tor working with parliament

8/8/2019 TOR Working With Parliament

1/6

DRAFT 2

TERMS OF REFERENCE FOR THE STUDY ON WORKING WITHPARLIAMENT ON IMPROVING WASH GOVERANANCE IN UGANDA.

BackgroundThe Uganda national development plan identifies provision of safe clean waterand sanitation as key aspect in poverty eradication. The water and sanitationcoverage according to the Sector performance report 2009 has been steadilyincreasing and stands at 63 percent in rural areas and 72 percent in urbanareas. In a study by WaterAid in 20051, it was observed that despite thereported national increase in the coverage, equity in distribution is not beingachieved. In fact the level of inequity in distribution between parishes hasincreased over the years hence widening the gap between the haves and thehave nots. WaterAid Uganda is therefore promoting a stronger focus onequity, as part of a wider strategy to improve sector performance monitoring

and strengthen governance and accountability in the WASH sector.

Key Elements of WASH Sector Governance

Dimension Definition Generalexamples

WASH specificExamples

Capability Extent towhich leadersandgovernmentsare able toget things

done.

-Finance/revenue ( capex/opex)-Capacity andhuman

resources-Institutionalarrangements.

-Taxes, tariffs andsubsides.-Skills, knowledge,behavior.- Regulation &decentralization

Accountability

Ability ofcitizens civilsociety andprivate sectorto hold themto account

-Access toinformation anddecisions.Inclusivedecisionmaking.-Capable andactive CSOs

-Scrutiny in media,parliament,watchdog.-Multi stakeholderparticipation-Voice and socialaccountability

Responsiveness

Whetherpublic policiesandinstitutionsrespond to

-Rights and propoor policies-Corruption andintegrity.-Equity

-Defining rights andlegal standards.-Monitoring servicelevel / quality-Targeting unserved

1Study Of Factors Influencing Equitable Distribution Of Water Supply And Sanitation Services In Uganda June 2005WaterAid in Uganda

Page 1 of 6


2/6

needs ofcitizens

concerns

The WASH sector in Uganda acknowledges the need for improved governancein order to effectively address equity and sustainability concerns in the sector.

The National Water and Sanitation Working Group recently established a subgroup on Good Governance that has initiated various governance measures inthe last year below:

Fiduciary reports

A corruption report

Value for money auditsThere are many reasons why governance practices differ across the sector.The sector performance report of 2009 highlighted the need to conduct moreresearch and consultation to assess further the factors that contribute tobetter WASH governance and the need to work closely with parliament on

WASH issues in order to ensure equitable distribution of WASH resources.

WaterAid in Uganda has for some time identified parliament as a potentiallyimportant mechanism through which to strengthen accountability for WASHsector performance. A recent scoping study by WaterAid UK2 suggests thatparliaments can generally act in the following areas: policy-making andplanning; legislation and implementation; oversight and monitoring; andrepresentation. In theory, this means parliaments can influence nationaldevelopment strategies, allocate resources to them and monitor the results(including programmes relevant to WASH) but the effectiveness of thesedifferent parliamentary functions varies significantly across countries. Below

are the various acts that have been ratified by parliament, some need to berevised to address the emerging issues in the sector like Private SectorParticipation, Decentralization, and the Sector Wide Approaches and therevision of the no subsidy. As per time line these issues are post the some ofthe key WASH statutes. This applies to sanitation as well.

Constitution of the Republic of Uganda (1995),

The Local Governments Act (2000),

The Water Act (1995),

The National Water & Sewerage Corporation Act (2000),

The National Environment Act; The Land Act (1998), and amended 2009,

The WASH sector falls under the natural resources parliamentary committee.On annual basis (see below), the indicative plan/ MTEF is submitted toParliament on the 1st April for approval by the 15th May. Subsequently, the line

2 Making Parliaments Works for WASH: Scoping Study on Parliamentary Engagement. Background paper, June 2010.

WaterAid.

Page 2 of 6


3/6

ministries prepare the detailed budget estimates. The MFPED finalizes thebudget allocations and Cabinet approves the final budget before this issubmitted to Parliament in early June with the objective of completing thebudget by the end of June. The first year of the MTEF forms the basis of theannual budget allocations, which are voted by parliament.

The sector is still defining how its policy level relates with regulation:separating policy and regulation under supervision lines and fundinginvestment responsibility with parliament.

The business transacted during the 4th session of the 8th parliament (4th June2009 to 19th May 2010, parliament passed 22 bills of which 4 relate to theWASH sector (i.e. that on land, finance , youth and planning). 27 reports werepresented and adopted of which two were WASH related with regard to theenvironment. None of the petitions and loan requests under consideration andoaths made was wash related3.

Purpose: To review parliamentary functions relevant to improvingaccountability for WASH sector performance in Uganda, and to identifyopportunities and strategies for parliamentary engagement by WaterAidUganda and its partners.

ObjectivesSpecific objectives of the study:

1. Review parliamentary functions and their relevance to WASH in Uganda(policy making and planning; legislation and implementation; oversightand monitoring; representation).

3 The parliament of Uganda Report : Business transacted during the 4 th session of the 8th parliament 2009-2010

Page 3 of 6


4/6

2. Assess the strengths and weaknesses of existing accountabilitymechanisms relating to WASH sector performance at different levels inUganda.

3. Identify opportunities and recommend strategies for parliamentaryengagement by WAU and partners in order to strengthen governance

and improve accountability for WASH sector performance in Uganda.

Scope of Work1. Identify what roles and responsibilities parliamentarians have towards

insure Uganda meets WASH sector performance targets.2. Assess, analyze and document factors that facilitate WASH governance

of water and sanitation services in Uganda.3. Establish and analyze factors that hinder equitable WASH governance of

water and sanitation services

4. Identify policy weaknesses and or gaps associated with WASHgovernance of water and sanitation services.

5. Suggest practically feasible approaches to overcome such weaknessesor gaps at national, district and lower local government levels.

6. Examine the strengths and weaknesses in planning, budgeting andimplementation systems that lead to poor WASH governance andultimately inequitable service delivery at different levels.

7. Identify incentives that motivate such decision makers to improveWASH governance of water and sanitation services at all levels.

8. Review lessons learned from parliamentary engagement in othersectors and propose ways of working with parliament on WASH related

issues.9. Generate, analyze and document any other information useful in

developing national guidelines for achieving better WASH governance.

Key OutputsThere are three outputs expected from the study.

1. The intending bidding will be expected to prepare technical and financialproposals for the study providing details of methodology of how theyintend to conduct the study including data collection and analysis,formats for reporting of findings, time frames for key activities.

2. Draft reports for comments and discussion by the Sector stakeholders

and other selected stakeholders.3. Final Study Report of findings, recommendations and information that

will guide development of guidelines for strengthening governance andaccountability for WASH sector performance.

The proposal and reports should be presented in 2 hard copies and asoft copy.

Page 4 of 6


5/6

MethodologyThe consultant will develop appropriate methodology, tools and 8 selectsample districts in consultation with the client for purposes of drawingacceptable results from this assignment.

The 8 (three from WAU GTF project) districts should be representative of

different political situation, rural and urban characteristics, differentsocioeconomic, demographic, hydro-geological, relief, climate, andtechnology options zones.

The consultant will apply the tools and conduct discussion with key sectorplayer and parliamentarians and their committees during collection ofdetailed information on selected sample districts. Conduct extensive fieldvisits, meeting with District Water Officers, other relevant districtpersonnel and institutions, other water and sanitation sector actors andcommunity members. Review of available documentation (hard and soft)relevant to the assignment.

The consultant will present the findings to the directorate of waterdevelopment Governance Technical team plus selected stakeholders asmeans of final consultations before a final report is prepared andsubmitted (The cost of this for the participants and selected stakeholderswill be born by the client separately).

Responsibilities of the ClientThe client will provide the following

1. Assignment of a Contact and establishment of a Steering/TechnicalCommittee.

2. Introduction of the consultant to the various stakeholders forinterviewing.

3. Provision of available background documentation and information to theconsultant for the assignment.

4. Organise governance working group and selected stakeholders forpresentation and discussion of draft findings.

5. Timely feedback on draft reports, and attendance of appropriate staff forclarification meetings requested by the consultant

Timing and ReportingThe study will commence in beginning of 1st December 2010 and last a total

of three calendar weeks up to 21st December 2010. The 25 days coverpreparatory work, field work, report preparation and consultation meetings.Final reports must have been submitted by end of XX November 2010.

Profile of ConsultantsThe principal investigator and the co-investigator must adduce evidence ofwide experience in research in the water and sanitation sector issues in theprevious five years, excellent communication, good organizational and

Page 5 of 6


6/6

analytical skills, with significant experience and understanding ofdecentralization and decentralized service delivery. The team leader must bewilling to fully participate in the study and to accomplish the assignmentwithin the indicated time frame.

Background DocumentsThe main background reference documents are:

1. SIP 15

2. Fiduciary reports

3. Value for money reports

4. WAU GTF reports

5. Water and Sanitation Sector Performance Report 2009, October 2009.

6. Other relevant documentation and communications with DWD and/or

districts, NGOs, etc.7. Data from UBOS and DWD-MIS and any other relevant Water coverage

data.

8. WaterAid June 2009 UK Scoping Study on Making Parliaments Work forWASH

9. WAU 2004 Report on factors affecting distributional equity

10. WAU 2009/2010 report / baseline on equity and inclusion (draft )

11. WAU 2009/2010 Scoping Report on Sector Financing (Unpublished)

Page 6 of 6