National institutions foster democratic governance and human rights to promote transparency, accountability, participation and access to justice for all especially women and children

Report Cover Image
Evaluation Plan:
2012-2018, Malawi
Evaluation Type:
Mid Term Outcome
Planned End Date:
09/2015
Completion Date:
09/2015
Status:
Completed
Management Response:
Yes
Evaluation Budget(US $):
50,000

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Title National institutions foster democratic governance and human rights to promote transparency, accountability, participation and access to justice for all especially women and children
Atlas Project Number:
Evaluation Plan: 2012-2018, Malawi
Evaluation Type: Mid Term Outcome
Status: Completed
Completion Date: 09/2015
Planned End Date: 09/2015
Management Response: Yes
Focus Area:
  • 1. Others
Corporate Outcome and Output (UNDP Strategic Plan 2014-2017)
  • 1. Output 2.3 Capacities of human rights institutions strengthened
Evaluation Budget(US $): 50,000
Source of Funding: TRAC, Cost-sharing
Joint Programme: No
Joint Evaluation: No
Evaluation Team members:
Name Title Email Nationality
Jens Peter Christensen Mr. JPC@kl.dk
Mustafa Hussein Prof. mkhussein2012@gmail.com
GEF Evaluation: No
Key Stakeholders: Ministry of Justice, OPC, Human Rights Commission, UNICEF, ILO, N
Countries: MALAWI
Lessons
Findings
Recommendations
1 UNDP should continue pursuing the SWAp in democratic governance and strengthen its support to Ministry of Jusitce and Constitutional Affairs (MoJCA) on implementation of policies, laws and regulations and cooperation across institutional jurisdictions such as the police-court-prison cooperation or the institutional gaps in addressing child marriages and GBV. Policy implementation and inter-jurisdictional cooperation could be furthered by the introduction of joint thematic M&E exercises with DP participation.
2 UNDP should rigorously continue its support to the reform of election rules, including the introduction of a more proportional elections system and realignment of constituency demarcations, taking into account the high urban migration patterns in Malawi.
3 UNDP should advocate for a more transparent, accountable and sustainable government funding of MEC, which meets the operational costs of managing the electoral process and the costs of applying the full continuous election management approach.
4 UNDP and UN Women should integrate the gender aspect more consistently in the design of support projects for democratic elections and ensure continuous support to the political empowerment of women throughout the election cycle.
5 In addition to a continuous lobbying for the Political Parties Registration and Regulations (PPRR) Bill, UNDP in collaboration with CMD and similar stakeholders should facilitate public awareness campaigns on the need for: 1) a legal framework on party-internal democratic functioning and management practices; 2) a reduction on the constitutional threshold (of ten percent of the national vote) to qualify for public funding to ensure that a majority of political parties that have secured representation in Parliament can also access public funding, and 3) introduction of a legal framework that will regulate private and campaign financing of political parties.
6 The support to CMD remains relevant, despite the delay in the new PPRR Bill and UNDP and UN Women should continue supporting it. There is a need for long-term support to the collaborative efforts of the political parties as a whole to help parties and factions to work together by offering a supplementary neutral platform where politicians can get together to discuss issues away from public arenas such as the Parliament and the media.
7 The elections of new District and City Councillors create a need for support to local party politicians. Similar to national MPs, councillors need to be able to work collaboratively with each other, and to facilitate such collaborations, they need a neutral space for productive discussions outside of pubic council meetings. UNDP should discuss with CMD, if CMD is in a position to deliver such assistance at the local level or if other institutions with a sound understanding of local conditions and with adequate skills to broker political relationships could do this, if possible in partnerships with Netherlands Institute for Multiparty Democracy (NIMD) and/or Danish Institute for Party Democracy (DIPD).
8 UNDP should continue advocating for the implementation of the recommendations made by the United Nations Human Rights Committee (UNHRC), including the amendment of the Human Rights Commission Act to ensure full independence of the committee and to remedy the capacity constraints pertaining to the Commission?s resource envelope and its ability to attract and retain the right quantity and quality of personnel. UNDP should liaise with the Law Commission, the Human Rights Committee of the Parliament and MoJCA to rally support for the independence of the Malawi Human Rights Committee (MHRC).
9 UNDP should continue its dialogue with the MHRC to actively engage in LGBT rights. Technical support in this area should be offered by OHCHR if MHRC considers this could improve its capacity and impact
10 UNDP should initiate discussions with the incoming Ombudsman on future needs for institutional development of the Office of the Ombudsman (OoO). This should include the need for improving parliamentary oversight of the OO, improving the legal framework of the institution as well as enhancing the resource envelope, skills development and outreach activities. The dialogue should form the basis for a broader discussion with the government (executive), parliament and the DPs on how the independence and operational capacity of the institution can be improved and supported.
11 UNDP should encourage OPC to include costing as a key criterion for the design of the NPA. The National Peace Architecture (NPA) is an important supplement to the broader devolution process, but not a substitute for it and funding of a permanent NPA structure must not make adverse inroads into overall funding of the devolution process. Instead, alternative sources of funding should be pursued, such as fuel levies, own contributions through income generation activities and donor funding.
12 UNDP should discuss with Ministry of Local Government (MoLRD) and relevant DPs how reform oversight can be improved. Coordination of the dual local government reform and IRD approach needs strong oversight and coordination which can build linkages to more fundamental reforms in fiscal assignments and transfers, in civil service, IFMIS, sector planning, etc. As a minimum, the Sector Working Group (SWG) on Decentralization and Integrated Rural Development (IRD) should include elected councillors in their meetings, preferably the Chair of the Malawi Association of Local Government and Administration (MALGA) and participants from the key line ministries (agriculture, education, health) as foreseen by the TOR for the SWG. Ultimately, strong OPC support might be needed in order to sanction any resistance to inter-ministry coordination and to ensure a very close integration with the public sector reform efforts.
13 UNDP should support the SWG decision on designing a joint decentralization monitoring framework. Lessons learnt from countries in the region such as Tanzania, Rwanda, Uganda and Ghana should be studied carefully as they can provide valuable inputs to a monitoring framework for Malawi. Particular attention should be paid to the application of performance-based grants and performance incentives in these reforms, which could serve as inspiration for similar approaches in Malawi
14 UNDP should ensure that the remaining consultancy on the IRD strategy takes into account the conduciveness of the current local government framework towards successful implementation of the strategy. The consultancy should revisit a) the lessons learnt from the Millennium Village Project in Mwandama and Gumulira, b) international research on support to local government?s role in local economic development, and c) the conducive elements in the local government framework, which makes the IRD approach implementable in Tanzania. Based on these analyses, the strategy should establish minimum conditions within the Local Government (LG) framework, which are key for the IRD success in Malawi and whether these minimum conditions are sufficiently addressed in the present devolution process. Minimum conditions should include the fiscal aspects and links to the district development plan, the role of district councils, the conduciveness of sector approaches in area based planning, staff requirements and their accountability links to the district council as well as the need for performance incentives and oversight. These minimum conditions and the feasibility of the IRD strategy should be discussed in the SWG prior to the implementation of the strategy.
15 If the IRD strategy moves forward, UNDP and MoLRD should enter into discussions with MoLRD, Lilongwe University of Natural Resources and Agriculture (LUANAR), Malawi Institute of Management and the University of Malawi on the establishment of a national IRD knowledge base, which is firmly linked to the devolution process and can provide policy support to, and practice-based in-service training in, IRD.
16 Funding from UNDPs global Democratic Governance Trust Fund could be an additional funding source for piloting of new governance innovations and UNDP should investigate the feasibility of mobilizing additional funding from this source.
1. Recommendation: UNDP should continue pursuing the SWAp in democratic governance and strengthen its support to Ministry of Jusitce and Constitutional Affairs (MoJCA) on implementation of policies, laws and regulations and cooperation across institutional jurisdictions such as the police-court-prison cooperation or the institutional gaps in addressing child marriages and GBV. Policy implementation and inter-jurisdictional cooperation could be furthered by the introduction of joint thematic M&E exercises with DP participation.
Management Response: [Added: 2016/01/13]

UNDP accepts the recommendation. Its support to the Democratic Governance (DG-SWAp) continues through alignment of institutional strategies to the DG Sector Strategy (DG-SS. UNDP will support synergistic initiatives across istitutions in the DG sector keeping a keen eye on vulnerabl groups such as women and children. Where necessary NDP will explore the introduction of joint thematic M&E exercises with DP participation.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Implement priority DG Sector and individual institutional reforms
[Added: 2016/01/13] [Last Updated: 2018/08/17]
Responsive Institutions and Citizen Engagement (RICE) 2016/12 No Longer Applicable [Justification: Project closed and there are no resources to implement reforms.]
History
Institute a DG Sector Coordination Secretariat
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2016/12 No Longer Applicable [Justification: The project is closed.]
History
Strengthen the capacity of sector institutions to collect, manage and use data
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2016/12 No Longer Applicable [Justification: The initiative has been transfered into the new country programme (2019-2023) and processes are underway to develop a UN joint programme on data for development which will provide for strengthening of institutions involved in data collection, analysis and dissemination.]
History
2. Recommendation: UNDP should rigorously continue its support to the reform of election rules, including the introduction of a more proportional elections system and realignment of constituency demarcations, taking into account the high urban migration patterns in Malawi.
Management Response: [Added: 2016/01/13]

UNDP accepts this recommendation. In 2016 support to electoral reforms will be strengthened through working closely with the Malawi Electoral Commission (MEC), Malawi Electoral Support Network (MESN) and Malawi Law Commission. More support will be offered to the Law Commission to amend the existing Electoral statutes. In addition, the electoral reform process will also incorporate the revised Political Parties Registration and Regulation Bill.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Support the implementation of key recommendation of the Electoral reform report
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2017/12 Completed Key recommendations were supported. History
2. Support the Law Commission to review electoral laws
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2016/12 Completed The Law Commission completed the review and presented the report to parliament. History
3. Support finalization Political Parties Registration and Regulation bill.
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2016/09 Completed The bill was completed and turned into law. History
3. Recommendation: UNDP should advocate for a more transparent, accountable and sustainable government funding of MEC, which meets the operational costs of managing the electoral process and the costs of applying the full continuous election management approach.
Management Response: [Added: 2016/01/13]

UNDP agrees with this recommendation and will explore opportunities for doing this with MEC.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Support advocacy acitivities for predictable MEC funding
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2017/12 Completed History
4. Recommendation: UNDP and UN Women should integrate the gender aspect more consistently in the design of support projects for democratic elections and ensure continuous support to the political empowerment of women throughout the election cycle.
Management Response: [Added: 2016/01/13]

UNDP agrees with this recommendation. From 2015, Political Empowerment of Women is no longer a stand-alone project but rather an output of the Electoral Cycle Support Project. This will ensure that support to women is provided throughout the electoral cycle.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Carry out a needs an assessment of 7 Political Parties? Youth and Women wings and support the development and implementation of a work programme.
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2017/12 No Longer Applicable [Justification: The project closed and there were no funds to complete this assignment. ]
History
2. Carryout an assessment of CSO?s working on Political Empowerment of Women and support the development and implementation a work programme.
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2017/12 No Longer Applicable [Justification: This initiative was taken up by UN Women.]
This initiative was taken by UN Women. History
5. Recommendation: In addition to a continuous lobbying for the Political Parties Registration and Regulations (PPRR) Bill, UNDP in collaboration with CMD and similar stakeholders should facilitate public awareness campaigns on the need for: 1) a legal framework on party-internal democratic functioning and management practices; 2) a reduction on the constitutional threshold (of ten percent of the national vote) to qualify for public funding to ensure that a majority of political parties that have secured representation in Parliament can also access public funding, and 3) introduction of a legal framework that will regulate private and campaign financing of political parties.
Management Response: [Added: 2016/01/13]

UNDP accepts this recommendation. The Centre for Multiparty Democracy (CMD) with technical and financial support from UNDP will embark on a massive campaign to advocate for the enactment of PPRR bill. This will also be complimented by the wider electoral reforms taking place as the PPRR bill will be part of the package. In addition, PPRR draft bill has already addressed the issues of political party financing there by agreeing to this recommendation.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Support the finalization and advocacy for the PPRR bill.
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2016/12 Completed The bill was finalized and subsequently turned into law. History
2. Support the development of a new strategic plan for CMD that incorporates issue of funding within and of political parties.
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2017/09 Completed History
6. Recommendation: The support to CMD remains relevant, despite the delay in the new PPRR Bill and UNDP and UN Women should continue supporting it. There is a need for long-term support to the collaborative efforts of the political parties as a whole to help parties and factions to work together by offering a supplementary neutral platform where politicians can get together to discuss issues away from public arenas such as the Parliament and the media.
Management Response: [Added: 2016/01/13]

The recommendation is in line with UNDP?s plan for 2016. UNDP will advocate for the linking of multiparty liaison committees (MPLCs) with district peace committees so that parties have a more collaborate peace dialogues and able to resolve issues in a better platform. Furthermore, support to CMD will be enhanced as it is a neutral institution that political parties are members of.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Provide financial resources for continued operations of CMD
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2017/06 Completed Funding for CMD continues at least until June, 2019. History
2. Provide resources for MPLCs
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2017/12 Completed History
7. Recommendation: The elections of new District and City Councillors create a need for support to local party politicians. Similar to national MPs, councillors need to be able to work collaboratively with each other, and to facilitate such collaborations, they need a neutral space for productive discussions outside of pubic council meetings. UNDP should discuss with CMD, if CMD is in a position to deliver such assistance at the local level or if other institutions with a sound understanding of local conditions and with adequate skills to broker political relationships could do this, if possible in partnerships with Netherlands Institute for Multiparty Democracy (NIMD) and/or Danish Institute for Party Democracy (DIPD).
Management Response: [Added: 2016/01/13] [Last Updated: 2016/01/13]

UNDP agrees with this recommendation. Given the evident neutrality of CMD and its comparative advantage to bring political parties, it would be ideal to replicate this at local level. Malawi?s local government system is also divided into political lines so it would be idea to use CMD with technical assistance from other stakeholder such as NIMD and DIPD.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Support to formulation of CMD strategic plan incorporating support to local government
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2016/12 Completed History
8. Recommendation: UNDP should continue advocating for the implementation of the recommendations made by the United Nations Human Rights Committee (UNHRC), including the amendment of the Human Rights Commission Act to ensure full independence of the committee and to remedy the capacity constraints pertaining to the Commission?s resource envelope and its ability to attract and retain the right quantity and quality of personnel. UNDP should liaise with the Law Commission, the Human Rights Committee of the Parliament and MoJCA to rally support for the independence of the Malawi Human Rights Committee (MHRC).
Management Response: [Added: 2016/01/13] [Last Updated: 2016/01/13]

UNDP accepts the recommendation. Strategic activities shave been lined up in 2016 to ensure that Malawi tackles the recommendation made by UNHRC.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Support the advocacy activities for the independence of MHRC
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2018/12 Overdue-Initiated History
2. Support the amendment of the MHRC act to strengthen the independence of the Commission
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2018/12 Overdue-Initiated History
9. Recommendation: UNDP should continue its dialogue with the MHRC to actively engage in LGBT rights. Technical support in this area should be offered by OHCHR if MHRC considers this could improve its capacity and impact
Management Response: [Added: 2016/01/13]

UNDP accepts this recommendation. UNDP will liaise with the OHCHR which has the technical mandate and expertise to engage MHRC on the protection of minority rights.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Support MHRC to protect the rights of minority groups
[Added: 2016/01/13]
RICE No due date No deadline established
10. Recommendation: UNDP should initiate discussions with the incoming Ombudsman on future needs for institutional development of the Office of the Ombudsman (OoO). This should include the need for improving parliamentary oversight of the OO, improving the legal framework of the institution as well as enhancing the resource envelope, skills development and outreach activities. The dialogue should form the basis for a broader discussion with the government (executive), parliament and the DPs on how the independence and operational capacity of the institution can be improved and supported.
Management Response: [Added: 2016/01/13]

UNDP agrees with the recommendation. Capacity development of the Ombudsman will be at the center of intervention for 2016. This will involve building capacities in oversight, investigations of cases, and case management systems.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Train Staff on Case Management System
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2017/12 Completed History
2. Train Staff on Investigative Skills
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2018/12 Overdue-Initiated History
11. Recommendation: UNDP should encourage OPC to include costing as a key criterion for the design of the NPA. The National Peace Architecture (NPA) is an important supplement to the broader devolution process, but not a substitute for it and funding of a permanent NPA structure must not make adverse inroads into overall funding of the devolution process. Instead, alternative sources of funding should be pursued, such as fuel levies, own contributions through income generation activities and donor funding.
Management Response: [Added: 2016/01/13]

UNDP accepts this recommendation. To ensure the sustainability of the National Peace Architecture (NPA), UNDP has been involved in proving technical inputs to the National Peace Policy that stipulates the need for sustainable domestic resource mobilization. The Policy is in draft and 2016 will involve advocacy with leadership, legislature and relevant stakeholders to have the policy approved.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Support advocacy activities for approval of the National Peace Policy.
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2018/10 Completed The National Peace Policy was approved and launched by the State President. History
12. Recommendation: UNDP should discuss with Ministry of Local Government (MoLRD) and relevant DPs how reform oversight can be improved. Coordination of the dual local government reform and IRD approach needs strong oversight and coordination which can build linkages to more fundamental reforms in fiscal assignments and transfers, in civil service, IFMIS, sector planning, etc. As a minimum, the Sector Working Group (SWG) on Decentralization and Integrated Rural Development (IRD) should include elected councillors in their meetings, preferably the Chair of the Malawi Association of Local Government and Administration (MALGA) and participants from the key line ministries (agriculture, education, health) as foreseen by the TOR for the SWG. Ultimately, strong OPC support might be needed in order to sanction any resistance to inter-ministry coordination and to ensure a very close integration with the public sector reform efforts.
Management Response: [Added: 2016/01/13]

UNDP accepts this recommendation. With support from Irish Aid, government system for devolution will be strengthened in 2016, IRD SWG will be inclusive of the chairperson from MALGA and support to local government reforms will be provided.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Support full Devolution of Human Resources and development budget to councils
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2018/12 Overdue-Initiated History
2. Lobby for support for the Local Government Bill and Dissemination of the Act.
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2018/12 Overdue-Not Initiated History
13. Recommendation: UNDP should support the SWG decision on designing a joint decentralization monitoring framework. Lessons learnt from countries in the region such as Tanzania, Rwanda, Uganda and Ghana should be studied carefully as they can provide valuable inputs to a monitoring framework for Malawi. Particular attention should be paid to the application of performance-based grants and performance incentives in these reforms, which could serve as inspiration for similar approaches in Malawi
Management Response: [Added: 2016/01/13]

UNDP agrees with this recommendation. UNDP is supporting the Ministry of Local Government and Rural Development to come up with a programme framework for IRD and Decentralization. This programme framework will incorporate a robust monitoring and evaluation framework of devolved sectors. Lessons from LDF and other countries will, assist the development of performance based grants to local councils.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Support the finalization of programme framework on IRD and Decentralization
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2018/09 Overdue-Initiated History
14. Recommendation: UNDP should ensure that the remaining consultancy on the IRD strategy takes into account the conduciveness of the current local government framework towards successful implementation of the strategy. The consultancy should revisit a) the lessons learnt from the Millennium Village Project in Mwandama and Gumulira, b) international research on support to local government?s role in local economic development, and c) the conducive elements in the local government framework, which makes the IRD approach implementable in Tanzania. Based on these analyses, the strategy should establish minimum conditions within the Local Government (LG) framework, which are key for the IRD success in Malawi and whether these minimum conditions are sufficiently addressed in the present devolution process. Minimum conditions should include the fiscal aspects and links to the district development plan, the role of district councils, the conduciveness of sector approaches in area based planning, staff requirements and their accountability links to the district council as well as the need for performance incentives and oversight. These minimum conditions and the feasibility of the IRD strategy should be discussed in the SWG prior to the implementation of the strategy.
Management Response: [Added: 2016/01/13]

UNDP accepts this recommendation. In 2015 a consultant was hired to quality assure the current IRD strategy to which it will go through a final review by IRD SWG before approval. The consultant has been tasked to ensure that lessons from other countries are incorporated including domestic lessons of the Millennium villages.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Support finalization of the Integrated Rural Development Strategy
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2016/12 Completed History
15. Recommendation: If the IRD strategy moves forward, UNDP and MoLRD should enter into discussions with MoLRD, Lilongwe University of Natural Resources and Agriculture (LUANAR), Malawi Institute of Management and the University of Malawi on the establishment of a national IRD knowledge base, which is firmly linked to the devolution process and can provide policy support to, and practice-based in-service training in, IRD.
Management Response: [Added: 2016/01/13]

UNDP accepts this recommendation but due to resource constraints and dependability to other unfinished activities, this recommendation will not be implemented during the current programme cycle. It should be acknowledged that establishment of IRD knowledge base will be critical to sustainable development of Malawi.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Consider providing for implementing the recommendation in the next programme cycle
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2017/12 No Longer Applicable [Justification: Due to resource limitation, no provision have been made for promoting integrated rural development initiatives as envisaged in the evaluation.]
History
16. Recommendation: Funding from UNDPs global Democratic Governance Trust Fund could be an additional funding source for piloting of new governance innovations and UNDP should investigate the feasibility of mobilizing additional funding from this source.
Management Response: [Added: 2016/01/13]

UNDP agrees to this recommendation. New innovate ideas will be devised during the course of the year and proposals for funding sent to the Democratic Governance Trust Fund

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1. Develop funding proposals for consideration under the Democratic Governance Trust Fund
[Added: 2016/01/13] [Last Updated: 2018/08/17]
RICE 2018/12 Overdue-Not Initiated History

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