Study of Identification of areas of governance for multicountry PALOP cooperation (10th EDF) Final Report November 2007 English Version Specific contract 2007/141730 Mr. J.M.G.M. de Lucena Mrs. G. Fernandes This report was prepared with the financial support of the European Commission. The opinions expressed are those of the authors and not necessarily those of the European Commission. Table of Contents A BR E VI AT IO N S ................................................................................................................................. 3 1 EX E C UT I VE S UM M AR Y ( BR IE F) ................................................................................................... 6 2 B A CK G RO U N D AN D S CO P E ......................................................................................................... 8 3 MET H O DO LO G Y AN D WO RK P ER FO R M ED ............................................................................... 1 2 4 CO L LE CT E D CO N T RI B UT I O N S- P A LO P AN D T IMO R L EST E ...................................................... 1 5 4 .1 A N G O L A ............................................................................................................................... 1 5 4 .1 .1 G o ver na nc e C o n tex t ................................................................................................ 1 5 4 .1 .2 Abo u t t he Co n tr ib u tor s ........................................................................................... 1 8 4 .1 .3 Reta in ed s ug g es tio n s .............................................................................................. 1 8 4 .2 R E P U B L I C O F C A P E V E R D E ...................................................................................................... 2 2 4 .2 .1 G o ver na nc e C o n tex t ................................................................................................ 2 2 4 .2 .2 Abo u t t he Co n tr ib u tor s ........................................................................................... 2 5 4 .2 .3 Reta in ed s ug g es tio n s .............................................................................................. 2 6 4 .3 R E P U B L I C O F G U I N E A -B I S S A U ................................................................................................. 3 0 4 .3 .1 G o ver na nc e c o n tex t ................................................................................................ 3 0 4 .3 .2 Abo u t t he Co n tr ib u tor s ........................................................................................... 3 4 4 .3 .3 Reta in ed s ug g es tio n s .............................................................................................. 3 5 4 .4 M O Z A M B I Q U E ....................................................................................................................... 3 8 4 .4 .1 G o ver na nc e c o n tex t ................................................................................................ 3 8 4 .4 .2 Abo u t t he Co n tr ib u tor s ........................................................................................... 4 0 4 .4 .3 Reta in ed s ug g es tio n s .............................................................................................. 4 1 4 .5 S Ã O T O M É E P R Í N C I P E ........................................................................................................... 4 4 4 .5 .1 G o ver na nc e c o n tex t ................................................................................................ 4 4 4 .5 .2 Abo u t t he Co n tr ib u tor s ........................................................................................... 4 7 4 .5 .3 Reta in ed s ug g es tio n s .............................................................................................. 4 8 4 .6 E A S T T I M O R .......................................................................................................................... 5 1 5 4 .6 .1 G o ver na nc e c o n tex t ................................................................................................ 5 1 4 .6 .2 Abo u t t he Co n tr ib u tor s ........................................................................................... 5 7 4 .6 .3 Reta in ed s ug g es tio n s .............................................................................................. 5 7 CO L LE CT E D CO N T RI B UT I O N S- E C AN D O T H ER IN ST IT UT IO N S .............................................. 6 1 5 .1 T E C H N I C A L F R A M E W O R K ....................................................................................................... 6 3 5 .2 A S S E S S E D C O N V E R G E N C E S (P A LO P A N D E A S T T I M O R ) ............................................................. 6 7 5 .3 C O M P L E M E N T A R Y P E R S P E C T I V E S ............................................................................................. 7 2 5 .3 .1 Le s so n s l ea r n ed a nd co nt in ui ty (RI P P AL O P ) ......................................................... 7 2 5 .3 .2 In no va ti ve a s pec t s a n d a dd i tio na l sy ner g ies .......................................................... 7 6 5 .4 A S S U M P T I O N S , C O N S T R A I N T S A N D R I S K S ................................................................................. 7 8 Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 1 6 PRO PO S A L O F CO N T EN T S ( AR E AS O F C O O P ER AT IO N / P RO H E CT S) ....................................... 8 0 6 .1 C R I T E R I A F O R S E L E C T I O N A N D O R G A N I S A T I O N ........................................................................ 8 0 6 .2 P R O J E C T S A N D T H E I R C O M P O N E N T S ........................................................................................ 8 1 6 .3 O W N E R S H I P A N D S U S T A I N A B I L I T Y .......................................................................................... 8 8 7 RE CO MM EN D AT IO N S ................................................................................................................ 9 0 8 CO M M EN T S T O T H E D R A FT V ERS IO N ...................................................................................... 9 2 9 A FT E RW O RD .............................................................................................................................. 9 3 AN N EX ES ......................................................................................................................................... 9 4 A N N E X A – I N D E X O F I N C E P T I O N R E P O R T .................................................................................... 9 5 A N N E X B - S C H E D U L E O F W O R K S ( A S P E R F O R M E D ) ........................................................................ 9 6 A N N E X C – L I S O F E N T I T I E S A N D T H E I R R E P R E S E N T A T I V E S ( F I E L D M I S S I O N ) ................................... 9 7 A n nex C1 - A ng o la ............................................................................................................ 9 7 A n nex C2 – C a pe Ver de ..................................................................................................... 9 9 A n nex C3 – G ui nea - Bis sa u .............................................................................................. 1 0 1 A n nex C4 – M o z a mbi q ue ................................................................................................. 1 0 3 A n nex C5 – S ã o T o mé e Pr í nc i pe ..................................................................................... 1 0 6 A N N E X D – G O O D G O V E R N A N C E R E F E R E N C E G R I D ..................................................................... 1 0 8 A N N E X E – I N T R I D U C T O R Y N O T E ( P O R T U G U E S E V E R S I O N O N L Y ) ................................................. 1 0 9 A N N E X F – C O N V E R G E N C E A N A L Y S I S : T 1 ................................................................................... 1 1 1 A N N E X G – C O N V E R G E N C E A N A L Y S I S : T 2 .................................................................................. 1 1 3 A N N E X H – C O N V E R G E N C E A N A L Y S I S : T 4 .................................................................................. 1 1 5 A N N E X I – P R O J E C T F I C H E S ....................................................................................................... 1 2 2 Su ppor t t o Co n soli da tio n of De m o cr a cy a n d t he R ule o f La w ......................................... 1 2 3 Su ppor t t o I m pr ove m e nt o n t h e Q ua l i t y a n d Pr o x i mi ty of P ubli c Ser v ice s ...................... 1 3 0 Su ppo r t t o Re i n fo r c e me n t o f E co no mi c G o ver na nc e a n d Pr i va te sec t o r Dev elop m en t ......................................................................................................... 1 3 7 Su ppor t t o Co n soli da tio n a n d Su s ta i na bi lit y o f t he Co oper a tio n Pa r t ner s hip s ................ 1 4 4 Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 2 ABREVIATIONS ACE Electoral Knowledge Network ACP Africa, Caribbean and Pacific AIDCO EC Agency for cooperation ANA Angola National Assembly ANMP National Municipalities Union of Portugal APRM African Peer Review Mechanism AU African Union A/V Audiovisual BCEAO Bank of the Central African States BIRD International Bank for Reconstruction and Development CEMAC Economic Community of Central Africa CFA Central African Financial Cooperation CPLP Community for Portuguese Speaking Countries CSP Country Strategic Paper CAON-FED National Authorised Officer for Guinea-Bissau CNE National Electoral Commission CEAC Economic Commission for Africa CCIA Chamber of Commerce, Industry and Agriculture DG DEV Directorate-General for Development DGPIP Directorate General for Public Investment Programme EC European Commission EDF European Development Fund EMB Electoral Management Bodies ETDF East Timor Defence Force EU European Union ECOWAS Economic Community of West African States FALANTIL National Liberation Forces for Timor Leste Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 3 FONG Platform of Non-Governmental Organisations (São Tome & Príncipe) GDP Gross Domestic Product HNSM Health National System for Guinea-Bissau IFGEF Training Institute for Management and Economics INAG- National Institute of Administration and Management (Cape Verde) ICT Information Communication Technologies LDC Less Developed Countries LEGIS-PALOP Website for the RIP PALOP Justice Projects MDG Millennium Development Goals MoU Memorandum of Understanding NAO National Authorizing Officer NDLIS National Directorate for Labour Issues Services NDP National Development Plan NEPAD New Partnership for Africa’s Development NGOs Non- Gouvernemental Organisations NIP National Indicative Programme NSAs Non-State Actors ODA Official Development Assistance OECD Organisation for Economic Cooperation and Development ODAMOZ Official Development Assistance to Mozambique Database ORP Observatory for Reduction of Poverty PALOP African Countries Speaking Portuguese PAICV Political Party for the Independence of Cape Verde PARPA II Mozambique National Plan for the Reduction of Absolute Poverty 20062009 PGR- Prosecutors’ General Office PLACON Platform of NGOs for Guinea-Bissau PNTL National Police of Timor Leste PRADET Programme for Psychosocial Recovery and Development in East Timor Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 4 RAO Regional Authorizing Officer RIP Regional Indicative Plan RIU Rapid Intervention Unit RPU Reserve Police Unit SADC Southern African Development Community SMEs Small and Medium-sized Enterprises TCF Technical Cooperation Facility ToR Terms of Reference UCCLA Union of Luso-Afro-American-Asian Capitals UN United Nations UNICEF United Nations Children Fund UNDP UN Development Programme UNTAET United Nations Transitional Administration for East Timor WAEMU West African Economic and Monetary Union WB World Bank Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 5 1 Executive Summary (brief) This document provides final reporting on the results of a study aimed at supporting the determination of the material content of the cooperation framework among the EU and a group of six ACP Countries, within the scope of the 10th EDF (2009/2013 period). The multi-Country cooperation sought will follow the steps of the still ongoing RIP PALOP II and shall thus reflect lessons learned from its implementation. The single focus of this new cooperation Initiative will be Good Governance. The nature of the instrument and its financial boundaries were agreed in due time by means of political dialogue among all key-Partners involved, which are the European Union, the PALOP-Portuguese Speaking African Countries (Angola, Cape Verde, Guinea-Bissau and São Tomé e Príncipe) and Timor Leste. The study was commissioned by the EC from a consortium led by BERENSCHOT, following a call for offers within the scope of the EC Framework Contract mechanism. For Projects identification purposes the prospective areas of cooperation should be chosen in accordance with the general layout of the EU governance programmes, that is: the new 9 clusters approach recently devised by the EC. An Inception Report (detailing the briefing and the desk study stages of the assignment) was prepared and delivered in due time to the EC. In August and September 2007 two Experts were assigned to visiting all the 5 PALOP Countries and collecting as much relevant information as possible from these, by means of fact-finding and exploratory interviews held with Entities and Services specially designated for that purpose. A total of 80 meetings took place in the overall account, these involving 52 State Actors, 26 Non-State Actors and 13 Donors and other international Entities. Convergence and contextual analysis techniques were combined in order to identify a limited number of Projects of a common interest for all the 5 PALOP and Timor Leste. As a consequence of their work Experts recommend that the new cooperation Initiative will provide an umbrella for: a) The integral funding of 4 main projects responding to prospective areas of cooperation (reflecting a high or considerable degree of convergence of needs and priorities among the targeted Countries). b) A financial contribution for a basket fund aimed at supporting the start-up and the running costs for the 4 initial years of operation of the IFGEF (former Macroeconomic Institute), initially planned under the RIP PALOP II c) A TCF (Technical Cooperation Facility), intended to foster ownership and also to secure full continuity and reinforced synergies with regard to the RIP PALOP experience d) An overall financial reserve Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 6 Experts recommend that the following four projects will be retained, each one of them targeting one large domain where consensus on needs and priorities in the six-countries universe seems to be established beyond a reasonable doubt: 1. 2. 3. 4. Support to consolidation of Democracy and the rule of Law Support to improvement on the quality and proximity of Public Services Support to reinforcement of economic governance and private sector development Support to consolidation and sustainability of the cooperation partnerships The suggested TCF would comprise the following possible components: a) Technical assistance to start-up and to coordination and management of the Initiative (at least during its first 2-years period) ; b) Diffusion and ownership reinforcement of Good Practices and replication of PilotActions achieved through the RIP PALOP II. c) Coodination activities, including attendance of Steering Committees meetings and training of Project Management staff d) Evaluation and Audit contracts Other recommendations concern, inter alia, the following aspects: • • • The need for gathering additional information on Timor Leste, as access to relevant sources was so far limited The need for finding appropriate management solutions, to cope with expected administrative difficulties along the implementation process, which might enlarge the geometry of the partnership The need for a next programming step in order to secure internal (EC) and external (inter-Donors) coherence, substantial inter-Partners consensus, clear synergies and ownership-based sustainability Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 7 2 Background and Scope This document provides final reporting on the results of a study aimed at supporting the determination of the material content pertaining to the cooperation framework among the EU and a group of six ACP Countries, within the scope of the 10th EDF. According to the relevant ToR areas of cooperation must be identified in order that a limited number of projects may also be devised. The nature of that cooperation instrument and its financial boundaries were agreed in due time by means of political dialogue among all Partners involved, which are the European Union, the PALOP-Portuguese Speaking African Countries (Angola, Cape Verde, GuineaBissau and São Tomé e Príncipe) and Timor Leste. The multi-Country cooperation sought will follow the steps of the still ongoing RIP PALOP II and thus reflect lessons learned from its implementation. The new Cooperation Initiative will be implemented under the traditional Projects approach, having Good Governance as its single focal area. Management will draw resources from one financial envelope to be established out of specially assigned PALOP&Timor Leste Cooperation budget lines existing in all of the six Countries’ NIPs concerned. The five PALOP Countries although dissimilar among themselves on geographical and demographical grounds, share a strong identity based on history, culture and also on a common institutional heritage. As a consequence and notwithstanding the fact that independence of all the PALOP dates now to more than 30 years, similar characteristics and patterns of performance can be found among all those Countries. Those similarities regard at least the following relevant aspects of a political and societal nature: structure and organisational culture of central Administration, legal system and Justice Administration, careers and qualifications of Civil Servants, management of public finances. The role and weight of the public sector as a part of the overall Economy and Society, although the object of ongoing major changes throughout the PALOP universe is also a commonly addressable issue. Timor Leste is an ACP (although not African) Country having also Portuguese as an official language for historical reasons. With a post-colonial trajectory where well-known dramatic incidents delayed independence until a very recent time, this nation shares with the PALOP a number of cultural and institutional characteristics and also some severe institutional weaknesses. In spite of considerable differences among themselves (on geographical extension, demography and economic performance grounds) all six Countries evidence low standards of life, with parts of their populations living below the poverty line according to commonly accepted indicators. Communication in the Portuguese language is possible and used among the PALOP, facilitating a continuing (mutual and bilateral) dialogue and mutual cooperation, with Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 8 particular expression at international fora and on approaching Donors and International Organisations. In parallel with individual membership in sub-continental African political and economic Organisations all PALOP (and Timor Leste) are full-status members of CPLP, the 8 Portuguese speaking Countries (the former plus Portugal and Brazil) , an international Organisation representing and advocating common interests. The EDF (European Development Fund) is the main financial instrument for development cooperation among the EU and the ACP Countries, within the wider scope of the 2000 Cotonu Agreement (revised in 2005). The EDF has so far funded two PALOP-targeted regional Programmes (RIP PALOP I, signed in 1992, with a 25M€ allocation from 7th EDF; RIP PALOP II, signed in 1997, with a 30M€ allocation from 8th EDF which was later partially transferred to the 9th EDF). The ongoing RIP PALOP II provided the umbrella for two multi-year and multi-country projects which directly address Governance issues (Justice I&II and Public Administration); a first Statistics project also converged to that common purpose. Very soon and still under the 9th EDF, the remaining four RIP PALOP II projects will be launched: 3 social sectors-oriented (Health; Employment and Training; Culture) and a second Statistics one. As there is no geographical continuity among the PALOP Countries the regional scope of the programme is of a conventional nature, with the NAOs acting as Chef de File for each particular project and one of them (Mozambique) doubling as the PALOP RAO. Similarly to its precedents the 10th EDF (2008-2013) will fund initiatives of a geographical, sectoral or thematic nature, in line with a new partnership concept involving both parts (EU and ACP) in mutually accountable joint or common action. A number of Timor Leste’s already ascertained needs and priorities may be addressed by means of common or joint initiatives with the PALOP, on the grounds that a synergetic performance will be facilitated, among other aspects, by exploring the existing linguistic and cultural affinities. There was already room, in the recent past, for a modest but symbolic participation of Timor Leste in the RIP PALOP II Justice Project. In the programming for 10th EDF, within the scope of the political dialogue between the EC and its ACP Partners, there was room for a renewed collective approach to the PALOP development gaps, in close association this time with matching needs concerning Timor Leste. Learning from recent experience, common problems and weaknesses will thus be addressed, in the path towards the mutually shared long-term goals of sustainable development and poverty eradication. The envisaged financial envelope amounts globally to 30-35 M€, to be drawn out of the six NIP concerned, where partial amounts are already assigned under dedicated budget sublines. Considering the specificity of the particular multi-country cooperation envisaged (outside a formal regional status), specific management guidelines are likely to be issued. These will probably be supported, at political level, by a MoU between the EC and the ACP Partners concerned which shall apply in lieu of a regional programme convention. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 9 The EU and other major international Actors in the world-wide arena of development cooperation have insistently approached for many years (at least from the 90’s decade onwards), under different perspectives and timings but with comparable and converging aims, the subject of Governance. This exercise often takes place under a broad understanding of the concept: encompassing effective and efficient management of Government and other State Institutions with respect for human rights, fundamental freedoms and rule of law, in the context also of a representative democracy. In recent years a major framework for cooperation aimed at fostering sustainable development has been unanimously accepted: the MDG (Millennium Development Goals). In parallel a broad consensus has progressively been reached about certain matters that should be targeted for priority action in the process of achieving reasonable standards of Governance, these as a prerequisite for reaching the MDGs: fighting corruption and organised crime, securing non-discrimination and gender equality, supporting citizens’ participation and the role of civil society, protecting natural resources and also providing a political, economic and social climate friendly to private sector initiatives. Notwithstanding the considerable amount of materials, originated from a variety of sources, aimed at providing theoretical and practical approaches to the subject of Governance/Good Governance elementary research evidences the fact that there is not, to date, a stabilised or unanimously agreed definition of the concept. In fact it became more and more difficult, in recent years, to separate the primitive idea of (Good) Governance from other parallel or partially overlapping concepts also intrinsically associated to Civilization and Citizenship ultimate goals and aspirations. A more or less elastic concept of (Good) Governance, when applied to State Administration, will consequently allow for including or not within its conceptual border other important ideas or principles universally endorsed such as: Human Rights, Fundamental freedoms, Democratic culture, Rule of law, Conflict prevention and security, Transparency and accountability (anti-corruption/anti-fraud included), Equity and non-discrimination, Civil society and participation, Protection of natural resources and (as an umbrella-frame in itself) Sustainable development. Effectiveness (meeting the needs of the Citizens) and efficiency (managing public resources in the best possible way) seems to be the uncompressible core of the concept of Good Governance. However a sustained tendency regards the expansion of the original conceptual borders (central Government, including autonomous systems like the Judiciary) to the local level of Administration too, by devising and implementing appropriate Decentralization or De-concentration policies and practices. Reform of the State (Public Administration/Civil Service, at different levels) is the generic framework for a variety of actions and instruments aimed at enhancing the required institutional, social and human capabilities so that the ultimate public service objectives may be progressively met. The concept of Economic Governance allows, in addition, for addressing several areas of interaction between the public and private spheres of Economy. More recent tendencies seem to place an emphasis on the understanding that (Good) Governance should be regarded as a process, with a long-term perspective and also that it should be approached from a contextual point of view, refusing therefore any static or tailorStudy of Identification of areas of governance for multicountry PALOP cooperation. Final Report 10 made definitions. Such an approach is often associated with the idea that (Good) Governance should be much more the object of systematic mainstreaming as against traditional thematic or vertical approaches. An increasing amount of EU-issued informative material illustrates several aspects of dealing with the Good Governance issues within the scope of development cooperation. Those and other sources also provide guidance towards practical approaches on the implementation of the new cooperation policy issued out of the 2005 EU/Africa Partnership. A structured concept of Good Governance was recently used by the EC in order to provide a technical framework in the programming process of the 10th EDF. An assessment grid (instrumentally updating the 2004 guidelines of the EC Handbook on Good Governance) has allowed for establishing Governance Profiles and for drafting Governance Commitments. According to the specific methodology devised a 9 clusters bracket was established and systematically applied as a guideline for benchmarking (from the EC side) and engagement (from the ACP side). A key-aspect and a distinctive feature of the EU-ACP dialogue for the period covered by the 10th EDF is indeed cooperative action aimed at promoting, fostering or stabilizing Good Governance in the ACP Countries. As a focal or non-focal area Good Governance is to be mainstreamed by means of cooperative Actions aimed at promoting or enhancing institutional reform and capacity building, including those in line with the adoption of sector based or budget support cooperation modalities. The only focal area for the new Cooperation Initiative addressed by this study will thus be Good Governance, on the reasonable assumption that it will be possible to identify and agree on sub-areas of a common concern by the targeted 6 Countries. That is: providing common solutions to common problems. Projects (of a restricted number, for management reasons) embodying this innovative arrangement shall typically provide the framework for strengthening institutional capacities, along with training and interchange activities. In accordance with one of key-principles postulated by the new EU/Africa Strategic Partnership (Africa led/Africa owned approaches) and in line also with the relevant clauses of the 2005-revised Cotonu Agreement, cooperation projects are to be identified as a result of extensive consultation among the relevant ACP Actors and the European Commission. The main part of the study concerned in this document consisted of a direct field assessment allowing for the collection and organisation of technical inputs (needs and priorities as put forward by local key-Representatives). These will provide the pillars for building up the new EU*PALOP&Timor Leste Cooperation Initiative. Good Governance eligibility criterion for any Project or its components that will be put forward as a result of this study will regard its pertinence with relation to the 9 clusters bracket which was used in the 10th EDF programming process referred to above. On the other hand retained Projects/components must also meet the multi-country synergy criterion, that is: joint or common action yielding to better performance, as compared to mere bilateral arrangements or to a loose multi-lateral cooperation. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 11 3 Methodology and Work Performed The study concerned in this Report was commissioned by the EC from a consortium led by the Dutch company BERENSCHOT, following a call for offers within the scope of the Framework Contract (Beneficiaries-Lot 7) mechanism. The contractual procedure was requested by the EC Delegation to Mozambique (Country in charge of the overall RIP PALOP II coordination), in close coordination with the central EC Services, namely DG Development and AIDCO. The relevant ToR elucidate or stipulate, among other items, the following important aspects: A – Context - EC-PALOP cooperation (now including Timor Leste) will continue under the 10th EDF, with Governance as a single focal area, including local administration/municipalities; Good Governance, in its political, economic and social dimensions, is a natural focal sector for a PALOP multi-country development strategy and should thus become the raison d’être of the PALOP cooperation, as the group shares a heritage that includes in particular public administration and justice models. B - Scope/Purpose - The objective of the assignment is the elaboration of a study aimed at identifying areas for PALOP cooperation in the Governance area, where such a process may bring added value. A limited number of projects is to be identified by the Experts; Project Identification Fiches are to be used by these, in accordance with EDF rules and procedures. For projects identification purposes areas of cooperation should be chosen in accordance with the general layout of the EU governance programmes (that is: the new 9 clusters approach), especially within the following categories: • Political/democratic governance (cluster 1) • Government effectiveness (cluster 4) • Economic governance (cluster 5) • Social governance (cluster 7) • Quality of partnership (cluster 9) C – Performance - - Study was to be performed by the combination of the following consecutive major steps (main Activities), during a period of 75 or fewer calendar days: a) Briefing and desk survey b) Data-collecting field mission (PALOP only) c) Proposal-building and a 2-stage presentation Reporting on a) above would be a first in-between Activity; Reporting on b) and c) above (draft and final versions) will correspond to other two functional Activities. Study would be conducted by the Consultant/Contractor, under the overall orientation and supervision of the EC, in accordance with the Workplan/Schedule of Activities (updated version: Annex B). Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 12 In accordance with the methodological detail devised and put forward by the winning bidder: - - - - The study mobilized a number of Agents, from both ACP Countries and Europe: A - PALOP - Agents representing Entities and Services directly approached for the purpose of listening to the PALOP Partners - Officials at the EC Delegations/Representation Offices - Officials at the NAO support Offices B - Timor Leste - EC Representative to Dili - Other relevant Actors (as suggested) C - Europe - Timor Leste Ambassador to Brussels and his Representative - EC Officials from DG Development - EC Officials from AIDCO - CPLP Executive Office - The Experts Team Study was performed by a team of two independent Experts (one of which acting in the capacity of Team Leader), experienced in Governance, in EC cooperation and in the PALOP institutional environment. An estimated total workload of 53 working days was pre-determined for each, which included the preparation of the whole assignment and all reporting duties. Study’s expected results can be listed as: a) Outcomes: conclusive debates on semi-final and final outputs; b) Main Outputs: Areas of cooperation identified + Project Fiches submitted c) Instrumental Outputs: Reports (Inception +Draft Final +Final) delivered The Inception Report concerned the Briefing and the Desk Survey. The Final Report provided the framework for the description (and justification) of the areas of cooperation identified and for the (pre) identification of Projects and submission of the relevant Project Fiches concerned, these in a simplified version. Experts had initial briefings with EC central Services at Brussels (DGDEV and AIDCO) on August the 2nd and 3rd. On this last day an interview with the Timor-Leste acting Ambassador to the EC also took place. A considerable amount of information (on the 10th EDF, the RIP PALOPII and the Countries concerned by the assignment), disclosed by the EC and obtained by the Experts from other sources, was the object of a Desk Study in the period between the 6th and the 10th of August. A meeting with the CPLP Executive Secretary was also held at that time. An Inception Report (detailing all work performed in the period between August the 2nd and August the 15th) was prepared and delivered to the EC. At the same time the field portion of the assignment was prepared. From the 19th of August to the 28th of September the Experts were assigned to a mission that consisted in visiting all the 5 PALOP Countries and collecting as much relevant information as possible from these, by means of fact-finding and exploratory interviews held with Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 13 Entities and Services specially designated for that purpose. Selection of these dialogue points (State and non-State Actors) took place locally, under the best criteria and combined effort of the relevant EC Delegations and NAO Support Offices, who also mediated or otherwise facilitated the organisation of visits. A total of 80 meetings took place in the overall account, as per the table immediately below. State Actors Angola Cape Verde Guinea-Bissau Mozambique S.Tomé e Príncipe Timor Leste ANG RCV RGB MOZ STP RTL 10 10 9 10 12 1 52 Non-State Actors 8 7 3 5 3 0 26 EC + Other Donors 6 4 1 2 0 0 13 Total Meetings 12 16 14 20 17 1 80 Information issued from those local Actors was duly assessed by the Experts (ideas/suggestions Actors for common or joint 6-Countries cooperative action focused on Good Governance, under the time-frame and financial framework of the 10th EDF) and later organised with the purpose of discovering and weighting inter-Countries domains of convergence (coincidence, affinity or proximity among, at least, 2 Countries). Previous tendencies of convergence pertaining to the five PALOP and Timor Leste issued from analysis of available documentation (9th EDF in general; 10th EDF Governance Profiles and Governance Commitments) were also assessed and the object of table-display under a short-sentence formulation. The last document was not however available for Timor Leste. The Experts have furthermore identified a number of important potential contributions with relevance to the purpose of the study, by examining many different sources of information provided by the EC and other reliable Actors in the scene of international development cooperation (including: UNDP, CPLP, UCCLA, and EU national Cooperation Agencies). As a consequence transferable good practices, ongoing innovative experiments and other features also with a synergetic potential (including those concerned with the implementation of the RIP PALOP) were the object of due consideration for possible blending with Countriesissued material. Highly convergent intentions of cooperation within the PALOP&Timor Leste universe combined, when appropriate, with the additional synergy-generation opportunities as ascertained by the Experts have provided the basis for the envisaged multi-country areas of cooperation and the Projects concerned, as described in Section 6 below. Project formulation was however limited to the component-level of description as no further details would be compatible with the amount of issues and the diversity of perspectives assessed, the clear need for further inter-Actors dialogue and also with the time-frame for performance of the study and submission of the results concerned. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 14 4 Collected Contributions-PALOP and Timor Leste 4.1 Angola 4.1.1 Governance Context Angola’s Constitution and ordinary law provide a generic framework for democratic Governance. The following are important aspects to consider under that particular perspective: - both Parliament (ANA-Assembleia Nacional de Angola) and the General Prosecutor’s Office (PGR-Procuradoria Geral da República) have created specialized units intended to secure the observance of Human Rights, which is also concerned with a platform of 24 NGOs; the habeas corpus procedure as such does not exist but hierarchical appeals and formal procedural claims may be submitted to Courts instead; outside major Cities no Barristers can usually be found but the creation and installation of Paralegal professionals at local level is being considered; domestic violence is considered to be a problem and an action plan against it has been devised; - fundamental freedoms are legally guaranteed; although some legal restrictions apply, freedom of expression of the press and other media is a fact: alleged scandals are exposed and the Government is often the subject of severe criticism; a new regulatory law is being prepared and will cover the recognition of the journalism profession; NGOs can be established (although registration procedures may be cumbersome), federated among themselves and freely operate (although a number of restrictions apply on practical grounds- eg: call for street demonstrations); independent press faces a feasibility problem (meagre publicity market; high printing costs; limited demand), which can be a threat to plurality of opinion; - many political parties are active, although few of these are represented in Parliament; 1992 parliamentary elections are reported to have been transparent but no other electoral act has occurred since; new elections are expected (although not yet confirmed) in the near future: 2008-parliamentary and 2009-presidential; - formal separation of powers exists, although Government accountability remains to be improved by reinforcement of institutional capacities concerning both Parliament (EC funded project to be launched soon) and Auditors Court; the Ombudsman (intended to provide free, fast and informal service to the Citizens), although in the process of installation is already the object of a strong and growing demand for action, probably on account of the prestige of its leading figure, a former Minister of Justice; pilot-projects on community participation are being successfully conducted (including one within the capital city limits (1 million inhabitants/200 persons forum); the Auditors Court is planning to expand its supervisory duties towards some areas of State financial management currently out of its control such as the aid and cooperation funding. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 15 Rule of law applies all over the territory as according to the Constitution although rural and remote urban areas may not be properly covered by judicial services. Access to Justice is furthermore conditioned by the cost of juridical assistance. Judicial power is independent in organic terms and manages its own human resources directly. Alternative dispute-resolution mechanisms are being considered so that Ordinary Courts may be relieved from the substantial burden consisting of minor litigation. It is expected that Mediation and Arbitration bodies will be available concerning the family and Labours jurisdictions. The General Prosecutor’s Office has been recently assigned new competences, namely the prosecution of crimes committed by high ranking State Officials and supervision over criminal investigations conducted by the Police. In Angola the Ministry of Internal Affairs rules over the following Entities: National Police (patrol and crime investigation); Migration and Foreigners Service; Prisons Service; Civil Protection Service. A Police Academy will be soon established. Cooperation between Angola’s Police and their counterparts in European and African countries is quite intense. Prison conditions are appalling in urban areas, on account of an excessive number of detainees or convicted felons. Angola adopted the UN Convention on Corruption; however this phenomenon exists and, consequently, State Institutions have expressed concern about that fact and for the need of transparency. Although public decision-making and public services availability should follow well established and reasonably transparent mechanisms, informal connections still play an important role in the procedures concerned. Separation between public and private interests is often not clear; excessive bureaucracy and low level of Public Servants salaries often facilitates bribery practices and omission of legal obligations. A special anti-corruption Unit although stipulated by law has not yet been set-up, the competences concerned remaining with the General Prosecutor’s Office. Angola is a country with a large territorial extension, with Government Administration deployed on four different levels: Central, Provincial (18), Municipal (164) and Communal. An overall de-concentration strategy is in progress; shortage of skilled personnel at local level seems however to be a serious obstacle to the achievement of such a goal. Decentralization is also sought by means of transferring competences from central Government to local elected Municipalities (41 of these were recently selected for a pilotproject). Proximity to the Citizen is sought by means of setting-up and operating one stop shops where a number of public and private services are available. Government acts and expenditures are subject to dual external control: Parliament and Court of Auditors. Although supervision capabilities by both Bodies are being performed there is room for improvement of the technical capabilities concerned. Improvement of Public Financial Management is one of the aims of a National Plan for the 2009/2013 period. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 16 Private sector and direct foreign investment have an overall friendly regulatory environment as according to the 1992 Constitution, although bureaucracy and corruption may place undesirable strains on investment and business creation. Macroeconomic stability has been reasonably achieved and economic growth has progressed in recent years at a double digit rate (more than 20% expected for 2007), which is largely based on the exploitation of oil and gas resources. Such a reality tends however to hide an uneven distribution of income, on regional and social grounds. Insufficient environmental protection has been reported in certain geographical areas, namely in connection with illegal hunting. No traces of ethnic problems or signs of structured societal unrest were found. No threats of terrorism appear to be present; criminality however seems to be on the rise, specifically in urban areas. According to the Internal Affairs Ministry internal security problems concern mainly: Juvenile delinquency, small arms and light weapons in the possession of civilians and illegal immigration; furthermore natural catastrophes pose serious management problems to the Authorities in charge. Health and human development indicators still rank low in the international context but are improving. Social Governance suffers from generic limitation of public resources, these including skilled personnel and proper funding. It is not obvious that Gender and other cross-cutting issues are actually fully observed in practical terms. Reducing illiteracy and adult education are the object of ongoing campaigns. A project run between 1995 and 2005 allowed for the training of Basic Education Trainers. As far as regional integration is concerned Angola is an active member of SADC and CEAC. Angola is also a member of the lusophone CPLP network and often participates in peacekeeping missions. Political dialogue between Angola and the EC seems to proceed on satisfactory terms and has recently allowed, among other aspects, for the signature of a Governance Commitment within the scope of the programming for the 10th EDF. Ownership associated to cooperation seems to progress at a reasonable pace in several areas. The NIP for the 10th EDF has 3 focal areas: Governance and support to economic and institutional reforms; Human and social development; Agro-rural development and food security. As for Governance 3 areas will be covered: Modernization of Public Administration; De-concentration and local power/participation; Enlargement of the judicial system; Accountability and transparency (Parliament and Court of Auditors; electoral education); Cross-cutting engagements. Inter-PALOP within the NIP provisions concern the following aspects: Efficiency of Public Administration; common actions for reinforcement of capacities (quality of service to the Citizen); sharing of experiences and knowledge. The relevance of Civil Society is formally recognized by the Government and many of its Actors hold public prestige by performing important civic or social work. Legal regulation of the NGOs activity is under preparation. An ongoing EC-funded programme is aimed at funding activities of NSAs. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 17 4.1.2 About the Contributors In accordance to the Consultant’s suggestion the NAO Office pre-selected a number of Entities to be approached by the Experts for data-collection purposes. The EC Delegation to Angola was kept informed about the programme of visits and had the opportunity of suggesting the participation of some of the NSA in the consultation process. Contacts to be held were only fully confirmed as the Experts’ work progressed. Some of the originally planned interviews could not take place due to lack of confirmation (eg: Parliament), no reasonable alternatives to these being feasible due to time constraints. Furthermore the city traffic congestion in Luanda prevented having more than 4 meetings a day. The final list of contributing Entities and of the Representatives with whom interviews were held can be found in Annex C (Angola section). The Representatives of the Entities that accepted to cooperate by making themselves available for interviewing had not had, with few exceptions, occasion to prepare themselves for a full debate on the issues raised by the Experts (or the information concerned didn’t reach them enough in advance) but the outputs of most meetings were nevertheless relevant in general terms. The aim of cooperation and the openness for disclosure of information was the rule regarding all the working encounters held in Angola. The Director of the NAO’s Office was present at all meetings and paved the way for the technical dialogues held by introducing the Experts and also explaining the purpose of the meetings. Interviews were held at high Executive level (Directors, Senior Advisors or equivalent posts immediately below cabinet Minister). It is reasonable thus to assume that all the facts reported or suggestions released to Experts by their hosts do reflect the full and updated perspective of the Entity concerned. A total of 12 meetings took place in Angola. These concerned 10 State and 6 non-State Entities, the former including the NAO Office. Meetings were also held with the EC Delegation to Angola, including one with the simultaneous participation of Representatives from 5 other Donors. Orientation meetings with the NAO Office and the EC Delegation were held at the beginning (local briefings) and at the end (local joint debriefing) of the field mission to Angola. Documentation and source-references (including press reviews) were collected and the object of analysis whenever relevant for the purposes of the study. 4.1.3 Retained suggestions At the beginning of each meeting the Experts made a short presentation of their assignment (context, expected results, methodology and schedule of work) and also stated their expectations about contributions to be collected. Opening address always included a Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 18 preliminary clarification about the eligibility of any possible Project Ideas put forward by the Entity: a) fitting within the concept of Good Governance, as according to the 10th EDF programming new 9 clusters bracket approach; b) added-value by being the object of a 6Countries joint/common cooperation as against a bilateral cooperation issue. Recorded contributions in Angola, after minor terminology adjustments or complementary mentions (both aimed at rendering inter-Country aggregation and comparative analysis possible) are recorded in the following Table: Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 19 1.1. 1.2. 1.3. 1.4. 2.0. 3.0. 4.1. 4.2. 5.1. 5.2. 6.1. 6.2. 7.0 8.1. 8.2. 8.3. 9.1. 9.2. 9.3. Governance cluster/Key-issue CODES (*) Contributor (Entity/Service) Ministry of Planning Ministry of Justice EC Delegation to Angola Ministry of Health Project idea (title) NIL 1-Reorganization/modernization of Registry & Notary Offices 2-Support to the establishment of Juvenile Courts 4-Development of conflict-mediations instances (Family and Labour) 5-Enhancement on fighting of illegal immigration 6-Support to fight drugs trafficking 7-Support to ongoing reform of legal codes 8-Enabling access to Justice by all Citizens (judiciary assistance) 9-Public awareness-raising on Citizens' righst and duties NIL 1-Interchanges among Public Health Schools 2-Exchange of good practices on professional careers 3-Cooperation within the scope of the High Institute for Nursing 4-Fostering of Health technology transfer 5-Set-up of virtual libraries on Health issues 6-Networks for information sharing on Health issues Court of Auditors Ministry of Finance General Prosecutor's Office 7-Observatory on Health human resources 8-Design of Health de-concentration standard-measures 1-Interchange and training 2-Procurement & distribution of common thematic libraries 3-Acces to legal databases 1-Co-funding of a common Institute for Education on Finance and Economy 1-Strengthening of technical libraries and information sources 2-Skills upgrading on criminal case building 3-Interchange of practices among the several Prosecutor's Offices (*) see decoding in Table on Section 4.2. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 20 1.1. 1.2. 1.3. 1.4. 2.0. 3.0. 4.1. 4.2. 5.1. 5.2. 6.1. 6.2. 7.0 8.1. 8.2. 8.3. 9.1. 9.2. 9.3. Governance cluster/Key-issue CODES (*) Contributor (Entity/Service) Ministry of Education Ministry of Internal Affairs Ombudsman Donors Community Non State Actors Project idea (title) 1-Strengthening of the Schools Inspectorate 2-Improvement of Education information systems (statistics) 3-Supporting post-graduation scholarships 1-Support to prevention of juvenile delinquency 2-Support to collection of civilian-held small arms & light weapons 3-Improvement of Prisons' conditions 4-Reinforcement of Civil Protection (disaster preparedeness) 5-Enhancing control of illegal immigration 1-Support to decentralisation of services 2-Skills upgrading for Ombudsman personnel 3-Public awareness-raising on Citizens' rights NIL 1-Strengthening of capacity-building for the NGOs 2-Translation and publishing of informative literature 3-Technical support to project identification at local level 4-Training for Local Authorities on dialogue with NGOs 5-Setting-up of thematic Observatories 6-Interchange of transferable good practices among NSA 4 3 3 3 1 2 3 1 6 (*) see decoding in Table on Section 4.2. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 21 4.2 Republic of Cape Verde 4.2.1 Governance Context Political and democratic Governance in Cape Verde is healthy, in all relevant perspectives: respect for Human Rights, guarantee of fundamental freedoms (including pluralism of media), representative role of political parties (bipartisan model prevailing); currently one of main political parties holds Executive power at central level while its opponent rules on the majority of elected local Administration bodies. In accordance with a Freedom House release dating October 2006, Cape Verde ranks in first place among all African countries on the subject of population freedom; from the same source it also ranks in second place regarding the political rights criterion. Media is a dynamic sector with communitarian local radios expanding as they play an important social and civic role. Although no publicity on these is allowed by law sponsoring is legally accepted. Broadcasting covers the whole territory (24 hours a day) with the exception of a few blind spots only. Internet currently allows for a full coverage of the worldwide Capverdian diaspora. Legal framework for the operation of TV is currently under review, in order to allow for the strengthening of private operation, which is possible as from 2007 (a regulatory independent body will be installed and the concept of public service TV will be further clarified). State TV however operates under severe technological and material constraints; although its signal covers about 80% of the territory emission operates 6 hours a day only. Press is present with a few titles but no daily newspaper exists; circulation of printed copies does not seem to be effective and public demand seems also to be rather low. There is a Journalists’ professional association with about 200 members, since 1990, but weaknesses exist in such areas as specialized qualification and regulatory matters. Legislative and presidential elections took place in 2006; next round is scheduled for 2011. Municipal elections will be held in March 2008. Thanks to a newly created data-base and to a full digitalization of procedures, a new electoral census will be performed until the end of 2007 (electoral population estimated at 220000 persons). Elected Municipal Governments exist since the 90’s decade. In the whole country 17 Municipalities already exist and 5 others are being installed (as a result of territorial administration re-design). Local Administration is assigned 6% of total State income, this figure being expected to rise to 10% in the near future as a consequence of the ongoing decentralisation process. Parliament operates with 73 elected members, issued from 3 political parties (46 of those from the ruling PAICV). Although no major problems were assessed capacity-building efforts are in progress concerning several areas of parliamentary activity. An innovative Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 22 experiment is being carried out in order to reinforce the democratic culture by means of getting the younger generations familiarized with parliamentary work. The Court of Auditors shows a considerable dynamic under a new leadership. More than 170 Entities totally or partially funded by public resources are subject to the Court’s supervision (ex-ante and ex-post controls). NGOs, Foundations and enterprises with a certain amount of public equity will also be the subject of supervision in accordance with legislation that is being prepared. Continuing follow-up of budgetary performance and pre-closure accounting audits regarding all Agencies under supervision is furthermore planned. As far as the Judiciary system is concerned a Strategic Development Plan for the 2006-2011 period is being put forward. Advances on certain problematic or key-development areas are in progress, namely: registry and notary Offices modernization; extra-judicial resolution of conflicts. An unified Citizen ID card project is also in progress. There has been a positive evaluation of the ongoing proximity experiment intended to provide the Citizens with generic information on legislation as well as with free legal counselling by means of the so-called Maisons du Droit (Citizen Law Houses). One important concern of Cape Verdian judicial and law enforcement Agents is the subject of improving information on legality and transparency of financial fluxes in and out of the country, as Cape Verde is reportedly being used as a platform for money laundering purposes. Corruption does not seem to be an important problem to deal with; however new legislation on public procurement is in preparation, in conjunction with modernisation of the public accounts system. The quest for generic Government effectiveness is an ongoing process, successful in many areas. Important improvements took place thanks to the strong investment in ICT, dating back now more than 10 years. Decentralization policy (central Government sharing with elected Municipalities a number of competences, including in the Health and Education areas) will be accompanied by a de-concentration effort aimed at providing a more integrated response of central Governance in each of the 10 Isles. The experiment consisting of providing Municipalities with Casas do Cidadão (Citizen’s Houses) is also to be further implemented. In spite of ongoing attention some further effort seems to be required concerning Civil Protection. Although some recent progress was achieved on Statistics (National Accounts; Enterprises Accounts) further improvements are reported to be required, namely at Sector level (statistical data production at source). Development of local Administration is a specific concern, to which a number of ongoing or planned actions are likely to contribute: establishment of Municipal cells of territorial management; establishment of compulsory Municipality Development Master Plans; provision for systematic land property identification and registration; provision of technical expertise in selected domains (at INAG, the national Administration School, a Municipal Staff Training Unit was recently established). Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 23 Since 2006 a Local Finance Law governs financial management of Municipalities and has allowed for both municipal own sources of income and for direct access to credit by those bodies. Cape Verde will cease its condition of LDC and enter in the group of the Developing Countries in January 2008. Overall economic growth for 2007 is estimated to range in the 6%7% interval; inflation will probably remain steady between 4% and 5%, with the national currency being indexed to the Euro; external currency reserves are increasing and the internal debt is diminishing (although external debt is increasing on account of the fast growing trend of imports). Economy is strongly based in services (75% of GDP) with external aid still accounting for approximately 13% of GDP. Tourism-related services and real estate investment hold an important and growing weight on the overall economic figures. Important improvements on inter-Islands mobility are planned, specifically using seaways. New international connections (to and from Angola and São Tomé e Príncipe, namely) will also pave the way for development of domestic and international commerce, to be followed by the strengthening of industry and agriculture. Institutional and political environment favour the development of the private sector. Privatisation of public held assets is an ongoing process; a number of independent Regulatory Agencies were recently established by the Government. Existing enterprises and new investments face however a number of constraints, including high costs of utilities like electrical power and water as well as the geographical discontinuity of the Country itself. In Cape Verde two separate Chambers of Commerce co-exist, operating under a geographical competence logic. Both were the active Agent of a Matching Fund provided by the World Bank which is intended to stimulate Business modernisation for the micro and small scale enterprises. Some environmental problems have been assessed, with some emphasis placed on the excessive collection of inert materials at sea-shore fronts. Excessive demand for water is originating a growing salinity in natural underground water reservoirs. A national-level Policy for Environmental Protection has been devised and put forward, with Municipal Environment Plans now compulsory. The national Strategy for Reducing Poverty, which integrates promotion of Good Governance as one of its key-axes, is currently under review. Although Poverty still reflects the standard of living of about 36% of the Cape Verdian resident population the Human Development Indicator places Cape Verde in the third place in Africa (last figure available from UNDPJanuary 2006: 0,722). Life expectancy is of 70,7 years of age; cell phone possession statistics provide the figure of 2,5 per 1000 inhabitants (West Africa average: 1 per 1000 inhabitants). ICT is being steadily made available to Schools, starting with Elementary degrees. Cape Verde follows a policy of multiple alliances and affiliations, on a regional and bilateral basis. A strong reinforcement of the political and economic links between Cape Verde and Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 24 the EU (a special partnership status) has allegedly been the object of talks by the Cape Verdian Government and the EC but no substantial progress has been assessed on this strand. Political dialogue between Cape Verde and the EC seems to proceed otherwise on satisfactory terms and has recently allowed, among other aspects, for the signature of a Governance Commitment within the scope of the programming for the 10th EDF. Ownership associate to cooperation seems to progress at a reasonable pace in several areas. Besides the EU other important cooperation Partners are present in Cape Verde, including the UNDP as well as the French, Austrian and Portuguese Cooperation Agencies. The relevance of Civil Society is recognized by the Government and many of its Actors hold public prestige by performing important civic or social work. The legislation framework governing the role and action of NGOs is still the old and unsatisfactory in many aspects Law of Associations; A specific legislation for the NGOs is however in preparation. As from 2007 specific legislation covers the operation of Micro-finances and rules on the Operators concerned. Civil Society is largely represented by the umbrella Organisation PLACON, gathering about 200 NGOs and also 60 local Communitarian Associations. This platform has been supported by the Government and Donors and regularly provides import services to Members, including qualification opportunities and a central logistics facility (technical advice, library, access to internet, meeting rooms, accommodations at Praia). 4.2.2 About the Contributors In accordance with the Consultant’s preliminary suggestion the EC Delegation to Cape Verde selected a number of local (State and non-State) Entities or Services to be approached by the Experts for data-collection aimed interviewing. A list of the relevant contacts and times was handed to the Experts on the first working day at Cape Verde and frequently updated during the duration of the visit, thanks to the permanent attention of the Institutional Support Officer (also acting Head of EC Representation Office for the duration of the field mission). The final list of contributing Entities and of the Representatives with whom interviews were held can be found in Annex C (Cape Verde section). Not all the representatives of the Entities concerned had the occasion to prepare themselves for a full debate on the issues raised by the Experts but the outputs of most meetings were nevertheless relevant in general terms. The aim of cooperation and the openness for dialogue was the rule regarding all the working encounters held. At some of the meetings the EC Institutional Support Officer was present, which was helpful in the process of filtering needs, priorities and criteria for determining future cooperation. The Experts held two meetings with the Director of the NAO Office in which several aspects of the envisaged future cooperation were the object of exploratory analysis aimed at enlightening programming contents and mechanisms, as seen from the PALOP perspective. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 25 As a rule Experts met with first line Executive Officers or Senior Advisors (in one case, even with the cabinet Minister himself). The Experts thus assume that all the facts reported or the suggestions released by their hosts do reflect the full and updated perspective of the Entity concerned or, at least, a very reasonable approach to it. A total of 16 meetings took place in Cape Verde. These concerned 10 State (including the NAO Office), 7 non-State Entities and 4 Donors, including the EC (2 meetings). Not all meetings originally scheduled could actually be carried on due to agenda matching difficulties considering the limited time available. Nevertheless the 21 different Entities/Services that could be approached and involved in the mission have disclosed information that may be altogether considered relevant for the purposes of the study. Orientation meetings with the NAO Office and the EC Delegation were held at the beginning (local briefing) and at the end (local debriefing) of the field mission to Cape Verde. Documentation and source-references (including press reviews) were collected and the object of analysis whenever relevant for the purposes of the study. 4.2.3 Retained suggestions At the beginning of each meeting the Experts made a short presentation of their assignment (context, expected results, methodology and schedule of works) and also stated their expectations about contributions to be collected. Opening address always included preliminary clarification about the eligibility of any possible Project Ideas put forward by the Entity: a)fitting within the concept of Good Governance, as according to the 10th EDF programming new 9 clusters bracket approach; b)added-value by being the object of a 6Countries joint/common cooperation as against a bilateral cooperation issue. Recorded contributions in Cape Verde, after minor terminology adjustments or complementary mentions (both aimed to render inter-Country aggregation and comparative analysis possible) are recorded in the following Table: Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 26 1.1. 1.2. 1.3. 1.4. 2.0. 3.0. 4.1. 4.2. 5.1. 5.2. 6.1. 6.2. 7.0 8.1. 8.2. 8.3. 9.1. 9.2. 9.3. Governance cluster/Key-issue CODES (*) Contributor (Entity/Service) Delegation of EC Project idea (title) 1-Development of economic regulation instances 2-reinforcement of an entrepreneurial culture Justice Ministry 3-Improving protection of Natural resources (especially the beaches) 1-Improving the judicial systems (in wide terms) 2-Improvement of Public Administration/Local Administration 3-Support to Regulatory Agencies 4-Support University education and scientific research 5-Enhancing the advance of ICTs on Public Administration 1-Improving protection of intellectual and industrial proprietary rights 2-Combatting money laundering 3-Improvements on research and action regarding domestic violence 4-Improvement of guarantees on Citizens' private data protection 5-Skills upgrading of Justice personnel (including E-learning options) 6-Capacity building on criminal investigation 7-Research and education on the subject of Citizenry and Justice Portuguese Cooperation Auditors Court NIL 1-Technical Assistance (implementing performance period-supervision) NAO's Office Austrian Cooperation National Electoral Commission 2-Technical Assistance (setting-up procedures manuals) 3-Publications on duties& obligations for public-awareness 1-Support to independent media (decentralisation-related) 2-Interchanges on de-centralisation 3-Interchanges among Parliaments 4-Interchanges on Territorial Management 1-Use in common of electoral kits and equipment 2-Technical Assistance on the electoral process (Experts pool ) 3-Publication of Civic Education materials 1 4 3 4 5 6 3 1 1 Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 27 1.1. 1.2. 1.3. 1.4. 2.0. 3.0. 4.1. 4.2. 5.1. 5.2. 6.1. 6.2. 7.0 8.1. 8.2. 8.3. 9.1. 9.2. 9.3. Governance cluster/Key-issue CODES (*) Contributor (Entity/Service) Project idea (title) National Statistics Institute 1-Statistical production capacity building at Sector level 2-Interchanges and support to bilateral South-South cooperation French Cooperation 1-Strengthening of law-enforcement capabilities 2-Setting-up of a Financial Information Unit for crime prevention 3-Reinforcement of control over Municipal management Ministry of Decentralisation, Housing 1-Exchange of Good Practices (Local Power) and Territorial Management 2-Skills upgrading of Technical Staff (Municipal level) 3-Technical assistance on territorial management 4-Providing systematic land registration and referentiation 5-Strengthening of Civil Protection capacities General Directorate for Local Administr. 1-Enhancing use of ICT in municipal management 2-Interchanges (Central level+Municipalities Associations) 3-Technical assistance for preparation of Municipal Master Plans 4-Skills upgrading at municipal level on social affairs and NSA 1-Lusophone common Observatory of Press Social Communication Actors 2-Technical assistance (regulatory power ; public service) 3-Retrieving and preserving of old TV images archives 4-Life-long training for Journalists 5-Preparation in common of basic legislation for the sector 6-Exchange of media contents among the Countries 7-Supporting investigation journalism 8-Supporting co-productions of media contents 8 1 2 13 1 1 Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 28 1.1. 1.2. 1.3. 1.4. 2.0. 3.0. 4.1. 4.2. 5.1. 5.2. 6.1. 6.2. 7.0 8.1. 8.2. 8.3. 9.1. 9.2. 9.3. Governance cluster/Key-issue CODES (*) Contributor (Entity/Service) Platform of NGOs Economic Regulation Agency National Parliament Chamber of Commerce 1 4 3 Project idea (title) 1-Capacity-building (complementing volunteer work) 2-Preparing and adopting an Ethics and Conduct Code 1-Technical assistance on price-setting 2-Improvement of public-awareness on economic regulation 1-Support to image caption & diffusion of parliamentary work 2-Reinforcement of capacities of Specialized Parliamentary Commissions 3-Support to preservation of A/V parliamentary work files 4-Support to enhancing the activity of the Lusophone Parliaments Forum 1-Reinforcement of the existing Matching Fund incentives mechanism 2 (*) see decoding in Table on Section 4.2. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 29 4.3 Republic of Guinea-Bissau 4.3.1 Governance context Political and democratic Governance has been demonstrated in Guinea-Bissau’s commitment to create the conditions necessary for stability already shown with the realization of the political transition of the past three years aimed at re-establishing constitutional rules. During this period, free and transparent legislative elections were successfully held in March and April 2004. The constitutional Government, operating since May 2004, with the support of bilateral and multilateral partners, held presidential elections within a reasonable timeframe, in the third quarter of 2005. The investiture of the newly elected President of the Republic organized on October 1st brought to a close the transition process begun following the September 14th, 2003 coup d’état. Moreover, the Government’s programme envisions the holding of local elections to complete the cycle of democratic consultations and to consolidate the democratic process through broad civil participation by the population from the outset. An electoral census should take place in January or February 2008. No specific dates have yet been set, but the next legislative election is due in 2008, and the next presidential election is due in 2010. Lack of lawyers in the country in the exercise of their functions led to a workload of Lawyers Bar Association by ensuring officious defence and providing legal advice to the Government without any retribution. The independent media has suffered a backlash due to the number of senior professionals that left the country and the majority of the remaining media professionals not having specific training to fulfil their job. Currently, media in Guinea Bissau comprises 1 TV and 1 radio station state-owned, 6 newspapers and 15 community radios. The rule of law is gradually improving after the instability of President Yala’s period. Nevertheless, fragility of governance led to deficient functioning of institutions and is still posing significant problems. The security services face some accusations of human rights violations and are also known for some degree of ineffectiveness and corruption. The judiciary is made up of a Supreme Court and lower Courts, and is intended to be independent of the other branches of State Administration. Since the ousting of President Yala, efforts have been made to restore the judiciary’s independence; for instance, judges that had been ousted by the former President have been reinstated. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 30 More important are the major physical and human limitations that the court system faces: a lack of trained and skilled judges, and a lack of financial and physical resources. The courts only exist in 4 out of the 8 Regions and the Criminal Police is exclusively operating in Bissau. Guinea-Bissau is a major stakeholder in sub-regional component; however the judiciary structures are not in line with the integration process of the West African Economic and Monetary Union (WAEMU). The control of the borders is still being supervised by the Armed Forces, which should be a responsibility of the Police Force, possibly a special Unit for border control. A total lack of resources and means concerning criminal investigation prevails. Police have very limited means at their disposal in order to exercise their duties, including (as for the Criminal Police) only one functioning vehicle, a handful of rusty weapons and no prison to hold suspects. Justice agents do not have the means to prevent and to fight new criminal technologies. The main weaknesses recognised in the justice sector are the difficulties in combating organised crime, narco-trafficking and corruption. Guinea-Bissau is facing an urgent need to build its first prison and to establish a forensic laboratory. The obsolescence of legal codes is a problem that needs to be solved in the immediate future. The judiciary courts have serious difficulties, in particular outside of Bissau, where their functionality is limited. The extra-judicial conflict mediation mechanisms are still in the embryonic stage. Moreover, the civil identification system has serious insufficiencies, namely the length of time to deliver the identity card, cases of bribery to access it in an acceptable timeframe and the security configuration of issuing it. There is corruption and some problems of impunity also exist, especially where crimes occurred in a political context. The lack of organisation and discipline in the public sector, corruption of Ccivil Sservants and the need to modernise the Public Administration streamlines bureaucracy at all levels, by engendering an appropriate environment for corruption. In addition, the unfriendly climate for doing business additionally contributes to fostering corruption. Emerging highly organised crime is a prime concern to the international community, in particular on drug trafficking issues, if one takes into account its limited infrastructure or properly functioning institutions, and the unguarded coastline with huge empty areas. Bureaucracy is a handicap to the Government effectiveness in the country, with a severe lack of human and financial resources, graft, and openness to bribery adding to this ineffectiveness. The Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 31 time-consuming administrative services, the limited access to decentralization of the administrative services contributes to inefficient public services delivery. The State reform started in 1986 but has been interrupted because of the country’s high level of instability which did not permit it to focus on initiatives to search for ways and means to tackle the challenges of the country’s development. Public sector is a heavy burden in Guinea-Bissau, and the public service counts 18 civil servants to 1000 inhabitants, and the nomination for the available positions are subjective and not in conformity to job requirements. It lacks a unified database of all civil servants which poses difficulties for cross-checking information among ministries in order to remove ghost workers from the payroll. A professional joint training component between public administration and justice sector is foreseen. Furthermore, the continuation of the demobilization and social reinsertion of the former combatants in order to restructure the armed forces based on the country’s actual needs and financial capacity, in order to eliminate hotbeds of tension likely to reignite violence is a main priority. The absence of financial means to reduce the civil servants and the wage bill as a percentage of tax revenues is critical to which salaries far exceed revenues. It is necessary to strengthen revenue administration and improve expenditure management, to be followed by the preparation and implementation of comprehensive public sector reform. The development of the private sector should be accompanied by a strengthening of the capacities of the judiciary to foster the respect of business rights and provide rules for litigation arising out of commercial and industrial operations and labour relationships. Although the country has comparative advantages at the sub-regional level based on the production and export of several products other than cashew nuts, the weak private investment in these sectors and products, due to weak savings and the absence of an environment favourable to business and investment, limits the possibilities for development of these sectors and the impact they can have on economic growth, the creation of employment opportunities and improvement of the country’s external competitiveness. After the economic liberalization in the context of the 1980s, the private sector played an ever-greater role in the national economy. The strengthening of the basic organizations highlights this dynamic, which makes the private sector the engine of economic growth, despite the still weak volume of private investment. The Government’s policy will be to support and develop the private sector by creating an environment conducive to recover from the losses it incurred during the 1998-99 conflict. In this context, the strategy will be based on: the revision of the investment code, making it more simple and flexible in line with government commitments under WAEMU; build capacity at the Directorate General of the Public Investment Programme (DGPIP) by establishing a support and monitoring system for businesses; promote and diversify SMEs and develop a lending programme for them; adopt a tax incentive and tax policy system that Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 32 helps small enterprises and fosters foreign direct investment; review the labour code; and improve the policy for property registration. The CCIA (Chamber of Commerce, Industry and Agriculture) aggregates 5000 enterprises and 16 entities which represent private commercial interests. The adjustment of banking policy is necessary to meet the needs of private investment (the bank loans for credit borrowers are from 29% to 32%). An agency to promote private investment is under preparation being the responsibility of the CCIA. One of the objectives is to minimise the time taken to set up an enterprise (currently takes up to 232 days) by establishing a “unique window” for a 24 hour enterprise creation. The weak economic growth resulting from the implementation of inadequate macroeconomic and sectoral policies in the past is another major determinant of the high poverty rate in Guinea-Bissau. The economic policies implemented over the last three decades were not sufficient to drive economic growth and reduce poverty. In order to address the situation, corrective measures have been taken over the past years but were not sufficient to reverse the trend of weak performance. Guinea-Bissau’s economy, which continues to be affected by considerable structural constraints marked by weak diversification, weak mobilization of internal resources, a lack of dynamism in the private sector and weak development of human capital, will require a profound restructuring to create a favourable context to boost economic development. Financial intermediation was limited, and the banking system comprised just one commercial bank until end-2005, when two and lately four banks were established. The infrastructures supporting economic activities are poorly developed. There are high transaction costs due to insufficient and mediocre transportation systems and port, with silting problems and a lack of equipment. Telecommunications are poorly developed despite the new dynamic generated by the introduction of mobile telephony. Difficulties with the supply of electricity are among the greatest obstacles to economic and social development. Social Governance: the precarious situation was aggravated during the conflicts. Access to healthcare infrastructures are still weak, and have a weak network of health centres, which causes an overload on the HNSM (the only structure that serves the entire nation, and which lacks a lot of equipment and supplies). The 4 regional hospitals are in the same situation regarding needs. The functioning of services is affected by the lack of qualified human resources, a shortage of drugs and weaknesses in the implementation of advanced strategies. In addition, demoralization of the profession is rampant due to the precarious working conditions and low pay. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 33 Access to water and to basic sanitation is very low and only 54.6% of the population have access to drinking water (piped, public faucet or fountain, protected well or cistern), while 45.5% use unprotected water from wells and rivers, etc. With respect to sanitation, approximately 35% of households nationally have no toilets, and there is heavy use of poorly conceived latrines/pits, which represent a serious danger to public health. There is no organized system for urban waste removal and treatment. The Education sector is characterized by poor performance and a lack of human, material and financial resources. The financial resources allocated to education in the Government Budget declined sharply from 15 percent in 1987 to 10 percent in 1995. Regional integration plays an important role in Guinea-Bissau, which joined the West African Monetary Union as from January 1997 and enhances sub-regional cooperation, in particular within the Economic Community of West African States (ECOWAS). On 1st of May 1997, Guinea-Bissau adopted as its currency the CFA franc following its membership into the BCEAO. Its closest friendships are with the other Portuguese-speaking African countries (member of CPLP, PALOP). Political dialogue still needs to be formalised, however improvements have been made. Civil society is represented by 160 organizations (NGOs and networks of Federations) in different areas and interests that are members of the PLACON umbrella. The NGOs and grassroots organizations, in addition to being essential, dynamic components of civil society, and despite some weaknesses deriving from its youth and the insufficiencies of the expansion process underway, have been key partners of the government in the key sectors of basic intervention and poverty reduction for the poorest of the poor. The freedom of association seems to be protected in law and in practice, and there is evidence of a proliferation of groups devoted to defending human rights in various areas, and their freedom to publicize issues and campaign in the media. The main obstacle to NGOs and the freedom of association seems to be the lack of human and financial resources for the operation of many associations. 4.3.2 About the Contributors According to the Consultant’s suggestion the CAON-FED Office pre-selected a number of Entities to be approached by the Experts for data-collection purposes. In the absence of a representative of the EC Delegation owing to illness, the CAON-FED Office arranged for both meetings with State Entities and non-State ones. Lists of contacts to be held were sent by email beforehand to the Experts and updated during the duration of the visit. The Experts arrived one day late to Bissau because of flight delays, an unrestrained situation which did not hamper the field work programme in Bissau. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 34 A short briefing and debriefing was held in the Delegation of EC to the head of sector. The final list of contributing Entities and of the Representatives with whom interviews were held can be found in Annex C (Republic of Guinea-Bissau section). The short time elapsed between the preparation of the mission and the arrival of the Experts did not allow for providing comprehensive information about the purposes of the meetings; some of the representatives of the Entities concerned had not had the occasion to prepare themselves for a full debate on the issues raised by the Experts but the outputs of most meetings were nevertheless relevant in general terms. The aim of cooperation and the openness for disclosure of information was the rule regarding all the working encounters held at Republic of Guinea-Bissau. At some meetings with State Entities a Representative of the CAON-FED Office was present as an observer. A total of 14 meetings took place in Republic of Guinea-Bissau. These concerned 8 State and 3 non-State Entities, one meeting held with the CAON-FED Office, and 2 meetings with the EC Delegation. All scheduled meetings were performed, except two (Court of Auditors and Counsel of Superior Magistrates) and the 13 Entities approached have disclosed information that may be considered relevant for the purposes of the study. Orientation meetings with the CAON-FED Office were held at the beginning (local briefing), but not at the end of the field mission to Republic of Guinea Bissau. Documentation and source-references (including press reviews) were collected and the object of analysis whenever relevant for the purposes of the study. 4.3.3 Retained suggestions At the beginning of each meeting the Experts made a short presentation of their assignment (context, expected results, methodology and schedule of work) and also stated their expectations about contributions to be collected. Opening address always included preliminary clarification about the eligibility of any possible Project Ideas put forward by the Entity: a) fitting within the concept of Good Governance, as according to the 10th EDF programming new 9 clusters bracket approach; b)added-value by being the object of a 6Countries joint/common cooperation as against a bilateral cooperation issue. Recorded contributions in Republic of Guinea-Bissau, after minor terminology adjustments or complementary mentions (both aimed to render inter-Country aggregation and comparative analysis possible) are recorded in the following Table: Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 35 1.1. 1.2. 1.3. 1.4. 2.0. 3.0. 4.1. 4.2. 5.1. 5.2. 6.1. 6.2. 7.0 8.1. 8.2. 8.3. 9.1. 9.2. 9.3. Governance cluster/Key-issue CODES (*) Contributor (Entity/Service) Delegation of the EC NAO's Office General Prosecutor's Office (GPO) PLACON (Platform of NGOs) Secretary of State for Social Communic. Lawyers Bar Association Project idea (title) NIL NIL 1-Enhancement of fighting against drugs trafficking 2-Training of Magistrates (on the new modalities of crimes) 3-Digital connection between the GPO and the Criminal Police 1-Setting-up an Electoral Observatory 2-Capacity building for civil society platforms 3-ICT-supported networking of NGOs 1Qualification of the new generation of media professionals 2-Motivation and re-integration of former media professionals 3-Supporting co-production of audio-visual programmes 1-Free legal aid to socially disadvanteged persons 2-Reinforcement of legal libraries 3-Establishement of Juvenile Correctional Facilities 4-Dissemination of past and new legislation (paper & radio) Ministry for State Reform and Labour 5-Publication of a juridical journal 1-Setting-up Training Centers for market-oriented professions Chamber of Comm., Ind. and Agric. 2-Setting-up of Employment Centres 3-Qualification of personnel in connection with de-centralisation 1-Setting-up One-stop-shops for enterprise-related formalities 2-Advice to enterprises on quality and standardisation issues 3-Advice on business & enterprise innovation 4-Joint accounting services for small-scale enterprises 5-Overseas digital booth on investment (for the diaspora) 5 1 7 3 7 2 2 (*) see decoding in Table on Section 4.2. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 36 1.1. 1.2. 1.3. 1.4. 2.0. 3.0. 4.1. 4.2. 5.1. 5.2. 6.1. 6.2. 7.0 8.1. 8.2. 8.3. 9.1. 9.2. 9.3. Governance cluster/Key-issue CODES (*) Contributor (Entity/Service) Project idea (title) Ministry of Econ., Planning & Reg.Dev. NIL National Parliament 1-Setting-up of a Parliament multimedia center National Electoral Commission Ministry of Finance Ministry of Justice 4 2 4 1 2-Training on Parliament-related issues 1-Programmes of civic education 2-Interchanges on electoral subjects 3-Improvements on electoral legislation 4-Adoption of ICT tools in the electoral process 1-Training of trainers for State Reform 1-Enhancing fight against organised crime and narco-traffick 2-Enhance fight against corruption 3-Accelerating ongoing reform of legal codes 4-Improvements on the penitentiary system 5-Promoting Extra-judicial settlement of conflicts at local level 1 (*) see decoding in Table on Section 4.2. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 37 4.4 Mozambique 4.4.1 Governance context Political and democratic Governance does not seem to be a problem in Mozambique, in general terms: - - there are no signs of formal discrimination or other breaches of Human Rights. Appeal instances exist; fundamental freedoms are granted, including pluralism of media and free access to internet; several political parties are active, although only two of these are represented in Parliament; 2004 parliamentary elections are reported to have been transparent; 3 electoral acts will take place soon: 2007-Provincial/2008-Municipal/2009-parliamentary and presidential formal separation of powers exists, although it is openly recognized that Government accountability remains to be improved; this is to be achieved by reinforcement of Parliament and Administrative High Court institutional capacities. Rule of law applies all over Mozambique although rural and remote urban areas are not properly covered by judicial services. Access to Justice is furthermore conditioned by the cost of juridical assistance. Judicial power is independent in organic terms and manages its own human resources directly. Alternative dispute-resolution mechanisms are being considered but further action remains to be taken if Ordinary Courts are to be relieved from the substantial burden consisting of minor litigation. Corruption exists at several levels and under different forms, impacting economic Agents and the common Citizen; the phenomenon is frequently reported by the media, with Education, Health, Justice and Law Enforcement being particular areas of incidence. Although public decision-making and the supplying of services by the State Administration are to follow well established and transparent mechanisms, informal connections still play an important role in the procedures concerned. Separation of public and private interests is often not clear; excessive bureaucracy and low level of Public Servants salaries facilitates bribery practices and omission of legal obligations. A special anti-corruption Unit was recently created within the General Prosecutor’s Office but it apparently lacks resources and the legal framework concerned seems to be somehow controversial. The geographical extension of Mozambique is vast, with Government Administration deployed on three main levels: Central, 11 Provinces and 128 Districts (soon to become 140). An overall de-concentration strategy has been recently decided with the aim of securing improved proximity to the Citizen; shortage of skilled personnel at local level seems however to be a serious obstacle to the achievement of such a goal, which is a part of the 2006/2011 Public Sector Reform. Decentralization is also sought with elected Municipalities to progressively cover the territory, but only a limited number of those exist for the moment; Citizens’ participation at Municipal level is secured by means of local Consultative Councils. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 38 About 50% of State Expenses and 75% of public investment are currently covered by external aid. These and other financial resources managed by the Government are subject to dual external control: Parliament and Administrative High Court (in its cumulative capacity of Court of Auditors). Although supervision duties by both Bodies are being performed there is room for improvement of the technical capabilities concerned. Private sector has an overall friendly regulatory environment, although bureaucracy and corruption may place undesirable strains on investment and business creation. Other claims from Business concern difficulties with access to credit, registry formalities and labour regulations (legislation review is however in progress). Macroeconomic stability has been reasonably achieved, including inflation control; overall economic growth tends however to hide uneven distribution of income, on regional and social grounds. Agriculture follows a mere subsistence pattern and is clearly sub-funded. Insufficient environmental protection has been reported in certain geographical areas, specifically in connection with forest exploitation. Physical communications infrastructures and basic services networks need to be further improved, especially in rural areas; proper maintenance of existing social and economic equipment is often disregarded. No traces of ethnic problems or signs of structured societal unrest were found, although the political dialogue may appear to be tense at times, as reported by the media. No threats of terrorism appear to be present; criminality however seems to be on the rise, specifically in urban areas, where armed violence and gang operation tend to be a reality. The Police seems not be prepared for handling this changing pattern of criminality, having also to face allegations of corruption by the common Citizen and the media. Health and human development indicators still rank low in the international context but are steadily improving. Social Governance suffers from generic limitation of public resources, these including skilled personnel and proper funding. However many Donors provide project-related or sector-oriented financial support that alleviates those constrains. It is not obvious that Gender and other cross-cutting issues are actually fully observed in practical terms. Fighting poverty is the aim of the 2006/2009 PARPA II Programme; however a number of other Government instruments also share identical goals and coherence among all may not have been secured. Regional integration is a fact, Mozambique being a full status member of SADC, with practical consequences on trade and cooperation grounds. This PALOP country is also a member of AU, NEPAD and CPLP. Bilateral relations between Mozambique and the South African Republic are particularly strong and concern both trade and cross-border migration. Mozambique is starting a hopeful involvement in the APRM system; a full national report is due in July 2008. Political dialogue between Mozambique and the EC seems to proceed on satisfactory terms and has recently allowed, among other aspects, for the signature of a Governance Commitment within the scope of the programming for the 10th EDF. Ownership associate to cooperation seems to progress at a reasonable pace in several areas. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 39 One important step towards the sustainability of the overall cooperation effort was the gathering of main Donor Partners on the so-called G-19 platform, with Government and important segments of Civil Society as counterparts (this latter namely by means of the G-20 platform of NSA). Basket funding operations tend to be adopted as an interesting modality for inter-Partners effective cooperation over common purposes; budget support is also progressing as against more traditional project-based approaches. Quality of partnership is likely to be improved in such areas as: Human Rights culture, access to Justice, the fight against corruption, Parliamentary activity, decentralization and Citizen’s participation. The relevance of Civil Society is recognized by the Government and many of its Actors hold public prestige by performing important civic or social work. Legitimate interests are represented by Business and Professional Organisations, like CTA (Employers Unions Federation) and the Chamber of Barristers. NSA freely federate themselves in 2nd level Organisations (G-20 platform being one of these) but claims were recorded about some of existing NGO’s not being entirely genuine ones or holding an excessive proximity with ruling powers. 4.4.2 About the Contributors According to the Consultant’s suggestion the NAO Office and the EC Delegation to Mozambique pre-selected a number of Entities to be approached by the Experts for datacollection purposes. The NAO Office arranged for meetings with State Entities and the EC Delegation did the same with non-State ones. Lists of contacts to be held were handed to the Experts on the first working day at Mozambique and updated during the duration of the visit. The final list of contributing Entities and of the Representatives with whom interviews were held can be found in Annex C (Mozambique section). The short time elapsed between the preparation of the mission and the arrival of the Experts did not allow for providing comprehensive information about the purposes of the meetings; the representatives of the Entities concerned had not had, with few exceptions, the occasion to prepare themselves for a full debate on the issues raised by the Experts but the outputs of most meetings were nevertheless relevant in general terms. The aim of cooperation and the openness for disclosure of information was the rule regarding all the working encounters held in Mozambique. At most meetings with State Entities a Representative of the NAO Office or the EC was present as an observer. On the other hand a high disparity existed as far as the position of the Representatives within the Entities is concerned. In fact the Experts held meetings at very different hierarchical levels: from one Cabinet Minister and the President of a High Court to Advisors and junior Officials, with Directors and Division or Unit Heads in between. The Experts cannot thus certify that all the facts reported or the suggestions released by their hosts do reflect the full and updated perspective of the Entity concerned, as opposed to the personal views of their Representatives. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 40 A total of 20 meetings took place in Mozambique. These concerned 10 State and 5 non-State Mozambican Entities, the former including the NAO Office. Meetings were also held with the EC Delegation to Mozambique and with UNDP Representatives, the latter by suggestion of the EC Delegation. All scheduled meetings were performed and 16 of the 17 Entities approached have disclosed information that may be considered relevant for the purposes of the study. In one case the interview could not proceed beyond mutual presentation as the Representatives of the State Entity concerned alleged lack of mandate and thus suggested an adjournment of the meeting (which could not be re-scheduled however on account of time constraints). Orientation meetings with the NAO Office and the EC Delegation were held at the beginning (local briefing) and at the end (local debriefing) of the field mission to Mozambique. Documentation and source-references (including press reviews) were collected and the object of analysis whenever relevant for the purposes of the study. 4.4.3 Retained suggestions At the beginning of each meeting the Experts made a short presentation of their assignment (context, expected results, methodology and schedule of work) and also stated their expectations about contributions to be collected. Opening address always included preliminary clarification about the eligibility of any possible Project Ideas put forward by the Entity: a) fitting within the concept of Good Governance, as according to the 10th EDF programming new 9 clusters bracket approach; b)added-value by being the object of a 6Countries joint/common cooperation as against a bilateral cooperation issue. Recorded contributions in Mozambique, after minor terminology adjustments or complementary mentions (both aimed to render inter-Country aggregation and comparative analysis possible) are recorded in the following Table: Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 41 9.3. 9.2. 9.1. 8.3. 8.2. 8.1. 7.0 6.2. 6.1. 5.2. 5.1. 4.2. 4.1. 3.0. 2.0. 1.4. 1.3. 1.2. 1.1. EC cooperation with PALOP & Timor Leste * Governance-10th EDF * Field Mission County by Country assessed Project Ideas Governance cluster/Key-issue CODES (*) Contributor (Entity/Service) Ministry of State Administration Ministry of Health Administrative H.Court&Auditors Court Ministry of Internal Affairs National Institute of Statistics National Parliament Ministry of Justice COUNTRY: Mozambique (page 1 of 2 ) Project idea (title) 1-Citizens' one stop shop (State Services at local level) 2-Capacity-building for de-concentration and decentralization 3-Digitalized territorial planning (system design) 1-Skills upgrading of Health Personnel 1-Skills upgrading for senior Officials 2-Upgrading of Documentation Centers 3-Study tours&technical exchanges (among PALOP&TL) 1-Upgrading of civil registration system (IDCs;passports; dBases) 2-Setting-up a single Lusophone Police Academy for Senior Officers 1-Skills upgrading for Statistics personnel 2-Creation of a PALOP&TL Statistics School 1-Skills upgrading (Members of Parliament and Advisors) 2-Public awareness of Parliament's role and activities 3-Support to parliamentarian networks 1-Initial training for Magistrates (temporary need) 1-Skills upgrading for Court Officers 3-Promotion of 2008 as Human Rights Year Public Attorney/ Prosecutors' Office (PO) 1-Skills upgrading for senior Officials 2-Technical cooperation networks among P.Os of PALOP&TL 3-Development of systems for extra-judicial resolution of conflicts 4-Upgrading of documental assets (juridical libraries) 1-Offices for free legal assistance to the Citizen Lawyers' Bar Association 2-Attorney avalability during pre-judicial detention period 3-Training centre for trainee Barristers 4-Dissemination of Information on Citizenry rights 1 3 7 8 1 6 2 2 3 (*) see decodification in previous Table Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 42 9.3. 9.2. 9.1. 8.3. 8.2. 7.0 8.1. 6.2. 6.1. 5.2. 5.1. 4.2. 4.1. 3.0. 2.0. 1.4. 1.3. 1.2. 1.1. EC cooperation with PALOP & Timor Leste * Governance-10th EDF * Field Mission County by Country assessed Project Ideas Governance cluster/Key-issue CODES (*) Contributor (Entity/Service) ETICA (national NGO) MISA-Media Independence of Southern Africa COUNTRY: Mozambique (page 2 of 2 ) Project idea (title) 1-Reinforcement of Citizenry (public awareness strategies) 2-Improvement on the quality of the electoral process 3-International conference on fighting corruption 1-Supporting development of local radios 2-Supporting production and distribution of newspapers 3-Development of specific ITC techniques for radio and other media 4-Capacity-building on monitoring Good Governance CIP-Centre for Public Integrity (national NGO) 1-Capacity-building for the quality of Partnership 2-Improving transparency on management of natural resources 3- In-depth development of de-centralization processes 4-Reinforcement of the legal framework on fighting corruption 1-Technical assistance to (and networking of) Electoral Committees EC Delegation to Mozambique 2-Networking of NGO/NSA and their plarforms 3-Strengthening of Parliaments role and mutual cooperation 4-Exploitation of good practices on the electoral process (UNDP) 5-Exploitation of good prcatices on Donors coordination (ODAMOZ) 6-Networking of Auditors Courts NAO's Office 4 2 3 1 1 7-Supporting decentralisation and local Administrations 8-Follow-up of progress on the 2005 Paris declaration goals 9-Support to monitoring of the progress towards the MDG 10-Secure compatibility with NIPs and Entities' strategic planning 1-Secure continuity regarding RIP PALOP II results 2-Secure compatibility with Mozambique Governance Commitments 1 (*) see decoding table in Section 4.2. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 43 4.5 São Tomé e Príncipe 4.5.1 Governance context Political and democratic Governance currently is not seen as a major problem in São Tome e Principe. The one-party system which had prevailed since independence was abandoned in 1990 when a new constitution (amended later in 2003) providing for a multiparty one was adopted following a referendum. Executive power is constitutionally divided between President and Prime Minister. The Human Rights situation is perceived to be acceptable and fundamental freedoms are guaranteed; however it is still missing the ratification of the main international conventions, partly due to the lack of institutional and human capacities. An overall census is foreseen for 2008 but the means/mechanisms to proceed with it are weak. The technical electoral Office works in precarious conditions and the entire cycle of the electoral process needs improvement and support, in particular for the training component. The National Assembly, in spite of ongoing progress regarding redefinition of the role of parliamentary Commissions and strengthened procedures for control of public assets, accounts, and State budget, is still in need of training and interchange programmes and other initiatives aimed to inject a certain degree of dynamism to its role. Rule of law applies to all the territory with main incidence in urban areas however and the information displayed to provide Citizens access to the justice system (legal aid) is still limited. Obsolete laws and other outdated juridical instruments, originated from colonial times undermine institutional work; a reform of updated legislation is in progress but under a slow pace. Remuneration policies for the Justice system personnel do not currently reflect their job specifications and an adaptation of remuneration policies needs to be established. Several specific courts of Law (Maritime, Labour, Family and Juvenile) are in the process of being established. A Centre of Arbitration and an Arbitral Court are in place, specifically for enterprise litigation purposes. The Registry and Notary systems do not meet expectations or needs and the security mechanisms of the civil registration system to deliver Citizen identification cards and passports are permeable. It can have the consequence of delivering fake documents that may in turn contributes to a current increase of criminality within the Region. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 44 Summing up: there are disperse and limited means of implementation of the policies that should contribute to overcome the still inefficient judiciary system. There is evidence of corruption at public and private level but a number of cases have been exposed to the public; however the prevailing bureaucracy in the public Institutions and the length of handling cases of corruption plus the unfriendly environment to business creates an appropriate climate to the increase of it. However, the adoption of anti-corruption legal texts is a positive sign in fighting against it. Emerging organised crime is also concern of the Authorities, in particular the one related with drugs trafficking, which represents a real threat because of the difficulties in patrolling the maritime boarders. Bureaucracy is a handicap of the Government effectiveness in the country, which undermines the level of access to Government Agencies: inefficient and time-consuming administrative services; slow level of decentralization of administrative services; waiting time to receive a reply, requested document or correspondence. There is a lack of availability of qualified professionals at the appropriate posts. The strength of the private sector in the country is limited, not only because of the tiny dimension of the market but also because of a still not business-friendly overall climate. The main difficulty relates to the reduction in bureaucracy: barriers preventing foreign investors from making more substantial investments; a non-existent set up to settle contentious matters; lack of supervision over macroeconomic management mechanisms to ensure that the inflation rate is favourable to growth, that the monetary control avoids depreciation of the national currency and also external debt sustainability. It was suggested that organized professional, economic and financial cooperation activities with other countries in the sub region be put forward; that an agreement with CEMAC will be achieved; that a Unique window towards the Government will be provided serve the private sector. In spite of the progress made in a series of macroeconomic policies and adjustment measures, the external vulnerability of the economy continues to be a concern. The burden of the public external debt is high and per capita income is very low, in addition to which, structural problems continue to pose problems for economic growth and private investment. In the short and medium terms, São Tomé e Príncipe will continue to depend on external assistance and financial support for its external account deficits, which are clearly manifested in the wide gap between imports and exports. With respect to the hydrocarbons (oil, natural gas, etc.) to date, negotiations have already been conducted culminating in the demarcation of maritime borders with neighbouring countries, namely Gabon and Equatorial Guinea. In addition, the STP Government has already had negotiations with Nigeria concerning the problems related to oil exploration in areas considered to be common, and joint exploration is under way. A National Oil Agency has been established and it is fully operational. A series of legal texts have been approved, but still needed to be ratified. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 45 Social Governance issues are of great preoccupation in a country where geographic dispersion, lack of awareness, and insufficient means of transportation are factors impeding better operation of the education system. Although some school transportation does exist, there are still areas where vehicles not accessible to all students. Another extremely important factor is the need to achieve gender equality. As the incidence of poverty is greater in rural than in urban areas, there is an evident one-way migratory flow from rural areas to the capital—another important factor to be overcome, as it correlates with increasing numbers of street children, higher levels of unemployment, prostitution and criminal activity. A national strategy for the equality and equity of gender was published in 2005 which led to the creation of the Directorate of Gender. It will become fully operational by the end of the year. The Observatory of Poverty Reduction (Observatório da Redução da Pobreza,-ORP) has been created in direct consultation with the Minister in charge of Planning and Finance; one of the capabilities is to ensure the implementation of the ENRP’s (National Strategy of Reduction Poverty) Plan of Action and the accomplishment of the defined goals. Regional integration: São Tome e Príncipe has seen recently its relationship with Nigeria grow significantly as a result of their mutual oil interests. São Tome e Príncipe’s has good partnerships with Western donor countries and institutions as part of its economic reform programme. Its closest partnerships are with the other Portuguese-speaking African countries (member of CPLP, PALOP, UCCLA) and with Portugal itself, the main trading partner. Currently, São Tome e Príncipe is pondering the idea of becoming a member of the ECOWAS. Political dialogue has increased in São Tome e Príncipe and a Donor’s meeting aimed to revise the situation in São Tome e Príncipe took place in May 2006. It had also the objective to ensure better coordination among Donors and the Government to avoid dispersed aid funds and not to duplicate actions. Civil society is represented by 85 organisations, covering different areas and interests, those being members of a Federation –FONG. This Organisation has the direct responsibility to centralise the collection of all funds donated by the international community and to manage and allocate these upon presentation of projects by its different Members. FONG works together with the Government institutions and a document of strategy on communication among NGOs, partners and Government is in place. It is also about to establish a dialogue platform with the Government.Civil society has been consulted during the 10th EDF exercise. The promotion of information and participation, degree of radio and television coverage, the pluralism of media, freedom of the press are guaranteed by law. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 46 However, in São Tome e Príncipe financial difficulties can put at risk the pluralism of the media. The lack of local printing facilities for the production and distribution of written press may contribute to the disappearance of the still remaining newspapers. 4.5.2 About the Contributors According to the Consultant’s suggestion local NAO Office had pre-selected a number of Entities for data-collecting interviewing by the Experts. Other Contributors were added to the original list as the field work progressed. The final list of contributing Entities and of the individuals with whom interviews were held can be found in Annex C (São Tomé e Príncipe section). Although sought and expected no direct contact was possible with the EC Delegation covering São Tomé e Príncipe, which is based at Libreville (Gabon). No specific contribution was received from this source, either during or after the field mission. Probably on account of short notice the Representatives of the Entities selected for interviewing did not seem to have had the occasion to prepare themselves for a full debate on the issues raised by the Experts. The outputs of most meetings were nevertheless relevant in general terms, although some of the suggestions put forward may hardly be considered on a multi-Country cooperation perspective. With few exceptions meetings took place at high hierarchical levels of the Entities concerned, usually with the first line Executive Officers. Experts had the opportunity to meet personally HE the Minister of State Finances and Planning (who also holds the post of Vice Prime Minister). On an informal basis the Experts paid their respects to the Venerable President of the High Court of Justice, who also contributed with her own views regarding sector gaps and priorities. Officials were friendly, cooperative and apparently driven by a genuine motivation towards a fast and in-depth improvement of current conditions, which appear to be critical in almost all the sectors covered by this field mission to São Tomé e Príncipe. A total of 17 meetings were successfully conducted with the participation of 12 State and 3 non-State different Entities, the former including the NAO Office where a briefing and a short debriefing took place. Some documentation and source-references (including press reviews) was collected and the object of analysis. At some of meetings a Representative of the NAO Office was present as an observer. The Experts were requested to provide radio and TV statements about the purposes of the field mission and the study concerned, which they did by providing contextual information about the EU/ACP cooperation and the 10th EDF. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 47 4.5.3 Retained suggestions At the beginning of each meeting the Experts made a short presentation of their assignment (context, expected results, methodology and schedule of work) and also stated their expectations about contributions to be collected. Opening address always included preliminary clarification about the eligibility of any possible Project Ideas put forward by the Entity: a)fitting within the concept of Good Governance, as according to the 10th EDF programming new 9 clusters bracket approach; b)added-value by being the object of a 6Countries joint/common cooperation as against a bilateral cooperation issue. Recorded contributions at São Tomé e Príncipe, after minor terminology adjustments or complementary mentions (both aimed to render inter-Country aggregation and comparative analysis possible) are recorded in the following Table: Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 48 9.3. 9.2. 9.1. 8.3. 8.2. 7.0 8.1. 6.2. 6.1. 5.2. 5.1. 4.2. 4.1. 3.0. 2.0. 1.4. 1.3. 1.2. 1.1. Governance cluster/Key-issue CODES (*) Project idea (title) National Authorizing Officer's Office 1-Improvement on the prevention of delinquency (training for the Police) 2-Improvement on the preparation of the electoral process 3-Reinforcement of Immigration Control systems 4-Rationalization and modernization of Public Administration Journalists Trade Union 1- Exchange of Good Practices (regulatory matters; deontology) Chamber of Comm. Ind. Agr. and Serv. 1-One stop shop for business affairs and enterprise creation 2-Supporting operations of the PALOP&TL network of Chambers of Commerce Min. Nat.Res.& Envir. (Gen.-Dir. Envir.) 1-Practical implementation of legal frameworks on Environment (regulations) 2-Management of urban solid waste - determination of common strategies 3- Environmental education-common awareness-raising programmes 4-Managment of Natural Parks-design of sustainable models Ministry of State Administration 1-Skills upgrading of local Officials and office personnel 2-Supporting activities of the existing Public Administration Schools network 3-Replication of training programmes issued from selected pilot initiatives 4-Creation and operation of a Public Administration- PALOP+TL dedicated web-site 5-Improvement of quality on the Public Services for the Citizens 6-Creation of a common Observatory of Public Administration 7-Creation of an Observatory on the fight against corruption National Oil Agency National Police Civil Protection Service 2 2 1 5 2 6 3 4 2 1 2 1-Improvement of the whole electoral process 2-Modernization of the legal framework for private sector operation 3-Reinforcement of mechanisms for upgrading transparency and fighting corruption 4-Support to capacity-building of NGOs 5-Support to independent media 1-Qualification of Police Experts (creation or upgrading of Special Units ) 2-Supply or reinforcement of Scientific Police equipment 1-Combined training of key-personnel on Civil Protection subjects 2-Combined expert missions on Civil Protection subjects 1 (*) see decoding in Table on Section 4.2. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 49 9.3. 9.2. 9.1. 8.3. 8.2. 7.0 8.1. 6.2. 6.1. 5.2. 5.1. 4.2. 4.1. 3.0. 2.0. 1.4. 1.3. 1.2. 1.1. Governance cluster/Key-issue CODES (*) Contributor (Entity/Service) Ministry of Justice and Parliam. Affairs National Parliament Electoral Technical Office Press FONG-Federation of NGOs Nat. Instit. Prom. Gender Equality& Equity Project idea (title) 1-Supporting ongoing reforms of older legal codes 2-Further skills upgrading of Justice personnel (a) 3-Reorganization/modernization of Registry & Notary Offices 4-Setting-up systems for issuance of secure ID cards 1-Capacity-building in selected areas (including applied ICTs) 2-Child&Youth Parliament 3-Creation of a PALOP&TL Training Centre for Parliaments 1-Exchange of Good Practices for Electoral Processes 2-Training of Electoral Agents 1-Specialised Capacity-Building (included ITCs) 2-Lusophone Network for the Media 3-Exceptional Support (to protect the plurality of information) 1-Enhancing transparency of public affairs and crime-fighting 2-Strengthening of protection of natural resources (a) 3-Strengthening of protection of vulnerable persons (b) 4-Capacity upgrading of NGOs (including Resource Centers ) 1-Training of Mediators and Trainers 2-Research (common interest subjects) 3-Publication of awareness-raising materials 4-Networks on Gender-related subjects 3 3 4 1 1 1 1 5 1 (*) see decoding in Table on Section 4.2. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 50 4.6 East Timor 4.6.1 Governance context Political and democratic Governance in East Timor lays out a vision of a democratic country that has acceded to all seven core international human rights treaties, providing additional legal guarantees of human rights and civil liberties. Elections are overseen by an electoral supervision body, as stipulated in the Constitution. The supervisory body is the National Electoral Commission (CNE), a 13 member body to be constituted each time there is an election. Members of the CNE are appointed by the president, Parliament, Government and the Judiciary. A permanent technical body, the technical secretariat for the Administration of elections, undertakes the organisation and administration of elections. The office of Provedor de Justiça for human rights and justice was established in March 2006, and two deputies have been appointed for human rights and anti-corruption issues. The Provedor functions as ombudsman and Human Rights Commission. The Provedor is appointed by and answers to the Parliament. The legal framework and accreditation standards for the private lawyers remain to be created and the 30 existent private lawyers in the country are working for law firms or legal aid organizations with no legal framework either for private lawyers or a bar association. Legal aid organizations provide public defence services because of the limited number of public lawyers, and additionally legal aid organizations provide mediation services, which parties in civil cases often use, given the costs and duration of court cases. A draft advocate statute which would create a bar association and regulatory framework for lawyers was produced by lawyers and is still under consideration by a parliamentary committee. The Government’s own initiatives to provide information, coupled with an independent and free press has been solid and the Council of Ministers produced press releases in both Portuguese and Tetum after meetings. The Official Gazette, Journal of the Republic, is a key means of disseminating information, particularly on new legislation. To date Government and most line ministries have websites, encouraging a better informed public. To date Timor-Leste has enjoyed freedom of media, and according to Freedom House’s report in 2005 is among 39 percent of countries out of 194 surveyed with a free press. However, the penal Code criminalizes defamation, which encountered opposition from the media, including the Timor-Leste Journalist Association. Since 1999, Timor-Leste has developed 4 daily newspapers, several weeklies, an independent national television and radio broadcaster, and community radio stations in most districts Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 51 (which play an important role as an accountability mechanism). However, the quality of reporting is weak and serious investigative journalism still does not exist. The media are financially frail and susceptible to criticism due to the legacy of suppression of the media during the Indonesian era. Timor-Leste’s National Development Plan (NDP) states that rule of law should be respected and Constitution clearly provides the separation of powers (in practice it resides with the Executive and is relatively weak or remains to be created). The Constitution of Timor-Leste identifies Portuguese and Tetum as the official languages of the country. It is necessary to ensure the transition from a legal system in Indonesian to a civil right system in Portuguese and Tetum. This implies the reintroduction of Portuguese and the introduction of Tetum as effective working languages in the administration of justice. It also establishes the independence of the courts of judiciary and a framework for safeguarding this independence; in addition to courts and a Prosecution Service, the Superior Council for the Judiciary and the Superior Council for public Prosecution exist as independent bodies. The President appoints both the Prosecutor General and the president of the Supreme Court. As stipulated by the Constitution, the Prosecutor General has been making annual reports to Parliament. The Ministry of Justice sets overall policy direction for the sector, runs the judicial Training Centre, has responsibilities for legislative research and drafting, and administers the prison and defence services. The Courts envisioned by the Constitution include the Supreme Court of Justice and other judicial courts, the High Administrative, Tax and Audit Court and Military Courts. It also provides for the establishment of Maritime Courts and Arbitration Courts. Some district courts have been established but function sporadically due to logistical difficulties. Additionally, the courts have developed considerable backlogs. The Timorese Courts are currently operated by international Judges, Prosecutors and public defenders; 20 legal professionals from lusophone countries have been recruited to fill the vacancies left by unqualified Timorese legal professionals. In fact, the system is likely to remain dependent on international court personnel. The Ministry of Justice is leading a computerisation process in the sector, with support from UNDP, which aims to allow a greater articulation between the various bodies, namely Courts, Prosecution, prison facilities and defence. The issues of regular power supplies being backed up by generators and new developments of wireless technology should also be explored for a successful implementation of the computerised system. Building the capacity of the police services is far from being complete and requires support to a series of areas of intervention. PNTL (National Policie of East Timor) has put into place several units, whose primary objectives are to monitor internal security, including criminal activity and border insurgence relative to people smuggling and arms trafficking. These units have the ability to monitor and gather intelligence and are linked to other agencies for the broader national security. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 52 The five specialist units within the PNTL have been developed and comprise Border patrol and security; Rapid Intervention Unit (RIU) dealing with anti-social behaviour, crowd control and disbursement of riots; Reserve Police Unit (RPU) which monitors internal security activities, in particular in the border regions of the country and reacts to armed and/or criminal activities; and Maritime Unit that ensures effective maintenance of sea borders, search and rescue, the management of fisheries legislation, and the management of the environment of the coastline and rivers, and the Immigration services. Illegal detentions remain a significant problem and the effectiveness of justice is hampered by the fact that laws and proceedings are not translated into languages understood by all courts (eg: Timorese legal professionals of whom the majority were trained in Indonesia). The National Directorate of Prison Services and Social Reinsertion is about to approve its Organic law. The regime of execution of penalties, the statute of the prison guards, their respective code of conduct and the internal regulations for prison facilities are currently being drafted. The first stage in illegal detentions has been keeping suspects in preventive detention beyond the 72 hour limit within which the suspect must appear before a judge. Police adherence to this regulation has improved, but its progress has been undermined by the slowleness of the prosecution and courts in bringing detainees to court. Corruption has been addressed as an important issue and the Office of the Inspector General has been active in promoting transparency and anti-corruption measures through dissemination of information. The recorded allegations of misuse of public funds and corruption covered irregularities of recruitment and in procurement processes and mismanagement of public funds. The definition of corruption in the new Penal Code is not consistent with the UN Convention Against Corruption (eg Definition of criminal corruption), however, the signature by the Government of the UN Convention Against Corruption in 2003 is a public statement of commitment to combat corruption. As an emerging oil economy, Timor Leste’s support for the Extractive Industries Transparency Initiative is a very positive sign. The Government was already following the transparency principles before the initiative was itself established. The quest for generic Government effectiveness is a recent and ongoing process; however in 2004 the Civil Service Statue and its accompanying codes of ethics and disciplinary procedures set the framework for a responsible public service. At present, reports of absenteeism and failure to comply with standard attendance, working hours and punctuality are fairly widespread. Moreover the administration is highly centralised, with many decisions sent to Ministerial or Prime Minister level. The United Nations Transitional Administration for East Timor (UNTAET) labour code attempted to install what were considered to be minimum internationally accepted standards for hours of work, holiday and sick leave and maternity benefits. However, the Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 53 Labour division does not have the capacity to be able to develop a range of policy options that Government can consider in the area of labour and employment, as well as to prepare draft laws once a choice has been made. There is also the question of how a social security scheme would be managed, involving key stakeholders. The economy is strongly based on oil revenues and over the next two decades stands to gain tens of billions of dollars in oil and gas revenues from the Timor Sea. However, the revenues from current oil and gas fields are expected to last for only a few decades. Therefore, East Timor has adopted a strong regulatory framework to ensure transparent and sustainable use of oil/gas revenues through the national budget approved by Parliament. Yet weaknesses in national capacity make the system vulnerable in the face of the departures of international advisors. The Government acknowledges this vulnerability and collaborates with donors partners to create a multi-donor five year planning and financial management capacity building programme. The institutional and political environment is not entirely friendly to favour the development of private sector. Moreover, the heavy reliance on external advisors to draft the legislation, since there are not enough Timorese trained in drafting legislation may ensure appropriate technical inputs, but poses a risk in that draft laws are not compatible with each other or with existing laws, and are not adapted to Timorese institutions. For instance, the development of private sector regulation, encompassing laws for companies, cooperatives, investment, bankruptcy, payments, and insurance, has been spread across different ministries, and as such may pose challenges for harmonization and implementation. East Timor cannot afford the risks of additional costs of impediments to trade facilitation and private sector development. Efficient border management can facilitate trade and improve the collection of taxes and duties while reducing administrative cost and delay. Furthermore, it is necessary and vital to the security and prosperity of East Timor to involve the private sector in the development and implementation of border management and cooperation. The government and the private sector are key partners and both need each other for assessing security risks and developing appropriate technology to provide advance information on goods and passengers and securely facilitate their movement. For the promotion of economic growth, it will be important to foster a client-friendly and corruption-free relationship between Government and business, including areas of procurement, registration and licensing, customs taxes, and dispute settlement. It is relatively difficult to start a business in East Timor due to costs and required capital which is several times higher than the average in the region. Social Governance in Timor Leste needs to be improved, in particular with the poor that are at risk from malnutrition, with attendant health risks, lack of access to education, lack of access to health care, weakness in labour negotiation, lack of equitable access to law. The situation is more precarious in rural areas, where poor families have more family members, are headed by someone who has not completed primary education, have a lower standard of literacy, and are without electricity, safe water and improved sanitation. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 54 In 2002 United Nations Transitional Administration for East Timor (UNTAET) Regulation No. 2002/5 instituted a Labour Code whose Section 8.1 established MTRC ( Ministry for Labour and Community Reinsertion) as an arm of Government with three divisions; Labour, National Directorate for Social services and Solidarity (DSS), and Vocational Training and Employment. The Labour Code further provided that DSS comprise several Sections, with associated functions, targeting children, women, persons with a disability, elderly persons and refugees. The work of the National Directorate for Labour Issues Services (NDLIS) has primarily focussed on monitoring and inspection of compliance with the labour code; assisting in labour dispute resolution through negotiation and conciliation, and conducting workshops on mediation and resolution of industrial disputes. It has also begun talks with key stakeholders, including Government, trade unions and employers associations, on the development of a social security system for East Timor. According to data presented in the National Development Plan, two-thirds of the female population is illiterate and 20 percent of children enrolled in school rarely attend classes. Girls are likely to be withdrawn from school at an early stage to assist in subsistence farming and household chores. Women also have poor health and their access to health services is low. Domestic violence affects women in East Timor in a disproportionate manner. A preliminary report by PRADET Timor Lorosae and UNICEF in 2002 indicates that 61 percent of all documented cases of child abuse are girls. There is an urgent need for action against domestic violence, especially that directed towards women. Actions required include improved access to justice, protection and support for women victims, law reform and mass community education on women’s rights. The patriarchal social system is strongly implemented and mostly gives older men the power of decision making. Customary law, related to issues such as land inheritance, is discriminatory towards women. This hinders women’s access to and control over assets. Natural disasters and civil emergencies pose a risk to the country, those being deliberately accidental (as terrorist attacks) or a result of negligence or poor planning. At sea, coastal marine pollution poses a major threat to Timor-Leste’s pristine coral reefs and fishing grounds, and could seriously undermine East Timor fledgling diving tourism industry. A legal framework to address the risks of both natural disasters and civil emergencies has been drafted and a National Disaster Risk Management Plan has been prepared under the authority of the Minister of Interior, based on Decreto do Governo no 3/2004 de 5 Maio, Artigo 9 Direcção Nacional de Proteção Civil. However, the Plan is still to be supported by a Disaster Management Act to bring the measures advocated under this Plan into force. Internal Security and demobilization programmes have played a significant role in laying the foundations for peace and security in the country. These various programmes addressed the concerns of such groups as FALINTIL fighters, former Timorese militia, ex-TNI, clandestine supporters of FALINTIL and FALINTIL widows and orphans. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 55 The demobilization programmes of the FALINTIL Reinsertion, which was designed to provide exclusive assistance to FALINTIL fighters and their families who either chose to go back to civilian life or were not selected to enter the East Timor Defence Force (ETDF), was focused by being of sustainable packages that include income generating activities complemented by vocational training. Support to veterans has the objective to develop policies and programmes that respond to the needs of legitimate veterans to ensure that this group does not become a source of future disaffection and instability. Land and Maritime Border Security of East Timor’s borders are vital and pose important security challenges for the Government especially in relation to its duty to protect its citizens. The land borders themselves, including Oecussi’s, are comparatively long – totaling about 269 km, and are rough and difficult to police from either side. Smuggling – and perhaps concomitant corruption, could become a significant issue, given the extensive use of subsidies for many basic consumer goods and oil/gas products in Indonesia. There are likely to be considerable temptations for people to buy goods at subsidized prices in West Timor and sell them in East Timor. Currently, a border pass agreement is being negotiated between the two counties. Yet another aspect of border security of concern to the Government is the importance of restricting the movement of former anti-independence militia from West Timor into East Timor, including into the Oecussi special region. It is also important to consider that border management and security cannot be carried out in isolation from the population. The communities are the eyes and ears of authorities. Therefore, it is essential to establish lines of communication and consultation with them. Political dialogue between East Timor and the EC seems to proceed in satisfactory terms and once the EC delegation is established in the country it will consolidate the cooperation between both parties. Civil Society organisations in East Timor have yet to assume a strong watchdog role, with the exception of several organisations (HAK association, Fokupers the judicial system monitoring programme, Rede Feto…), have performed well in its systematic monitoring role. The role of civil society in improving governance in East Timor could be strengthened further through closer links between non-governmental organisations and the media. The Decree Law on Non-profit Corporate Bodies was published in mid-2005. It provides an essential framework for the creation and registration of civil society organisations, in particular foundations and associations. However, further consultation was needed to promulgate the law and the requirement that foundations possess no less than USD 50,000 in assets to be recognised may be unrealistic, particularly for district-specific foundations. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 56 4.6.2 About the Contributors In spite of several attempts to establish contact with the representative of EC in East Timor and other sources in the field the direct contributions collected were minimal. The experts relied mainly on the Good Governance profile and three documents delivered by the EC representative in East Timor and, additionally, on the documents and sourcereferences collected by them, including internet consultations. The interpretation of the collected data was the object of analysis whenever relevant for the purposes of the study. 4.6.3 Retained suggestions Information in East Timor was obtained on the basis of desk research and can be summarised as follows: Elections: New voter registration cards CNE more resources: election staff and training required CNE enlarged for national elections and commission memebers could be given a sabbatical year from their normal jobs Continous Legal advice Media: Lack of both financial and human resources Technical training required Justice: Lack of uniformity in procedures and weak case management practices Insufficient support services including interpreters, translators, and record keeping Lack of awarness of the population about duties of the government, the judicial process, and the rights that are protected by the judicial system and the Constitution Transition from a Bahasa-based Indonesian legal system to a Tétum and Portuguese based national, civil law system Inadequate number of qualified judges, prosecutors, public defenders and court clerks Limited facilities and equipment Limited knowlodge about the law Lack of proper communication between the various institutional components in the justice system. Police: Lacking Professional delivery of police services Introduction of standardized operational and administrative procedures and systems Training and skills development for the managerial, operational and administrative staff of PNTL Further development of specialized services within PNTL Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 57 Improving communications systems within the Ministry of Interior and PNTL. Private Sector: Lack of dynamism Legislation needs to be improved to boost investment Promote friendly business environment Government incentives very low Further development of Labour Code Civil Society: Strenghtening capacity building Decree law not in Conformity with the reality of the country Financial means limited Organisation of NGOs need improvement Low understanding of their duties/role Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 58 1.1. 1.2. 1.3. 1.4. 2.0. 3.0. 4.1. 4.2. 5.1. 5.2. 6.1. 6.2. 7.0 8.1. 8.2. 8.3. 9.1. 9.2. 9.3. EC cooperation with PALOP & Timor Leste * Governance-10th EDF * Field Mission County by Country assessed Project Ideas Governance cluster/Key-issue CODES (*) Inputs from documental research Strengt. Institut. of Gover.TL WB April 2006 Strengt. Institut. of Gover.TL WB April 2006 Strengt. Institut. of Gover.TL WB April 2006 Strengt. Institut. of Gover.TL WB April 2006 Right, Equality and Justice - April 2006 Right, Equality and Justice - April 2006 Right, Equality and Justice - April 2006 Strengt. Institut. of Gover.TL WB April 2006 Right, Equality and Justice - April 2006 Strengt. Institut. of Gover.TL WB April 2006 Right, Equality and Justice - April 2006 Right, Equality and Justice - April 2006 Right, Equality and Justice - April 2006 Social, Civil and Heritage Protect. April 2006 Right, Equality and Justice - April 2006 COUNTRY: Timor Leste Items New Voter Registration Cards Trainning for election staff Continous legal advice Tecnical training for media (investigation journalism) Improving uniformity in procedures Strengthening management practices Reinforcement of support services (translators, record keeping) Awareness raising for the citizens on their rights and duties Qualification for judges,prosecutors,public defenders,court clerks Improving computerised information justice institutions Introduction of standardised operational and admist. procedures Training for managerial, operational administrative of PNTL staff Development of specialised services of the PNTL Improving communisation systems within MoI and PNTL Adequate legal framework to boost investment Security, Peacebuilding and Recon. April 2006 Promote friendly business environment Strengt. Institut. of Gover.TL WB April 2006 Enhancing government incentives Social, Civil and Heritage Protect. April 2006 Social, Civil and Heritage Protect. April 2006 Strengt. Institut. of Gover.TL WB April 2006 Strengt. Institut. of Gover.TL WB April 2006 Strengt. Institut. of Gover.TL WB April 2006 Strengt. Institut. of Gover.TL WB April 2006 1 1 1 3 9 4 1 Further development of Labour Code Reinforcement of Civil Protection Support to capacity building of NGOs Promote the organisation of NGOs Divulgate the role and duties of NGOs Prevention and combat of domestic violence 3 Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 59 1.1. 1.2. 1.3. 1.4. 2.0. 3.0. 4.1. 4.2. 5.1. 5.2. 6.1. 6.2. 7.0 8.1. 8.2. 8.3. 9.1. 9.2. 9.3. EC cooperation with PALOP & Timor Leste * Governance-10th EDF * Field Mission County by Country assessed Project Ideas Governance cluster/Key-issue CODES (*) Inputs from documental research Strengt. Institut. of Gover.TL WB April 2006 Strengt. Institut. of Gover.TL WB April 2006 Strengt. Institut. of Gover.TL WB April 2006 Strengt. Institut. of Gover.TL WB April 2006 Right, Equality and Justice - April 2006 Right, Equality and Justice - April 2006 Right, Equality and Justice - April 2006 Strengt. Institut. of Gover.TL WB April 2006 Right, Equality and Justice - April 2006 Strengt. Institut. of Gover.TL WB April 2006 Right, Equality and Justice - April 2006 Right, Equality and Justice - April 2006 Right, Equality and Justice - April 2006 Social, Civil and Heritage Protect. April 2006 Right, Equality and Justice - April 2006 COUNTRY: Timor Leste Items New Voter Registration Cards Trainning for election staff Continous legal advice Tecnical training for media (investigation journalism) Improving uniformity in procedures Strengthening management practices Reinforcement of support services (translators, record keeping) Awareness raising for the citizens on their rights and duties Qualification for judges,prosecutors,public defenders,court clerks Improving computerised information justice institutions Introduction of standardised operational and admist. procedures Training for managerial, operational administrative of PNTL staff Development of specialised services of the PNTL Improving communisation systems within MoI and PNTL Adequate legal framework to boost investment Security, Peacebuilding and Recon. April 2006 Promote friendly business environment Strengt. Institut. of Gover.TL WB April 2006 Enhancing government incentives Social, Civil and Heritage Protect. April 2006 Social, Civil and Heritage Protect. April 2006 Strengt. Institut. of Gover.TL WB April 2006 Strengt. Institut. of Gover.TL WB April 2006 Strengt. Institut. of Gover.TL WB April 2006 Strengt. Institut. of Gover.TL WB April 2006 1 1 1 3 9 4 1 Further development of Labour Code Reinforcement of Civil Protection Support to capacity building of NGOs Promote the organisation of NGOs Divulgate the role and duties of NGOs Prevention and combat of domestic violence 3 Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 60 5 Collected Contributions-EC and Other Institutions Main suggestions and requests described in section 4 above were collected from State and nonState Actors, each one of them playing an important role within a specific area of concern. Besides those typically sectoral (and also national) perspectives other important contributions could as well be seized from dialogues held during the performance of the study. Contacts of the Experts with the EC were fruitful and helped to place some of the raised issues in context by properly interpreting and combining Country/CSP/NIP perspectives with the ACP/EDF wider ones. Important exchanges of views took place with EC Representatives both in Brussels central Offices (DGDEV and AIDCO) and at the local Offices (namely at Maputo, Luanda and Praia). Among others the following generic issues were the object of examination in meetings held with the EC and were retained by the Experts for further analysis concerning the determination of areas of cooperation and the Projects concerned: • • • • • • • • • Quality of partnership Inter-Donors coordination Role of Parliaments and of Courts of Auditors Role of Civil Society and of NSAs Role of the independent media Decentralization/De-concentration Electoral process Justice and Law enforcement Cross-cutting issues (gender in particular) In a meeting held in Mozambique with UNDP Representatives it was acknowledged by the Experts that a modern and comprehensive system for supporting the overall electoral cycle exists and may be easily adapted to Portuguese language and to the PALOP&TL reality. Although no in-depth analysis had taken place it was assessed that the CPLP (umbrellaOrganisation for the five PALOP, East Timor , Portugal and Brazil) provides the coordination framework (often logistical too) for a number of Portuguese language thematic networks and fora, with a variable degree of formalisation however. Among these the ones concerning the Parliaments and the Courts of Auditors should be mentioned. From the Portuguese Cooperation Office the Experts learned about the ongoing cooperation between Portuguese law Enforcement Agencies and a number of their sister Organisations in the PALOP and East Timor. It also came to the attention of the Experts that both the UCCLA (network of the capital cities of Portuguese-speaking Countries) and the ANMP (Union of Portuguese Municipalities) are promoting (or intending to) a number of interesting initiatives targeted at the PALOP that may converge with some of the cooperation issues concerned by this study. The same is apparently taking place within the scope of Civil Protection but no details were available. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 61 In meetings held with NAO Offices, especially in Cape Verde, the following methodological aspects were brought to discussion as far as this study is concerned: • • Need for a flexible approach on Project identification at present stage of works; more involvement from the ACP Partners would be advisable, which could include some cross-checking of needs and priorities assessed between the NAO Offices and the Entities and Services approached by the Experts; The detailed design (Activities, Times and Costs) of the Projects issued from the areas of cooperation determined should therefore take place at a next stage of the ongoing programming process. At all meetings held at both the EC and the NAO Offices the subject of coordination and management of the overall Initiative was brought to discussion, as a critical aspect in the feasibility of this new cooperation instrument irrespective of its material content. In fact some severe constraints could be anticipated as a consequence of the non-regional nature (in light of the Cotonu Agreement and the 10th EDF management provisions) of this multiCountry Initiative, as no single budget will be available and no RAO with formal decisional capacity and authorization powers is likely to be appointed. Adding to those expected difficulties the recent RIP PALOP II experience (specifically with regard to budgeting estimates management), the need for an innovative coordination and management model was clearly put forward, in order to avoid the otherwise highly predictable pitfalls (annoying delays; friction among Actors; low efficiency and effectiveness). Other aspects deserving proper attention from all Actors involved in the programming of the new Initiative, which were the object of mention or debate in the meetings held at both EC and NAO Offices, are: • • • Securing complementary approaches and synergies on certain project Components or Activities on a cross-contribution condition with regard to some of the targeted Countries. That is, providing a clear distinction and the appropriate dialogue between: i) the elementary Actions funded by the new Initiative (these to be performed jointly or under a common frame with the other participating Countries); and ii) parallel Actions, focused on the same or similar areas or group-targets but conducted exclusively at Country level (under the EC/NIP concerned or even funded by other Donors’ resources); Securing continuity and synergy generated by the proper combination of the Projects/Components/Activities/Actions to be funded and performed within the scope of the new Initiative (in the 2009/2010- 2013/2014 time-frame) and all those similarly aimed: i) that have been conducted in the recent past (eg: RIP PALOP II; EC bilateral cooperation; funding by other cooperation Partners); and ii) that will be conducted in the in-between future (that is: before 2009/2010) Addressing and agreeing in due time the subject of the full (in principle by rule) or partial (in principle by exception) participation of all six Countries in all planned Activities, in association with the fact that every project must be funded by a mix of resources to be withdrawn from the six NIP-budgets where the overall financial envelope was distributed. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 62 5.1 Technical framework The study concerned in this report is aimed to elucidate the nature and the material content of a Cooperation Initiative focused on (Good) Governance and simultaneously targeted to a group of Countries. A substantial part of the study consisted of a field mission aimed at assessing all relevant suggestions and requests in line with that purpose, by direct consultation with local keyActors. Before initiating the mission the Experts had therefore to set-up clear boundaries allowing for practical decisions on what should (and should not) be accepted as a positive contribution from all legitimate parties concerned. The preliminary questions placed were therefore: • • • Which areas of cooperation should be targeted, within the overall concept of (Good) Governance? What categories of ideas/proposals were to be accepted in order to provide a list of eligible subjects leading the determination of a structure of Projects? How should cooperation be devised within the pre-designated group of six Countries? Next questions would logically be, in a moment when all contributions would be collected and organised: • • • How to render compatible/comparable the inputs seized? How to determine more/less interesting areas of cooperation? How to build Projects out of selected areas of cooperation? In the Inception Report that closed the preliminary stages of action (initial briefing; desk study) some space was devoted to the discussion of the concept(s) of (Good) Governance. No need was felt to further proceed with that line of research as the EC provided in due time clear guidance on the instrumental framework to be used for the purposes of this study. That tool is the 9-Clusters grid (displayed in Annex D, used in Annexes F, G and H) that has recently supported the political dialogue EC/ACP aiming towards the programming of the 10th EDF and which ultimately led, for each one of the six Countries concerned by the new Initiative, to the Governance Profile and the Governance Commitments documents. During the field mission no questions were raised about the use of the grid for the purpose of determining the scope of contributions sought by the Experts. It was furthermore assessed that most of needs and priorities expressed by local contributing Actors fell within (at least) one of the 9 clusters/topics, often in more than one simultaneously. Most of the suggestions and requests collected during the field mission concerned clusters 1 (Political and democratic governance), 2 (Rule of law) and 3 (Control of corruption) and cluster 4 (Government effectiveness). It was not always possible to avoid partial overlapping in the classification of each individual contribution, according the logic of the grid (namely clusters 1 & 2 and clusters 3 & 2). Dialogue on subjects concerning cluster 4 concerned often the decentralization/de-concentration issue. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 63 Economic governance (cluster 5) also gathered a number of contributions, focused both on the need of strengthening the private sector but also on the environmental protection issue, in connection with management of natural resources. Quality of partnership (cluster 9) obtained important contributions under its Non-State Actors strand/topic. Social governance (cluster 7) gathered lesser attention from contributing Actors and the EC delegations. In fact the strictly governance (instrumental) issues that concern the so-called Social Sectors can be better understood (and dealt with) if examined in the light of Government effectiveness (cluster 4). On the other hand: • • the core social issues (Education, Health, Employment) are, traditionally, the object of substantial support from a variety of sources, including EC bilateral cooperation and a multitude of other Donors; those issues usually also demand a national/local type of approach hardly compatible with a multi-Country cooperation Initiative under which more standardized solutions have to be devised and applied. The Internal and external security (cluster 6) and the International and regional context (cluster 8) deserved none or limited attention from the contributing Actors selected for interviewing. In fact only the Migration topic was raised, in the sense of needs and priorities put forward and in the perspective of cluster 2 (Rule of law) mainly. As for the nature of eligible cooperative actions to be undertaken the Experts decided not to exclude any possibility, that is: all suggestions would be accepted as long as the two basic framework guidelines were respected, these being: • • ideas indisputably fitting within the scope of one (or more) of the 17 secondary Topics and 9 main Clusters in the Governance grid; ideas fitted for implementation at group level, (that is the 6-Countries, altogether), with the consequent exclusion of those visibly responding to needs and priorities of one single Country only As as preliminary assessment, typical modalities of Action for a multi-Country cooperation would be the following: • • • • • Training (joint or common courses) Interchanges (visits) and exchange of materials Networking (including digital era facilities) Design & experimentation of methodologies or tools for use in common Edition of Publications, A/V materials or software for use in common Other acceptable options would also be, with proper justification: • • Technical assistance for the direct benefit of a certain Country (provided by Experts to the Countries), as long as concerning an issue of common interest; Supply to the Countries of certain equipment, materials, consumables or services, as long as on an equitable basis (even if needs would differ from Country to Country) Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 64 The performance of the field mission confirmed this preliminary assessment as all types of action listed above were identified (and duly justified in most cases) in the suggestions/requests collected by the Experts. Ideas discarded on grounds of coherence of criteria or material impossibility concerned namely: hiring of extra personnel, acquisition of vehicles, construction or expansion of buildings. Suggestions formulated in general terms and vague concepts were not considered for convergence analysis. Cooperation among the six Countries was devised as being based on estimated affinities on needs and priorities, these having been theoretically conveyed to the Experts, to a large extent, through the suggestions and requests collected during (or immediately after) the meetings held with the local Contributors, during the field mission. The EC, the NAO Offices and other Entities also contributed to the determination by the Experts of the prospective areas of cooperation and the Projects concerned. A documentary analysis of the 10th EDFrelated Governance Profiles and Governance Commitments concerning the six Countries provided a third source of indicative information for the purpose of establishing the results of this study. The Experts waited for any direct and fresh inputs from East Timor until the very start of report writing but those were not available in spite of reiterated requests. Needs and priorities pertaining this Country were thus exclusively assessed and listed out of desk work and the Experts’ best interpretation based on the more recent materials available. Projects to be performed within the scope of the new Cooperation Initiative should concern common solutions for common problems. In practical terms a Joint or Common Activities should be devised, in accordance with the following understanding: • • A Joint Activity will be simultaneously performed with the (synchronic) participation of all Countries (eg: one training course, based in one Country, with the participation of Trainees from all Countries; one seminar for the exchange of Good Practices, gathering Participants from all Countries; one survey to be conducted by means of one inter-Countries mixed team of Experts); A Common Activity will concern all the Countries but may be developed on each Country separately, under asynchrony as a rule (eg: the same training course conducted on each of the Countries with local Trainees only; Technical assistance, on a subject of common interest, delivered in each Country, in accordance also with any local particularities or needs; one common-interest publication edited with one core text but also with Country-related variations). It should be noted, at this stage, that the issue of the compulsory (or not) participation of all Countries in all Activities (or its elementary Actions) will have probably to be debated in due time by all those concerned. Notwithstanding and learning from experience it does not seem that one single and rigid rule should always apply on this matter, as long as the principles of shared and equitable benefits and of inter-Countries solidarity will apply to the overall Initiative and to each one of its Projects. The second batch of questions raised above will now be addressed by means of a summary description of the tools used by the Experts for the purposes of data collection and data processing. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 65 A preliminary remark must be made regarding the methodology used concerning the approach to local Contributors in the field mission stage. On account, among other aspects, of time-constraints the selection of the local Entities or Services where an interview by the Experts would take place was performed on an entirely de-centralized basis (although the Experts have provided an indicative master-list of potential targets), that is: in each Country the identification of those Organisations and the setting-up of the schedule for the meetings was performed by the EC Delegation, the NAO Office or both. As a predictable consequence there was a considerable variety of Contributors among all five Countries visited. Regarded from its positive side such a fact has allowed for a wide perspective of interests and views throughout the overall PALOP current reality; seen from another angle however the absence of a total matching among the selected Contributors did not facilitate the quest for convergence on needs and priorities in order that an indisputable set of areas of cooperation could be built. Experts designed four tools aimed at collecting raw information: two concerning already existing data (T1 and T2) and the other two regarding the new inputs resulting from interviews to be held during the field mission stage (T3 and T4). T1 and T2 were used to record information seized from: EU/Countries cooperation items targeted within the scope of the 9th EDF; Weaknesses listed in the Governance Profiles prepared by the EC; key-items (positive action) laid in the Governance Commitments prepared and signed by the Governments of the six Countries. T1 provided an overall reading, assembling the 3 sources of information; Government Commitments were recorded at cluster level only. T2 provided a more detailed focus on the newest and strongest inputs available: the Governance Commitments, detailed now by item. The analysis of the recorded entries, by the combination of the T1 and T2 tools, allowed for the determination of certain areas of convergence and their hierarchical organisation as well (see section 5.2). T3 was employed to record (after a preliminary exclusion of any non-eligible items) the suggestions and requests collected in one given Country, in the interviews held with all Contributors met by the Experts; those were synthesised into short sentences, in order to render possible the insertion in the table and listed by order of succession. T4 was applied in the subsequent performance of Primary inter-Countries convergence assessment. This was achieved by comparing each entry with similar statements from other Contributors, after all items from all Countries were aggregated (by default according to clusters & topics numerical order). As reported above the ideas submitted by the Contributors to the Experts (T3 and T4 tools) went through a first line of processing, consisting of rejection of all those non-eligible. The eligibility judgement concerned chiefly the common interest criterion, that is: eligible ideas should be able to be translated into Joint or Common prospective Actions/Activities/Projects. From this baseline onwards the Convergence criteria applied to T4 tool, with a minimum of 2 scores (mention by Actors in 2 different Countries) and a theoretical maximum of 6 scores (recorded in all 6 Countries; in practical terms 5 of these only as information issued from Timor Leste was almost non-existent). Higher Convergence is mentioned when at least 3 Countries coincide on a specific suggestion/request (or on a very similar one). Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 66 The results obtained out of the T4 tool are discussed below (section 5.2. of this report). Secondary (inter-Countries) convergence assessment is furthermore discussed in the same section, through the analytical combination of those with data processed out of the T1 and T2 tools. Experts are aware of the fact that the Convergence technique has a limited potential in the context of this study and that a considerable degree of subjectivity was also impossible to remove in this case. However no other technique with a higher degree of rigor and transparency could be identified or devised. Besides the strict Convergence Analysis other important aspects were taken into account in the process of determining the areas of cooperation specified in the ToR for this study (and the Projects concerned), these being: • • Lessons learned from the past, especially from the RIP PALOP (see 5.3.1.) Other relevant contributions suggesting innovative approaches or the generation of additional synergies (see 5.3.2.). 5.2 Assessed convergences (PALOP and East Timor) As explained above the quest for convergence among Good Governance-related needs and priorities of the 6 targeted Countries was performed under a combined 2-levels procedure: a) Primary: Based on recent (August/September, 2007) suggestions and requests recorded by the Experts at interviews (PALOP) or obtained from documentary sources (EastTimor) b) Secondary: Resulting from the combination of the assessment mentioned immediately above with the one concerned with the desk study stage of this assignment (August, 2007). Documentation examined at that moment regarded, although for the PALOP group only: the 9th EDF cooperation domains; the 10th EDF: Good Governance reports (weaknesses assessed); CSP-Country Strategic Papers ; Governance Commitments. In all circumstances the basic frame for data organisation and display is the 9-Clusters grid (see the original template in Annex D, used in the overall programming of the 10th EDF for addressing the Good Governance issue within the scope of the political dialogue EU/ACP. For practical purposes (instant reading; cross referencing) a simple and intuitive code was used and can be found in the table immediately below. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 67 EC cooperation with PALOP & Timor Leste * Governance-10th EDF* Areas of cooperation and Projects Identification study Clusters and Key-issues codification for cross-reference purposes Governance Cluster (10th EDF) 1.Political&Democratic Governance 2.Political Governance-rule of law 3.Control of corruption 4.Government effectiveness 5.Economic Governance 6.Internal and external security 7.Social Governance 8.International and regional context 9.Quality of partnership Key issues on Governance Profile Asssessment Grid CODE 1.1. 1.2 1.3 1.4 2.0 3.0 4.1. 4.2. 5.1. 5.2. 6.1. 6.2. 7.0. 8.1. 8.2. 8.3. 9.1. 9.2. 9.3. Human rights Fundamental freedoms Electoral process Principles of constitutional democracy Judicial and law enforcement system NA Institutional capacity Public finance management Private sector/market friendly policies Management of natural resources Internal stability/conflict prevention External threats and global security NA Regional integration Involvement in regional peer review mechanisms (APRM) Migration Political dialogue Programming dialogue Non-State Actors Primary-level convergence analysis was performed in accordance with the following methodological details: • • • • • • Country by Country records can be examined in Sections 4.1.1. to 4.1.6. above, by directly reading from the Tables concerned: T3-Angola, T3-Cape Verde, T3-Guinea Bissau, T3-Mozambique, T3-São Tomé e Príncipe and T3- East Timor Tables T3 for each PALOP record sentences as close as reasonably possible to the original statements delivered at interviews; These contributions were listed in accordance with the chronological sequence of the meetings held in each Country; every contribution is systematically assigned to one or more key-issues of the Clusters grid Contributions considered by the Experts as not eligible for the purposes of this study were not recorded in the T3 tables (eg: subject not strongly related to Good Governance; subject concerning a typical local circumstance, unlikely thus to become the object of a common or joint approach by the 6 Countries) Data pertaining to East Timor was seized from documentation made available to the Experts during the briefing & desk study phase; The items concerned were also displayed in one T3 table An all-countries combined record of all eligible contributions, organised by sequence of Clusters (and its Key-issues when applicable), is displayed in Table T4 which can be found in Annex H hereinafter Similar or mutually complementary contributions were merged into one new sentence when recording on the T4 table; additional exclusions at this stage regarded mainly generic formulas (eg: modernizing Public Administration); A total of 248 original entries (T3) could thus be converted into a new total of 115 items (T4) Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 68 • • Each individual contribution in the T4 table is always referred to one main key-issue (dark square mark); additional references to other clusters or key-issues were also recorded when applicable (grey square mark) All conclusions on convergence and the extracted relevance concerned were drawn out of the T4 tool (T3 tables are intermediary tools in this process); nevertheless the following table elucidates the distribution by Country of the originally seized contributions. 93 1 ANG RCV RGB MOZ STP RTL Total Contributors 52 64 39 57 51 23 Total Items 9.2. 9.1. 8.3. COUNTRY 6 2 2 1 2 3 40 12 56 16 34 14 48 20 47 17 23 NA 2 5 2 5 16 286 248 Key issue level compilation 23 9 248 Cluster-level compilation 2 4 Total References 24 2 9.3. 9 34 17 33 47 8 48 3 19 7 10 1 5 8.2. 7.0 2 4 7 7 2 3 8.1. 6.2. 6.1. 5.1. 4.2. 4.1. 3.0. 2.0. 1.4. 1 3 1 11 1 2 3 6 1 3 4 4 5 1 6 12 1 1 9 7 19 3 11 1 4 9 8 4 8 2 5 6 3 7 1 3 9 5.2. 5 5 2 12 5 1 7 5 1 1.3. 1.2. 1.1. Governance key-issues within clusters used in 10th EDF 51 26 10 24 4 47 8 4 5 6 8 2 3 7 Governance cluster in use in the 10th EDF 286 The following findings and conclusions may be extracted from the available information (Annex H): I. A total of 115 contributions (that is: prospective themes for future multi-Country cooperative action) were retained by the Experts; those were the object of a total of 172 independent mentions (references), all the 6 Countries considered; the overall convergence rate is therefore 1,5; II. The following table summarises the following numerical expression of convergence extractable from T4 Governance key-issues within clusters used in 10th EDF 1.1. 1.2. 1.3. 1.4. 2.0. 3.0. 4.1 4.2. 5.1. 5.2. 6.1. 6.2. 7.0. 8.1. 8.2. 8.3. 9.1. 9.2. 9.3. 8 24 15 23 33 4 23 0 70 1 6 5 5 0 13 0 0 0 23 11 5 0 33 4 13 4 5 6 8 2 3 7 Governance cluster in use in the 10th EDF Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 2 2 9 172 13 9 172 69 III. Interpreting the table immediately above allows for the following conclusions: Political and democratic governance is the major concern under a single cluster perspective (41% of total references). Associating clusters 1 and 2 (that is the whole Political governance universe) will increase the level of concern to 61% of the total recorded references (cluster 8 obtained no references). Associating the 2nd highest ranking cluster (Rule of law, weighting in itself 20%) with the particular aspect of Corruption (cluster 3) will lead to 22% of total incidences. Governance effectiveness (cluster 4) accounts for 14% of total references. All other clusters obtain a relative incidence in the total of recorded items below the 2-digit mark. IV. Another look at the T4 tool allows for some further conclusions on the subject of assessed inter-Countries convergences, as reflected in the next table 70 2 30 1 9 2 1 1 5 5 2 1 4 3 1 4 11 4 16 8 7 2 1 1 1 2 2 3 1 2 * * 11 1 1 1 5 1 Intensity of convergence 9.1. * 9.3. 8.3. * 9.2. 8.2. 7.0 * 8.1. * 6.2. 6.1. 5.2. 5.1. 4.2. 4.1. 3.0. 2.0. 1.4. 1.3. 1.2. 1.1. Governance key-issues within clusters used in 10th EDF 0 1 2 3 4 5 6 NO MENTION 1 Country only 2 Countries 3 Countries 4 Countries 5 Countries 6 Countries Nr of contributions recorded (all 6 Countries) V. Immediate interpretation of figures displayed immediately above leads to the following conclusions: • • • • • Out of a total of 115 contributing items 70 reflect no convergence A first level of convergence exists regarding 30 of the 115 items examined A considerable level of convergence applies to 9 all of the items listed A high level of convergence regards 2 of all items displayed A very high level of convergence concerns 1 item of all those recorded Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 70 VI. Further examination of the same table also allows for the following understanding: • • • Strongest convergence pertains to cluster 2 High and Considerable levels of convergence concern clusters 1, 4, 6, 9 Cluster 5 and 7 deserve some degree of convergence also VII. Experts believe that a somehow different distribution of the domains of convergence might result if all the Contributors were invited to re-formulate their suggestions and requests, in light of the overall results that are now available; under such circumstances a higher degree of convergence would probably be obtained with regard to the prospective areas of cooperation The secondary-level convergence analysis suggested by the Experts will allow for combining the conclusions listed above with additional information seized from the T1 and T2 tables displayed in Annexes F and G in this report. Table T1 (Annex F) provides an overall picture of converging perspectives among the PALOP concerning both historical information (9th EDF) and recent analysis and intentions that regard the coming 10th EDF. Analysis is provided at aggregate cluster-level only but provides a combined inter-Country overview and the possibility of examining, side by side, findings pertaining to 4 different sources: 9th EDF domains of cooperation and 10th EDF background (CSP stated policies; Governance Profile assessment of weaknesses; Governance Commitments agreed). A summary analysis of convergence allows for the following comments: • • • CSP contributions were not conclusive, at least at the desk-study stage The 9th EDF sole area of convergence concerns key-issue 5.1. Assessed weaknesses in Governance Profiles recommends cooperative action focused on clusters 2 and 4 Commitments agreed regard clusters 2 and 3 and also the key-issue 5.2 Overall convergence pertains to both clusters 2 and 4 • • The criteria used for determination of positive convergence were: • • • • For the 9th EDF: at least 4 Countries For the Governance Profile assessed weaknesses: all 6 Countries For the Governance Commitments: all 5 Countries with available data For the aggregation criterion: met by at least 2 of the 3 lower criteria The T2 tool (Annex G) provides a more detailed view of the 10th EDF background, through the assessment of itemized commitments duly referred to Clusters key-issues (PALOP only as no equivalent information was available for East Timor). Higher convergence (criterion: at least 4 Countries) can be found with relation to the following domains of Good Governance: • • • • Electoral process (key-issue 1.3.) Control of corruption (cluster 3.) Public finance management (key-issue 4.2.) Political dialogue (key-issue 9.1) Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 71 The additional contributions brought to convergence analysis through the information recorded in the T1 and T2 tools provide the basis for the following conclusions: 1. Cluster 2 and 4 are strongly confirmed as being in the core of the needs and priorities that may be addressed by the new initiative; 2. Clusters 1, 3 and 9 emerge as areas that should also be considered 3. Cluster 5 would have also shown as convergent, under a less demanding combination of criteria. 5.3 Complementary perspectives 5.3.1 Lessons learned and continuity (RIP PALOP) The RIP PALOP instrument, that has supported the development cooperation between the EU and the PALOP group of ACP Countries for many years (7th to 9th EDF), provided a diversified field for experimentation on multi-Country cooperation. A number of important successes and also a few set-backs were recorded during the preparation, implementation and evaluation stages of the 1st and 2nd editions of that regional programme, which was structured as a set of Projects, of a sectoral or thematic scope. Projects aimed to respond to previously assessed common needs and priorities of the PALOP taking advantage of the synergies generated by the institutional, cultural and linguistic mutual affinities. More recent experience concerns the RIP PALOP II, which convention was signed in 1997 and concerns the following projects (besides 4 instrumental facilities): a) concluded - Statistics 1 (2003-2007) - Justice 1 (2003-2006) b) ongoing - Public Administration (2003-2008) - Justice 2 (2006-2008) c) about to start (estimated period: 2008-2009) - Statistics 2 - Health - Employment and Training - Culture By the time this report is being prepared any inputs under the label of lessons learned can only be extracted from the projects listed under a) and b) above. For methodological reasons those will be listed under two separate titles, as displayed below: Strengths - good practices; and Weaknesses - mistakes or shortcomings. Assessment of the topics concerned was directly performed by the Experts thus reflecting their own opinion only. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 72 A-Strengths (positive inputs; good practices to explore) − Joint actions, where face-to-face interaction existed among persons from different nationalities; this was the case of training courses, workshops/seminars and mixed taskforces; Participants reported that there was a lot to be learned by comparing experiences and enlarging perspectives; − Informal networking and spontaneous bilateral cooperation beyond the boundaries of the RIP PALOP or as a (non planned) consequence of the Project (eg: South-South bilateral agreements for technical assistance); − Use of certain innovative methodologies or tools, including: • • • • • • Video-conference for intensive training Blended-learning (traditional + eLearning) Web-site as a virtual library Web-site as a communication media Edition of selected training manuals under book-format Tandem teaching and mixed (inter-Countries) teams of Trainers − Solid Project/Programme back-up through rear technical assistance, on a permanent basis; − Solid Project anchoring in each Country by means of a permanent/semi-permanent structure of duly selected Focal Points; − Discipline and standardization in the technical and administrative back-up of Project preparation, performance and report (eg: training dossiers; systematic files; templates); − The positive achievements resulting from the previous overall RIP PALOP coordination experience, namely the temporary instrumental projects that were set-up for the purpose of launching the RIP PALOP II − Direct involvement of higher levels of decision in each Country in the coordination processes (Steering Committees; selection of Participants in joint actions); − Transparency and public disclosure of outputs and results of the Projects (eg: use of web; media-friendly attitude); − Additional funding (beyond EDF allocations) from EU countries whenever a special interest may exist. B-Weaknesses (negative inputs; mistakes/shortcomings to avoid) − Excessive time elapsed between Project identification and Project start-up; − Projects exclusively targeted to State Actors, with exclusion of civil society and private sector; Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 73 − Insufficient visibility of the Programme and of each of the Projects, at Country level; − Problems with the selection and mobilization of Participants for joint actions (delays; bad profiles; misinformation; absence at short or no notice); − Travelling and logistical pitfalls regarding joint actions (high costs; inadequate travelling schedules; ill-equipped facilities); − Insufficient or sub-optimal exploitation of innovative methodologies and tools (preference for more traditional approaches); − Insufficient attention devoted to cross-cutting issues; − Practical difficulties in achieving inter-Projects synergies both at overall PALOP level and inter-Donors coordination at Country level; − Lack of flexibility on programming and budgeting models adopted with regard to the evolution of needs and priorities during the period of performance; − Coordination and management recurrent problems and shortcomings (with impact on effectiveness, efficiency and sustainability): • • • Financial flows (delays) Appointment/hiring of staff (discontinuities) Procedures (long chains; low dynamics; heavy burdens) Some of the ongoing RIP PALOP II Projects are bearers of a high potential for multiplication of outcomes and results (eg: replication of training courses; diffusion of new methodologies or techniques), which is an interesting feature under the perspective of ownership. This is certainly the case of the Public Administration Project and, to some extent too, the Justice Projects, as these have provided, among other achievements: • • Training and certification of PALOP Trainers in certain key-areas; Support to the establishment or strengthening of Training Centres The Public Administration Project developed pilot training courses in 21 different areas. Local Trainers were certified and training manuals were prepared for each one of those areas. However the first round of in-Country replication could not take place so far concerning 15 pilot-courses on account of time and budget constraints. Should it became impossible to replicate those actions within the scope of RIP PALOP II continuity could be secured in all those courses directly concerning Good Governance, namely the following: • • • • • Municipal management Law making Evaluation, planning and management of the territory De-bureaucratisation and administrative procedures Public budgeting techniques Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 74 The Justice projects trained local Trainers and also provided training manuals for the following professions: Magistrates, Court Officers, Notaries and Registry Officers, Prison Wardens, Prison Security Officers, Prison Social Officers. No in-Country replication was however planned or took place to the best knowledge of the Experts. In the meantime new important areas of concern have emerged, where the training of Trainers may also be relevant, this being the case in the Criminal Investigation professions. Some provision for continuity could probably be appropriate under this subject. The Justice Projects supplied video-conference equipment to Judiciary Training Centres in Angola, Cape Verde, Guinea-Bissau and São Tomé e Príncipe (Mozambique already had one). Those facilities are not likely to be used, to their full capacity, by the Judiciary personnel alone. Mediating Inter-Services/Inter-Sectors cooperation at Country-level could probably be a specific concern of the new Initiative, as far as the active promotion of innovative/low-cost training solutions is concerned. One of the components of the Justice Projects was organising and putting into operation via internet a database of the PALOP legislation and jurisprudence. An international restricted call for offers aimed at the provision of the technical services concerned (database over the existing LEGIS-PALOP web-site) is in progress at time of report-writing. The winning Bidder is expected to deliver the main outcome by or before June 2009. Post-project maintenance (data updating) and other management options are to be suggested by the services provider but the sustainability of the whole operation is not guaranteed at this stage. Supporting the continuity of this important instrument could also be the object of a specific provision within the scope of the new Initiative. The Statistics 1 Project has allowed for important advances in methodological and instrumental aspects of statistical data collection and analytical support, under a common PALOP approach, namely via the adoption of ICT tools. However time and budgetary restrictions did not allow for the entire deployment of certain lines of work of the utmost importance in view to the modernization of those Countries’ statistical backbones. Neither is there a full guarantee that all these aspects may be the object of further or conclusive attention through the performance of the Satistics 2 Project (which remains to be approved at this time). Continuity of past efforts is therefore advisable in such areas as: nomenclature standardisation; conjuncture indicators; social indicators; environment indicators). Besides all the aspects mentioned immediately above, consideration should also be taken of the consensual agreement already existing between the EC and the NAOs which regards the ex-Macroeconomic Institute. That pre-engagement concerns the transference, from the framework of RIP PALOP II to the new Initiative, of a financial provision intended to partially support the establishment and operation of the (now called) IFGEF-Training Institute for Financial and Economic Management, which is to be based in Angola. Other Donors will also be involved in this basket funding operation, for which purpose a convention will reportedly be signed in the very near future between all the 5 PALOP (East Timor is not a founding member however and this question should probably need to be examined in the future). The issue of continuity (that is: contributing to the overall sustainability of RIP PALOP II and maximizing any possible synergies between that programme and the new Initiative) cannot Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 75 however be entirely dealt with at this stage, on account of the fact that 4 projects are still due to start: Statistics 2, Health, Employment and Training and Culture. In due time all relevant contributions concerning the (intermediary and final) results of these will consequently have to be assessed and duly reflected in the preparation and implementation works of the PALOP&TL Cooperation Initiative. That particular responsibility, along with the need for further advancing of programming regarding the Projects and the TCF suggested in this report, directly links to the subject of the ongoing process of contracting long-term technical assistance services regarding the RIP PALOP II coordination and programme-level management. In fact the ToR concerned specify a specific contribution for the smooth inter-programmes transition within the wider scope of advice and support to the RAO. 5.3.2 Innovative aspects and additional synergies The PALOP&TL Cooperation Initiative represents, as currently understood, an innovative approach to a multi-country partnership operation embracing the area of (Good) Governance. In fact: (i) (ii) it encompasses a balanced blend of knowledge acquired from direct recent experience with an extensive and open process of consultation among the relevant Actors; it has further allowed for examining a number of potential third parties contributions (transferable good practices or co-ordinated actions) which may provide interesting opportunities for innovation and further synergy generation. With the aim of achieving better results and impacts under the combined perspectives of relevance, efficiency, sustainability and ownership a number of possibilities may be explored by conveying to the new Initiative, from reliable Organisations or in association with these, models, inputs or operational capabilities as explained below. Some of the domains identified for this purpose are: electoral process, inter-Donors coordination, development of municipal administration, private sector development and also the overall PALOP& East Timor networking. A-The entire Electoral cycle process grasps this innovative aspect that can be achieved through a series of actions. The establishment of a network for the lusophone management bodies illustrates one of the features to offer a common framework to optimize the use of current experiences and new ones. It should include support to civil society in electoral areas, support to an independent media for entire elections process coverage, support network for parliaments, provide technical assistance to all parties and promote institutional development of the EMB. The support to the entire electoral cycle (including legal framework, planning and implementation, training, voter registration, electoral campaign, voting operations/ Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 76 verification of results and post-elections issues) can be supported by developing existing tools (eg ACE- The Electoral Knowledge Network and Knowpolitics –International Knowledge network of Women in Politics) and new ones. The existing tools and networks can be seen as advantageous instruments of transferable know-how on elections related issues, of which some are currently available in French, Spanish, and English but not yet in Portuguese. It can also contribute to a sustainable electoral management for a shared stakeholders’ community and also can contribute to avoiding the cost of support for every time elections are held. After concerted dialogue with Partners the following issues should eventually be addressed: (i) (ii) (iii) (iv) Definition of the collaboration procedures between EC and a possible implementing partner (eg UNDP) and other institutions related to the subject Detailed definition of the methodologies to be adopted under the implementing partner and/or other networks Design of the overall institutional framework for the networks/tools, with special emphasis on the need to harmonize existing approaches, procedures and methodologies; Fine-tuning for an integrated capacity-building. The election related innovative approach should be a concept to encompass integrated policy and capacity building by exchanging the vulnerabilities and specificities of each country and adaptation of bundling tools. B - In line with the Official Development Assistance to Mozambique Database (ODAMOZ) seen as a positive experience for Mozambique, it can be tackled as an innovative aspect under this initiative for the PALOP+TL. The ODAMOZ provides a concept which can be easily transferable to any other developing country and it represents an important cooperation toolset developed to capture information using certain criteria. It has become a central electronic tool for donor coordination and harmonisation as well as a monitoring tool for Aid Effectiveness. The ODAMOZ can be seen as a benefit sharing to a better coordination on aid effectiveness and also a way to avoid overlapping financial allocation resources and duplication of programmes/projects. C - União das Cidades Capitais Luso-Afro-Américo-Asiáticas (UCCLA-Union of Luso-AfroAmerican-Asian Capitals) has been developing cooperation at the local/municipal level. The proposed cooperation is mainly on inter-municipal level and working with groups involving local authorities and civil society. thematic It functions as specialised sub-networks for the identification of common problems, dissemination of good practices in priority areas where good governance plays a central role. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 77 It can be seen as an innovative approach by covering all continents and by having an incidence on the local development and good governance areas. D - Complementary synergies can be encountered in the work developed by the Community of Portuguese speaking countries (CPLP) acting as a multilateral forum being mutual cooperation, one of the areas of intervention in an array of subjects among its members. Some of the overreaching synergies and links found were in thematic areas of cooperation as environment, chambers of commerce, gender issues and civil society. These have been established and experiences of good practices have been exchanged, however synergies in the framework of this initiative should be reinforced by broadening scopes of projects, and increases in efficiency by establishment a formal structure of cooperation among all participative countries. E-The World Bank has promoted an initiative called matching grant which is basically a fund basket attributed through the Cape Verdian Chambers of Commerce and with the approval of the Government towards the micro-small-medium enterprises. It has the objective to support micro, small and medium enterprises to increase the transfer of modern technologies, in particular concerning modern management and production techniques, quality systems and market trainings. The matching grant is a financing instrument that attributes 50% of the total agreed amount for micro-small and medium size enterprise operating only in the local market. The matching grant can be a complementary synergy which congregates the 6 Countries as a financing instrument for an efficient and rational use of funds that responds to the needs of the private sector (micro-small-medium size enterprises). 5.4 Assumptions, constraints and risks Main assumptions at current programming stage can be listed as: • • • No major changes will occur concerning the framework of cooperation between the EU and the group of six Countries concerned by the new Initiative or among those Countries themselves A final agreement concerning the structure of the contents of the overall Initiative (including the precise determination of the Projects and of its basic components) will be reached in due time considering the 10th EDF implementation schedule and the applying regulations Coordination and management principles, mechanisms and basic tools applying to the new Initiative will be agreed among all parties involved within a timeframe compatible with the completion of its final programming and its timely implementation. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 78 • • • • • Implementation of all projects and related actions within the scope of the new Initiative may and will be implemented with a reasonable degree of simultaneity so that relevant inter-project synergies may be obtained Adequate linkage between the RIP PALOP II and this Initiative will be secured, namely by means of a timely availability of reports and of any relevant material outputs of the former, namely those concerning ongoing and new projects 10th EDF financial resources allocated to the Initiative will be available, for all practical purposes, by or before the start-up of implementation Should that be the case, coordination with co-Donors and any other Agencies that may become associate Partners in the overall implementation process, will take place under a transparent, cooperative and smooth pattern of operation All Projects will be implemented within a reasonable delay with regard to current identification stage, in order to avoid major mismatching between established objectives and actual needs and priorities (as opposed to those initially targeted) Assessed risks concern mainly, besides any force majeure circumstances, the non observance of one or more of the Assumptions listed above. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 79 6 Proposal of Contents (Areas of Cooperation/Prohects) 6.1 Criteria for selection and organisation The determination of the prospective areas of cooperation on which the content of the new Initiative is to be built should be based, from a technical point of view, on the combination of different contributions: • • • The convergence analysis provided within the scope of this study of which the results are presented in Section 5.2. The lessons learned from past experiences of cooperation between EU and the ACP countries, especially (see Section 5.3.1.): - Complementarity and continuity regarding the RIP PALOP II - Cross-cutting issues on EU development cooperation The assessment of value-added innovative and synergetic approaches, inspired by good practices or potential opportunities originated in other development cooperation Players (see Section 5.3.2.) Experts worked on an overall proposal aimed at combining all the previous guidelines and criteria, under what they believe to be a balanced perspective. A different understanding, namely of a political nature, of structural and conjuncture factors may however provide different solutions for the same reality. On the other hand the societal and economic dynamics, in all the Countries concerned by the new Initiative, will require that the Experts’ suggestions (and the background data) will be validated if the implementation of the Project will take place beyond a reasonable delay. Areas of cooperation should indeed concern the following clusters: 1, 2, 3, 4, 5, 6 and 9 of the 9 brackets Governance grid. Partial overlapping of clusters 1&2 and 2&3 are inevitable; cluster 4 encompasses also a number of important subjects that were referred to by the Experts to clusters 2, 5 and 6, among others. Certain subjects emerging during the field mission or the desk study although not supported by strong convergence indicators were nevertheless retained for inclusion within the elected areas of cooperation. Judgement on this matter was based on the notion of its outstanding relevance on account of contextual reasons in association to the fact that the interviews held did not concern the same Entities in all Countries. The main areas of cooperation selected by the Experts were the following: ¾ Consolidation of democracy and rule of law in a wide sense, including: the electoral process, the judiciary systems, the law enforcement systems, the control of Governments by independent bodies and the fight against organised crime and corruption Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 80 ¾ Effectiveness and efficiency of State Administration, at central and local levels, which will include: the decentralisation and de-concentration efforts, Citizen-friendly facilities, Citizens’ participation, and also improving the response of Administration in certain areas of poor quality of service to the Citizen or the Enterprise ¾ Development of private sector and of a business-friendly environment, comprising: promotion and support of competitive business, stimuli to the creation of micro and small scale enterprises, support of reliable Business representation bodies, development of the economy regulatory capability of the States ¾ Quality and sustainability of cooperation-aimed partnerships, in a wide sense of the concept, which will encompass: supporting the role of civil society and the plurality of Actors and voices, fostering the observance of the EU/ACP agreed crosscutting issues, developing the sustainability of partnerships, including ownershipfostering mechanisms ¾ (previous engagement concerning) The ex-Macroeconomic Institute ¾ Instrumental aspects, which will concern: guarantee of continuity with regard to the RIP PALOP II as well as the adjective strands of the new Initiative (coordination, overall management, evaluation and audit). Considering, among other aspects, that the ToR for this study prescribe the identification of a limited number of Projects the Experts recommend that each one of the first 4 areas of cooperation elected will be assigned one multi-components Project. The ex-Macroeconomic Institute would be the object of a financial contribution for the basket fund concerned. The Instrumental aspects listed above would be funded by means of a TCFTechnical Cooperation Facility, as was the case in the RIP PALOP II. During the performance of the study it became clear that no detailed identification of Projects would be materially possible or even reasonable at this stage of affairs. Therefore 4 Project Fiches were indeed prepared as according to the ToR (see Appendix) but they reflect a pre-identification approach, that is: although Objectives, Purposes, Expected Results and a number of other technical items were displayed no Activities, times and costs were included. Section 5.2 below provides a reasonable description of the envisaged Projects and their main Components, these being (in practical terms) the suggested sub-areas of cooperation. 6.2 Projects and their components In accordance with criteria and contextual factors explained above the Cooperation Initiative should provide the financial and overall management umbrella for: - the integral funding of 4 main projects responding to prospective areas of cooperation (high degree of convergence among the targeted Countries) Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 81 - a financial contribution for a basket fund aimed at supporting the start-up and the running costs for the 4 initial years of operation of the IFGEF (former Macroeconomic Institute), initially planned for the RIP PALOP IIa TCF (Technical Cooperation Facility), intended to foster ownership and also to secure full continuity and reinforced synergies with regard to the RIP PALOP experience -an overall financial reserve. Following the prescriptions of the ToR for this study projects are to be submitted through project fiches (model supplied by AIDCO after the first briefing in Brussels). Although it was not feasible to provide at this stage programming details beyond the project-component level, four project fiches can be found as Annex I to this report. Suggested Project Components (see summary presentation below) reflect the plural nature of the cooperation areas identified and also the synergetic inputs yielding from the further contributions assessed. Experts recommend that the following four projects will be retained, each one of them targeting one large domain where consensus on needs and priorities in the six-countries universe seems to be established beyond a reasonable doubt: Pr1-Support to consolidation of Democracy and the Rule of Law • Clusters 1,2, 3 and 6 of the Good Governance 9-brackets grill • Suggested EDF funding: 10M€ or 30% of the overall envelope Pr2-Support to improvement on the quality and proximity of Public Services • Cluster 4 of the Good Governance 9-brackets grill • Suggested EDF funding: 7M€ or 20% of the overall envelope Pr3-Support to reinforcement of economic governance and private sector development • Cluster 5 of the Good Governance 9-brackets grill • Suggested EDF funding: 6M€ or 20% of the overall envelope Pr4- Support to consolidation and sustainability of the cooperation partnerships • Clusters 1, 7, 8 and 9 of the Good Governance 9-brackets grill • Suggested EDF funding: 5M€ or 15% of the overall envelope The suggested allocations of EDF funding to the four projects referred to above is merely indicative and intends to reflect the comparative dimension of those as according to the Experts’ best judgement of pertinence. The EDF contribution for the basket funding pertaining to the IFGEF (ex-Macroeconomic Institute) project would respect the previous financial RIP PALOP II pre-engagement (2M€). Experts further recommend that the TCF will be allocated with 3M€ or 10% of the overall Initiative’s envelope. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 82 As for the Project Components the following summary description was considered the appropriate mention for this stage of programming: I-Overview of Projects/Components Pr1-Support to consolidation of Democracy and the Rule of Law A. Support to the improvement of electoral systems and procedures B. Support to strengthening and the modernisation of the judiciary systems C. Support to the prevention of unlawful acts and to the modernisation of law enforcement systems D. Support to the reinforcement of overseeing and supervision functions of the Parliaments and the Courts of Auditors E. Support to the reinforcement of the fight against corruption and organised crime Pr2-Support to improvement on the quality and proximity of Public Services A. Support to de-concentration and proximity to the Citizen B. Support to consolidation of local elected power and local participation instances C. Support to cooperation and capacity reinforcement for prevention and response to calamities and disasters D. Support to modernisation of the Registry and Notary Offices E. Support to modernization and security reinforcement of civil identification documents Pr3-Support to reinforcement of economic governance and private sector development A. Support to competitive market operation and to the creation of micro-enterprises B. Support to capacity-building of the Chambers of Commerce and the Business/Employers Unions, with an impact on services rendered to Members C. Support to modernisation of economies and to the regulatory function of the States. Pr4- Support to consolidation and sustainability of the cooperation partnerships A. Support to NGOs aimed at democratic dialogue and communitarian service B. Support to strengthening of independent and plural media C. Mainstreaming of cross-cutting issues pertaining to development cooperation (Gender, Environmental protection) D. Evaluation and development of the quality of partnerships (including the APRM and the MDGs). II-Further explanation of contents (suggested items) Pr1*Comp A-Support to the improvement to the of electoral systems and procedures Translation into Portuguese of electoral support materials, including the UNDP packages; technical assistance and training for the implementation of innovative electoral procedures and tools; support of interchange of electoral staff and to permanent networking of independent Electoral Committees; exchange or sharing of electoral materials; design of common-use civic education programmes. Pr1*Comp B-Support to strengthening and the modernisation of the judiciary systems Initial training for Magistrates (under new pattern) at existing Judiciary Schools; Continuing/life-long training for Judiciary personnel, on specialized/emerging areas (preferably by means of video-conferences and e-learning programmes); Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 83 Refreshment/updating for Judiciary personnel (on the job training); support to installation and start-up of new Judiciary Training Centers and to functional networking of these ; Supply of juridical libraries (classic and digital) to the General Prosecutor’s Offices, the Judiciary Training Centers and the Higher Judicial Courts; support of digital networking and technical interchanges among General Prosecutor’s Offices; support to start-up and operation of the legislation & jurisprudence databases delivered by the RIP PALOP II project; Technical assistance to further advances in the modernisation of Legal Codes; Technical assistance for the modernisation of the Penitentiary systems. Pr1*Comp C-Support to the prevention of unlawful acts and to the modernisation of law enforcement systems Initial and continuing/life-long training of senior Police personnel (technical and civic subjects) within a cooperative inter-Countries framework; support to interchange and networking activities among the Police Forces, namely on a thematic basis; Technical assistance to the establishment and start-up of specialized crime prevention and repression Police Units concerned with emerging or acute problem-areas (eg: drugs trafficking, illegal immigration and trafficking of human beings, juvenile delinquency, domestic violence, organized and violent crime, terrorism, economical criminality); supply of light/medium sized equipment within the scope of the Scientific Police (laboratories) and also in connection with technical assistance to the establishment or strengthening of the Special Police Units referred to above; support to the acquisition or reinforcement of digital information and communication systems for use by the Police, within a cooperative inter-Countries framework; Support to retrieving of small arms and light weapons illegally held by civilians. Pr1*Comp D-Support to the reinforcement of overseeing and supervision functions of Parliaments and Courts of Auditors Initial and continuing/life long training of Accountant Experts, Auditors, Specialized Advisors and other senior personnel for the Courts of Auditors; Initial and continuing/life long training of Parliamentary Advisors and Experts providing technical support of elected Members; Interchanges and support to networking of both Parliaments and Courts of Auditors; Supply of thematic libraries (classic and digital) to both Parliaments and Courts of Auditors; Support to the publication and diffusion of awareness-raising materials concerning the role, status and achievements of Parliaments and of the Courts of Auditors; interchanges of a technical nature among Experts (Parliaments and Courts of Auditors, separately); Support to networking among Parliaments and among Courts of Auditors. Pr1*Comp E-Support to reinforcement of fight against corruption and organised crime Training (if required) and technical assistance in the process of setting-up or reinforcing Departments/Units (within the Judiciary or Law-enforcement systems) in charge of fighting corruption; support to technical interchanges and to the exchange of transferable good practices (among General Prosecutor’s Offices, independent AntiCorruption bodies or the Criminal Investigation Police forces) in prevention and combat of corruption; Support to the establishment of an international network of Judiciary and Law-enforcement Agencies aimed at the combat of multi-country organised crime, namely money laundering operations; Technical assistance for the establishment of strengthening of Financial Information Units (under the Judiciary or Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 84 Law-enforcement systems) aimed at preventing or dissuading money laundering and other economic criminality. Pr2*Comp A- Support to de-concentration and proximity to the Citizen Technical assistance to promote, enhance or replicate de-concentration experiments, including setting-up or strengthening regional or sub-regional antennas of central Governments ; Training of Trainers (and of local Experts or Technicians in selected keyareas), in line with needs emerging from de-concentration processes; Interchanges aimed at the exchange of ACP good practices on de-concentration; Technical assistance for setting-up, strengthening/diversifying or expanding networks of one stop shops intended to provide local single interfaces between the Citizen and central Government. Pr2*Comp B- Support to consolidation of local elected power and local participation instances Technical assistance to promote, enhance, accelerate or modernize territorial decentralization (transfer of powers to elected local Administration); technical assistance to set up or reinforce local participative structures; Training of Trainers (and of local Experts or Technicians in selected key-areas) in line with needs emerging from decentralization or Citizens’ participation processes; Interchanges aimed at the exchange of ACP good practices on decentralization and Citizens’ participation. Pr2*Comp C- Support to cooperation and capacity reinforcement for prevention of and response to calamities and disasters Technical assistance and training for setting-up plans and standard procedures to deal with catastrophes and major civil emergencies; Support to enhancing or modernizing the Command and Communications systems concerning Civil Protection and emergency response (including Search & Rescue facilities); Technical assistance for setting-up and testing plans for inter-Countries cooperation and mutual assistance in case of natural or man-made calamities (including staff interchanges and training on common doctrine); Support to publication and distribution of classic training and A/V materials (including translation into Portuguese); Support to public-awareness on Civil Protection subjects and on the promotion of a culture of prevention among the population and special-risk pre-determined targets. Pr2*Comp D- Support to modernisation of the Registry and Notary Offices Technical assistance, thematic interchanges and exchange of transferable good practices concerning de-bureaucratization, rationalization, de-materialization and otherwise modernization of Registry and Notary systems; Technical assistance and training aimed at the full and accelerated implementation in each Country of the new systems devised, including linkage to any existing or planned one-stop-shops for the Citizen or the Enterprise; Contributions to the supply of equipment allowing for the implementation of digital solutions. Pr2*Comp E- Support to modernization and security reinforcement of civil identification documents Technical assistance, thematic interchanges and exchange of transferable good practices concerning the assess by Citizens to legitimate (secure and fraud-proof) basic ID documentation, namely ID cards and passports; Technical assistance and training aimed at Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 85 the full and accelerated implementation in each Country of the new systems devised, including connection to/setting-up databases of civil identification (in accordance with applicable constitutional rights); Supply of any equipment required for enhancing security of ongoing procedures or speeding-up these. Pr3*Comp A- Support to competitive market operation and to the creation of microenterprises Establishment and management through the Chambers of Commerce or Business/Employers Unions of Matching Funds aimed at providing incentives to modernization and enhancement of competitive operation by existing small-scale enterprises in selected sectors; Establishment and management through the Chambers of Commerce or Business/Employers Unions of Matching Funds aimed at providing incentives to the creation and start-up of micro-enterprises anchored on sound business plans; Pr3*Comp B-Support to capacity-building of the Chambers of Commerce and the Business/Employers Unions, with an impact on services rendered to Members Skills reinforcement training and thematic interchanges of Senior Experts/Advisors hired by the Chambers of Commerce or Business/Employers Unions; Technical assistance to these Entities in setting-up or strengthening Technical Units intended to support modernization of the enterprises and the entrepreneurial activity or the provision of value-added services to Members (eg: accounting; quality control; safety at work); Technical assistance and interchanges of staff from the same Entities aimed at the establishment and operation of Incubation Centres or other technical or logistic facilities intended to facilitate the creation and start-up of competitive enterprises; Support to the upgrading or modernization of those Entities’ Information and Documentation Units, including the publication and distribution of Enterprise-related informative materials, under both classic and digital supports. Pr3*Comp C-Support to modernisation of economies and to the regulatory function of the States Technical assistance, advanced training and special-issue interchanges regarding settingup or development of economy regulation independent Agencies with a mono-sector or multi-sectors competence; Technical assistance intended to complement or to accelerate the ongoing modernization of the statistical sub-systems supporting macroeconomic decisions (eg: standardized nomenclature; sectoral or thematic indicators); Studies and technical assistance intended to prepare or accelerate privatization of State-owned Enterprises or State-operated Departments providing services with a potential market value, according to Government strategies for the reinforcement of private sector; Exchange of transferable good practices on the subjects of Economy Regulation and of Privatization. Pr4*Comp A- Support to NGOs aimed at democratic dialogue and communitarian service Technical assistance and training, targeted at federations or platforms of NGOs/NSAs, aimed at the reinforcement of capabilities with an impact on the overall role of Civil Society, including dialogue with Governments; Technical assistance (including temporary hiring of local Experts) and supply of documentation and office equipment with the aim of providing technical and logistical support to member ONGs/NSAs; Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 86 Support to edition and distribution of thematic or periodic publications, with awareness-raising or capacity-reinforcement purposes; International interchanges and seminars aiming to foster networking and exchange of good practices among affinityrelated Organisations Pr4*Comp B- Support to strengthening of independent and plural media Specialized training and thematic interchanges for Journalists and other media professionals; Technical assistance to representative Organisations in the establishment or improvement of Ethic and Good Practice Codes and on certification of professional aptitudes; Support to the establishment of thematic media networks (eg: investigative journalism; photo-journalism); Support to the establishment and operation of a PALOP&TL Observatory of Media; Support to promotion of PALOP&TL coproductions of audio-visual materials addressing civic and good governance subjects; support to the acquisition and management (through bona fide national NGOs) of duplication equipments (and their consumables) with the aim to contribute to the survival of independent and plural press under adverse economic contexts. Pr4*Comp C-Mainstreaming of cross-cutting issues pertaining to development cooperation (Gender, Environmental protection) Training of Trainers, Facilitators, Focal Points and other Diffusion Agents on Gender and on Environment Protection, with the aim of actively promoting mainstreaming of those cross-cutting issues as according to development cooperation principles and standing policies; Support to studies and monographic essays on the same subjects, as well as to the translation into Portuguese of booklets and A/V materials on those themes; Support of edition and distribution of publications resulting from the materials listed immediately above; Support to award-granting (including prize-money) for excellence or outstanding performances on the Gender and Environment Protection, according to duly publicized contests. Pr4*Comp D- Evaluation and development of the quality of partnerships (including the APRM and the MDGs) Technical assistance and training aimed at the sustainable improvement of procedures & tools for monitoring and evaluating quality of partnerships; Support to the preparation (or adaptation) and operation of Donors’ dynamic databases for each Country concerned by the new Initiative; Technical assistance and interchanges aiming to set-up/start-up or strengthen/expand the APRM mechanism in all African Countries concerned by the new Initiative; Technical assistance, interchanges and research aimed at improving the monitoring of progress towards the MDGs. The suggested TCF would comprise the following possible components: a) Technical assistance to start-up and to coordination and management of the Initiative (at least during its first 2-years period) ; b) Diffusion and ownership reinforcement of Good Practices and replication of PilotActions achieved through the RIP PALOP II. Among other features the following actions should be funded: • Diffusion of manuals concerning selected training courses issued from all past Projects Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 87 • Replication of certain pilot-courses performed within the scope of the former Public Administration Project • Continuity to any relevant thematic web-sites, internet fora and newsletters created in past Projects • Updating and access-granting concerning the legislation and jurisprudence databases originated in the former Justice Project • Setting-up and diffusion of a database of PALOP Experts having graduated on the several training courses delivered or otherwise participated in past Projects activities • Setting-up of centrally managed thematic PALOP&TL Experts Pools, with the aim of fostering South-South technical cooperation • Promoting the systematic use of the video-conference equipments supplied to the PALOP within the scope of the Justice Project c) Coodination activities, including attendance of Steering Committees meetings and training of Project Management staff d) Evaluation and Audit contracts. 6.3 Ownership and sustainability Ownership of results (and of the process leading to it) was considered to be one of the most relevant factors for generating long lasting benefits beyond the period of EC direct support (that is: sustainability), with regard to this new multi-country cooperation initiative. Ownership builds sustainability and therefore meeting in the future those inseparable criteria of success were key concerns at this stage of programming (identification of areas of multi-Country cooperation and pre-identification of the projects concerned). All 6 countries contemplated by the new Initiative have been involved in the study concerned in this report, although East Timor to a very limited extent only for circumstantial reasons. During a 5 weeks field mission Experts had the opportunity to meet Representatives of more than 90 Entities (State, non-State, Donors) in all the five PALOP and debating with those persons how better to respond to needs and priorities that may be addressed at multiCountry level. Even when requested to attend the meetings at short notice all local Representatives were cooperative and have disclosed the intention of becoming actively involved in future cooperation activities of the Initiative, for which content many important contributions have been collected from the relevant sources (beneficiary Organisations). In-depth involvement, at this stage, of the NAO Offices and the EC Delegations is a further guarantee that future implementation work will also take place under a very cooperative dialogue and therefore in line with best ownership expectations. Notwithstanding, as achieving ownership and sustainability always implicates a trade-off between quality (what is required) and opportunity (at the right moment) outputs, the next formulation steps should allow that the right balance between multi-Country ownership and project time-conformity be achieved. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 88 The coordination and management framework will have to be carefully devised and put into operation in order to enhance ownership but to also avoid shortcomings and pitfalls (eg: excessive dependence on external Consultants; use of highly constraining administrative and financial models and procedures). Sustainability (long-lasting and self-feeding effects) is also to be achieved through the proper dissemination and acquisition of the multipliable final outputs (eg. replication of training courses; distribution of publications; access to media or internet facilities) and the empowerment that can be extracted from these results. No such goals may be entirely met, however, should visibility not be given the required attention, during and after the performance period. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 89 7 Recommendations Considering the nature of this report and the stage of programming that it concerns, the following Recommendations may help to focus on priority or otherwise urgent action to undertake: 1. That a formal decision will be made, in the near future, with regard to the findings, conclusions, proposals and assumptions integrating this Final Report, and the study it concerns, in the sense of: the confirmation of the factual elements recorded, the validation of the methodology and criteria used and the acceptance of the results 2. That a consensus between EU and ACP Partners may thus be reached, within a short delay, on what concerns the structure and mutual balance of Projects/Components and other strands of the new Initiative, in the sense that further advances on programming may proceed anchored on a clear and comprehensive material framework 3. That efforts will continue (and hopefully may also succeed) in order to obtain additional information concerning the participation of East Timor. 4. That an urgent clarification may be made regarding the adoption of feasible coordination and management mechanisms, in line with the particular nature of the new multiCountry cooperation instrument, having in mind the lessons learned from the RIP PALOP II experience and any existing windows of opportunity for the adoption of innovative solutions 5. That the next steps of programming work (namely the Activity-level detail) will take place taking in due account, among others, the following important aspects: • Clear distinction between the Activities/Actions funded by the new Initiative (on a 6Countries common/joint mode of operation) and any convergent or parallel ones, funded by the NIPs concerned or by other Donors within the same time-frame; • The complementary links that may exist, regarding similarly aimed Activities/Actions, over successive time-frames (considering that no Project-level implementation may probably occur before late 2009/early 2010) • Overall visibility of the Initiative, at all stages of its preparation and implementation, as a pre-requisite for ownership and sustainability 6. That the continuity and other synergy-related aspects of the transition (or positive interaction) between the RIP PALOP II and the new Initiative be taken in due account, in accordance with at least the following aspects: • Those areas or items that directly concern Good Governance (as according to the 9 brackets grill) should be the object of specific attention, specifically by providing immediate linkage with new Actions or by hosting unfinished parts of the RIP PALOP II; Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 90 • • The adhesion of East Timor to the former group of Countries should be carefully prepared as there was no previous formal involvement of this (except at symbolic level) and also because communication and coordination are difficult; Considering that coordination and management models and procedures will be considerably different (between RIP PALOP II and the new Initiative), access to all files and materials pertaining to RIP PALOP II must be secured in due time 7. That bearing in mind especially 5- and also 4- above, the RIP PALOP II RAO and its Technical Assistance may be associated in due time to the further programming developments 8. That any other Players, whose contributions may be considered as having a positive input to the structuring of the new Initiative or its contents determination, may also be associated to the next stages of preparation. 9. That, bearing in mind the special role played by the Portuguese Cooperation as a cofunding source of the RIP PALOP II, the Authorities concerned be invited to inform whether the prospect of a renewed financial contribution is likely to be considered 10. That the new Initiative will adopt the following designation in Portuguese language: Iniciativa de Cooperação PALOP&TL para a Boa Governação (acronym for practical purposes: IC PALOPTL BG). Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 91 8 Comments to the Draft Version A draft version of the Final Report was circulated among the NAO Offices and the EC, with the purpose of gathering comments and suggestions for possible improvements. That document was thus put for discussion (on both en and pt versions) on the meeting held in Brussels on October the 23rd. A corrigendum of the en version was distributed during the meeting along with a note warning about a number of technical gaps in the pt version. The Mozambique and Cape Verde Heads of the NAO Offices expressed the view that the Report had met the demands of the ToR. The EC Representatives and the Head of the Angola NAO Office suggested that the final version of the report should disclose some additional information on the current status of the ex-Macroeconomic Institute. The EC Delegation to Mozambique made some remarks on the methodology and on the conclusions and recommendations of the study and informed that a more comprehensive comment would make the object of a written note. All Participants were invited to submit any possible comments to the Experts within a short delay so that a final version may be ready for presentation on November the 6th, before a Ministers’ meeting that will held in Lisbon. Deadline for submission was set for November the 1st. The PALOP and the EC central Offices did not provide any comments, excepted for the UTA (Angolan NAO Office), about a detail on the text of the report. A Note from the EC Delegation to Mozambique was received by the Experts on the afternoon of November the 2nd. All factual remarks that followed the basic logic and structure of the report could be explained or accommodated for amendment within the calendar constrains. Major alterations suggested, pertaining to the interpretation of the Consultant’s ToR or the selected methodology could however not be handled. A final version of the Report was thus prepared for distribution on November the 6th and it includes as many improvements as the Experts could provide, from their own initiative and also by accommodating all remarks that also concerned factual subjects, namely unwanted omissions and errors that were detected in the draft versions. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 92 9 Afterword This study was performed under a number of constraints, including the need to operate within a tight time-schedule and the fact that no factual information or opinions could be obtained by directly approaching the sources in East Timor, one of the six targeted Countries. Nevertheless the Experts believe that the information collected and processed was reliable, up to date and globally relevant and that it could therefore be used for the purpose of providing a reasonable response to the core issue under scrutiny: determination of areas of cooperation and the projects concerned, within the scope of a new multi-Country Cooperation Initiative under the 10th EDF. The Experts performed their job in accordance with state of the art methodologies and good practices and to the best of their capabilities. They hope that no major (although unwanted) mistakes or omissions may have occurred. All interpretations and judgements of a technical nature remain their sole and indeclinable responsibility as bona fide neutral professionals committed to the observance of strict deontological standards. Near the end of the mission that was assigned to them the Experts wish to thank all Entities, Services and Individuals that contributed to the success of their work. A special word of appreciation goes to the Representatives of the more than 90 Organisations participating in the meetings and interviews held during the field assessment that took place in the five PALOP in August and September 2007, without whose contributions this report would not have been feasible. The Experts’ appreciation goes as well to the key-staff from NAOs Offices and the EC Delegations and Headquarters, who assisted at all steps of the mission including the management of local meetings agenda and furthermore contributed to documentation and good advice. Experts wish and hope that the new Initiative under the 10th EDF may contribute to the purpose of achieving development goals in the six Countries concerned by it in an effective and sustainable manner. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 93 ANNEXES List A-Index of Inception Report B-Schedule of works (as performed) C-List of Entities and their Representatives (field mission) C1-Angola C2-Cape Verde C3-Guinea Bissau C4-Mozambique C5-São Tomé e Príncipe D-Good Governance reference grid E-Introductory note (Portuguese Version Only) F-Convergence analysis: T1 G-Convergence analysis: T2 H-Convergence analysis: T4 I- Project Fiches Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 94 ANNEX A – INDEX OF INCEPTION REPORT STUDY OF IDENTIFICATION Areas of Governance for multi-country PALOP cooperation (in the context of the 10th EDF) Summary of contents: Abbreviations 1. Background 1.1. The issue of (Good) Governance 1.2. EC cooperation with the PALOP and Timor Leste 1.3. The 10th EDF programming 2. Identification study: methodology and expected results 2.1. Scope and rationale 2.2. Activities and workplan 2.3. Key Actors and resources 2.4. Outputs and outcomes 3. Findings and assumptions (to date) 3.1. Sources and inputs 3.2. On the PALOP (+Timor Leste) Governance based Initiative 3.3. On the ACP Partners 3.3.1. Country by Country relevant facts 3.3.2. Common perspectives to highlight 3.4. On CPLP and Brazil 4. Subsequent action 4.1. Framework and schedule 4.2. Assumptions, risks and quality 5. Concluding statements, suggestions and requests 5.1. Overall coherence and feasibility 5.2. The cooperation framework 5.3. Listening to the Partners Closure Note Index of Annexes: A - ToR for the study B - Wokplan/Schedule of Activities (revised) C - Lists of Participants (quick-up briefing; Timor Leste Embassy and CPLP meetings) D - List of main documents (desk study) E - Standard explanatory paragraph (for NIPs) F - Country notes (key findings) G - Matrix for GG conceptual framework H - PALOP Entities/Services to contact (indicative list) I - Field stage programme/schedule Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 95 ANNEX B - SCHEDULE OF WORKS (AS PERFORMED) Date Flight details Activity Sunday 19 August TP 279 Lisbon-Maputo Departure: 23:00 hrs Arrival: Monday 20 August, 10:45 hrs Flight from Portugal to Mozambique Monday 20 (half day) – Monday 27 August Friday 24 August Monday 27 August Saturday 1 September Monday 3 – Friday 7 September Friday 7 September Monday 10 – Friday 14 September Saturday 15 September Monday 17 September Tuesday 18 – Friday 21 September Saturday 25 September Mission 1 TP 285 Maputo – Lisbon Departure: 10:45 hrs Arrival: 20:50 TP 276 Maputo – Lisbon Departure: 19:40 hrs Arrival: Tuesday 28 August, 05:45 hrs TP 225 Lisbon – St Tome Departure: 00:40 hrs Arrival: 05.40 hrs DT 501 TAAG Departure: 16:00 hrs Arrival: 18:50 hrs TP 252 TAP Departure: 09:15 hrs Arrival: 16:54 hrs TP 6007 Departure: 14:20 hrs Arrival: 16:40 hrs Cabo Verde Airlines VR 8002 Departure: 14:20 hrs Arrival: 18:55 hrs Monday 24 – Thursday 2 September Friday 28 September TP 204 Departure: 14:35 hrs Arrival: 19:40 hrs Location # of working days Mozambique 5,5 (TL) 4,5 (KE2) S. Tomé e Principe 4 (TL) 4 (KE2) Mission 3 Angola 5 (TL) 5 (KE2) Flight from Angola to Portugal Flight from Portugal to Cape Vert Mission 4 Cape Vert 4 (TL) 4 (KE2) Guinea Bissau 4 (TL) 4 (KE2) Flight from Mozambique to Portugal (KE2) Flight from Mozambique to Portugal (TL) Flight from Portugal to S. Tomé e Principe Mission 2 Flight from St. Tome to Angola Flight from Cape Vert to Guinea Bissau Mission 5 Flight from Guinea Bissau to Portugal Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 96 ANNEX C – LIS OF ENTITIES AND THEIR REPRESENTATIVES (FIELD MISSION) Annex C1 - Angola Study for identification of areas of governance for multicountry PALOP cooperation in the context of the 10th EDF Field Mission stage Date September, 10 Entity/Unit MP-Ministry of Planning MJ-Ministry of Justice DEC-Delegation of EC to Angola MS-Ministry of Health September, 11 TC-Auditors Court PGR-General Prosecutor's Office September, 12 MEETINGS held with Experts MF-Ministry of Finance ME-Ministry of Education Name HE Carlos-Alberto LOPES Pedro KIALA Carlos ELOY Francisco LUMEKA Josias RODRIGUES Carlos ELOY François THIOLIER Paula-Cristina FERNANDES Augusto ROSA-NETO Daniel ANTÓNIO António COSTA Carlos ELOY Gilberto MAGALHÃES Eva ALMEIDA Antónia LUQUESSA Carlos ELOY António FELISMINO João CUNHA-CAETANO Carlos ELOY Rosa BAPTISTA Joana MATEUS Carlos ELOY Maria-Imaculada CURADO Cornélio MANCUNDO Carlos ELOY Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report Participants Lists - ANGOLA Post, Category or Title Vice Minister Head, Prospective Dept/National Directorate Studies&Planning Director Expert, Interchange Office Expert, Interchange Office Director Acting Head of Delegation Expert, Institutional Support Director, International Interchange Office Director, Studies, Planning and Stratistics Office Director, Health Human Resources Office Director General-Accountant Head of 4thDivision, Directorate of Technical Services Head of 5thDivision, Directorate of Technical Services Director Associate General Prosecutor Associate General Prosecutor Director, Office of the NAO National Director, Advisor to the Minister Expert, International Economic Relations Office Director, Office of the NAO Director, International Interchange Office Head, Department of Bilateral Cooperation Director, Office of the NAO Phone contact 222 397178 222 397178 222 444765 222 336045 222 336045 222 327276 222 393038 222 393038 222 372625 222 372625 222 372625 222 327276 222 371903 222 371903 222 371903 222 327276 222 395902 222 395902 222 327276 222 396843 222 396843 222 327276 222 324 353 222 320408 222 327276 97 Date September, 13 Entity/Unit MI-Ministry of Internal Affairs PJ-Ombudsman Office September, 13 Cooperation Partners (Donor Community) September, 14 Non-State Actors ADRA-Angolana Jubileu 2000 Angola Mãos Livres CCDH-Coordination Council for Human Rights SJA-Angola Journalists Trade Union DW-Development Workshop PAANE-Programme for Support of NSA EC Delegation to Angola UTA-Office of the NAO UTA-Office of the NAO Joint debriefing UTA-Office of the NAO UTA-Office of the NAO EC Delegation to Angola Name Post, Category or Title Phone contact Sebastião CANBINDA Carlos BURITY José DEMBI André TUNGA Carlos VILAÇA Carlos ELOY Paulo TJIPILICA Carlos ELOY Acting General-Inspector Director, Office for Studies, Information and Analysis Head, Department of Treaties and Agreements Expert, Office for International Interchange Expert, General Inspectorate Director Ombudsman Director 222 323338 222 323338 222 323338 222 323338 222 323338 222 327276 222 371071 222 327276 Michel LEVEQUE Ricardo VILLA Dimitri VOGELAAR Anna WALTERS Chris PORTER François THIOLLIER Paula-Cristina FERNANDES Asa KARLSSON José FORTES Cooperation Counsellor 2nd Secretary, Italian Embassy 2nd Secretary, Netherlands Embassy DFID Representative WB Task Team Acting Head of Delegation Expert (Institutional Support) Young Expert Vice-Director 222 391741 222 331245 222 310686 222 334582 222 394677 222 393038 222 393038 222 393038 222 327276 Domingos MAJOR João GREGÓRIO Salvador FREIRE Guilherme NEVES Teixeira CÂNDIDO João GIL Marie-Concette TIRZI Paula-Cristina FERNANDES Carlos ELOY José FORTES Assistant to Management Associate Coordinator, Debt Group General Secretary Representative Spokesperson Project Coordinator Coordinator Expert (Institutional Support) Director Vice-Director 912 914899 222 448837 925 811728 923 385633 923 310455 923 672718 926 777455 222 393038 222 444765 222 327276 Carlos ELOY José FORTES Paula-Cristina FERNANDES Director Vice-Director Expert (Institutional Support) 222 444765 222 327276 222 393038 Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 98 Annex C2 – Cape Verde Study for identification of areas of governance for multicountry PALOP cooperation in the context of the 10th EDF Field Mission stage Date September, 18 September, 19 MEETINGS held with Experts Entity/Unit Name Participants Lists - CAPE VERDE Post, Category or Title Phone contact DEC-Delegation of EC Sèverine ARNAL Programme Officer, Delegation of EC 2621392 SON-NAO Office José-Luís MONTEIRO NAO Office Coordinator 2607957 Sèverine ARNAL Programme Officer, Delegation of EC 2621392 MJ-Ministry of Justice Zsuzsanna FORTES Director, Studies and Legislation Off.(& FP Justice Project,PIR PALOP) 2623227 PC-Portuguese Cooperation António MACHADO Cooperation Officer 2626128 TC-Auditors Court José DELGADO President 2623559 Carla BETTENCOURT Director, Administration&Finance Office 2626488 CA-Austrian Cooperation Eva KOHL Cooperation Officer 2624608 CNE-National Elections Commission Bartolomeu VARELA past President-Commissioner 2624320 Francisco-David LIMA past Commissioner 2624324 Francisco RODRIGUES Director, External Coordination (& FP, Statistics Project, PIR PALOP) 2613827 Joseph BRITES Director, National Accounts Unit 2613827 René SYLVA Director, Social and Demographic Statistics 2613827 Angela CARDOSO Director, Administration & Finance Office 2613827 Didier NIEVADOWSKI Cooperation Officer 2613409 INE-National Statistics Institute CF-French Cooperation Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 99 Date September, 20 September, 21 September, 21 Entity/Unit Name Post, Category or Title Phone contact Walter SÁ General Secretary 2623634 Arlinda NEVES Environment Expert 2623634 MDHT-Ministry for Decentralisation, HE Ramiro AZEVEDO Minister 2621807 Housing and Territory Management Sèverine ARNAL Programme Officer, Delegation of EC 2621392 DGAL-General Directorate for Local Salomão FURTADO Director-General 2621807 Administration Sèverine ARNAL Programme Officer, Delegation of EC 2621392 Social Communication Actors Eugénio MARTINS Director-General, Social Communication 2610515 Augusta TEIXEIRA Head of Cabinet, Minister in charge of Social Communication 2610515 Marcos OLIVEIRA CEO, National TV 2605201 Paulo LIMA President, Journalists Association 2627887 José-Augusto SANCHES CEO, INFORPRESS (news Agency) 2624423 Verónica SANCHES Director, local radio Vos di Santa Kruz 2694402 Fernanda ALMEIDA Representative, DIA (NGO) 2694402 P*ONG-Platform of NGOs Avelino LOPES President 2617428 ARE-Economic Regulation Agency Renato LIMA President of the Executive Board 2600430 Francisco TAVARES Member of the Executive Board 2600430 Sèverine ARNAL Programme Officer, Delegation of EC 2621392 Aristide LIMA President 2608033 Eutrópio CRUZ Secretary-General 2608033 Sèverine ARNAL Programme Officer, Delegation of EC 2621392 CCISS-Chamber of Commerce Rosário DA LUZ Secretary-General 2615352 SON&DCE-NAO Office & Del EC José-Luís MONTEIRO NAO Office Coordinator 2607957 Sèverine ARNAL Programme Officer, Delegation of EC 2621392 ANMC-Municipalities Union AN-National Parliament Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 100 Annex C3 – Guinea-Bissau Study for identification of areas of governance for multicountry PALOP cooperation in the context of the 10th EDF Field Mission stage Date September, 26 MEETINGS held with Experts Entity/Unit Name Participants Lists - GUINEA-BISSAU Post, Category or Title Phone contact DEC-Delegation of EC to Guinea-Bissau Karl RAWERT Head of Section, Economy, Trade and Regional Integration 6624518 CAON-NAO Office Armando SILVA Local Technical Assistant, NAO's Office 6651060 PGR-General Prosecutor's Office Fernando RIBEIRO General Prosecutor 206525 Cipriano NOGUEIRA Assistante General Prosecutor and acting Vice-General Prosecutor 206525 Mário BATICÃO Assistante General Prosecutor (ic anti-corruption&economic crimes) 206525 Maurício ALVES Media Advisor 206525 Armando SILVA Local Technical Assistant, NAO's Office 6651060 Jamel HANDEM Executive Secretary 206710 Iria CALLE Coordinator, Advise and Support Unit 206710 João MANÉ Responsible for Democracy and Electoral Assistance 206710 HE João DE BARROS State Secretary 7205300 Mamadu DJALO Head of State Secretary's Cabinet 7205300 Adriano FERREIRA Principal Technical Advisor 7205300 OA-Chamber of Barristers Armando MANGO President 212729 MRAFPT-Ministry of State Reform, HE Pedro MILACO Minister 7238191 PLACON-Platform of NGOs SECS-Secratary of State for Soc. Comm. Civil Service and Labour Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 7238191 101 Date September, 27 Entity/Unit Post, Category or Title Phone contact Saliu BIA Secretary-General 6766834 José TAVARES Administration Director 201602 Manuel DJAU Financial Director 201602 Daniel ESTEVES Director 201602 Fátima DE BARROS President, AMAE-Association of Women in Business 7201587 Mamadu JAMANCA President, ANIEGB-Asssociation of Importers&Exporters 7201628 Alanso TATY President, QNCOCPA-Platform of Farmers' Associations 224403 Mamoudo TAKI President, ACMG-Association of Mauritanian Traders 201602 Armando PEREIRA Executive Secretary 6856818 José JASSI Deputy Executive Secretary 7203605 Júlio CÁ Media Officer 6217219 HE Abubacar DAHABA Minister 205041 Baima CONDÉ Ministre's Head of Cabinet 205041 Orlando SILVA Secretary General 720008 Fernando DIAS President's Head of Cabinet 720008 Roberto LAWRENCE Principal Advisor 720008 HE Issufo SANHÁ Minister 6654715 Carlos ANDRADE Principal Technical Counsellor 6654715 Armando SILVA Local Technical Assistant, NAO's Office 6651060 MJ-Ministry of Justice HE Carmelita PIRES Minister 212620 DEC-Delegation of EC to Guinea-Bissau Karl RAWERT Head of Section, Economy, Trade and Regional Integration 6624518 CCIA-Chamber of Commerce, Industry and Agriculture CNE-National Electoral Board MEPDR-Ministry of Economy, Planning and Regional Development ANP-Parliament MF-Ministry of Finances September, 28 Name Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 102 Annex C4 – Mozambique Study for identification of areas of governance for multicountry PALOP cooperation in the context of the 10th EDF Field Mission stage Date August, 20 August, 21 Entity/Unit MEETINGS held with Experts Name Participants Lists - MOZAMBIQUE Post, Category or Title Phone contact Alexandre ZANDAMELA Director (Ambassador Status) 82 6123490 Absalão SITOE Expert 82 0799150 Eugénio COME GON Expert (1st Secretary status) 21 493712 Michelle NOORMAHOMED Expert 21 493712 Raúl GIGUEIRA Expert 21 493712 Victor VELHO Expert 21 493712 ECDM-EC Delegation to Mozambique Inês ALVES-TEIXEIRA Advisor, EC Cooperation Coordination (liaison to study) 21 481000 MAE-Ministry for State Administration Egino LONGANANE Director, Planning & Institutional Development Directorate 82 3117460 Plácido PEREIRA Director, Local Administration National Directorate 82 7777070 Candida MOIANE Head, Planning&Cooperation Department 82 4113970 Eugénio COME GON Expert (1st Secretary status) 21 493712 Maurício CUMBE Expert, Follow-up&Evaluation Department 82 8839680 Luís TOBELA Expert, International&Regional Organizations Department 82 5622756 Raul GIGUEIRA GON Expert 21 493712 Fabio BARGIACHI (*) Senior Electoral Assistance Specialist (Brussels Office) António REIS (*) Senior Electoral Advisor GON-NAO Office MPD-Ministry for Planning and Development UNDP Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 32.2.5054623 82 7302393 103 Date August, 22 Entity/Unit MS-Ministry of Health TA-Administrative High Court MI-Ministry for Internal Affairs ECDM-EC Delegation to Mozambique August, 23 INE-National Statistics Institute AR-National Parliament MJ-Ministry of Justice PGR-Public Attorney/Prosecutor' Office Name Post, Category or Title Phone contact Dalmásia COSSA Michelle NOORMAHOMED António PALE Luís HERCULANO Alzira PAZ João MARTINS Victor VELHO Joaquim BULE Fernando ROGERIO Isac MASSAMBY Claudio SALINAS Juridical Adviser to the Minister GON Expert President (Supreme Court Judge status) Secretary-General Head, Cooperation Department Advisor GON Expert Expert, International Relations Office Expert, International Relations Office GON Expert (Counsellor status) First Secretary, Economic Affairs&Governance 82 8878990 21 493712 21 492743 21 492743 21 492743 21 492743 21 493712 82 3032660 82 3129730 21 493712 21 481023 Inês ALVES-TEIXEIRA Advisor, EC Cooperation Coordination (liaison to study) 21481000 Fotini ANTONOPOULU Expert, Good Governance 21 481000 Firmino ALBERTO Head, Prices and Conjuncture Department 21 492114 Marta CHOTIQUE Head, Planning and Coordination Department 21 492114 Adriano MATZIMBE Head, Services Statistics Unit 21 492114 Leonete MABEJAIA Head, Training and Social Action Unit 21 492114 Absalão SITOE GON Expert 21 493712 Ibraimo C.S. MABOTA Director, Public&International Relations Division 82 3152290 Acácio BELEZA Head, Inter-Parliamentary Cooperation Department 21 225100 Ribeiro C. JUNOT Desk for EC Cooperation 21 225100 HE Esperança MACHAVELA Justice Minister 21 492339 Angelo SITOLE Permanent Secretary 21 301850 Isac MASSAMBY GON Expert (Counsellor status) 21 493712 Inês ALVES-TEIXEIRA Expert, Cooperation (liaison to study) 21 418000 Germano ZIOTE Assistant General Prosecutor 21 490051 Henrique CARIOIO Head, Administration&Finance Department 21 490051 Saleimane SEIFO Head, Human Resources Unit 21 490051 Rosário MAKAVACA GON Expert 21 493712 Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 104 Date August, 24 Entity/Unit OAM-Mozambique Barristers Chamber GON-NAO Office ECDM-EC Delegation to Mozambique August, 27 Name Post, Category or Title Phone contact Carlos CALUIO President 21 431634 Jose M. CALDEIRA Vice President 21 431634 Alexandre ZANDAMELA Director (Ambassador Status) 82 6123490 Absalão SITOE Expert 82 0799150 Eugénio COME Expert (1st Secretary status) 21 493712 Isac MASSAMBY Expert (Counsellor status) 21 493712 Michelle NOORMAHOMED Expert 21 493712 Raúl GIGUEIRA Expert 21 493712 Inês ALVES-PEREIRA Advisor, EC Cooperation Coordination (liaison to study) 21 481000 Fotini ANTONOPOULU Expert, Good Governance 21 481000 Imelda SOUSA Expert, Cooperation 21 481000 ETICA (NGO) Salomão MOYANA President 82 9104870 MISA (NGO) Tomás V. MARIO President 21 302833 Palmira VELASCO Vice President 21 302833 Ericino DE SALEMA Research&Information Officer 21 302833 Célia C. BANZE Projects Officer 21 302833 CIP-Center for Public Integrity (NGO) Marcelo Mosse Executive Coordinator 82 3003329 G-20 NGOs platform Benedito Ngomane Communication&Information Officer 82 8085850 Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 105 Annex C5 – São Tomé e Príncipe Study for identification of areas of governance for multicountry PALOP cooperation in the context of the 10th EDF Field Mission stage Date September, 3 Entity/Unit Name Post, Category or Title Phone contact Technical Assistant 224143 Amílcar AFONSO Senior Administrator, seconded to GON 224143 Francisco FERNANDES Director, Cooperation Directorate 221077 Elisa BARROS Senior Administrator and Focxal Point to CPLP 221077 Amílcar AFONSO Senior Administrator, seconded to GON 224143 SJ-Journalists Trade Union Ambrósio QUARESMA President, Executive Board 907743 CCIAS-Chamber of Commerce, I.A.S. Abílio HENRIQUES President, Executive Board 222723 António QUINTAS-AGUIAR Vice-President, Executive Board 222733 Arlindo CARVALHO Director-General (General Directorate for Environment) 222395 Amílcar AFONSO Senior Administrator, seconded to GON 224143 Danilson COUTO Director, Minister Cabinet 226103 MRNA-Ministry of Nat. Res. and Environment MAPREAT-Ministry of State Administration September, 5 Participants Lists - SÃO TOMÉ E PRÍNCIPE Carlos TRIGUEIROS GON-NAO Office MNECC-Ministry of Foreign Affairs and Cooper. September, 4 MEETINGS held with Experts Elísio CAMBÉ Coordinator, Office for Decentralization/Local Admn. 226103 Ernestina MENEZES Director, Public Administration Unit 226103 ANP-National Oil Agency Afonso VARELA Director of Legal Services 226933 PN-National Police Gilberto ANDRADE Chief Commanding Officer 243001 Agostinho BAÍA General Inspector 243001 Hélder MARTINS Director, Administration Services 243001 Amílcar AFONSO Senior Administrator, seconded to GON 224143 SPC-Civil Protection Service José LEAL Chief Commanding Officer 224212 MJAP-Ministry of Justice and Parliam. Affairs Kótia MENEZES Director, Minister Cabinet 222055 Leonel PINHEIRO Focal Point, RIP PALOP II-Justice Project 904075 Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 106 Date September, 5 Entity/Unit AN-National Parliament Post, Category or Title Phone contact Romão PEREIRA-COUTO Secretary-General 222986 Raúl ARAGÃO Advisor to the Secretary-General 222986 Maria Odete AGUIAR President, Executive Council 905004 Maria Céu CARVALHO Permanent Secretary 226754 GTE-Electoral Technical Office Joaquim LEITE Director 224116 Clementino BARROS-GLÓRIA Head, Administration Office 225056 Press Juvenal Rodrigues Director, Correio da Semana na Manuel BARROS Director, Vitrina na Aquiles PEQUENO Director, Transparência na Octávio SOARES Director, Tropical na Jorge do Ó Vice-President, Journalists Union na FONG-Federation of NGOs September, 7 Name INPIEG-Instit.Prom. Gender-related Equal.Equit MFP-Plan and State Finances Ministry GON-NAO Office Lurdes VIEGAS SANTOS Executive Director 227889 Amílcar AFONSO Senior Administrator, seconded to GON 224143 HE Maria TEBUS TORRES Vice-Prime Minister and Plan and States Finances Minister 225792 Agostinho BERNARDO Director, Minister's Office 225792 Filipe MONIZ Director, Planning Office 225792 Valdemiro AFONSO Advisor 225792 Amílcar AFONSO Senior Administrator, seconded to GON 224143 Carlos TRIGUEIROS Technical Assistant 224143 Amílcar AFONSO Senior Administrator, seconded to GON 224143 Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 107 ANNEX D – GOOD GOVERNANCE REFERENCE GRID Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 108 ANNEX E – INTRIDUCTORY NOTE (PORTUGUESE VERSION ONLY) Cooperação entre a CE e PALOP & Timor Governação no 10º FED Estudo relativo a áreas de cooperação e respectiva identificação de Projectos ENTREVISTAS - NOTA EXPLICATIVA SUMÁRIA No quadro da programação do 10ºFED (acções a desenvolver entre 2008 e 2013 nos Países ACP) a Comissão Europeia contratou a um consórcio de consultoria liderado pela empresa BERENSCHOT um estudo que tem por objectivo a identificação de áreas de cooperação com os PALOP e Timor Leste, no âmbito dos desígnios de Boa Governação subjacentes ao Acordo de Cotonu. Possíveis Projectos com tal enquadramento deverão ser também desde já assinalados. Em linha de continuidade e recolhendo ensinamentos da execução dos Programas PIR PALOP (I e II) um número limitado de Projectos deverá ser agora identificado, no quadro do diálogo entre a Comissão Europeia e aqueles seus Parceiros. De acordo, designadamente, com o espírito do Consenso Europeu para o Desenvolvimento (2006) e da Parceria Estratégica EUÁfrica (2007) os novos projectos deverão ser objecto de concertação que garanta o princípio da condução e apropriação por parte dos Parceiros ACP (neste caso PALOP e Timor Leste). Os Peritos designados pelo Consultor vão assim deslocar-se aos PALOP para consultas técnicas no sentido de ser assegurada a atempada programação de um conjunto estruturado de Projectos que obedeça ao princípio de soluções comuns para problemas comuns, Acções essas cuja implementação será facilitada pelo uso da Língua portuguesa como instrumento de trabalho. O volume total de recursos do FED a mobilizar ascenderá previsivelmente a 30M-35M Euros, valores estes já adicionados aos PIN de cada um dos 6 países para utilização conjunta. O processo de identificação de áreas de problema e de possíveis Projectos que lhes possam corresponder respeitará a matriz de enquadramento do conceito de Boa Governação utilizada na oportuna definição dos Perfis de Governação de cada País e deverá ser coerente, também, com os Programas de Governação (ou Compromissos de Governação) anexos aos Documentos de Estratégia do País (CSP-Country Strategic Papers). Para tal efeito e a título meramente indicativo, foi preparada uma ficha-memória (em anexo) que apoiará a condução de reuniões de trabalho entre Representantes de diversas Entidades e Serviços dos PALOP e os Peritos. Por imperativo de cumprimento de prazos globais de programação do 10º FED o estudo em curso deverá estar concluído no final de Setembro de 2007, pelo que a Equipa Técnica designada (José Lucena e Graça Fernandes) muito agradece a disponibilidade e o empenhamento de todos os Agentes nomeados para a participação no diálogo respeitante à identificação das áreas de problema/cooperação e possíveis Projectos a estas associáveis. Os correspondentes trabalhos terão de decorrer, impreterivelmente, durante o período de presença dos Peritos em cada um dos Países. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 109 A versão final da carteira de projectos será objecto de apresentação, debate e aprovação no próximo Encontro entre a Comissão Europeia e os Ordenadores Nacionais prevista para o mês de Outubro em Bruxelas. Determinados aspectos regulamentares e de ordem prática respeitantes à gestão desta Iniciativa para a Boa Governação PALOP+Timor Leste serão estabelecidos através de um Memorando de Entendimento a celebrar oportunamente. Agosto de 2007 Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 110 ANNEX F – CONVERGENCE ANALYSIS: T1 C cooperation with PALOP & Timor Leste * Governance-10th EDF * Convergence analysis (findings-EC sources) * Table 1: Overall assessment 1.Political&Democratic Human rights .. Governance Fundamental freedoms .. Electoral process Principles of constitutional democracy Judicial and law enforcement system .. 2.Political Governance-rule of law 3.Control of corruption 4.Government effectiveness 5.Economic Governance 6.Internal and external security g F Public finance management Private sector/market friendly policies Management of natural resources Internal stability/conflict prevention External threats and global security 8.International and regional Regional integration Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report g g g Highly convergent Commitments .. .. NA NA Weaknesses .. Institutional capacity 7.Social Governance 9th EDF CONV RTL STP MOZ RGB RCV ANG RTL Commitments STP MOZ RGB RCV ANG RTL Weaknesses STP MOZ RGB RCV ANG RTL CSP STP MOZ RGB Key issues in Clusters RCV Governance Clusters (10th EDF) ANG 9th EDF .. .. .. .. .. .. c .. .. 111 0.Governance in general .. Migration .. Political dialogue .. Programming dialogue .. Non-State Actors .. a b F b F F,e F,f Highly convergent Involvement in APRM Commitments CONV RTL STP MOZ RGB RCV ANG Commitments RTL STP MOZ RGB RCV ANG RTL STP MOZ RGB RCV ANG RTL STP MOZ RGB Weaknesses Weaknesses 9.Quality of partnership CSP 9th EDF context Key issues in Clusters RCV Governance Clusters (10th EDF) ANG 9th EDF h i j k d F-Focal area ; a-cross cutting issue ; b-NSA support only ; c-Gender issues ; d-important pillar ; e-one of three ; f-one of two ; g-Prisional systems in special h-at least 4 in common ; i-all 6 in common ; j-all 5 in common ; k-at least 2 out of 3 previous criteria Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 112 ANNEX G – CONVERGENCE ANALYSIS: T2 EC cooperation with PALOP & Timor Leste * Governance-10th EDF * Convergence analysis (findings-EC sources) * Table 2: Similar Commitments-itemized 1.Political&Democratic Governance 2.Political Governance-rule of law 3.Control of corruption RTL STP MOZ RGB Human rights Fighting domestic violence .. Fundamental freedoms Encouragement of independent media .. Electoral process Principles of constitutional democracy Improvement of electoral procedures & civic education .. NIL .. Reform of legal codes & basic legislation .. Judicial and law enforcement system NA Institutional capacity 4.Government effectiveness Public finance management 5.Economic Governance Specified Items RCV Key issues in Clusters Governance Clusters (10th EDF) ANG Commitments-10th EDF Private sector/market friendly policies Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report Increment of Legal Courts network .. Capacity building of specialized Law Enforcement services .. Improvements to the Penitentiary system Adoption of ratification of UN or AU anti-corruption Conventions .. .. Adoption of anti-corruption strategies Adoption of new legislation on public procurement .. Reform of Central Administration Promotion of decentralization and improvement of local Administration .. Strengthening of financial management systems .. .. Reinforcement of external Control Bodies .. Privatisation of public assets .. Establishment of one stop shops for creation of enterprises 113 RTL STP MOZ RGB Specified Items RCV Key issues in Clusters Governance Clusters (10th EDF) ANG Commitments-10th EDF Creation of mechanisms for extra-judicial conflict settlement 6.Internal and external security 7.Social Governance 8.International and regional context 9.Quality of partnership Management of natural resources Internal stability/conflict prevention External threats and global security NA Reform of labour legislation Promotion of (other measures) for a more Business-friendly environment Adoption of mechanisms for preservation of environmental quality .. NIL .. Reinforcement of borders control .. Improvement of efficiency and quality of Education .. Improvement of efficiency and quality of Health care services .. Regional integration Negotiation of EPAs with EU .. Involvement in APRM .. Migration Participation in APRM initiatives Fight against illegal immigration and trafficking of human beings .. Political dialogue Strengthening of political dialogue .. Programming dialogue NIL .. Non-State Actors Reform of legislation on the role of NSA .. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 114 ANNEX H – CONVERGENCE ANALYSIS: T4 EC cooperation with PALOP & Timor Leste * Governance-10th EDF * Field Mission Assessed needs and priorities-6 Countries convergence analysis Table 4 Preventing and combatting domestic violence X X Improvement of the penitentiary systems X X Establishment or development of the Ombudsman X Legal aid to Citizens*Access to Justice by all X X Common RTL X 2 X 4 Cod. Nr Refs 1.1. 8 1.2. 24 2 1 X X 3 X 1 X 1 Support to communitarian radios Support to paper press X Support to media regulation and fostering basic sector legislation X Qualification and skills upgrading for Journalists X Enhancing investigative journalism X Establishment of an Observatory of Press X X X X 3 X 2 X X Exchange of A/V contents for the media X Recovering & preserving historical TV archives X Co-production of A/V contents for the media X X 4 X 2 1 Setting-up a lusophone media network Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report STP X Awareness-raising of Citizens' rights and duties Protection of Citizens' private data MOZ RGB RCV Assessed similar ideas (re-formulated sentences when appropriate) ANG 9.3. 9.2. 9.1. 8.3. 8.2. 8.1. 7.0 6.2. 6.1. 5.2. 5.1. 4.2. 4.1. 3.0. 2.0. 1.4. 1.3. 1.2. 1.1. Governance cluster/Key-issue CODES (*) X 1 2 1 X 2 115 2 Improvement of electoral legislation X 1 Improvement in the preparation of the electoral process (inluding ICT tools) X Establishment of an Electoral Observatory Organising a pool of Electoral Experts X 3 X X 2 Exploitation of existing good practices on the electoral process (eg: UNDP's) X X X Skills-upgrading of parliamentary Staff X X 1 X 2 X 3 X X X X X X Supporting the Youth Parliament experiments X Awareness-raising of the role and operation of the Courts of Auditors X Technical assistance to capacity-building of the Courts of Auditors 1 X 1 2 X X X 23 2 Establishment of a lusophone parliamentary training centre Enhancing the lusophone parliamentary network 1.4. 3 X Capacity-building and modernisation of Parliaments (including ICT tools) Establishment of parliamentary multimedia centres 15 1 Capacity-building for monitoring Governance performance X 1.3. 1 X Awareness-raising of parliamentary activity Nr Refs 1 X Exchange or pooling of electoral materials Cod. 1 X Interchanges on electoral subjects & networking of Electoral Committees Skills upgrading of senior Auditors Courts staff X X Training of electoral Agents Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report Common X Publication of civic education materials (including electoral-related) RTL X Assessed similar ideas (re-formulated sentences when appropriate) STP RGB MOZ RCV ANG 9.3. 9.2. 9.1. 8.3. 8.2. 8.1. 7.0 6.2. 6.1. 5.2. 5.1. 4.2. 4.1. 3.0. 2.0. 1.4. 1.3. 1.2. 1.1. Governance cluster/Key-issue CODES (*) 2 2 1 X 2 116 Common RTL STP Upgrading of Documentation Centres of the Courts of Auditors X X 2 Technical interchanges among senior staff of the Courts of Auditors X X 2 Support to prevention of juvenile delinquency X X 2 Reinforcement of immigration control X X 2 Accelerating reform of Legal Codes X X 2 Modernisation of registry and notary Offices X X 2 Establishment of Juvenile Courts X Development of extra-judicial conflict resolution instances Prevention and prosecution of money-laundering X X Nr Refs 2.0. 33 1 X 2 X 1 Initial training for Magistrates(temporary) Skills upgrading for Justice personnel Cod. 1 Establishment of Juvenile Correctional facility X X X Interchanges for P.Os. Senior staff Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report MOZ RGB RCV Assessed similar ideas (re-formulated sentences when appropriate) ANG 9.3. 9.2. 9.1. 8.3. 8.2. 8.1. 7.0 6.2. 6.1. 5.2. 5.1. 4.2. 4.1. 3.0. 2.0. 1.4. 1.3. 1.2. 1.1. Governance cluster/Key-issue CODES (*) X 1 X X X 5 1 Capacity-building on criminal investigation X 1 Setting-up or improving Financial Information Units X 1 Improving fight against drugs trafficking X Upgrading of juridical libraries ( at P.O.s and other) X Digital real-time connection between the P.O. and the Criminal Police X 1 X 2 1 Qualification of Police Specialists (for Special Police Units) X Reinforcement of laboratories/supply of equipment for Scientific Police X X 2 1 117 Setting-up a lusophone (common) Police Academy for senior Officers X Improvements in the issuance of secure ID cards and passports X X X Common X 1 Networking among P.Os.on anti-corruption subjects X 1 X 1 X 3 Strengthening of the lusophone Public Administration Schools network X 1 Establishment of the PALOP Observatory of Public Administration X 1 Establishmenrt of the lusophone Public Administration web-site X 1 X X Reinforcement of ICT systems and tools in Public Administration X Training of Trainers for State Reform X Improving and expanding the network of one-stop-shops for the Citizen Skills upgrading for Statistics personnel X Establishment of a lusophone (common) Statistics School 3.0. 4 4.1. 23 1 X Skills upgrading of Local Administration personnel Nr Refs 3 Reinforcement of the legal framework on combatting corruption Establishment of an Observatory on combatting corruption Cod. 1 Improving digital communications on fighting corruption Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report RTL STP MOZ RGB RCV Assessed similar ideas (re-formulated sentences when appropriate) ANG 9.3. 9.2. 9.1. 8.3. 8.2. 8.1. 7.0 6.2. 6.1. 5.2. 5.1. 4.2. 4.1. 3.0. 2.0. 1.4. 1.3. 1.2. 1.1. Governance cluster/Key-issue CODES (*) 1 1 X 1 X 2 X 1 Fostering South-South coperation in Statistics X 1 Interchanges on de-centralisation X 1 118 Common RTL STP MOZ Interchanges on territorial management X 1 Capacity-building on territorial management (including adoption of ICT tools) X 1 Improving local planning (Municipal Master Plans) X 1 Implementing digitalised territorial surveys X X X 1 Setting-up Employment Centres X 1 Setting-up of one Institute for macroeconomic advanced studies (cofunding) X Nr Refs 5.1. 6 5.2. 5 1 X 1 Fostering an entrepreneurial culture X Modernisation of the legal framework concerning the private sector X 1 X 2 Networking of Chambers of Commerce X Setting-up or expanding a network of one-stop-shops for the Enterprise X Launching (common) environmental education programmes X 1 Determination of a common strategy for urban solid waste management X 1 Determination of a common strategy for natural parks management X 1 Enhancing protection of endangered natural resources (beaches; forests) Cod. 2 Setting-up (market-oriented) Centres for Professional Training Skils upgrading for Health personnel Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report RGB RCV Assessed similar ideas (re-formulated sentences when appropriate) ANG 9.3. 9.2. 9.1. 8.3. 8.2. 8.1. 7.0 6.2. 6.1. 5.2. 5.1. 4.2. 4.1. 3.0. 2.0. 1.4. 1.3. 1.2. 1.1. Governance cluster/Key-issue CODES (*) X X 1 X 2 2 119 Strengthening Civil Protection capabilities (disaster preparedeness) Combined training for Civil Protection personnel X 3 X 1 Collection of small arms and light weapons illegally held by civilians X Support to Universities and scientific research X 1 Funding post-graduation scholarships X 1 Improvements to the Schools Inspectorate systems X 1 Interchanges among Public Health Schools and among Nursing Schools X 2 Networking for Health information sharing X 1 Setting-up virtual Health libraries X 1 Exchange of good practices on Health professional careers X 1 Setting-up an Observatory of Health human resources X 1 X X 1 Publication in common of awareness-raising materials on Gender Issues X 1 Networking and interchanges on Gender Issues X 1 Exploiting good practices on inter-Donros coordination (eg: ODAMOZ tool) X 1 Follow-up of progress of the 2005 Paris Declaration goals X 1 Support to monitoring progress towards the MDG X 1 Capacity-building for the quality of partnerships X 1 X Nr Refs 6.1. 5 7.0. 13 9.2. 4 9.3 9 1 Training of Trainers and Mediators on Gender Issues Capacity-building for NGOs and their platforms & federations Cod. 1 Reform or improvement of Labour Codes Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report Common RTL STP X MOZ X RGB RCV Assessed similar ideas (re-formulated sentences when appropriate) ANG 9.3. 9.2. 9.1. 8.3. 8.2. 8.1. 7.0 6.2. 6.1. 5.2. 5.1. 4.2. 4.1. 3.0. 2.0. 1.4. 1.3. 1.2. 1.1. Governance cluster/Key-issue CODES (*) X X 3 120 Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report Common RTL STP MOZ RGB Interchange of good practices among NGO/NSA and their platforms X Translation and publication of literature pertaining to NGOs action X 1 Providing technical support to NGOs at local level X 1 Setting-up thematic Observatories concerned with specific targets X 1 Setting-up shared resources centres and logistics facilities for smaller NGOs (*) see decoding in Table on Section 4.2. RCV Assessed similar ideas (re-formulated sentences when appropriate) ANG 9.3. 9.2. 9.1. 8.3. 8.2. 8.1. 7.0 6.2. 6.1. 5.2. 5.1. 4.2. 4.1. 3.0. 2.0. 1.4. 1.3. 1.2. 1.1. Governance cluster/Key-issue CODES (*) X Cod. Nr Refs 2 X 1 172 172 121 ANNEX I – PROJECT FICHES 1. Support to Consolidation of Democracy and the Rule of Law 2. Support to Improvement on the Quality and Proximity of Public Services 3. Support to Reinforcement of Economic Governance and Private sector Development 4. Support to Consolidation and Sustainability of the Cooperation Partnerships Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 122 Fiche 1 EUROPEAN COMMISSION IDENTIFICATION FICHE for PROJECT APPROACH A – PROJECT DATA 1. Title and CRIS reference1 Support to Consolidation of Democracy and the Rule of Law 2. Country (or region) PALOP + Timor-Leste 3. DAC code & sector 4. Total EC amount (+ % of indicative programme) 10 M€ (or 30 % of overall budget) 5. Beneficiary contribution (if any) M€ 6. Other contributions (if any) M€ 7. Legal basis (delete as appropriate) 8. Budget Line (for EDF only, mention if EDF A or B Envelope) ACP-EC Partnership Agreement (10th EDF) EDF – A Envelope (PALOP&TL specific NIP contributions) 9. Method of implementation Decentralised management or 10. Pilot/innovative project Yes X Joint management with an international organisation B – PROVISIONAL TIMETABLE 1. Presentation of identification fiche at oQSG MM/YY 2. Presentation of FP / TAPS at oQSG MM/YY 3. Launch of inter-service consultation MM/YY 4. Presentation to MS Committee MM/YY Date: Signed: (Head of Delegation or Head of Unit) Task manager: Geographical co-ordinator: C – FINDINGS AT THE END OF THE IDENTIFICATION STAGE (LENGTH: MAX 8 PAGES) 1 Creation of a CRIS project number, link with the focal sector of NIP/CSP, introduction of the relevant DAC codes, upload of the identification fiche in CRIS. Please ensure that the latest version is uploaded once approved. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 123 1. Summary description Objective: providing continuity and enlarging the ongoing cooperation between the EU and the PALOP group of countries and also extending it to Timor Leste, with focus on Good Governance Purpose: To contribute to sustainable improvements to effectiveness and efficiency of State Institutions, under the perspective of reinforcement of democratic governance and the rule of law. Expected results: A. Electoral systems and procedures improved and higher levels of civic education attained. B. Judiciary systems strengthened and modernised. C. Law enforcement institutions modernised and prevention of unlawful acts improved. D. Overseeing and supervision capabilities of Parliaments and Courts of Auditors strengthened. E. Institutional fight against corruption and organised crime reinforced. In accordance with the Terms of Reference for the Study of Identification of Areas of Governance for Multicountry Palop Cooperation in the Context of the 10th EDF the devised areas of cooperation were identified and a number of projects was also pre-identified, included this one. For this purpose a desk study and a field mission were successfully carried out so that the required information could be gathered and processed. The project which is the object of this pre-identification fiche is in line with some of the provisions or recommendations prescribed by the Paris Declaration in Aid Effectiveness (eg: Indicators #1 and#4; probably also #3) 2. Consistency with EC policy, programming framework and aid effectiveness agenda This project is one of the mutually linked components of a multi-country Initiative aimed at fostering cooperation between the EU and a group of six ACP countries, which was the object of previous political dialogue between the EU and the six countries concerned. The information collected for the specific purposes of identifying areas of cooperation and pre-identifying associated projects included the assessment of the CSP/NIPs concerned. Furthermore important inputs were also seized from the Governance Profile and Government Commitments established for each of the six Countries concerned. Good Governance (including the issue of Human Rights) is the single focus area of the new Initiative that provides the programming umbrella for this project. Gender equality and environmental sustainability are important issues which will deserve specific attention in one of the other projects that will be developed under the same programmatic framework of operation. Within the scope of political dialogue between the EU and its ACP Partners and considering both the nature of the issues commonly addressed by the new Initiative and the need for Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 124 continuity of the RIP PALOP II it was agreed that a “project approach” would be used, instead of the SPSP and/or GBS instruments. This project is in line with the principles of the 2005 Paris Declaration in Aid Effectiveness in the sense that a strong coordination is advocated with other EC-funded programmes and projects and also with other Donors’ initiatives, including combined operations (eg: basket funding) whenever possible. 3. Consistency with Partner Government(s) policies and strategies The areas of cooperation concerning this project are consistent with National Poverty Reduction Strategies and also with all relevant sector policies. Consistency is guaranteed through project preparation and implementation methodologies that shall/will involve a great deal of consultation among relevant Entities in the ACP Partner countries and the EC Head Offices and local Delegations. A preliminary study, of which the main workload was devoted to visiting the Countries for the purpose of seizing from the very sources programming information (needs and priorities; good practices and pitfalls) has led to the pre-identification of a number of projects, including this one. 4. Problem analysis This project addresses weaknesses pertaining to the full and durable implementation of democracy and rule of law. The applicable Problem tree and Objectives tree can be displayed as follows: Limited or otherwise unsatisfactory response from State Instittutions in democratic governance and rule of law Low efficiency of the electoral systems Gaps in the legal framework Poor response of the law enforcement systems Shortcomings in the judiciary systems Skills shortages Organisational weaknesses Equipment needs Insufficient control of corruption and organised crime Performance gaps in the institutional control systems Lack of international coordination Manpower shortage Insufficient public awareness poor institutional coordination Improved and recognised response from State Instittutions in the domains of democratic governance and rule of law Access & response improvements of the judiciary systems Improved efficiency of the electoral systems Provision of proper regulation Qualification initiatives Expertise inputs Improved response of the law enforcement systems Re-equipment (including ICTs) Improvements on role and efficiency of institutional control systems Improved response to corruption and organised criime Interchange and networking Hiring of skilled staff Awareness-rasing initiatives Stengthening of coordination Key stakeholders: Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 125 • • • • Electoral bodies Entities from Judicial, Law-enforcement and Penitentiary systems Parliaments and Court of Auditors Citizens in general 5. Stakeholders analysis Electoral bodies can be independent structures or Government departments. Political parties are also relevant Stakeholders. The Judicial system includes the Courts of law, the Office of the General Prosecutor, the self ruled Magistrates’ Councils and other independent judicial structures. The Law enforcement system includes both the uniformed and the criminal investigation branches of the national or local Police Forces. Uniformed units include the ordinary civic patrol service as well as the special units such as: borders, customs, immigration, maritime, road, forestry, etc… The so-called Scientific Police is also targeted by the project. Citizens should be considered as stakeholders both as electors and also as potential users of the services provided by the justice and law enforcement systems. This project is not specifically oriented towards the gender or the vulnerable people issues; however it will take those aspects into due consideration under a mainstreaming implementation perspective. ACP Partners have been and will further be involved in all stages of project preparation and implementation. The consultation process is a continuing process, irrespective of the fact that pre-identification of this project was in itself achieved by means of processing suggestions and ideas directly seized in the Countries (interviewing of representative Entities; debates with the NAO Offices and the EC Delegations). Ownership is therefore expected to be achieved with a high degree of success. 6. Strategy analysis, lessons learned and link with complementary actions This project is part of a wider multi-country cooperation initiative, with a single focus on Good Governance which was agreed in the context of the EC/ACP political dialogue pertaining to 10th EDF programming. This modality of cooperation is fully compatible with the NIPs-based bilateral cooperation for each of the Countries involved not only because subsequent fine-tuning programming (identification of Activities/Times/Resources) will avoid overlapping or double funding but also because (and mainly) it will deliver joint or common actions to be developed within the scope of a 6-Countries (common solutions for common problems), not single-Country oriented outputs. The project was designed and shall be implemented taking into consideration: i) past experience in implementation of the RIP PALOP (I and II editions); ii) results and lessons Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 126 learned from any other (past or ongoing) projects financed by the EC or by other Donors, which may also reveal interesting degrees of affinity. 7. Proposed project description The overall objective, purpose and expected results referred to in section 1. are organised in a strict hierarchical line. The logical links between the identified problems and proposed objectives are demonstrated in section 5. above. Project elementary Activities will be determined at a next programming stage. However the following main project Components have been identified as the lines of action that may provide the proper response to the highly converging needs and priorities assessed within the targeted 6-Countries universe. A. Support to the improvement of electoral systems and procedures B. Support to strengthening and modernisation of the judiciary systems C. Support to the prevention of unlawful acts and to the modernisation of law enforcement systems D. Support to the reinforcement of overseeing and supervision functions of the Parliaments and the Courts of Auditors E. Support to the reinforcement of the fight against corruption and organised crime. 8. Resource and cost implications (includes proposal for scope of ECOFIN analysis) An indicative allocation of 10 million Euro (or circa 30% of overall Initiative budgetary envelope under the EDF funding) will apply to the period of 2009-2013 and is to be distributed among the five components listed above. It should not be excluded that any matching funds from other Donors or the ACP Partners may also be allocated to the project. At this stage it would be premature to describe and detail the resources required for the implementation of this project, of which the Activity-level content will only be determined at a subsequent phase. 9. Implementation issues The issue of implementation (modalities; coordination structures; management procedures) will probably be the object of a decision at overall Initiative level. That decision should take into consideration the following aspects: - Practical lessons learnt from the RIP PALOP II coordination and management - Commitments issued out of the 2005 Paris Declaration on Aid Effectiveness Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 127 - The 10th EDF financial framework and the applying standard procedures Considering the effectiveness and efficiency however it seems advisable to minimise, in any devisable circumstance, the use of the budget estimation mechanism. Local involvement and ownership should notwithstanding be granted an important role as far as coordination and management is concerned. Project monitoring and project evaluation mechanisms, including the determination of performance indicators and of alignment with other Donors’ procedures are to be described at the next identification stage. 10. Assumptions and risks Basic assumptions can be listed as: • • • • • • • No major changes will occur concerning the framework of cooperation between the EU and the group of six countries concerned by the new Initiative or among those countries themselves. A final agreement concerning the structure of the contents of the overall Initiative (including the precise determination of the projects and of its basic components) will be reached in due time considering the 10th EDF implementation schedule. Coordination and management principles, mechanisms and basic tools applying to the new Initiative will be agreed among all parties involved within a timeframe compatible with the completion of its final programming and its timely implementation. Implementation of all projects and related actions within the scope of the new Initiative may and will be implemented with a reasonable degree of simultaneity so that relevant inter-project synergies may be obtained. Adequate linkage between the RIP PALOP II and this project will be secured, namely by means of a timely availability of reports and of any relevant material outputs of the former. 10th EDF financial resources will be available in practical terms by or before project implementation start date. Project will be implemented within a reasonable delay with regard to preidentification stage, in order to avoid major mismatching between project goals and actual needs and priorities (as opposed to those initially targeted). Assessed risks concern mainly the non observance of one or more of the assumptions listed above. 11. Sustainability Sustainability was one of the key concerns at the preliminary programming stage of the new Initiative (identification of areas of cooperation and pre-identification of projects, including this one). Effective Ownership was considered as one of more important factors allowing for Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 128 the generation of benefits beyond the period of the EC direct support to project implementation. 12. Next steps, work-plan and time schedule for the formulation phase Specification of Activities, Work plan, Time schedule, Executive responsibilities and allocation of Resources will be the object of a next programming stage as it could not be realistically performed at the overall pre-identification phase. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 129 Fiche 2 EUROPEAN COMMISSION IDENTIFICATION FICHE for PROJECT APPROACH A – PROJECT DATA 1. Title and CRIS reference2 Support to Improvement on the Quality and Proximity of Public Services 2. Country (or region) PALOP + Timor-Leste 3. DAC code & sector 4. Total EC amount (+ % of indicative programme) 7 M€ (or 20 % of overall budget) 5. Beneficiary contribution (if any) M€ 6. Other contributions (if any) M€ 7. Legal basis (delete as appropriate) ACP-EC Partnership Agreement (10th EDF) 8. Budget Line (for EDF only, mention if EDF A or B Envelope) EDF – A Envelope (PALOP&TL specific NIP contributions) 9. Method of implementation Decentralised management or 10. Pilot/innovative project Yes X Joint management with an international organisation B – PROVISIONAL TIMETABLE 1. Presentation of identification fiche at oQSG MM/YY 2. Presentation of FP / TAPS at oQSG MM/YY 3. Launch of inter-service consultation MM/YY 4. Presentation to MS Committee MM/YY Date: Signed: (Head of Delegation or Head of Unit) Task manager: Geographical co-ordinator: C – FINDINGS AT THE END OF THE IDENTIFICATION STAGE (LENGTH: MAX 8 PAGES) 2 Creation of a CRIS project number, link with the focal sector of NIP/CSP, introduction of the relevant DAC codes, upload of the identification fiche in CRIS. Please ensure that the latest version is uploaded once approved. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 130 1. Summary description Objective: providing continuity and enlarging the ongoing cooperation between the EU and the PALOP group of countries and also extending it to Timor Leste, with focus on Good Governance Purpose: To contribute to achieving improvements on Government Effectiveness by promoting and supporting quality of public services and also proximity towards the citizens. Expected results: A. De-concentration process improved and proximity of public services towards the citizens attained. B. Implemented elected local power strengthened and participation of Citizens at local level enhanced. C. Capacity for disaster-prevention reinforced and response preparedness regarding disasters and calamities improved. D. Registry and notary Offices modernised. E. Issuance of civil identification documents modernised and the security system concerned reinforced. In accordance with the Terms of Reference for the Study of Identification of Areas of Governance for Multicountry Palop Cooperation in the Context of the 10th EDF the devised areas of cooperation were identified and a number of projects was also pre-identified, included this one. For this purpose a desk study and a field mission were successfully carried out so that the required information could be gathered and processed. The project which is the object of this pre-identification fiche is in line with some of the provisions or recommendations prescribed by the Paris Declaration in Aid Effectiveness (eg: Indicators #1 and#4; probably also #3) 2. Consistency with EC policy, programming framework and aid effectiveness agenda This project is one of the mutually linked components of a multi-country Initiative aimed at fostering cooperation between the EU and a group of six ACP countries, which was the object of previous political dialogue between the EU and the six countries concerned. The information collected for the specific purposes of identifying areas of cooperation and pre-identifying associated projects included the assessment of the CSP/NIPs concerned; Governance Commitments. Furthermore important inputs were also seized from the Governance Profile and Government Commitments established for each of the six Countries concerned. Good Governance (including the issue of Human Rights) is the single focus area of the new Initiative that provides the programming umbrella for this project. Gender equality and environmental sustainability are important issues which will deserve specific attention in one of the other projects that will be developed under the same programmatic framework of operation. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 131 Within the scope of political dialogue between the EU and its ACP Partners and considering both the nature of the issues commonly addressed by the new Initiative and the need for continuity of the RIP PALOP II it was agreed that a “project approach” would be used, instead of the SPSP and/or GBS instruments. This project is in line with the principles of the 2005 Paris Declaration in Aid Effectiveness in the sense that a strong coordination is advocated with other EC-funded programmes and projects and also with other Donors’ initiatives, including combined operations (eg: basket funding) whenever possible. 3. Consistency with Partner Government(s) policies and strategies The areas of cooperation concerning this project are consistent with National Poverty Reduction Strategies and also with all relevant sector policies. Consistency is guaranteed through project preparation and implementation methodologies that shall/will involve a great deal of consultation among relevant Entities in the ACP Partner countries and the EC Head Offices and local Delegations. A preliminary study, of which the main workload was devoted to visiting the Countries for the purpose of seizing from the very sources programming information (needs and priorities; good practices and pitfalls) has led to the pre-identification of a number of projects, including this one. 4. Problem analysis This project addresses weaknesses pertaining to government effectiveness in the delivery of the quality of public services and proximity towards the citizens. The applicable Problem tree and Objectives tree can be displayed as follows: Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 132 Limited perfomance on Government Effectiveness of quality of public services and proximity towards citizens Level of implementation of local power very low Limited progress on de-concentration process Low levels of prevention of disaters/calamities and response prepardness Inadequate human resources and tools for registry and notary offices Proximity towards citizens very low Poor coordination and implementation measures Coordination and logistics shortages Poor equipment and skills Inadequate methods of issuance of civil ident. documents and poor security system Recognised improvements on Government Effectiveness of quality of public services and proximity towards citizens Level of implementation of local power improved Progress on deconcentration process improved Prevention of disasters/calamities and reponse prepardness improved Human resources and tools for registry and notary offices adequated Higher levels of proximity towards citizens Good levels of coordination on implemetation measures Better coordination and adequate material means provided Better equipment and skills avaiable Methods of issuance of civil ident. documents adequated and securiy system improved Key stakeholders: • • • • • Central Government Departments operating at local and intermediate levels Elected local Administration; local instances of participation Emergency response Services, at central, intermediate and local levels. Entities concerned with civil identification Registry and Notary Offices. 5. Stakeholders analysis Central Government, Regional and Sub-regional Departments, Local Entities are directly involved in the process of de-concentration. The engagement of the State and public institutions promotes the structures and processes for the provision of public services. Elected Local Administration and Local Participatory Instances are part of the system aimed at delivering public services to the public, under acceptable standards of quality and proximity. Emergency Response Agencies and all other Services /Units concerned with the prevention of (and response to) civil calamities and disasters will directly benefit from modernisation measures that may contribute to capacity-strengthening, including international cooperation State departments and judiciary system Entities, including the National Directorates of Registers and Notaries will benefit from setting up a Citizens’ databases and other innovative measures and for response-upgrading Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 133 State departments and judiciary system entities, including the National Directorates for Civil Identification will benefit from setting up a Citizens’ databases and other innovative measures and for response-upgrading Citizens/General Public are the ultimate stakeholders of this project, being the main beneficiaries and potential users of the services provided by all the components of this project. This project is not specifically oriented towards the gender or the vulnerable people issues; however it will take those aspects into due consideration under a mainstreaming implementation perspective. ACP Partners have been and will further be involved in all stages of project preparation and implementation. The consultation process is a continuing process, irrespective of the fact that pre-identification of this project was in itself achieved by means of processing suggestions and ideas directly seized in the Countries (interviewing of representative Entities; debates with the NAO Offices and the EC Delegations). Ownership is therefore expected to be achieved with a high degree of success. 6. Strategy analysis, lessons learned and link with complementary actions This project is part of a wider multi-country cooperation initiative, with a single focus on Good Governance, which was agreed in the context of the EC/ACP political dialogue pertaining to 10th EDF programming. This modality of cooperation is fully compatible with the NIPs-based bilateral cooperation for each of the Countries involved not only because subsequent fine-tuning programming (identification of Activities/Times/Resources) will avoid overlapping or double funding but also because (and mainly) it will deliver joint or common actions to be developed within the scope of a 6-Countries (common solutions for common problems), not single-Country oriented outputs. The project was designed and shall be implemented taking into consideration: i) past experience in implementation of the RIP PALOP (I and II editions); ii) results and lessons learned from any other (past or ongoing) projects financed by the EC or by other Donors, which may also reveal interesting degrees of affinity. 7. Proposed project description The overall objective, purpose and expected results referred to in section 1. are organised in a strict hierarchical line. The logical links between the identified problems and proposed objectives are demonstrated in section 4. above. Project elementary Activities will be determined at a next programming stage. However the following main project Components have been identified as the lines of action that may provide the proper response to the highly converging needs and priorities assessed within the targeted 6-Countries universe. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 134 A. B. C. D. E. Support to promoting de-concentration model and enable proximity towards the citizens. Support to bringing the local elected administration and participation of local instances and the citizens closer together. Support the reinforcement of capacity-building and prevention of calamities and disasters. Support the modernisation of the registry and notary Offices. Support the modernisation and security reinforcement of civil identification documents. 8. Resource and cost implications (includes proposal for scope of ECOFIN analysis) An indicative allocation of 7 million Euro (or circa 20% of overall Initiative budgetary envelope under the EDF funding) will apply to the period of 2009-2013 and is to be distributed among the five components listed above. It should not be excluded that any matching funds from other Donors or the ACP Partners may also be allocated to the project. At this stage it would be premature to describe and detail the resources required for the implementation of this project, of which the Activity-level content will only be determined at a subsequent phase. 9. Implementation issues The issue of implementation (modalities; coordination structures; management procedures) will probably be the object of a decision at overall Initiative level. That decision should take into consideration the following aspects: - Practical lessons learnt from the RIP PALOP II coordination and management - Commitments issued out of the 2005 Paris Declaration on Aid Effectiveness - The 10th EDF financial framework and the applying standard procedures Considering the effectiveness and efficiency however it seems advisable to minimise, in any devisable circumstance, the use of the budget estimation mechanism. Local involvement and ownership should notwithstanding be granted an important role as far as coordination and management is concerned. Project monitoring and project evaluation mechanisms, including the determination of performance indicators and of alignment with other Donors’ procedures are to be described at the next identification stage. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 135 10. Assumptions and risks Basic assumptions can be listed as: • No major changes will occur concerning the framework of cooperation between the EU and the group of six countries concerned by the new Initiative or among those countries themselves. • A final agreement concerning the structure of the contents of the overall Initiative (including the precise determination of the projects and of its basic components) will be reached in due time considering the 10th EDF implementation schedule. • Coordination and management principles, mechanisms and basic tools applying to the new Initiative will be agreed among all parties involved within a timeframe compatible with the completion of its final programming and its timely implementation. • Implementation of all projects and related actions within the scope of the new Initiative may and will be implemented with a reasonable degree of simultaneity so that relevant inter-project synergies may be obtained. • Adequate linkage between the RIP PALOP II and this project will be secured, namely by means of a timely availability of reports and of any relevant material outputs of the former. • 10th EDF financial resources will be available in practical terms by or before project implementation start date. • Project will be implemented within a reasonable delay with regard to preidentification stage, in order to avoid major mismatching between project goals and actual needs and priorities (as opposed to those initially targeted). Assessed risks concern mainly the non observance of one or more of the assumptions listed above. 11. Sustainability Sustainability was one of the key concerns at the preliminary programming stage of the new Initiative (identification of areas of cooperation and pre-identification of projects, including this one). Effective Ownership was considered as one of more important factors allowing for the generation of benefits beyond the period of the EC direct support to project implementation. 12. Next steps, work-plan and time schedule for the formulation phase Specification of Activities, Work plan, Time schedule, Executive responsibilities and allocation of Resources will be the object of a next programming stage as it could not be realistically performed at the overall pre-identification phase. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 136 Fiche 3 EUROPEAN COMMISSION IDENTIFICATION FICHE for PROJECT APPROACH A – PROJECT DATA 1. Title and CRIS Support to Reinforcement of Economic Governance and Private 3 reference sector Development 2. Country (or region) PALOP + Timor-Leste 3. DAC code & sector 4. Total EC amount (+ % of indicative programme) 6 M€ (or 20 % of overall budget) 5. Beneficiary contribution (if any) M€ 6. Other contributions (if any) M€ 7. Legal basis (delete as ACP-EC Partnership Agreement (10th EDF) appropriate) 8. Budget Line (for EDF only, mention if EDF A EDF – A Envelope (PALOP&TL specific NIP contributions) or B Envelope) 9. Method of Decentralised management or implementation Joint management with an international organisation 10. Pilot/innovative project Yes X B – PROVISIONAL TIMETABLE 1. 2. 3. 4. Presentation of identification fiche at oQSG Presentation of FP / TAPS at oQSG Launch of inter-service consultation Presentation to MS Committee MM/YY MM/YY MM/YY MM/YY Date: Signed: (Head of Delegation or Head of Unit) Task manager: Geographical co-ordinator: 3 Creation of a CRIS project number, link with the focal sector of NIP/CSP, introduction of the relevant DAC codes, upload of the identification fiche in CRIS. Please ensure that the latest version is uploaded once approved. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 137 C – FINDINGS AT THE END OF THE IDENTIFICATION STAGE (LENGTH: MAX 8 PAGES) 1. Summary description Objective: providing continuity and enlarging the ongoing cooperation between the EU and the PALOP group of countries and also extending it to Timor Leste, with focus on Good Governance Purpose: To contribute to achieving improvements to economic governance with an emphasis on promoting sustained development of competitive private sectors, convivial with the market regulatory functions of the States Expected results: A. Existing enterprises becoming more competitive as a result of modernisation measures B. New enterprises starting-up and entering into business, based on sound investment decisions C. Chambers of Commerce and Business or Employers Unions with reinforced capabilities and offering better or innovative services to their Members and to prospective Investors D. State Agencies providing interface with the Private Sector activities with notable improvements achieved in the quality of services rendered, in the perspective of Business competitiveness and market development E. Economy regulation independent Entities established or reinforced and duly recognized as important players in the overall market In accordance with the Terms of Reference for the Study of Identification of Areas of Governance for Multicountry Palop Cooperation in the Context of the 10th EDF the devised areas of cooperation were identified and a number of projects was also pre-identified, included this one. For this purpose a desk study and a field mission were successfully carried out so that the required information could be gathered and processed. The project which is the object of this pre-identification fiche is in line with some of the provisions or recommendations prescribed by the Paris Declaration in Aid Effectiveness (eg: Indicators #1 and#4; probably also #3) 2. Consistency with EC policy, programming framework and aid effectiveness agenda This project is one of the mutually linked components of a multi-country Initiative aimed at fostering cooperation between the EU and a group of six ACP countries, which was the object of previous political dialogue between the EU and the six countries concerned. The information collected for the specific purposes of identifying areas of cooperation and pre-identifying associated projects included the assessment of the CSP/NIPs concerned; Governance Commitments. Furthermore important inputs were also seized from the Governance Profile and Government Commitments established for each of the six Countries concerned. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 138 Good Governance (including the issue of Human Rights) is the single focus area of the new Initiative that provides the programming umbrella for this project. Gender equality and environmental sustainability are important issues which will deserve specific attention in one of the other projects that will be developed under the same programmatic framework of operation. Within the scope of political dialogue between the EU and its ACP Partners and considering both the nature of the issues commonly addressed by the new Initiative and the need for continuity of the RIP PALOP II it was agreed that a “project approach” would be used, instead of the SPSP and/or GBS instruments. This project is in line with the principles of the 2005 Paris Declaration in Aid Effectiveness in the sense that a strong coordination is advocated with other EC-funded programmes and projects and also with other Donors’ initiatives, including combined operations (eg: basket funding) whenever possible. 3. Consistency with Partner Government(s) policies and strategies The areas of cooperation concerning this project are consistent with National Poverty Reduction Strategies and also with all relevant sector policies. Consistency is guaranteed through project preparation and implementation methodologies that shall/will involve a great deal of consultation among relevant Entities in the ACP Partner countries and the EC Head Offices and local Delegations. A preliminary study, of which the main workload was devoted to visiting the Countries for the purpose of seizing from the very sources programming information (needs and priorities; good practices and pitfalls) has led to the pre-identification of a number of projects, including this one. 4. Problem analysis This project addresses weaknesses pertaining to economic governance in general and to the development of a competitive private sector The applicable Problem tree and Objectives tree can be displayed as follows: Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 139 Role, dimension and competitive nature of private sector below expectations and needs Existing enterprises with old and low competitive market approaches Gaps in the legal framework Insufficient quantity and quality of new enterprises Limited role and capacity of Chambers of Commerce Limited role and response capability of Economy Regulation Agencies Inadequete response by Enterprise-related State Agencies Skills shortages Organisational weaknesses Insufficient public awareness poor institutional coordination Improved role and size of a moderne and competitive private sector Revamping of existing enterprises Starting-up of new and solid business initiatives Limited role and capacity of Chambers of Commerce Limited role and response capability of Economy Regulation Agencies Inadequete response by Enterprise-related State Agencies Provision of BusinessQualification initiatives friendly regulation Expertise inputs Public-awareness initiatives Stengthening of coordination Key stakeholders: • • • • • Existing private enterprises Prospective entrepreneurs Chambers of Commerce and Business or Employers Unions State Agencies interfacing with the private sector Economy regulation independent Entities 5. Stakeholders analysis Enterprises (existing and to be created) are concerned by means of the establishment or reinforcement of a business-friendly environment that may comprise any incentive measures aimed at stimulating modernisation or new investments, according to overall economic criteria. Private sector representative bodies may be concerned by the project through a number of different mechanisms, including public-private partnerships or contractual relationships aimed at supporting or facilitating development of the private sector (information, technical assistance, training opportunities, management of incentive measures). State Agencies may benefit from modernisation measures aimed at rendering more effective or efficient the services rendered to the enterprises (less time-consuming, faster, transparent or less expensive procedures). Existing prospective Independent Regulatory Entities may obtain support either to their own establishment or to improvements in performance and quality of service (technical Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 140 assistance, access to economic information), along with public-awareness and other required affirmation measures. This project is not specifically oriented towards the gender or the vulnerable people issues; however it will take those aspects into due consideration under a mainstreaming implementation perspective. ACP Partners have been and will further be involved in all stages of project preparation and implementation. The consultation process is a continuing process, irrespective of the fact that pre-identification of this project was in itself achieved by means of processing suggestions and ideas directly seized in the Countries (interviewing of representative Entities; debates with the NAO Offices and the EC Delegations). Ownership is therefore expected to be achieved with a high degree of success. 6. Strategy analysis, lessons learned and link with complementary actions This project is part of a wider multi-country cooperation initiative, with a single focus on Good Governance which was agreed in the context of the EC/ACP political dialogue pertaining to 10th EDF programming. This modality of cooperation is fully compatible with the NIPs-based bilateral cooperation for each of the Countries involved not only because subsequent fine-tuning programming (identification of Activities/Times/Resources) will avoid overlapping or double funding but also because (and mainly) it will deliver joint or common actions to be developed within the scope of a 6-Countries (common solutions for common problems), not single-Country oriented outputs. The project was designed and shall be implemented taking into consideration: i) past experience in implementation of the RIP PALOP (I and II editions); ii) results and lessons learned from any other (past or ongoing) projects financed by the EC or by other Donors, which may also reveal interesting degrees of affinity. 7. Proposed project description The overall objective, purpose and expected results referred to in section 1. are organised in a strict hierarchical line. The logical links between the identified problems and proposed objectives are demonstrated in section 4. above. Project elementary Activities will be determined at a next programming stage. However the following main project Components have been identified as the lines of action that may provide the proper response to the highly converging needs and priorities assessed within the targeted 6-Countries universe. A. B. C. Support to competitive market operation and to the creation of micro-enterprises Support to capacity-building of the Chambers of Commerce and the Business/Employers Unions, with an impact on services rendered to Members Support to modernisation of economies and to the regulatory function of the States. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 141 8. Resource and cost implications (includes proposal for scope of ECOFIN analysis) An indicative allocation of 6 million Euro (or circa 20% of overall Initiative budgetary envelope under the EDF funding) will apply to the period of 2009-2013 and is to be distributed among the five components listed above. It should not be excluded that any matching funds from other Donors or the ACP Partners may also be allocated to the project. At this stage it would be premature to describe and detail the resources required for the implementation of this project, of which the Activity-level content will only be determined at a subsequent phase. 9. Implementation issues The issue of implementation (modalities; coordination structures; management procedures) will probably be the object of a decision at overall Initiative level. That decision should take into consideration the following aspects: - Practical lessons learnt from the RIP PALOP II coordination and management - Commitments issued out of the 2005 Paris Declaration on Aid Effectiveness - The 10th EDF financial framework and the applying standard procedures Considering the effectiveness and efficiency however it seems advisable to minimise, in any devisable circumstance, the use of the budget estimation mechanism. Local involvement and ownership should notwithstanding be granted an important role as far as coordination and management is concerned. Project monitoring and project evaluation mechanisms, including the determination of performance indicators and of alignment with other Donors’ procedures are to be described at the next identification stage. 10. Assumptions and risks Basic assumptions can be listed as: • • • No major changes will occur concerning the framework of cooperation between the EU and the group of six countries concerned by the new Initiative or among those countries themselves. A final agreement concerning the structure of the contents of the overall Initiative (including the precise determination of the projects and of its basic components) will be reached in due time considering the 10th EDF implementation schedule. Coordination and management principles, mechanisms and basic tools applying to the new Initiative will be agreed among all parties involved within a Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 142 • • • • timeframe compatible with the completion of its final programming and its timely implementation. Implementation of all projects and related actions within the scope of the new Initiative may and will be implemented with a reasonable degree of simultaneity so that relevant inter-project synergies may be obtained. Adequate linkage between the RIP PALOP II and this project will be secured, namely by means of a timely availability of reports and of any relevant material outputs of the former. 10th EDF financial resources will be available in practical terms by or before project implementation start date. Project will be implemented within a reasonable delay with regard to preidentification stage, in order to avoid major mismatching between project goals and actual needs and priorities (as opposed to those initially targeted). Assessed risks concern mainly the non observance of one or more of the assumptions listed above. 11. Sustainability Sustainability was one of the key concerns at the preliminary programming stage of the new Initiative (identification of areas of cooperation and pre-identification of projects, including this one). Effective Ownership was considered as one of more important factors allowing for the generation of benefits beyond the period of the EC direct support to project implementation. 12. Next steps, work-plan and time schedule for the formulation phase Specification of Activities, Work plan, Time schedule, Executive responsibilities and allocation of Resources will be the object of a next programming stage as it could not be realistically performed at the overall pre-identification phase. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 143 Fiche 4 EUROPEAN COMMISSION IDENTIFICATION FICHE for PROJECT APPROACH A – PROJECT DATA Support to Consolidation and Sustainability of the Cooperation 1. Title and CRIS Partnerships reference4 2. Country (or region) PALOP + Timor-Leste 3. DAC code & sector 4. Total EC amount (+ % of indicative programme) 5 M€ (or 15 % of overall budget) 5. Beneficiary contribution (if any) M€ 6. Other contributions (if any) M€ th 7. Legal basis (delete as ACP-EC Partnership Agreement (10 EDF) appropriate) 8. Budget Line (for EDF only, mention if EDF A EDF – A Envelope (PALOP&TL specific NIP contributions) or B Envelope) 9. Method of Decentralised management or implementation Joint management with an international organisation 10. Pilot/innovative project Yes X B – PROVISIONAL TIMETABLE 1. 2. 3. 4. Presentation of identification fiche at oQSG Presentation of FP / TAPS at oQSG Launch of inter-service consultation Presentation to MS Committee MM/YY MM/YY MM/YY MM/YY Date: Signed: (Head of Delegation or Head of Unit) Task manager: Geographical co-ordinator: 4 Creation of a CRIS project number, link with the focal sector of NIP/CSP, introduction of the relevant DAC codes, upload of the identification fiche in CRIS. Please ensure that the latest version is uploaded once approved. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 144 C – FINDINGS AT THE END OF THE IDENTIFICATION STAGE (LENGTH: MAX 8 PAGES) 1. Summary description Objective: providing continuity and enlarging the ongoing cooperation between the EU and the PALOP group of countries and also extending it to Timor Leste, focused on Good Governance Purpose: To contribute to improving the internal coherence and sustainability of the cooperation partnership by enhancing the diversity and quality of its various components Expected results: A. NGOs concerned with democratic dialogue and communitarian service with increased capabilities and an overall reinforced role in Society. B. Independent and plural media delivering information of a better quality to enlarged audiences, under improved conditions of technical and financial sustainability. C. Gender, environmental protection and other development cooperation cross-cutting issues duly addressed by means of special-focus dissemination actions or as part of thematic projects. D. APRM and other innovative mechanisms, aimed at strengthening cooperation and fostering ownership, adopted, experimented, divulged and evaluated. In accordance with the Terms of Reference for the Study of Identification of Areas of Governance for Multicountry Palop Cooperation in the Context of the 10th EDF the devised areas of cooperation were identified and a number of projects was also pre-identified, included this one. For this purpose a desk study and a field mission were successfully carried out so that the required information could be gathered and processed. The project which is the object of this pre-identification fiche is in line with some of the provisions or recommendations prescribed by the Paris Declaration in Aid Effectiveness (eg: Indicators #1 and#4; probably also #3) 2. Consistency with EC policy, programming framework and aid effectiveness agenda This project is one of the mutually linked components of a multi-country Initiative aimed at fostering cooperation between the EU and a group of six ACP countries, which was the object of previous political dialogue between the EU and the six countries concerned. The information collected for the specific purposes of identifying areas of cooperation and pre-identifying associated projects included the assessment of the CSP/NIPs concerned; Governance Commitments. Furthermore important inputs were also seized from the Governance Profile and Government Commitments established for each of the six Countries concerned. Good Governance (including the issue of Human Rights) is the single focus area of the new Initiative that provides the programming umbrella for this project. Gender equality and environmental sustainability (as consensual cross-cutting issues) will nevertheless deserve Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 145 specific and detailed attention within this particular project, under an overall Initiative perspective. Within the scope of political dialogue between the EU and its ACP Partners and considering both the nature of the issues commonly addressed by the new Initiative and the need for continuity of the RIP PALOP II it was agreed that a “project approach” would be used, instead of the SPSP and/or GBS instruments. This project is in line with the principles of the 2005 Paris Declaration in Aid Effectiveness in the sense that a strong coordination is advocated with other EC-funded programmes and projects and also with other Donors’ initiatives, including combined operations (eg: basket funding) whenever possible. 3. Consistency with Partner Government(s) policies and strategies The areas of cooperation concerning this project are consistent with National Poverty Reduction Strategies and also with all relevant sector policies. Consistency is guaranteed through project preparation and implementation methodologies that shall/will involve a great deal of consultation among relevant Entities in the ACP Partner countries and the EC Head Offices and local Delegations. A preliminary study, of which the main workload was devoted to visiting the Countries for the purpose of seizing from the very sources programming information (needs and priorities; good practices and pitfalls) has led to the pre-identification of a number of projects, including this one. 4. Problem analysis This project addresses weaknesses pertaining to the continuing and satisfactory implementation of the EU/ACP cooperation partnership, according to all applying principles, orientations and standing procedures. The applicable Problem tree and Objectives tree can be displayed as follows: Insufficient role and operational capacities of NSAs Independent and plural media under development strains Gaps in regulatory framework Skills & organisative weaknesses Ill-addressed Cotonu agreed cross-cutting isues Equipment or logistics shortages Limited progresses on APRM and MDGs ownership issues Coordination or mangement gaps Recognised improvements the overall coherence and sustainability characteristics of the cooperation partnership Improved role of NSAs based on reinforced capacities Improved sustainability of independent media Regulations created or improved Skills and organisation levels improved Cotonu agreed crosscutting isues duly addressed More or better resources povided and used Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report Advances on APRM and MDGs ownership issues Better performance on coordination and management 146 Key stakeholders: • • • • NGOs/NSAs and their consortia, federations or platforms Independent media State and non-State Entities concerned with Gender, Environmental protection and other cross-cutting issues State and non-State Entities actively involved in management of external aid and development cooperation 5. Stakeholders analysis NGOs/NSAs and their 2nd level representative bodies will benefit from support to capacitybuilding under several possible strands Independent media will have (direct or indirect) access to a number of capacity-building actions which may appeal to cooperative or combined action State/non-State Agencies aimed at the promotion of cross-cutting issues will benefit from technical or financial support regarding structured diffusion of the thematic subjects concerned State/non-State Agencies concerned with the coordination or management of external aid or development cooperation will be supported (technically or financially) in order to perform or enhance their research, experimentation and mainstreaming activities pertaining to the improvement of the quality of partnership. This project is partially oriented towards the gender and the environment protection issues; whenever applicable it will also take into due consideration any aspects concerned with vulnerable groups disparities ACP Partners have been and will further be involved in all stages of project preparation and implementation. The consultation process is a continuing process, irrespective of the fact that pre-identification of this project was in itself achieved by means of processing suggestions and ideas directly seized in the Countries (interviewing of representative Entities; debates with the NAO Offices and the EC Delegations). Ownership is therefore expected to be achieved with a high degree of success. 6. Strategy analysis, lessons learned and link with complementary actions This project is part of a wider multi-country cooperation initiative, with a single focus on Good Governance which was agreed in the context of the EC/ACP political dialogue pertaining to 10th EDF programming. This modality of cooperation is fully compatible with the NIPs-based bilateral cooperation for each of the Countries involved not only because subsequent fine-tuning programming (identification of Activities/Times/Resources) will avoid overlapping or double funding but Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 147 also because (and mainly) it will deliver joint or common actions to be developed within the scope of a 6-Countries (common solutions for common problems), not single-Country oriented outputs. The project was designed and shall be implemented taking into consideration: i) past experience in implementation of the RIP PALOP (I and II editions); ii) results and lessons learned from any other (past or ongoing) projects financed by the EC or by other Donors, which may also reveal interesting degrees of affinity. 7. Proposed project description The overall objective, purpose and expected results referred to in section 1. are organised in a strict hierarchical line. The logical links between the identified problems and proposed objectives are demonstrated in section 4. above. Project elementary Activities will be determined at a next programming stage. However the following main project Components have been identified as the lines of action that may provide the proper response to the highly converging needs and priorities assessed within the targeted 6-Countries universe. A. B. C. D. Support to NGOs aimed at democratic dialogue and communitarian service Support to strengthening of independent and plural media Mainstreaming of cross-cutting issues pertaining to development cooperation (Gender, Environmental protection) Evaluation and development of the quality of partnerships (including the APRM). Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 148 8. Resource and cost implications (includes proposal for scope of ECOFIN analysis) An indicative allocation of 5 million Euro (or circa 15% of overall Initiative budgetary envelope under the EDF funding) will apply to the period of 2009-2013 and is to be distributed among the five components listed above. It should not be excluded that any matching funds from other Donors or the ACP Partners may also be allocated to the project. At this stage it would be premature to describe and detail the resources required for the implementation of this project, of which the Activity-level content will only be determined at a subsequent phase. 9. Implementation issues The issue of implementation (modalities; coordination structures; management procedures) will probably be the object of a decision at overall Initiative level. That decision should take into consideration the following aspects: - Practical lessons learnt from the RIP PALOP II coordination and management - Commitments issued out of the 2005 Paris Declaration on Aid Effectiveness - The 10th EDF financial framework and the applying standard procedures Considering the effectiveness and efficiency however it seems advisable to minimise, in any devisable circumstance, the use of the budget estimation mechanism. Local involvement and ownership should notwithstanding be granted an important role as far as coordination and management is concerned. Project monitoring and project evaluation mechanisms, including the determination of performance indicators and of alignment with other Donors’ procedures are to be described at the next identification stage. 10. Assumptions and risks Basic assumptions can be listed as: • • • No major changes will occur concerning the framework of cooperation between the EU and the group of six countries concerned by the new Initiative or among those countries themselves. A final agreement concerning the structure of the contents of the overall Initiative (including the precise determination of the projects and of its basic components) will be reached in due time considering the 10th EDF implementation schedule. Coordination and management principles, mechanisms and basic tools applying to the new Initiative will be agreed among all parties involved within a timeframe compatible with the completion of its final programming and its timely implementation. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 149 • • • • Implementation of all projects and related actions within the scope of the new Initiative may and will be implemented with a reasonable degree of simultaneity so that relevant inter-project synergies may be obtained. Adequate linkage between the RIP PALOP II and this project will be secured, namely by means of a timely availability of reports and of any relevant material outputs of the former. 10th EDF financial resources will be available in practical terms by or before project implementation start date. Project will be implemented within a reasonable delay with regard to preidentification stage, in order to avoid major mismatching between project goals and actual needs and priorities (as opposed to those initially targeted). Assessed risks concern mainly the non observance of one or more of the assumptions listed above. 11. Sustainability Sustainability was one of the key concerns at the preliminary programming stage of the new Initiative (identification of areas of cooperation and pre-identification of projects, including this one). Effective Ownership was considered as one of more important factors allowing for the generation of benefits beyond the period of the EC direct support to project implementation. 12. Next steps, work-plan and time schedule for the formulation phase Specification of Activities, Work plan, Time schedule, Executive responsibilities and allocation of Resources will be the object of a next programming stage as it could not be realistically performed at the overall pre-identification phase. Study of Identification of areas of governance for multicountry PALOP cooperation. Final Report 150