making process being led by the Constitution Technical Committee That was established in 2011.
5. Recommendation: The public debate that arose during the last constitutional review process indicated that people still have difficulty linking the constitution to service delivery (type, quality and quantity). There is need for UNDP to build the capacity media and CSOs to simplify and communicate the constitution to all stakeholders. The setting up of an institutional framework that promotes the constant and continuous dialogue of the constitution, its application and review.
Management Response: [Added: 2012/01/26]

Agreed; UNDP will continue to engage the Media and CSOs, and train them to simplify and communicate constitutional messages with the general public. UNDP will continue to engage the government and play its neutral brokering role among the Government, CSOs, and Donors to promote constitutional dialogue which may also include the setting up of the institutional framework recommended if government shows interest in it.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
5.1Provide for support to future constitution making processes as well as articulation of costs and institutions required for the implementation of the constitution in the CPAP (2011-2015) annual work plans.
[Added: 2012/01/26]
Governance Unit No due date No deadline established UNDP will continue to play its neutral brokering role to increase the role of the Media and CSOs in the constitutional making process within the context of the new governance programme and future support to the constitution making process.

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