DEPARTMENT FOR INTERNATIONAL DEVELOPMENT VIETNAM VEAP VIETNAM EMPOWERMENT AND ACCOUNTABILITY PROGRAMME DECEMBER 2011 1 Contents Abbreviations and acronyms Programme summary 4 5 What support will the UK provide? Why is UK support required? What are the expected results? BUSINESS CASE 1 Strategic case A. Context and need for DFID intervention Context and need for intervention Challenges to doing this in Vietnam Feasibility of success of intervention Evidence underpinning intervention Why is DFID’s intervention justified Limitation of intervention Consequences of not intervening Difference to poverty reduction B. Impact and outcomes 6 2 Appraisal case A. Determining critical success criteria B. Feasible options C. Appraisal options (a) Expected resource costs of intervention (b) Expected benefits of the intervention (c) Cost Benefit Analysis (d) Optimal design of the intervention 16 3 4 Commercial case 30 Financial case 32 A. How much will it cost B. How it will be funded C. How will funds be paid out D. How expenditure will be monitored, reported and accounted for Management case 33 A. Oversight B. Management C. Conditionality D. Monitoring and evaluation E. Risk Assessment F. Results and Benefit Management Annexes Annex 1: Budgets for Options Annex 2: Theory of Change Annex 3: VEAP Log frame Annex 4: VEAP Economic Appraisal 5 2 Abbreviations and acronyms CBF Capacity Building Facility CoST Construction Sector Transparency Initiative CSC Critical Success Criteria CSOs Civil Society Organizations DANIDA Danish International Development Agency DFID Department for International Development EC European Commission EITI Extractive Industries Transparency Initiative FCO Foreign and Commonwealth Office/Foreign Office for short GAPAP Governance and Poverty Policy Analysis and Advice GI Government Inspectorate GSDRC Governance and Social Development Resource Centre GOPA II Good Governance and Public Administration Reform IDS Institute of Development Studies INGOs International Nongovernmental Organizations ISOS Institute for State Organizations Science JIFF Justice Initiatives Facilitation Fund M&E Monitoring and Evaluation MOHA Ministry of Home Affairs MOJ Ministry of Justice MOU Memorandum of Understanding NA National Assembly NGOs Non-governmental organizations OJEU Official Journal of the European Union ONA Office of National Assembly RAPID Research and Policy in Development PARAFF Public Participation and Accountability Facilitation Fund SAV State Audit of Vietnam SC Steering Committee SDA Social Development Adviser SIDA Swedish International Development Cooperation Agency SRP Structural Reform Plan TA Technical Assistance VACI Vietnam Anti-Corruption Initiative Programme VASS Vietnam Academy of Social Sciences VEAP Vietnam Empowerment and Accountability Programme VNCLIP Vietnam Climate Change Partnership VUSTA The Vietnam Union of Science &Technology Associations UN United Nations UNDP United Nations Development Programme 3 Intervention Summary Vietnam Empowerment and Accountability Programme (VEAP): Creating coalitions for research, debate and participation in public policy making What support will the UK provide? DFID will help Vietnamese citizens engage with their Government by supporting two sets of activities: (i) formation of coalitions to influence policy making and implementation (£4 million) and (ii) engagement of civil society with the legislative and oversight agenda of the National Assembly (£1.5 million). Both components will run for four years from March 2012 to March 2016. These two components form a mutually supporting package of assistance to civil society in Vietnam. Why is UK support required? Vietnam has seen rapid development – both economic and social – over the last quarter century. By comparison, its institutional and political landscape has hardly changed, with top–down decision making and limited space for genuine participation. This raises questions about Vietnam’s ability to develop at its full potential, for which the ideas and contributions of all parts of society are required. The continuation of Vietnam’s development success story depends on the extent to which it can transform its political, economic and social institutions over the next 5-10 years to meet rising expectations. Tackling the challenge ahead calls for new ways of working. First, there needs to be a new approach that brings together relevant stakeholders to identify the most appropriate solutions to key reform agendas. Forming such coalitions is likely to yield more innovative and lasting solutions than government-driven approaches. At present, there is no support for such multi-stakeholder approaches. Where such coalitions emerge, they tend to be coincidental and lessons are not systematically learned for other policy arenas. Second, the complex procedures guiding Vietnam’s law-making process make it difficult for civil society and other external stakeholders to engage fully. This limits the possibility of exerting pressure for change and offering solutions to problems that the state does not have the capacity to address by itself. While a large number of national and international civil society organisations operate in Vietnam, they tend to be confined to service delivery activities and kept at arm’s length with regard to sensitive policy areas. Several development partners have small-scale funds that support civil society, but these tend to be isolated and unfocussed. Danida, one of Vietnam’s most active and long-standing development partners, has now developed an innovative funding mechanism that works under the auspices of the Office of the National Assembly and thereby links civil society support directly to the law-making process. However, this vehicle is unlikely to reach its full potential and operate at sufficient scale without additional financing. What will the programme do to address this need? VEAP will have two distinct components to address these gaps. The first component will provide funding to NGOs, academia, think tanks, mass organisations and the media to form groups or coalitions for change around themes of public concern. The specific themes will be determined during the six-month inception phase of the programme. These may include issues such as land reform, urban governance, environmental protection and 4 natural resource management. An organisation will be directly contracted by DFID to manage this coalition-building component. The second component will provide funding to civil society through a competitive call for proposals to engage in the law-making and oversight agenda of the National Assembly. DFID will sign a Delegated Cooperation Agreement to transfer funds to Danida. A Fund Manager will be contracted by Danida (also through competitive bidding) to manage the fund and technical assistance. The two components are designed to complement each other. The first is focussed on being directive and supplying targeted support whilst the second responds to demand from CSOs. This is a complex and difficult area to work in. The two components help spread risk, provide flexibility to work with different stakeholders and respond to opportunities and ensure that the whole of VEAP is more closely aligned to the legislative agenda of the National Assembly. What are the expected results? By 2015 we expect to see a more vibrant, articulate and dynamic civil society and a Government open and willing to engage with them as a result of this programme. Furthermore we expect substantial improvements in policy and implementation in key sectors where coalitions are active. The impact of the programme will be increased opportunities for Vietnamese citizens to engage in decision-making processes affecting their life and to hold decision makers to account. The direct impact covers both strengthened policy making and the recognition of the importance of non-state actors in that as well as deliver issue-based policy and development impact. The indirect impacts include keeping inequality in check, strengthened accountability and enhanced transparency. The outcomes will be key stakeholders acting cooperatively to address the needs and aspirations of Vietnamese people as reflected in media and legislation. In addition, there will be specific outcomes relating to the policy agendas supported by the two components. These will be defined during the inception phase, e.g. when identifying the themes of the coalition-building component. What are the planned outputs attributable to UK support? There will be two main outputs. First, coalitions will be formed to engage effectively on key policies of public concerns. Second, the engagement of civil society organisations in the legislative and oversight agenda of the National Assembly will be enhanced through the Civil Society Fund. The second output will be shared pro-rata with Danida. How will we determine whether the expected results have been achieved? We will develop a Monitoring and Evaluation framework during the programme inception phase in the first six months to monitor progress and results. We will undertake a thorough mid-term review in September 2013 and an independent evaluation on policy impact, effectiveness and sustainability as well as a lesson-learning study at the end of the programme. 5 Vietnam Empowerment and Accountability Programme (VEAP) Creating networks for research, debate and participation in public policy making Business Case 1. Strategic Case A. Context and need for DFID intervention Vietnam is at a critical juncture and needs inputs from all parts of the society to sustain economic growth and poverty reduction. There has been rapid economic and social development over the last 20 years and Vietnam is, in many ways, a development success story. By comparison, its institutional and political landscape has changed more slowly, with top–down decision making the norm and limited space for genuine participation. This raises questions about Vietnam’s ability to develop at its full potential, which requires harnessing the ideas and contributions of all parts of society. Indeed, new strains and stresses on the current development model are emerging as Vietnam transitions into a middle-income country. These include a more complex public policy context where solutions are less clear cut and Government of Vietnam (GoV) alone is less able to provide all the answers and to monitor what works and what could work better. Although Vietnam is a one party state dominated by the Communist Party of Vietnam (CPV), there is an increasing recognition that accountability mechanisms such as National Assembly (NA), State Audit of Vietnam (SAV) and decentralised decision making bodies are emerging as important actors since 20001. The National Assembly in particular is emerging as an important counter-balance to the power of the Executive, and plays a more visible role in holding Government to account and in the legislative process. However the development of accountability institutions is lagging behind rapid economic growth. Increased devolution to sub-national levels of government means they are not able to fully fulfil their oversight role. There is also acknowledgement that the social make-up of Vietnam is shifting. New interest groups are emerging - such as the youth, internal migrant workers, and salaried middle class. At the same time, other groups risk becoming increasingly marginalised such as ethnic minority groups, small-holder farmers or landless peasants.2 The search for a new development model goes hand in hand with the need to identify new ways of working for the GoV. A more intensive and effective collaboration with civil society provides a promising solution. Whilst in some ways vibrant in Vietnam, civil society contributes below its full potential to the socio-economic development of the country. It plays an important role in people’s lives: whatever the terminology, organisations are widespread and diverse. It is estimated that over 300 operate nationwide, over 2,000 at provincial levels, and tens of thousands exist at lower levels. These include NGOs, community based organisations, trade unions, consumer protection organisations, professional organisations, academia and research based organisations and so forth. These are henceforth referred to broadly as Civil Society Organisations (CSOs). There are also mass organisations which bring together some aspects of civil society under an officially recognised umbrella, the Vietnam 1 2 Vietnam Development Report 2010 M. Gainsborough, Vietnam,: Rethinking the State 2010 6 Fatherland Front (VFF), which forms an additional arm of the Party reaching down to local levels. Currently, CSOs engage the state and in the development process in four main ways with different intensity (i) being involved in policy and law making; (ii) delivering services; (iii) channelling citizens’ opinions to authorities and (iv) monitoring officials and holding them accountable. Some forms are easier, more permissible and more effective than others. Bridging the divide between the forms of engagement is critical. For example, the space for CSOs to carry-out monitoring and accountability work has been limited so far and has even become more restricted recently. One of the reasons is the insufficient trust between the GoV and the CSOs that have no experience working together around a policy agenda. Conversely, some parts of the state machinery are open and receptive to the collaboration with CSOs and there are real opportunities which do arise where non-state actors can play an important role. The rapidly changing context shows that there is a need for Government to embrace the intellectual, academic and grass-roots advice and evidence to ensure that public policy making is more inclusive of the needs and wishes of the population. Government needs support to open up on non-contentious issues to external input. CSOs need to be able to engage. To enable this to happen requires two processes to occur: firstly mechanisms for coalitions of individuals, groups, associations and institutions - including Government working on particular issues to come together to generate the evidence and political momentum for better policy making. Secondly, a process of building trust, confidence and acceptance that include multiple perspectives makes for better policy. Most of the fundamentals for strong and supportive links between state and non-state actors is already embedded in Vietnamese legislation and enshrined in institutions.3 However, moving from legislation to implementation is challenging. Citizen engagement with the state in practice remains constrained. Equally, the Government and National Assembly are open and receptive to expert advice, which is underpinned by facilitating legislation. However, much of this remains ad hoc and time-specific - around the production of a specific law, rather than a result of a sustained and sustainable inclusion of interest groups in creating legislation, monitoring it and holding the duty bearers to account. Some recent examples of coalitions working on issues in Vietnam (see Box 1 below) show there is potential for alliances between the state and civil society. There is a clear demand for empowered citizens to be part of the public policy making process. This would strengthen the links between citizens and the state and help ensure that the Government of Vietnam is able to respond more effectively to current and future development challenges. In the Vietnamese context we have seen signs that particular issues are grabbing the attention of policy makers and the public alike and provide a useful prism through which the linkages are being built. Three good but contrasting examples merit a description to help explain what this means in the box below. Box 1: Review of three emblematic examples of issues and coalitions in Vietnam For example, citizens’ participation in preparation of bills (the Law on Promulgation of Legal Documents, 2008), participatory planning at local and provincial level (promoted by the Ministry of Planning and Investment); mobilization of citizens to exercise their supervisory rights on government agencies (Law on Vietnam Fatherland Front); citizens’ participation in fighting corruption (the Law on Anti-corruption, 2005); role of professional associations in providing social commentary to government’s policies and programmes (Decree 22 on VUSTA). 3 7 Bauxite mining In 2008 there was a public outcry over the extraction of bauxite in mines in Central Vietnam. Vietnam has the third largest reserves of bauxite – the raw material for aluminum - in the world. These mines, managed and run by Chinese companies with Chinese labour, came into the spotlight through concerns of the environmental hazards. This has “provoked an unprecedented backlash from an unlikely assortment of critics. They include a nonagenarian war-hero, Vo Nguyen Giap, a dissident monk, Thich Quang Do, and a slew of leading scientists and environmental campaigners.” 4 There are environmental concerns, national interest concerns, and concerns about corruption and a lack of transparency which all come together. This issue has also been widely discussed in the press and in the National Assembly in an open and vigorous manner. It has led Government to justify the investment and opened the area to expert advice. This shows the importance of an issue of public concern to focus interest. However, there are downside risks to such a political approach as the anti-bauxite movement has become associated, in the eyes of Government, with ‘anti-state propaganda’, especially as it touches on the sensitive issue of Vietnam’s relationship with China. The bauxite movement remains a lively focus for discussions and there is a key website/blog commentating on a wide number of political, social and developmental issues. High Speed Rail The second example is how the National Assembly can act as a focus for the discussions effecting Vietnam’s development trajectory. In 2010 the issue of whether to start construction of a high speed rail link between Hanoi and Ho Chi Minh City (HCMC) was discussed in the National Assembly. For one of the first times, the NA flexed their muscles and rejected the proposal. 5 Whilst the space for debate (and rejection) was allowed by the Government, it has since opened up the public debate on the merits of public investment, debt levels and development priorities for Vietnam. There are opportunities to help the NA fulfil its oversight role by bringing in expert advice and setting out arguments in a clear, evidence-based manner. Anti-Corruption challenge fund The third example is from a donor-supported initiative which demonstrates that there is both demand from Vietnamese civil society for support in piloting small-scale innovative approaches and openness of Government to work directly with civil society. In 2009 the Government Inspectorate (GI) – which leads the Government’s fight against corruption – undertook a competition for civil society to make proposal bids for small grants to suggest ways to tackle corruption at a local level. The so-called Vietnam Innovation Day (VID) on “More Transparency, Less Corruption” was the first time that donors could work closely with Government and civil society simultaneously on such a mechanism and on such a sensitive issue. Already some small-scale initiatives are being scaled up (such as citizen report cards in hospitals). This has led to a repeat process which is led by the GI called the Vietnam Anti-Corruption Initiatives (VACI) in 2011. VACI 2011 attracted 160 proposals and awarded 34 small grants. Whilst the impact of the approach is too early to assess, the fact that a ‘safe’ space for CSOs to engage with Government on anti-corruption is a major step forward and points to real potential of this approach in creating a snowball effect. These three very different examples indicate that in the Vietnamese context: There are issues of public concern that provide a rallying point across sections of society which can promote change or shifts in policy. The National Assembly can act as a focal point for issues – both in initiating and sustaining them. Parts of Government are willing to listen, learn and work with civil society and other actors when it is seen to be beneficial. Different actors working together are more effective than working in isolation as they have a stronger voice and can link back into the system. An issues-based approach is the best entry-point for a DFID program to support civil society in Vietnam. The key to success would be identifying issues of broad concern and interest widely recognised as critical for the sustained socio-economic development of Vietnam such as environmental degradation, urban planning, and ethnic minority development. By focussing on particular issues of concern the intervention would seek to build links, networks or coalitions between a range of stakeholders - both state and 4 5 See http://www.economist.com/node/13527969 for a good summary See http://cachef.ft.com/cms/s/0/65255d72-7d6f-11df-a0f5-00144feabdc0.html for a good summary. 8 non-state - to have longer-term, constructive and multi-faceted forms of engagement. An issue-based approach has the vital advantage of working indirectly on issues of voice, political space and civil society empowerment rather than taking a more direct approach. This intervention could also include a renewed dialogue on the enabling framework for civil society. The draft Law on Associations is in its 16 th draft and the discussions between donors, civil society and the legislators were stopped some years ago. There is a need to bring it back to the development agenda. In spite of being a challenging approach in Vietnam, case studies show the feasibility of success. There are some significant challenges associated with this type of innovative intervention in the Vietnamese context. The first one is the acceptability of the project to the Government, and the identification of a facilitating 'home' within the Government machinery. The second is identifying issues where some real change can occur which do not cross over into activities which would be unacceptable to the Government. The third is correctly identifying the change agents and organisations that can, and want to, work together. None of these potential risks are insurmountable, as the case studies show. The risk section outlines mitigating measures. These include being open and transparent with all parties, ensuring that Government is comfortable with the approach and undertaking robust political economy analysis at the start of the intervention on particular issues to identify the drivers of change and the likely obstacles. Below we set out for two issues of broad concern and interest- namely environmental protection and urban planning as some possible coalitions and how they would work in practice (See boxes 2 and 3). Box 2: Engaging CSOs coalition for environmental protection Environmental pollution (including Carbon emission) has been the most burning environmental issue in Vietnam, given the increasing manufacturing and industry capacities. Back in 2002, nearly 4300 businesses were found seriously polluting (official survey) while the actual number could be much higher. In 5 years from 2003-2007, only 338 seriously polluting businesses (out of planned 439) have been actioned on, but during the same period, 548 businesses were newly found seriously polluting. One can find pollution cases disclosed in the press almost every day. Notably, the most recent cases are the Sonadezi and Thai Tuan. Ironically, Sonadezi is a waste treatment business, while the owner of the polluting Thai Tuan corporation sits in the People’s Council of Ho Chi Minh City. This presents to the authority a huge and cumbersome task to deal with polluting businesses. There are many reasons, including, but not limited to, weak governance: o o o o o The legal framework on pollution is weak. While the highest document for dealing with polluting businesses is the Decision 64/2003 QD-TTg. providing for developing a more comprehensive legal and policy framework, it indicates that the state budget could also be used to clear pollution by the identified businesses. This passes the costs of addressing pollution to the public while they should be borne by the businesses. There are many stakeholders (state / government, enterprises, affected people, civil societies, mass organisations, media, research community, etc.) in different stages: granting business permits, monitoring, actioning etc. but unclear roles and responsibilities. Law enforcement is weak and corruption could also prevent effective action. Administrative measures (fines, temporary or permanent closure of businesses) are not strong enough to incentivise businesses to install and run waste treatment facilities and prevent them from polluting. State enterprises are often overlooked. While preventing and addressing pollution requires efforts from all parts of the society, civil society organisations have a role to play. They could be more effective if they act together, if spaces are created for them to do so. They could be involved in the revision of the Environmental Law, Water Resource Law and Decision 64 through lobbying, doing background research (e.g. economics of pollution, or economics of resources taking into account pollution, distributional costs and benefits of pollution control, etc) to help justify a ‘fining’ framework to provide incentives for non-pollution businesses and prevent businesses from violating law; providing critics and oversight, building capacity. 9 VEAP is designed to create space to engage civil society organisations in helping the Vietnamese Government to address various issues. Under VEAP, CSOs will build coalition around specific themes and environmental protection could be one. A coalition will include not only NGOs, but also research institutes, mass organisations, and even government agencies which advocate change. Contributions from coalition members vary subject to their comparative advantages, but coherence is essentially important around the issues rather than individual leadership. Box 3: Supporting a coalition around inclusive urban planning Vietnam is undergoing one of the fastest urban transitions in the world. In 2030, almost half of the Vietnamese population will live in urban areas. While urbanisation is recognised as a driving force behind economic growth, if left unchecked its consequences could be disastrous: health problems, social unrest, environmental damage, pollution, and rural-urban tensions are all likely to worsen .The key urban centres in Vietnam are growing rapidly: the population of Ho Chi Minh City (HCMC) now exceeds 7 million. Whilst cities have master plans to 2025 which form the layout of spatial structure and guidelines for urban development, development remains chaotic and short-termist. The 2009 Law on Urban Planning sets a general framework for managing urban planning of Vietnam's cities. The Ministry of Construction is responsible for the regional construction plans. The establishment and approval of urban planning are regulated as follows: Urban renewal and development must be based on urban plans approved by competent state authorities. Urban plans must be set up by professional organizations recognized by the State, and subjected to all standards and rules issued by the State. Approved urban plans are legal basis for managing urban areas, implementing construction programs, preparing annual-short term-long term plans for urban renewal and development. The law also sets forth requirements of publicity and transparency in planning and designates responsible agencies. Under the law, a new urban plan must be publicized for at least 30 days following its official approval. There are numerous challenges to effective planning and implementation including a lack of horizontal coordination among agencies, high levels of centralization, and reliance on planning the settlement system by fiat (command and control), rather than a performance based approach and high population densities in the largest cities (80,000 per square kilometer in core Ho Chi Minh City) in conjunction with large numbers of industrial firms (often high polluters) and inadequate environmental infrastructure. Donors and international partners have tended to tackle technical issues, and often lack a citizen-perspective of seeing how the different issues intermingle and reinforce each other. Both the rapid growth of urban areas and the challenges present obvious areas for VEAP to engage on. In urban areas, coalitions cutting across the spectrum of society are more feasible: between the business elite, the rising middle-classes and Government officials, migrant workers who live in similar areas, the urban youth and so forth. Indeed, the intransigent issues cannot be tackled without working together. The Legislation provides the right basis for doing so, but implementation to date is weak. Coalitions can be formed to tackle some of the main issues. The potential themes include: transport and congestion; land use monitoring and green area protection; corruption and public resource management. Depending on the theme which matters in the area, a coalition would form resident associations, NGOs, academia, professional associations, the planning units in the city and mass organisations. It could be locality-specific or thematic – but would probably be in one city. Coherence around a theme and strong local interest would be critical for success. Evidence underpinning intervention Overall, evidence for these kinds of interventions is nascent, and is in the process of being generated and systematised better. The proposed initiative, with robust M&E, will add to the stock of knowledge and evidence for empowerment and accountability interventions. 10 Box 4: Definitions of key concepts ■ Civil Society Organisations include NGOs, community based organisations, trade unions, consumer protection organisations, professional organisations, academia and research based organisations and in the case of Vietnam mass organizations. ■ Empowerment means enabling people to have more control over their own development and supporting them to have the power to make and act on their own choices. ■ Accountability means ensuring that officials in public, private and voluntary sector organisations are answerable for their actions and that there is redress when duties and commitments are not met. ■ Empowerment and accountability interventions are those that enable people to have the resources and capability to have greater choice and control over their own development and to hold decision-makers – including governments and service providers – to account. ■ Coalitions we define from the literature as formal or informal alliances which form – often temporarily - to press for a particular change or defend particular issues. ■ Coalitions for change is closely associated with DFID programs with the distinguishing feature of not focusing upon providing support to or through a single organisation, but instead seeking to work with a number of different partners (both state and non-state actors) in support of their collective efforts to shift change around an issue or problem. Source: DFID Emerging Guidance on empowerment and accountability, 2011 Evidence – Vietnam There is limited evidence in Vietnam of external actors successfully working with civil society to bring about change. However, there are examples of what is possible and what can work, and what the pitfalls are. The 2008 study “Forms of Engagement between state and civil society organisations in Vietnam”, funded by DFID and Finland, confirms that there is growing engagement between civil society groups and state authorities in policy and law making, monitoring officials and holding them accountable and conveying citizens’ voice. However, it argues that this is the hardest area for them to engage on. Networks/coalitions that originated from an issue of genuine common concern and interests would sustain a vibrant membership, creative activities and generate actions for change. See examples in box 1. The approach of providing capacity building, setting-up networks and then providing grants to local NGOs to perform monitoring and accountability tasks has had mixed success in country so far. The lessons learned have been that there was weak commitment to and few incentives for an “imagined” network. For example, the Anti Poverty Policy Study group (APPS) was established by Oxfam Great Britain as a network of local NGOs to work on poverty policy and advocacy under the auspices of VUSTA (the Vietnam Union of Sciences and Technology Associations). However, a lack of a common platform, weak commitment and weak involvement of all members as they saw themselves as competitors rather than representing mutual interest groups led to the gradual dropping out of APPS members. By contrast, the example of Vietnam Anti-Corruption Initiative in box 1 indicate that there is potential for small grants to local NGOs and civil society to work on particular issues and a high level of demand in society for such support. Evidence – International 11 International evidence is mixed with regards to the role of civil society and nascent with regard to the potential of coalitions to bring about change. There are numerous successful examples of challenge funds for NGOs internationally, but much depends on context and set up: there are also a lot of poorly designed and poorly implemented mechanisms. Overall the evidence is limited. Coalitions for better development A Governance and Social Development Resource Centre (GSDRC) report6 shows that programmes designed to support ‘coalitions for change’ or create constituencies for reform are growing and diverse in scope. According to the report, this broad approach has been applied to a range of multi-sectoral and sectoral programmes as well as multistakeholder initiatives7. The coalition approach developed by DFID has been applied in Burma and in Nigeria. These programmes use political economy analysis to identify issues that may cut across existing political, social and economic divisions and provide opportunities for transforming existing relationships and institutions. Their distinguishing feature is that they do not focus upon providing support to or through a single organisation, but instead they seek to work with a number of different partners (both state and non-state actors) in support of their collective efforts to shift change around an issue or problem. Coalitions for change: some lessons learned Experience from other coalition building initiatives shows that coalition building requires significant investments of time and energy – but the returns are considerable. Coalitions can achieve what one organisation cannot achieve alone, making those who would otherwise be weak more able to defend their interests. Coalition Building – World Bank Communication for Governance & Accountability Programme (CommGAP) 2010 defines coalitions as “self-conscious, freelyorganised, active and lasting alliances of elites, organisations and citizens sharing partially overlapping political goals”. The CommGAP paper focuses on coalitions to influence policy changes – one of several roles that coalitions in this programme could play. But it contains some useful lessons for coalitions of all kinds, particularly on communication which has to have a clear message and be well-targeted. Coalitions are more successful where there is a clear issue. In Nigeria, organising a coalition round wetlands and water management in the North of the country was particularly successful. It cut across different states, informal power structures and worked with local communities and Federal Government to bring about change in water management system and financing. This was possible due to having a concrete issue which affected directly the livelihoods of the local population. Transparency, accountability and citizen voice for better State There is emerging evidence on the impact of initiatives to improve transparency, accountability and citizen voice in a number of countries. For example, a recent Institute of Development Studies synthesis report8 based on 10 years of research reviewed evidence of impact of a range of initiatives9 designed to make information available to citizens (transparency) and make government more accountable. By mapping over 800 observable effects of citizen participation, the authors concluded that each type of 6 GSDRC helpdesk report: coalitions for change 7 Such as the Extractive Industries Transparency Initiative (EITI) and the Construction Sector Transparency Initiative (CoST). 8 Blurring the Boundaries: Citizen Action across States and Societies, IDS 2011 9 Initiatives included strategies to make service delivery more accountable (e.g. complaints mechanisms, public information campaigns, citizen report cards and score cards, community monitoring and social audits; budget transparency and accountability strategies (e.g. participatory budgeting), public expenditure monitoring, participatory auditing, the Open Budget Index, etc; initiatives to secure freedom of information and transparency, including initiatives focused on making revenues from natural resources more transparent. 12 initiative, in the right conditions, can contribute to a range of positive outcomes10. The evidence identifies several critical success factors for all such initiatives. On the civil society side, these include the capabilities of citizens and organisations to access and use information and to mobilise, and the extent to which interventions are linked to broader forms of collective action and mobilisation. On the state side of the relationship, key factors include the degree of space for demands to be made, the degree of ‘political will’ or support for accountability and demands and initiatives; and the broader political economy, including the enabling legal frameworks, incentives and sanctions which affect the behaviours of public officials. However, the study was not unambiguous or rose-tinted about the benefits of increased citizen participation. It pointed to a flip side of negative impacts of efforts to promote citizen engagement such as dependency on intermediaries, lack of accountability in networks and the risk of a violent or coercive state response. These all need to be factored into the design. This is also reiterated in the findings of a multi-donor evaluation in 2008 from ODI of Voice and Accountability programming.11 This evidence suggests that rather than focusing on specific tools, programmes to promote accountability or responsiveness should be based on an understanding of where there is scope for state and civil society actors to work together in coalitions. Working politically There is emerging consensus that the evidence shows a need to work more politically and bring political economy analysis to the forefront of development interventions. The DFIDsupported research An Upside-down View of Governance from the Centre for the Future State (2010) draws together findings from a five-year research programme.12 It explores how elements of public authority are being created through complex processes of bargaining between state and society actors, and the interaction of formal and informal institutions. The key message from the research is that coalitions can be powerful ways of shifting the political debate and provides a range of examples to support this. However, it also states that context is key and interventions need to be well-grounded in the local realities and complexities. Impact on poverty reduction There is growing evidence that approaches based solely on building government capacity and stimulating the private sector have failed to address real barriers to effective poverty reduction13. Poverty persists and the benefits of growth and democracy have not always been equitably distributed across society. Empowerment and accountability can deliver improved results by strengthening poor people’s power and influence over their own lives and the development process. It will change the relationship between the poor and the powerful, target corruption, and build constituencies of support for broader processes of change. There is some evidence that broad coalitions that included powerful groups have contributed to improvements in service delivery and transformational political change. A 10 For example increased state or institutional responsiveness, reduced corruption, better budget utilisation or delivery of services 11 Rocha Menocal & Sharma, Joint Evaluation of Citizens’ Voice and Accountability, ODI, 2008. 12 The Centre for the Future State (2010) An Upside Down View of Governance, Brighton: IDS 13 Strengthening Empowerment &Accountability in International Development: Emerging Guidance 13 recent Research and Evidence Department mapping of the evidence on empowerment and accountability tries to identify the impacts that empowerment and accountability have made to both service delivery outcomes in health and education as well as impact on governance outcomes. 14 It recognises that the line between fostering coalitions and poverty reduction is not always clear or direct, and may result through gradual shifts over generations. However, if coalitions are effective at influencing (and monitoring) pro-poor policy, for example, the theory is that this will result in positive changes further down the implementation chain (e.g. on school performance). Thus it is expected that empowerment and accountability initiatives will have an indirect impact on poverty reduction by strengthening the institutions necessary for citizen empowerment and sustainable poverty reduction. How does this fit with DFID priorities Working with civil society is central to DFID’s priorities in Vietnam. DFID’s Country Governance Analysis for Vietnam identifies accountability as the weakest aspect of governance15 (compared to capability and responsiveness). Indeed, DFID has sought to engage with civil society for some time but have not found suitable entry points. In 2009 we agreed a civil society strategy but we have struggled to articulate in programmatic form what our support should look like. However, as part of our planning for the closure of the DFID Vietnam programme in 2016, we have identified accountability strengthening as the core of our governance agenda, and with the Government’s agreement, have included our proposed work on civil society in our Development Partnership Agreement. This is complementary to the support to strengthen state institutions such as the State Audit of Vietnam and the Government Inspectorate, including our work on anti-corruption. A key part of the DFID Vietnam Operational Plan and the Embassy’s Country Business Plan is the proposed work to support public participation and accountability work to empower poor people and to help make institutions more accountable to them. This approach is designed specifically with DFID Vietnam’s legacy in mind as we move towards programme closure. The intervention will increasingly serve as a cross-HMG platform for engagement with a broad range of non-state actors on key issues which are vital for Vietnam’s development. As part of the DFID exit strategy we will ensure that in the final year of our intervention we are able to learn and disseminate lessons effectively and ensure that supported organisations have plans in place for future financing. This fits within broader DFID priorities which have placed an increased emphasis on empowerment and accountability. The Development Policy Committee approved a new approach in the ‘Strengthening Empowerment and Accountability in International Development: Emerging Guidance’ in February 2011. This means that countries are expected to place increased emphasis on accountability in particular depending on the context. The strategic case put forward here is in line with the new guidance. Consequences of not intervening There is a strategic opportunity for DFID to leave a legacy in one of the most challenging areas of development, and we are well-placed to play this role. Currently there are few partners and projects that promote public participation and accountability work by CSOs (Oxfam, CARE, The Asia Foundation, and Justice Initiative Facilitation Fund). These few 14 15 RED. A preliminary mapping of evidence base for Empowerment and Accountability DFID Vietnam Country Governance Analysis, 2011. 14 mechanisms focus on grant allocations for proposals by CSOs that are fragmented both in geographic areas as well as content. Support that is either project-based or limited to training will not build the sorts of coalitions that might bring about real changes, or increase the likelihood that changes that do happen will be pro-poor. Opportunities to reinforce the state- society interface for genuine policy making would be missed. This aspect is explored further under the counterfactual in the options set out in the appraisal case. Working with others Other donors such as Danida and the UN are designing interventions to promote the monitoring and accountability role of CSOs. DFID will work closely with them to create synergy in this important but sensitive area of work. The UN will be engaging on the regulatory aspect. B. Impact and Outcome Impact and outcome –details The impact of the programme will be increased opportunities for Vietnamese citizens to engage in decision making processes affecting their lives and to hold the decision makers to account. The direct impact includes: Strengthened policy making: policy making and monitoring processes on key issues identified is strengthened through better evidence, stronger participation in the decision making processes, more robust development, and implementation and monitoring of laws. Importance of non-state actors recognised and accepted: Multiple perspectives in policy making are accepted by policy makers as important and valid in Vietnam Issue-based policy and development impacts: these will be identified in inception phase and will be the focus of engagement for the coalition. The indirect impact includes: Inequality kept in check Accountability strengthened and transparency enhanced The outcomes will be key stakeholders acting cooperatively to address the needs and aspirations of Vietnamese people. There are two outputs: (i) formation of coalitions which can effectively engage on key policies of public concerns; (ii) enhanced engagement by civil society organisations in the legislative and oversight agenda of the National Assembly. Monitoring and Evaluation This is an innovative, national level approach which will require well-developed and systematic M&E from the outset. The monitoring system will need to be designed in a flexible manner to respond to programme development. This is a key part of the work to be undertaken in the inception phase. Important for the programme will be the lessons learned (from both successes and failures) of a relatively untested approach in a difficult context, which will be disseminated. The M&E approach is laid out in more detail in Section D, the Management Case. 15 2. Appraisal Case Theory of change Good governments respond to their citizens' demands in order to provide high quality services and effective and legitimate government. Civil society organisations and movements (campaign groups, mothers' unions, journalists, chambers of commerce, unions etc) are effective vehicles to articulate citizen demand though of course they represent the interests of different specific groups and vary in legitimacy and effectiveness. DFID has sought to support civil society in Vietnam but has struggled in the past to find an effective way of doing so. It is difficult to identify the most effective and legitimate organisations to support and even when this is done, it is possible to strengthen an individual organisation and their particular perspective without necessarily strengthening overall citizen voice on a particular issue or effecting change. This is a particular challenge in Vietnam where the government has only recently (and patchily) come to terms with civil society organisations operating outside government and such organisations are therefore often particularly weak or inexperienced. As Vietnam progresses towards achievement of all the MDGs, the key development challenges in the country are increasingly around equity, quality of services and access to economic opportunities, all of which are issues that require strong citizen participation. DFID has therefore chosen to work with coalitions of civil society organisations operating on a particular issue, the theory being that change has been achieved historically when a range of different interest groups campaign together on a particular issue - a broader base of citizens' views are mobilised which increases the chance of achieving change and it is harder for the government to argue that only one partial view is being represented. These coalitions will engage and may include actors from within Government as experience in Vietnam suggests that working together rather than in contestation is the most effective way of getting things done and for change to happen. Outcomes and outputs The principle outcome for the programme will be the key stakeholders acting cooperatively to address the needs and aspirations of Vietnamese people as reflected in media and legislation. This will be achieved through the following three outputs: (i) Formation of coalitions which can effectively engage on key policies of public concerns; (ii) Enhanced CSOs' engagement in the legislative and oversight agenda of the National Assembly though the Civil Society Fund with ONA; (iii) Regulatory framework strengthened in monitoring and accountability work which allows a more permissive approach to regulation and engagement of non-state actors. In the final option selected, this will be delivered by the UN. The ToC considered all options at this stage. Impacts The intervention is expected to increase opportunities for Vietnamese citizens to engage in decision making processes affecting their life and to hold decisionmakers to account in terms of impact. This is reflected directly in three areas: (i) Policy making strengthened: Policy making and monitoring processes on key issues identified is strengthened through better evidence, stronger participation in the decision making processes, more robust development of laws and those laws and policies are implemented more completely through more continuous and effective monitoring by citizens. (ii) Nonstate actors’ importance recognised: This impact is that multiple perspectives in policy making are accepted as important and valid in Vietnam for their contributions to longer 16 term sustainability and development. (iii) Issue-based outcomes dependent on the coalition focus: It is expected that the programme will have a limited number of focus areas depending on where opportunities occur and political economy analysis points to areas of potential successful coalitions. These could be in environmental protection, corruption, urban planning or any other areas which are decided by criteria established by the programme. A theory of change for each coalition would be built up with this being the direct impact of that coalition. There will be direct impact on the issue as a result of the coalition. The indirect impacts which the intervention will help support are the following: Inequality kept in check: Inequality has remained relatively low in spite of the rapid growth during the last two decades. But there is a significant risk that inequality will start to grow over the next decade as has been seen in other lower-middle income countries. This intervention will open up the policy space to a wider array of perspectives which will bring a focus on inequality. Accountability strengthened; transparency enhanced: The forms and mechanisms for accountability have failed to keep pace with the rapid economic development in Vietnam. Transparency remains an important first step along the path to strengthen accountability. The programme will promote open, transparent approaches to evidence building and policy making. As a by-product of the intervention the indirect impact will be to enhance effective oversight of both formal (e.g. National Assembly) and informal accountability mechanisms (e.g. Media, community oversight) which will depend on more transparency. Assumptions There are a set of key assumptions that are implicit in the theory of change based on prior programme experience and evidence of successful approaches. That coalitions are able to be built which cut across different interests (i.e. are sufficiently broad) and adopt a productive engagement approach rather than a confrontational approach which would be a sure path to failure in Vietnam. That Government is willing to engage – or rather not shut down the space for engagement and that the issues chosen are not too sensitive or cross the invisible red lines of policy discussion. That the National Assembly continues on its current reformist path. That there is a basic minimum of capacity already within civil society which is able to bid and manage small grants of sufficient interest and impact that it can be taken to scale. That the challenge fund acts as a springboard for broader based coalition. That better evidence and inputs from coalitions is communicated effectively enough to influence the policy makers. And that DFID Vietnam has sufficient capacity to deliver all three outputs mentioned above There are also a set of assumptions at impact level which are important: That two or three coalitions gain sufficient momentum in 4 years to be self-sustaining and/or impact real change on the ground. That the evolution of political change in Vietnam is positive and smooth. That working in coalitions – or collectively – is more effective than working individually to promote policy change as suggested by the robust contextual experience and an increasing international evidence base. The VEAP Theory of Change is summarised in Diagram 4 below. 17 PROBLEM The space for and contribution of non-state actors to debate, generate evidence, influence policy making and monitor its implementation is limited. The gap between (relatively good) legislation and implementation is significant. Government trust of non-state actors is low and regulation restrictive and unclear. Capacity of non-state actors to engage individually and collectively is weak, and few suitable platforms or coalitions currently exist. Consensual decision-making and hierarchical structures in Vietnam places additional constraints on the engagement of civil society. INPUTS Coalition building (£4.0m) Challenge fund (£1.5m) for CSOs PROCESS OUTCOMES OUTPUTS Stakeholder/ Political economy analysis informs issues and themes choice; capacity strengthened Call for fund mechanism established based on clear criteria; capacity of local NGOs enhanced. All key stakeholders acting cooperatively to address the needs and aspirations of Vietnamese people as reflected in media and legislation. Coalitions built to deliver high quality advice, engagement and challenge around key issues Small grants + support results in enhanced CSO engagement in the legislative and oversight agenda of the NA Wide range of CSOs more able to engage on critical issues Evidence generated for policy making and monitoring. Evidence used effectively NOT INCLUDED IN VEAP OPTION – DONE BY THE UN Regulatory framework strengthened (by UN) Redrafting of regulatory framework to facilitate CSOs’ monitoring and accountability role Review of and dialogue on the regulatory framework Assumptions: Broad based coalitions are able to be formed in the Vietnam context and that Government remains open to discussing with non-state actors. Also, that the NA remains a force for positive change in the country and CSOs are capable of engaging on key issues of public concern. Finally, that there are issues of public concern which cut across horizontal and vertical levels. Diagram 4: VEAP: Theory of change 18 Regulatory framework strengthened. Assumptions: The key assumption is that the limited timeframe of the project will enable robust, fully-fledged coalitions to gain traction over policy making. Also, the political context matters as there is a risk that there is restricted space for CSOs to operate. Finally, that policy change leads to actual impacts on inequality and accountability. IMPACTS Increased opportunities for Vietnamese citizens to engage in decision making processes affecting their life and to hold decisionmakers to account. Resulting directly from: 1. Strengthened Policy making 2. Non-state actors recognised and accepted 3. Issue based policy and development outcomes Leading to indirect longer term impacts: 1. Inequality kept in check 2. Accountability strengthened and transparency enhanced B. Feasible options DFID Vietnam has gone through a process of considering how best to support civil society, and in our civil society strategy we considered numerous options. We have considered and rejected at a first stage the following options: Topping up other small funds, such as Finland’s Local Development Fund and the EC’s Non State Actor Fund. Topping up existing small funds means we have limited control over their design and scope. We also consider that the size of potential DFID support would make these unwieldy. We would also lose strategic direction by joining pre-existing and well-established funds. Supplementing the FCO’s Strategic Programme Fund for Human Rights and Democracy. The FCO’s Fund could be topped up but the Embassy would not have teh staff to manage an enlarged fund. This would also reduce the scope of possible applicants and not allow flexibility. Providing separate resources to the UNDP directly for civil society engagement. DFID’s support for the UN as a single entity in Vietnam means we cannot provide project-level support. It would also diminish our direct influence over the programme, and the UN does not have a comparative advantage working with CSOs in particular. There are three feasible options for appraisal as follows. The counterfactual (no support given) is included below. Option 1: Single programme to support coalitions for change (cost: £4 million) What it would involve DFID would set up a new programme solely financed by the UK and contracted out to an independent organisation capable of managing VEAP (INGO or private sector company). The programme would consist of one component only: to foster, support and finance coalitions which work in particular areas or on particular issues. It would provide directive funding to NGOs, academia, think tanks, and mass organisations and media to work around specific themes and develop coalitions over the course of the programme. Only 3 or 4 themes would be adopted over the course of the programme. It would also be able to work with Government and the NA. It is a supply-driven approach which identifies opportunities and areas for engagement rather than demanding proposals. Diagram 1: Option 1 19 Independent Home Issues-based coalitions Support Facility (run by Managing Organisation, i.e. INGO, consortium or company Issues based Coalition Example 1 Land reforms Issues based Coalition Example 2 Urban Planning Issues based Coalition 3 Environment Protection Issues based Coalition Example 4 EITI The tentative budget for Option 1 is included in Annex 1 How it would work The contracted Managing Organisation (MO) would have a six-month inception phase. This would: Undertake a scoping study of active civil society in Vietnam as a starting point to understand the issues/areas where organisations are engaged. Undertake political economy analysis (PEA) in key themes or issue areas (with approximately 6-8 themes chosen for analysis). Initial themes to emerge during the design could include land reforms, urban governance, environmental protection and natural resources. Develop a set of prioritised issues based on the PEA in which there is (i) public interest; (ii) policy reform possibility; (iii) range of stakeholders already engaged. The criteria would include degree to which equity is central. The number of themes selected will depend on the available resources of the programme. Outline a clear theory of change in selected themes and develop log frame for each issue. Develop overall M&E framework for VEAP. Develop an overall communications strategy. Establish an independent advisory committee (outside the project) of people who can provide comment, advice and suggestions. Following approval from DFID of the outputs from inception phase, including the issues for consideration, the MO would develop a rolling programme for each theme. This will include: Identifying a coalition coordinator(s) who will act as focal point for all work in the theme. The nature of the coalition depends on the theme but the proposal is that it is informal, has clear objectives, has external dynamism and push and fits within the overall objectives of VEAP. To be successful, coalitions must not be branded as DFID-supported or VEAP-formed. However, at a policy level DFID would help push and support the reform dialogue strategically. Sub-contracting parts of work to stakeholders identified, following due diligence. This could be directed grants for research, advocacy, monitoring or piloting of approaches to oversight/monitoring/advocacy. This can be at national, regional, 20 provincial or any other level deemed appropriate. Where local initiatives are supported there should be a clear mechanism to ensure scale-up and replicability from the outset. Engaging with broader stakeholders: Develop working relations with parts of Government, the CPV, National Assembly and mass organisations which support reform or could block reform. This can be with research projects, joint programmes to pilot, or provision of high quality technical assistance on key areas. This will depend on the issue and need identified for supporting coalitions. Selected elements of larger research (e.g. surveys) which strengthen the link between Executive/Legislature and population can also be supported if they align to the overall objectives of the programme. These can include public opinion surveys on the performance of the National Assembly which would also feed into the M&E of the programme. These will require pre-approval from DFID as part of M&E plan. Ensure working with the media is supported in each of the coalitions. This is twofold in that coalitions have both media included as members as well as developing a strong communications strategy as part of the approach of the coalition. DFID would directly manage this project, using the advisory committee every six months to provide expert comment, advice and critique. There would be no government agencies involved in managing the project overall. However, the Managing Organisation would work with the appropriate government counterpart for different initiatives and would obtain authorisation as required by Vietnamese law. The Managing Organisation would suggest appropriate internal governance arrangements. Evidence for this option There is limited evidence of issues based coalition work in Vietnam but there are examples as set out in the strategic case. One of the most demonstrable one was the victory of the campaign “to save the public Reunification Park”- known to be the “lungs” of Hanoi - from being privatised to be turned into Disneyland by private companies in 2007. This grew into a new campaign to reverse the subsequent decision by the Hanoi Authorities to give part of the land of the Park to private companies to build a five star resort in 2009. A network of outspoken professional individuals connected to government’s officials, journalists, the Urban Planning Association, coordinated by the Canadian NGO HealthBridge, was catalysed by a virtual public campaign by on line and print media. Four inter-related factors brought about success: first, the people speaking out had sufficient and timely access to information; second, they had personal connections to leaders at the appropriate level and branch of government that makes decision, and are viewed as professional experts who leaders will take seriously. Thirdly, success requires a support base in public opinion that is in favour of the activists. Finally, the media is able to report and reflect activists’ and the public’s views.16 There is a need to nurture and reinforce the checks and balances role of fragile and nascent civil society outside the state. The home should be safe, where CSOs can get support to develop “courageous” work as well as draw funds to implement them. The institutional set up needs to be enabling, flexible, opportunistic and responsive to changing circumstances, and persistent in keeping pushing for opening up space for policy dialogue. An INGO with proven experience in policy and advocacy in Vietnam would be an ideal option for such a “home”. This is because of the difficulties of external actors operating in Vietnam without both a track record and a level of acceptance from Government. 16 Andrew Well-Dang. Informal Pathbreakers: civil society networks in China and Vietnam. A thesis submitted to the University of Birmingham for the Degree of Doctor of Philosophy. March 2011 21 Channelling funding through an INGO to support CSOs is a common modality for donors. In the informal consultation on DFID’s Vietnamese Civil Society Strategy with government agencies, all informants advised donors to channel the fund through an INGO which has a proven record in this field. MPI’s official line is that it encourages donors to work through INGOs. The advocacy–oriented INGOs (Oxfam, Action Aid, CARE, and The Asia Foundation) have been pushing the boundaries and taking the “space” both for them and to support local civil society to do policy and advocacy work. The common approach for the INGOs’ policy/advocacy work in the last decade has been to fund research to provide evidence to the relevant government institution in charge of the policy. Private companies can also bring in international expertise and knowledge, and are increasingly being used by donors in this area (e.g. JIFF). International evidence set out in the strategic case shows that evidence of issues based coalitions for change is limited, although the base is growing with some good country examples of effective DFID programmes supporting coalitions. Thus we consider the evidence supporting this case to be limited, but will use the experience to add to the global knowledge and evidence bank. This option would be classified as an innovative approach. Impact on climate change and environment This option involves issue-based advocacy. It therefore does not have direct negative impact on the environment. Among the issues of public concern, environmental (e.g. pollution, degradation of national resources) and climate issues could be an advocacy agenda item. It is envisaged therefore that there will be an indirect positive impact on the environment. There is a very small probability of more consultants/experts engaged in the programme flying which increases carbon emission, and thus has a negative impact. Categorisation: C (No / Low potential impact / Opportunity). Option 2: Provide direct support to coalitions AND a NGO fund mechanism (cost: £5.5 million) What would Option 2 involve? This option has two components, separately contracted. However, combined they make a coherent package of support by addressing both supply/directive support and demand/responsive support to CSOs and other stakeholders, working within and outside Government. Component 1: A single £4 million programme to support coalitions for change, exactly as described under option 1. Component 2: A £1.5 million support provided to a new NGOs Fund. This would be co-financed with Danida, contracted out but with the Office of the National Assembly acting as the Government counterpart. Diagram 2 for Option 2 22 VEAP DIAGRAM 2 Independent Home ONA Home Issues-based coalitions Support Facility (run by Managing Organisation, i.e. INGO, consortium or company) Small grant scheme and TA to NGOs (under auspices of ONA, co-funded with Danida, run by the Fund and TA Manager) Issues based Coalition 1 Land reforms Issues based Coalition 2 Urban Planning Issues based Coalition 3 Environment Protection Issues based Coalition 4 EITI Grants Making to NGOs through Calls of funds mechanism TA and capacity building to NGOs The tentative budget for Option 2 is included in Annex 1. How would Option 2 work? Component 1: This would be established and run exactly as described in above option 1. The only addition would be a mechanism to coordinate and communicate between the two components to ensure synergy as appropriate. We don’t propose an additional or burdensome overarching management arrangement but a light-touch way by DFID staff to share experience and harness benefits. Component 2: DFID would work with Danida to establish a civil society fund to provide small grants to promote their engagement in law-making and policy development processes and monitoring of law and policy implementation at national and sub-national levels. For Danida this is part of a broader support, but DFID would only co-finance this component.17 The programme is at the final design stage and has the Government’s approval. The objective of this component is to broaden the range of NGOs engaged in the policy making process, creating space for small-scale initiatives which can work at local, provincial and national levels. It is a demand-led fund and based on competition. . DFID would sign a delegated cooperation agreement with Danida, who would be responsible for contracting and direct management of the funds. DFID would be engaged by providing strategic oversight and direction and be represented on the selection panel. 17 DANIDA is in the process of designing phase two of the Good Governance and Public Administration Reform (GOPA II), scheduled for 2011-2016. There are three components. The first two components of GOPA II are going to focus on Public Administration Reform and Human Rights Education and Research and housed at MOHA and VASS respectively which DFID will not support. The third component is on public participation and accountability, with direct support to the NA and a NGOs fund. DFID will co fund the latter one. 23 The Government home that has been identified and agreed for the fund is the Office of the National Assembly, who will provide oversight and direct linkage into the policy and lawmaking processes. This component would be contracted out to a Fund Manager who will control the funds and provide some targeted technical support and capacity building. The total fund for this will be £3.1 million. Danida’s current budget for this subcomponent is approximately £1.6 million (£1 million for the NGO fund and £600,000 for national and international technical assistance). DFID would provide funding of up to £1.5 million, with £1 million earmarked directly for the CSO fund. The fund (currently called Public Participation and Accountability Facilitation FundPARAFF, but the name may change) will work in the following way: Maximum of two calls for proposals a year for 3 years based on a specific theme. In the last year no more grants would be made. The maximum amount of each grant would be £25,000 with approximately 10-15 grants made in each round, depending on quality and size. This means the proposed number of grants made is approximately 60-90 over the course of the programme. The total (DFID+Danida) amount available for the grant mechanism itself is about £2 million over the four years. Around £1,100,000 will be available for communications, M&E, technical assistance, capacity building, important studies identified and cover the costs for a professional fund manager. The themes for the call for proposals will focus on the legislative and oversight agenda of the National Assembly for the next five years. This will be agreed upon by the steering committee, but can be very broad or comparatively focussed. The actual management arrangements for the fund are covered in more detail in the management case. Benefit of two components The benefits of establishing a facility with an independent home forming coalitions through a supply-led approach and a challenge fund responding to demand and innovation but with the Government home are the following: Strategic oversight from DFID maximises synergies fro both sides. Formal arrangements will be made to ensure cross-fertilisation. Best of both worlds: Depth, quality and independence from the coalitions component; outreach, quantity and linkages to the Government and formal institutions. Natural linkages of the programme back into the Government system, in particular the legislature, with the ONA acting as a home for the NGOs fund. Recognition in the Strategic Case that working on supply and demand is imperative to fostering trust and changing the relationship dynamic between society and the state. Opportunities for harvesting the smaller engagements of the NGOs Fund into broader-based coalitions. This would ensure that we can scale up good initiatives. Working with the National Assembly which is identified as one of the most progressive and reforming elements of the Vietnamese state, with a clear mandate and responsibility in this area. Opportunity to strengthen both horizontal and vertical accountability. Lesson learning from working with different agencies would be cross fertilized. 24 Whilst these would be managed separately, built into the programme design would be the opportunity for feedback, joint working and shared agendas and work plans. Evidence (for component 2) The NGO Fund was designed following the model of the Justice Initiatives Facilitation Fund (JIFF), a component to support CSOs engagement in the Justice Partnership Programme with the Ministry of Justice, supported by Danida, EC and SIDA. JIFF was the first Challenge Fund for NGOs that was set up under the auspices of a government ministry, approved by GoV. The purpose of JIFF is to enhance the capacity of NGOs to contribute to awareness of rights and access to justice and judicial reforms. After a year in operation, JIFF proved to be broadly working. The first call of proposals received 73 applications. 13 proposals have been awarded and projects are being implemented. For the Vietnamese context, the fact that JIFF is up and running, making a call for funds, receiving proposals able to reward the best based on transparent criteria, and winners are implementing their projects is evidence of a success in itself. It is too early to measure the impact the programme is having, which is why evidence is nascent. One lesson is the need to be focussed in the call for proposals as scattered activities are not likely to generate the critical mass needed for substantial change. Significantly, the MoJ has been proven to be a good home for JIFF. Very nervous at first with this perceived to be very politically sensitive component, MoJ started trusting in the Fund Management Team and becoming a supportive host. Work plans, once approved by the Steering Committee, were implemented smoothly. The ONA has been home for many projects focusing on parliamentary reforms. However, this NGOs Fund would be the first substantial project to facilitate CSOs’ engagement with legislative and oversight functions of the National Assembly. The ONA would be the most legitimate home. However, as development of civil society is still a sensitive issue, this project cannot go beyond the legislative and oversight agenda of NA. Our consultations with the ONA show they are willing for DFID to join. As for option 1, the overall evidence of this approach in this context is considered as limited. This is an innovative project and a difficult operating environment. Impact on climate change and environment: Similar to option 1, this does not involve construction or interventions that could potentially pose direct risks to the environment and climate (again, very small likelihood of increased emissions by more consultants/experts flying against business as usual). Also, civil society would be provided space and capacity for better engagement in environmental agenda. Categorisation: C (No / Low potential impact / Opportunity) Option 3: Comprehensive approach: support to coalitions, CSO fund mechanism AND strengthen the regulatory environment What would Option 3 involve? This option has three components which takes a comprehensive approach to the civil society sector: Component 1: A single £4 million programme to support coalitions for change, exactly as described under option 1. Component 2: A £1.5 million support provided to a new NGOs Fund, exactly as described under option 2. 25 Component 3: An accountable grant for small technical support of £0.5 million to work with the Government to reform the legal and regulatory environment governing civil society. This would be in coordination with the UK Charities Commission working with the Ministry of Home Affairs. Diagram 3 for Option 3 VEAP DIAGRAM 3 ONA Home Small grant scheme and TA to NGOs (under auspices of ONA, cofunded with Danida, run by the Fund and TA Manager Independent Home Issues-based coalitions Support Facility (run by Managing Organisation, i.e. INGO, consortium or company Issues based Coalition 1 Land reforms Issues based Coalition 2 Urban Planning Issues based Coalition 3 Environment Protection Issues based Coalition 4 EITI Grants Making to NGOs through Calls of funds mechanism TA and capacity building to NGOs Accountable Grant to Charities Commission Regulatory Framework engagement NGO sector Review Tools by ISOS & Charity Commission Follow up Activities With ISOS/ MOHA The tentative budget for Option 3 is included in Annex 1. How would Option 3 work? Components 1 and 2 These would be established and run exactly as described in above option 1 and 2. Component 3: In addition to the above components, DFID would agree an accountable grant with the UK’s Charities Commission to work with the Ministry of Home Affairs to improve both the legal framework and overall regulatory environment for domestic civil society. The purpose would be to try to reopen the policy dialogue on the topic of regulatory framework, which has been frozen in the last couple of years. DFID would agree an accountable grant with the UK’s Charities Commission to open up engagement and to carry out the NGO Sector and Regulation Review Tool. It will work with the Institute for State Organisations Science (ISOS), a think tank under the MOHA. They have indicated a willingness to engage. The NGO Sector and Regulation Review Tool is a tool to help countries undertake an assessment of their NGO sectors. The Tool provides a methodology for assessing the sector. Using it, the assessment team will be able to: (i) obtain information on the NGO sector, its size, activities and diversity; (ii) map the regulatory mechanisms in place; (iii) identify any gaps or weaknesses in the regulatory coverage; (iv) assess the effectiveness of regulatory systems; (v) identify strategic priorities. 26 This exercise would include a genuine consultation with the sector in order to assess the effectiveness of the regulations and to recommend the improvements. The component would also support the implementation of the strategy depending on the political buy-in of MOHA. Following this review, we would assess whether additional support was required. Advantages of this additional component and a comprehensive approach: This option provides the most complete support possible to strengthen both the demand side of civil society and its regulatory environment. The critical advantage provided by adding component 3 is opening up a dialogue channel with the Vietnamese authorities on the sensitive issue of CSO regulation. It marks a higher level of ambition for DFID’s support and would put us in the clear lead in this area across all development partners. Evidence of component 3: The UK Charities Commission has engaged successfully in a range of country contexts, including in Asia. Most recently they have applied the tool to the NGO sector in the Philippines and Indonesia and have had a positive outcome. It is a well developed tool which can have success in bringing together stakeholders and mapping against externally recognised normative standards for NGO/CSO regulation. 18 However, the applicability of the tool to a one party context depends very much on the willingness of the Government to engage. Given the stalled dialogue on this issue it remains unclear whether there is real political commitment within the Party or the Government to allow external actors to really engage on this sensitive issue. There is no evidence of other donors having had much success in this area to date. The UN is best positioned as a more neutral partner to work on this area and is in the new One UN Plan 2012-2016. Impact on climate change and environment: The impact assessment is the same as under option 2, as the addition of the regulatory component has no material difference to environmental/climate change risk. Categorisation: C (No / Low potential impact / Opportunity) Counterfactual: No DFID investment The support by donors and INGOs to civil society is scattered and unfocused. If DFID decides not to provide support to VEAP, it is likely that the expected benefits will not occur and opportunities missed. In the absence of any other partners supporting coalitions on key issues we will see a continuation of the status quo at best. By 2015, we would expect trust between civil society and government to remain thin in the absence of opportunities for them to work together. Policy making will remain top down and not take into account the views and evidence of citizens. The economic case outlines in more detail what the implications are of doing nothing. Below is the mapping of current support to civil society by donors and INGOs. This suggests that some progress will be made but that it will be far from optimal without DFID support. UNDP supports a capacity building project with Vietnam Union of Sciences and Technology Association ($1 million). The UNDP project objectives are to strengthen VUSTA's capacity to represent its member organisations' interests in contributing to the government's policy-making processes. UNDP is in the process of formulating specific support in this area including engagement in regulatory framework. 18 For more detail see http://www.ngoregnet.org/ 27 EU, Denmark and Sweden provide support, as mentioned above, to the Justice Initiative Funding Dacility (JIFF) which was established in 2009 to provide grants to NGOs within access to justice and related issues. JIFF has been assigned a total of Euro 3 million for 5.5 years, of which Euro 1.7 million are assigned for the grant scheme. Finland operates a “Fund for Local Cooperation” on the themes of human rights and Governance, Environmental Sustainability, Private Sector Partnerships. EUR 100,000 per year. Canada operates a grant scheme on “Basic Needs” and “Participatory Governancne” for Vietnamese NGOs at approximately 50,000 USD per grant. European Union provides funding to European based NGOs for partnerships with Vietnamese NGOs on poverty eradication and partnership building, EUR 7.7 million over 3-4 years. Irish Aid operates 4 grant programmes for NGOs in the period 2011-2015 directed towards disability, HIV/AID, women, children, gender, trafficking, and transparency. The largest programme “Civil Society Facility” will disburse Euro 1-1.5 milion per year for 4 years. The other programmes are considerably smaller. The Asia Foundation, Oxfam and CARE proivide a few small grants to local NGOs for policy and advocacy work DFID, WB, SIDA Finland, Belgium, AUSAID provides support to the Vietnam AntiCorruption Initiative led by the Government Inspectorate by providing grants to the winners local government agencies and CSOs to implement innovative projects to improve transparency, accountability and fight against corruption. DFID has already committed £750,000 over 6 years. In spite of this rather long list there is a real sense in the consultations which we undertook as part of the preparation of VEAP is that there is a clear gap in the current support provided. None of the existing funds, with the exception of JIFF in the justice sector or VACI with the Government Inspectorate, try to bridge the gap between governmmet and civil society. This is the critrical value added of VEAP. Summary table for rating evidence In the table below we rate the evidence for each of the options. Option 1 2 3 Evidence rating Limited Limited Limited Summary table for categorising climate change and environment risk and opportunity Option Climate change and environment risks Climate change and environment and impacts, Category (A, B, C, D) opportunities, Category (A, B, C, D) 1 2 3 C C C C C C C. Appraisal of options Costs: 28 Option 1: Single programme to support coalitions for change The costs of this option would be £4 million, which is funded solely by DFID. Option 2: Provide direct support to coalitions AND a NGO fund mechanism. The total costs of this option will be £7.1 million, of which DFID will pay £5.5 million. Danida pays £1.6 million. Option 3: Comprehensive approach: support to coalitions, NGO fund mechanism AND strengthen the regulatory environment The total costs of this option will be £7.6 million, of which DFID will pay £6 million. Danida pays £1.6 million. Counterfactual: Zero cost to DFID. Benefits: Option 1: Single programme to support coalitions for change Social and Institutional/political Coalitions will be formed to promote change in at least three areas of public concerns such as land reforms, urban governance and environmental protection. Non-state actors such as NGOs, research institutions, academia and media will have a chance to provide evidence into developing and monitoring public policies that have potential big impacts on poor/ordinary people’s lives. Policy making and monitoring processes on key issues identified will be strengthened through better evidence and stronger participation in decision- making processes. This will lead to more robust development of policies, which in turn will be implemented more completely through continuous and effective monitoring by citizens. The ultimate aim of this process will be to have public policies that are more pro-poor, gender-sensitive, conducive to delivering better services, efficient and effective in collection and use of resources (e.g. state budget, land, natural resources) that will generate development outcomes for the poor. Non-state actors’ importance will be recognised by showing that they can engage positively. By ensuring coalitions have both state and non-state actors it is hoped that multiple perspectives in policy making and monitoring will be gradually accepted as important and necessary for Vietnam to ensure longer term sustainability and development. Even though gender issues may not be picked up by the programme as key issues of public concern, gender considerations will be mainstreamed into key issues that the programme will focus on. Economic: Undertaking an economic appraisal of an empowerment and accountability programme which is trying to influence change is widely recognised as challenging and merits several caveats. Importantly, not all the benefits can be quantified and the economic appraisal does not try to cover them all, but selects some particular benefits which may occur as a result of the programme as a proxy. We look at the costs and benefits of the proposed options for coalitions (land reforms, urban governance, environmental protection and natural resources management) using available evidence to come up with the expected changes/benefits and then available data to quantify these benefits. For details, please see Annex 4 for the VEAP economic appraisal. Based on the evidence outlined in the full Economic Appraisal, the expected benefits of Option 1 would include: 29 more transparent, efficient and equitable use of land resources; better access of the poor to more efficient public services such as housing; transportation and water supply; better governance in natural resource revenue; reduced environmental pollution. The quantified benefits using proxy indicators for Option 1 are: increase in land and natural resources tax revenue; efficiency gains in transportation, electricity and water expenditures for the poorest 10% in urban areas; and saving in private health cost for the poorest 20%. The reason for using these proxy indicators are the likely areas of focus. There are challenges quantifying benefits from the programme so the economic appraisal has set out in a series of assumptions and likely areas of engagement what difference the programme could make at impact level. It needs to be emphasised that VEAP would not make all the contribution to the above results but a small fraction (the discount rate) of 0.1%. The economic appraisal sets out in more detail the rationale underpinning this. The Net Present Value of this option is £3.6 million the benefit cost ratio is 2.2. Environmental: The issues will be identified by a political economy analysis during the inception of the programme but it is likely to focus on environmental protection as one of the key areas. Activities under environmental protection might focus on working with environmental NGOs to increase citizens' participation in environmental monitoring from water quality to Environmental Impacts Assessment and Strategic Environment Assessment, improve citizen-government interface to address environment-related grievances, promote better access to information related to the environment, support policy research and advocacy efforts and linkages to the NA, and support sharing of lessons learned and networking initiatives among environmental NGOs. Option 2: Provide direct support to coalitions AND a NGO fund mechanism. The costs for option 2 would be higher at £5.5 million, but these would associate with additional benefits, in addition to the ones outlined in Option 1 as follows. Social and Institutional/political: Through the NGOs Fund mechanism, grants will be given to NGOs to carry out research to provide evidence to the law- making and oversight agenda of the National Assembly in the 13th tenure. The small grants mechanism will allow more NGOs to engage in much more diverse thematic areas of the legislative and oversight agenda of the NA. As for the NGOs’ engagement in the formulation of laws, research to contribute to preparation of bills will be supported. With respect to the monitoring of public policies and the implementation of laws, funds will be given to mobilise citizens to exercise their supervisory rights on government agencies and citizens’ participation in fighting corruption. Likewise, this mechanism will support initiatives that include strategies to make service delivery more accountable. It will develop initiatives including complaints mechanisms, public information campaigns, citizens’ report cards and score cards, community monitoring and social audits, budget transparency and accountability strategies (public expenditure monitoring, participatory auditing, the Open Budget Index etc.). In addition, the programme will support initiatives to secure freedom of information and transparency, including initiatives focused on making revenues from natural resources more transparent. The programme 30 will place emphasis on promoting public participation and accountability of ethnic minorities. The Gender Equality Law and the Law to Control and Prevent Domestic Violence are key to the oversight agenda of the NA. The already strong and vocal gender NGOs would continue to engage in monitoring of these important laws. Furthermore, the issues of differential retirement age for women which is a key constraint to increase women’s political participation will be a hot point of discussions at the NA in several upcoming laws: revised Labour Code revised Social Insurance Law. So there will be venues for gender activists to continue this long- standing fight. Also, MOHA is preparing a policy on quota for women in representative bodies for the NA’s approval. Hence this is another important issue for NGOs to engage in. Training on key issues related to good governance, and in particular to public participation and accountability, including budget analysis, as well as in programme management will be delivered to NGOs. This training will help to strengthen NGOs’ capacity to engage. The potential impacts of this successful NGOs Fund scheme are significant. The importance of non state actors in policy making and monitoring would be officially recognised by the NA, government and the Party. Spaces for CSOs would be more open. Intensive NGOs’ engagement would lead to more evidenced-based, robust policy making and monitoring. The added value of having two components is that good small-scale initiatives may be taken up within broader coalitions. Having a two- pronged approach is broadly recognised during consultations as the most effective set up. Economic: In addition to the benefits outlined in Option 1, the additional issues likely to be covered by Option 2 and the expected additional benefits are as follows. Improved access of the poor to education and health services; Efficiency gains in health and education expenditures for the 20% poorest; Efficiency gains in public investment; Increase in ethnic minority income; Improved opportunities for women to participate in economic, social and political activities. The additional quantified benefits using proxy indicators for Option 2 are: Efficiency gains in health and education expenditures for the 20% poorest; Increase in ethnic minority income. We also note several benefits that we do not have data to value such as: Increase in wage employment for women; Strengthened voice and accountability, and democracy. The net present value of Option 2 is £6.4 million. Even with a smaller chance (only 30%), of success in tackling ethnic minority poverty, given the highly challenging nature of reducing this stagnant poverty, the net present value of Option 2 is £6.1 million. The benefit cost ratio of Option 2 is 2.48. Environmental: The official legislative agenda of the NA is not yet available but it is likely that it will target the following laws related to environment: revised Environment Law, Water Law and Sea and Islands Law. Environmental protection is always included in 31 parliamentary oversight work, so it is highly likely that the already strong environmental NGOs would not miss the opportunities to engage in this agenda. Option 3: Comprehensive approach: support to coalitions, CSO fund mechanism AND strengthen the regulatory environment The costs for option 3 would be higher at £6 million, but these would associate with additional benefits, on top of the ones outlined in Option 1 and Option 2 as follows. A more facilitating regulatory framework for civil society actors to engage in policy development and monitoring processes is expected after the implementation of the NGO sector review tool. A better, more open and receptive environment for civil society engagement in policy making and implementation can result in strengthened voice. People, particularly the poor and marginalised sectors of the population can have more voice and influence over decisions that affect their lives which would lead to: Enhanced transparency and accountability: The operations of governments and development agencies are open up to public scrutiny and mechanisms are set up to hold these agencies accountable for the implementation of policies Strengthened democracy: processes with civil society participation are often more democratic and equitable, enabling citizens to share decision-making power with elected representatives and other agencies. There is no available evidence now for us to monetise these benefits. So we do not quantify the benefits of a strengthened regulatory framework separately. The net present value of Option 3 is £6 million. Including sensitivity on the limited chance of success to reduce ethnic minorities’ stagnant poverty, the net present value of Option 3 is £5.7 million. The benefit cost ratio of Option 3 is lower than Option 2, given the increased costs, at 2.27. Sensitivity Analysis In the EA we run sensitivity analysis around the key assumptions. These are captured in summary below. Growth: if growth slows down we would expect revenue and sector expenditures, and household expenditures to fall accordingly. A slow down to 4% would still mean a strongly positive net present value, £5.4 million and a benefit cost ratio of 2.25 of the preferred option, option 2. Ethnic minority situation: It has become very difficult to increase ethnic minority welfare over the last five years. The chance of improving in this area is likely to be smaller than in some other areas targeted by the programme. However reducing the chance of success in this area does not affect much the benefit cost ratio or net present value of all options. Targeted group of beneficiaries: the calculations involve health and education expenditures that would benefit the 20% poorest of the general population, transportation, electricity and water expenditures of the 10% poorest of the urban population. Real poverty rates are lower, for example at 13% of the general population and 4% for the urban population in 2010. If the gains are calculated for smaller groups, e.g. 10% poorest of the general population and 5% poorest of urban population, the net present value and benefit cost ratio are still £3.2 million and 1.73 for option 2. 32 In case of growth slowing down to 4%, and targeted groups being halved, these figures are still $2.49 million and 1.58 respectively. Balance of costs and benefits: The results of the cost-benefit analysis of all three options are outlined above. All options have high positive net present values and benefit cost ratios bigger than 1. Option 2 has the highest NPV at £6.4 million and BCR at 2.48. The relevant figures for option 3 are £6 million, and 2.27, and option 1 £3.6 million and 2.2. We do not quantify the benefits of component 3, present only in option 3 only. So its figures are relatively underestimated compared to those of the other options. All figures are likely to represent underestimated total monetized amounts of benefits that the programme can help bring about. We use a very modest rate of efficiency gains - only 0.1% of spending that the programme expects to improve. However, attribution from the programme is very difficult to assess given the nature of the intervention. We do not quantify several other benefits or benefits that could continue well after the programme completes as changes take root. It should be clear from the above description that while monetary values can be put on some of the expected benefits, many of the most significant benefits cannot be monetised. The true net benefit taking into account the non-valued elements is likely to be much higher. A comparison of the three options in purely economic cost-benefit terms showed that Option 2 is the preferred Option. The economic appraisal shows that the benefit that can be monetised will exceed the costs of the programme. The potential benefits are of a sufficient magnitude that missing one or two of them would still justify the cost of the programme. The likelihood of achieving these benefits is sufficiently greater for Option 2 to justify the additional costs. Option 2 is also likely to generate significant benefits, which will also offset the increased cost of the option. Identifying preferred option Comparison of the costs and benefits above indicates that Option 2 not only offers a greater likelihood of achieving the primary benefits (qualitative and quantitative), but also offers the prospect of secondary benefits from project funding that would be likely to outweigh the additional cost. By having these two components together there is a far more powerful possibility created for synergy, outreach and real impact. Based on the above analysis and the comparison of benefits to costs, Option 2 (Issues based coalitions and NGO Fund though ONA home) is identified as the preferred option. Decisive factors are: It offers the greatest potential for building the linkages that are key to the programme impact and outcome. It helps to spread the risk by having two components. Including the ONA component ensures safer official home to safeguard monitoring and accountability work by CSOs and promotes Government and official buy-in to the process. It will also have flexibility to work with different stakeholders and respond to opportunities. The advantage of having the option 2 with the ONA means it is more closely tied into the legislative agenda of the Government. The NGO fund ensures the breath of coverage and the scale of outreach to NGOs across the country. Having a greater number of engaged CSOs means that there is a greater potential to link up between components. Finally, as DFID moves into the last five years of its presence in Vietnam, the management capacity will diminish as we draw down staff. Whilst option 1 is the 33 most easily manageable with one fund, the addition of the NGO fund component 2 will be initially resource-intensive but by year 2 it will be smooth running with delegated cooperation in place. We have built into this option strong management from external contractors as fund managers to ensure that DFID’s input is at a strategic rather than operational level. Adding an accountable grant to work on the regulatory framework would significantly increase the burden on DFID while the hard work may not be paid off in this politically sensitive environment. This would mean that, looking across our portfolio, we would have to leave this work for the UN and others. This effectively excludes option 3 from the preferred option. The likelihood that this programme will also increase the impact of other DFID programmes in Vietnam such as the Anti- Corruption Strategic Fund, economic and governance trust funds with the World Bank and the UN, and our climate change programme provides an additional justification for investing in this programme rather than using the money in other ways. There may also be synergies with MDG programmes as DFID begins to phase out (e.g. HIV-AIDS financing coalition or services for ethnic minorities). These will be explored during the inception phase. E. Measures to be used or developed to assess value for money: The economic appraisal looks at a number of measures to assess value for money, such as net present value and benefit cost ratio. The appraisal uses a number of financial proxies to value the expected benefits. We will ensure a baseline assessment is carried out in each of the specific areas of engagement identified by the inception phase. We will also monitor the outcomes and impacts, and analysis to verify the benefits and the value for money indicators claimed in the economic appraisal. We will adopt a number of other measures including: Ensuring that technical assistance overheads are commensurate with the market rates. Require CSOs receiving grants from the programme to embed value for money monitoring, for example reporting on unit costs. Prioritise capacity building for CSOs in order to sustain results beyond the life of the programme as part of the coalition and ‘learning by doing’. Develop weights to attach to the more challenging but rewarding areas of intervention, e.g. ethnic minority poverty/livelihoods, to adjust for the importance DFID attaches to the pro-poor and gender agendas. 3. Commercial Case A. Clearly state the procurement/commercial requirements for intervention This project involves both direct and indirect procurement. We will provide support to coalitions through a contract signed with a Managing Organisation selected from the competitive bidding (direct) and support a civil society fund through a delegated cooperation arrangement signed with Danida (indirect). Danida will contract a Fund and TA Manager for this component. 34 B. How does the intervention design use competition to drive commercial advantage for DFID? Component 1. The programme’s results are process oriented and specific objectives/outcomes will not be available right at the start. Issues will be identified during the inception phase (in the first six months). We will sign a two-phase output-based contract, of which the output of the inception phase will be the political economy analysis and agreement on individual log frames for coalitions/issues. Specific outcomes will be articulated in each of the policy areas on which the programmes will work in Phase 2. Once the contract enters the main phase, we will amend the TOR and contract, setting out results based project outcomes for the supplier. The pricing model that pays by results on the quarterly basis will be applied. Performance will be monitored by DFID. We will work closely with PrG to ensure the development of a well thought through ToR that sets out clear expectations of suppliers regarding: • The application of DFID Standard Terms & Conditions of contract; and • The application of DFID Policies and Standards (e.g. travel & living expenses for supplier staff) Component 2: Although we will agree a delegated cooperation arrangement with Danida and rely on their performance processes, we will ensure that DFID is part of the selection committee for the Fund and TA Manager and sits on the Steering Committee. C. How do we expect the market place will respond to this opportunity? The market views these opportunities (both components 1 and 2) positively hence DFID’s bargaining power is high. This type of work is attractive to International NGOs working in Vietnam as well as private companies who may not be based in Vietnam but are interested in this specific area. There will be a relatively competitive supply base for the required services and there are several suppliers with the skills, scale and capacity to do the work. The nature of VEAP requires a specific set of skills including sensitivity to the political context. Likely bidders may need to either form consortia with other bidders or subcontract a significant proportion of the service provision. The main supplier (Managing Organisation) plays an extremely important role and will add value to the programme through (i) deep local knowledge, experiences and skills on nonstate actors’ engagement in policy making, (ii) deep knowledge about the policy making and policy monitoring process in Vietnam, (iii) ability to grasp opportunities to influence the process, (iv) ability to coordinate various components and (v) strong financial and human resources. These will be fully reflected as the evaluation criteria in the Invitation to Tender. D. What are the key underlying cost drivers? How is value added and how will we measure and improve this? VEAP will mainly procure services and spend only a small proportion of the budget on buying equipment in the beginning to set up the Managing Organisation’ office. Therefore two main cost drivers that can impact the total cost of this project are (i) possible double management fee if subcontractors are selected to do various parts and (ii) goods inflation 35 (in addition to raising general living costs, goods inflation can affect the cost of services such as consultancy and its related charges). Although it is unavoidable to give work to some subcontractors given the diversified and complex nature of this programme, the possible double management fee (main and sub contractors) will be taken into account carefully, both at the Invitation to Tender stage and at the contract negotiation stage to ensure DFID achieves value for money. E. What is the intended Procurement Process to support contract award? PrG confirmed that there is not a suitable Framework Agreement for this, so we decided to run competitive bidding. The selected route is the Restricted Procedures under the EU Procurement Directives. The minimum timeframe for this process is approximately four to six months after the project is officially approved. We will work closely with PrG throughout the process. For component 2 Danida will follow the same procurement procedures using OJEU. F. How will contract & supplier performance be managed through the life of the intervention? Component 1. The contract will clearly state the main contacts from the supplier and also that supplier has clear points of contact in DFID for both contractual and technical issues. This is to ensure a clear and smooth communication between both sides from the beginning. The contract will specify the key elements of the way the project will be carried out, including a plan, deliverables and expectations. There will be a risk register which clearly defines who is responsible for which risks. The programme progress/Managing Organisation’s performance will be reviewed on a quarterly basis. This ensures close and smooth communication between DFID and the MO. The MO, through this formal channel, will communicate with DFID at an early stage if they think that things are potentially going wrong. Remedial action can be taken in a timely manner. Component 2. Danida will be the primary contact point for management, with DFID delegating authority to them. However, we will work with Danida to ensure similar milestones and performance tranches are developed and included in the contract and over the life of the programme. 4. Financial Case A. How much it will cost The total cost of the programme will be £5.5 million over 4 years. Below is the budget: Option 2: medium Components Issues based coalitions Management fee M&E Small grants scheme through ONA Management fee Total 3,200,000 600,000 200,000 2012/13 400,000 112,500 37,500 2013/14 1,200,000 150,000 50,000 2014/15 1,000,000 150,000 50,000 2015/16 600,000 187,500 62,500 1,250,000 160,000 445,000 320,000 325,000 250,000 62,500 62,500 62,500 62,500 36 5,500,000 772,500 1,907,500 1,582,500 1,237,500 The financial costs are fixed as the programme is due to end in March 2016. There is no scope for time or cost extension. B. How it will be funded: capital/programme/admin Funding will come from DFID Vietnam programme budget. C. How funds will be paid out Direct procurement: PrG will sign a contract with the selected Managing Organisation and they will be reimbursed quarterly in arrears on satisfactory performance. Indirect procurement: Donors, including DFID Vietnam will sign a joint MOU with ONA. In addition to the joint MOU, DFID Vietnam will sign a delegated co-operation arrangement with DANIDA and transfer contributions twice per year to an account created by DANIDA for this project. D. How expenditure will be monitored, reported, and accounted for Direct procurement: The Managing Organisation will submit a quarterly financial statement to DFID and a forecast for the next quarter, which can be used for financial planning. Any capital assets procured under this Intervention will be treated in accordance with DFID procedures. Should assets remain at the end of the Intervention they will be returned to DFID Vietnam. Rigorous monitoring and accounting of expenditure will take place using the ARIES system and DFID Vietnam procedures for inspecting invoices to ensure value for money and compliance with agreed budgets. Indirect procurement: The expenditures will be closely monitored through four main reports submitted by Danida, including: (i) the annual progress report; (ii) the annual financial statement, (iii) the audit report of the preceding fiscal year and (iv) the work plan and budget for the subsequent fiscal year. 5. Management Case A. Oversight The primary stakeholders for this programme, in addition to DFID and DANIDA and any other donors are the Office of National Assembly (ONA), the state and non state actors engaging in the coalitions for change, the NGOs benefiting from the NGOs Fund their beneficiaries and constituents (indirectly), and the implementing partners (Fund Managers and NGOs) . Donor oversight 37 Component 1: Issues based coalitions DFID will directly steer the Managing Organisation, using the advisory committee to provide expert comment, advice and critique. DFID will have steering meetings with the Managing Organisation initially at three month intervals, moving to six month intervals after March 2013. The key roles for the steering meetings will be: Review of overall strategy , the selection of Issue-based projects Reviewing and discussing periodic monitoring reports from the Managing Organisation. Discussing implications for future strategy. Advising on any other strategic decisions. Component 2: Support to NGOs Fund DFID, DANIDA and ONA will be on the Steering Committee for Component 2: The Steering Committee will initially meet at three month intervals, moving to six month intervals after March 2013. Key roles for the Steering Committee for Component 2 will be: Approve the substantial criteria for applications eligible for PARAFF funding, including procedures and changes to these. Approve the grant types eligible for PARAFF support (core support, project support, and capacity development support). Approve the TA programme (developed by the Fund Manager) Approve members of the Grants Advisory Committee tasked with the responsibility of review and approval of grant applications. Approve theme, scope and timing for Calls for Proposals. Approve annual work plans and budgets. Approve the reports from the Fund & TA Manager. Decide on recommendations made by programme reviews. Review, comment and/or adopt audit process and audit reports. Management of the Fund & TA Manager, including regular performance assessments. The Fund and TA Manager will brief the Steering Committee on issues and progress. However, all decision making will remain with DFID and DANIDA and other possible donors as agreed in the funding arrangements. By steering both parts of the programme, DFID will ensure synergy and avoid overlaps. B. Management DFID management arrangements The programme will be managed by DFID Vietnam. The Social Development Sector Manager will be the Project Officer/lead advisor, with support from the Governance Advisor. The Project Officer will lead the preparation and the implementation of the programme with inputs from other advisors and Programme Support Officer as relevant and appropriate in DFID Vietnam. The Project Officer will represent DFID on the Steering Committees. The Embassy will also be closely involved in the implementation of the programme and consulted and included at key points as part of DFID’s graduation plan. Project Management for Component 1: coalition building DFID will sign a contract with a Managing Organisation to oversee Component 1: issues based coalitions through a restricted competitive bidding process. The Managing Organisation will carry out the political economy analysis to identify issues and develop 38 projects on the identified issues. It will eventually sign sub contracts with the main implementers of the issues based projects as required. Relevant DFID advisers will provide technical inputs into the issues-based projects and areas of research. The Managing Organisation will propose a programme team to DFID, as part of their contract negotiations. Detailed management arrangements will be developed by the Managing Organisation, and agreed by DFID. Work will be organised around issues. To facilitate the development of informal coalitions, the Managing Organisation will appoint an Issue Based Coordinator for each of the issues around which activities will be organised. Where possible this will be local person with existing networks that are relevant for building the coalition. The person will ideally also be technically respected in the area the coalition will work on. To maintain synergy and linkages between different issues, the programme team will need a Programme Coordinator with an overview of all sub components of the programme. Project Management for Component 2: Support to NGOs Fund housed at ONA A Joint MoU between DANIDA, DFID and ONA will be signed. DFID will also sign a Delegated Cooperation Agreement with DANIDA to channel the DFID’s funding though DANIDA. The Steering Committee by DANIDA, DFID and ONA will recruit the Fund and TA Manager through a competitive bidding process. DFID will only prioritise strategic engagement in this component, leaving the day- to- day management to DANIDA and the Fund and TA Manager. Coordination mechanism Coordination between the two components will be important to the overall success of the programme. We will establish a coordination committee which will meet quarterly to make sure we are maximising cross-learning and synergy from VEAP’s two components. See Diagram 5 for the VEAP Management Structure. 39 VEAP MANAGEMENT STRUCTURE DIAGRAM 5 DFID VEAP Management Team (SDA, Governance adviser FCO Political officer, PSO) Steering Committee (Danida, DFID, ONA) Advisory Committee Grants Advisory Committee Managing Organisation Programme Management Team IBC 1 Land reforms NGOs Research Orgs Academia Gov Media NA IBC 2 Urban Planning NGOs Research Orgs Academia Gov Media NA IBC 3 Envmt Protection NGOs Research Orgs Academia Gov Media NA Fund & TA Manager IBC 4 EITI NGOs Research Orgs Academia Gov Media NA Grants Making to NGOs through Calls of funds mechanism Capacity building to CSOs C. Conditionality There is no conditionality. D. Monitoring and Evaluation: Evidence weak or strong? VEAP uses both ‘inside track’ influencing approaches, working closely with decision-makers and ‘outside track’ influencing approaches using evidence, science-based advocacy for policy change, better service delivery and people empowerment. Evidence on the proposed approaches at a relatively small scale tested by similar support by UN agencies, research institutions and NGOs in Vietnam is medium. The programme will gather better qualitative and quantitative evidence on the approach. It will also test if the approach will be effective at a larger scale (on broad policy issues and at national level). What will be monitored and how? To address the challenge of monitoring and measuring impact of this complex programme of policy influencing, a detailed Monitoring and Evaluation Framework (the M&E framework) will be set up by an independent expert on M&E during the first six months of the programme. It will be monitored by dedicated M&E staff and used by the programme management to monitor progress and to evaluate programme’s success in terms of its effectiveness, impact and sustainability. The Theory of Change developed based on the evidence and the log frame will serve as a basis for the development of this framework. 40 During the programme inception phase, the political economy analysis will identify the themes for the Issues based Coalitions component to focus on. The M&E Framework will then further fine tune the indicators in the current log frame, associated with quality of media coverage and political debate, quality of coalitions, strengthening CSOs’ participation in policies and laws development; the ability of CSOs to hold public officials to account; improvements in policies and laws development, and improved ability for civil society advocacy. It will also fine tune the impact indicators such as the policy changes and impacts on people’s lives. The log frame will be revised to incorporate the above mentioned indicators, and to adjust baselines, targets and monitoring and evaluation tools. A further review of the Monitoring and Evaluation Framework will be undertaken, in consultation with DFID’s Evaluation Department. The programme management will ensure that the Managing Organisation and the Fund Manager measure the programme’s outputs by using programme’s reporting based on various tools such as logs of activities and media log, users’ surveys, quality assessment tool. The programme is monitored at several levels through the following tools: (i) The programme overall Log frame; (ii) Issues based projects log frames and sub log frame for the NGOs Fund component; and (iii) Managing Organisation and Fund Manager’ quarterly, annual reports and mid term review Reporting: (i) Quarterly financial reporting; (ii) Initially quarterly and then six monthly progress reports for both components; and (iii) Midterm review reports. Within DFID, we will use ARs, PCRs, on top of the reports mentioned above. Evaluation: The M&E system with the monitoring tools listed below will generate the data (both quantitative and qualitative) and analysis that can then be used for a more formal (external, episodic) evaluation of the programme and its outcome/impact. There will be a thorough (possibly independent) mid-term review in September 2013 to assess progress (using the log frame indicators) and to evaluate the programme results in terms of its effectiveness and initial policy impact. Also, the programme will consider an independent evaluation on policy impact, effectiveness, and sustainability and a lessons learning study at the end of the project. Data for monitoring and evaluation: Due to the complex nature of policy influencing and the difficulty in attribution, a combination of specific methods designed for monitoring and tracking policy impacts of VEAP will be used as follows: Document logs, media tacking logs and media assessments of tangible products .e.g. researches, media briefings, events supported by the programme. The programme may establish a set of criteria against which the quality of the products will be judged. An uptake logs: a database where comments, anecdotes and examples of ‘uptake’ about the use of researches or advice or influence are recorded. Users’ Surveys: small or medium-scale questionnaires and focus groups discussion (e.g. NA deputies and staff) to ascertain how much and in what way, target audiences use and value the outputs provided. RAPID outcome assessment: drawing on the outcome mapping tool and the RAPID group’s framework for understanding the influence of research on policy. 41 Quality assessment tools: will be developed within the first 6 months of the programme by independent consultancy and used annually to assess the quality of media coverage, political debates and quality of the coalitions. Baseline data on all indicators of the log frame especially on quality and the level of influence by CSOs on policy making and oversight will be collected at the beginning of the programme, as part of the political economy analysis. The programme will use secondary data sources from the National Assembly e.g. the Public Opinion Surveys on Images of the National Assembly, the World Bank CPIA, and others, whenever relevant. Resources for M&E: Sufficient capacity for M&E will be staffed and the programme will reserve a budget of around £200,000 for M&E activities. E. Risk Assessment This project has shared risks between a relatively medium risk element (the NGO fund) and the much higher risk element which is the coalition building. The overall risk of the project is assessed as high. Political risks: That Government is not willing to engage – and may shut down the space for engagement, which could be exacerbated if the issues chosen are too sensitive or cross the invisible red lines of policy discussion. Also, both components one and two rely on the fact that the National Assembly continues on its current reformist path under a new Chairman. Our analysis currently suggests that whilst difficult the programme remains feasible and that the space for engagement will not be entirely closed down. Probability low, impact high. Mitigation: This risk will be mitigated by sound political economy analysis built into the programme and political engagement by the UK under the Strategic Partnership. If signs are that the political space makes it impossible for the programme to function we will look for other avenues to provide support to civil society. At a more macro level, the programme assumes that the evolution of political change in Vietnam is positive and without shocks. If dramatic change does occur we will need to adjust the direction of our support. Implementation risks: That coalitions which cut across different interests (i.e. sufficiently broad) are not able to be built. This would subsequently result in a confrontational rather than constructive engagement which would be a sure path to failure in Vietnam. This risk relates to the theory of change in which evidence provided would lead to positive policy outcomes. This is a risk due to the opaque link between the evidence and the policy making process in Vietnam. Policy- making processes in Vietnam have been more politically driven instead of being evidence – based. . Probability low, Impact medium Mitigation: Identification of issues well founded on evidence. Strong and well-connected programme management and Advisory Board. The coalitions will work politically, formally and informally; with the relevant policies drafting teams and other institutions and individuals to foster changes Operational risks: That there is not a basic minimum of capacity already within civil society which is able to bid and manage small grants of sufficient interest and impact that it can be taken to scale. There is also a risk that the complicated management arrangements fail to ensure adequate synergy between different components. Probability medium, Impact high. Mitigation: This is mitigated by establishing clear mechanisms for reporting and information sharing, and by having a robust management team which can ensure that discrete activities add up to more than the 42 sum of their parts. There will also be basic capacity building of CSOs to ensure compliance and ability to manage funds. Financial (fraud and corruption) risks: There are substantial risks of corruption occurring with the NGOs Fund (bribery of evaluation panel, influence over results etc) which will be mitigated by strict criteria and independence of panel (see Danida proposal for this). There are also risks for mismanagement of resources due to lack of capacity in local NGOs. This is a serious risk which will need to be monitored on an ongoing basis with due diligence of the basic systems of the recipients built into the management functions. Probability medium, Impact high Mitigation: We cannot entirely mitigate this risk due to the nature of the programme but will ensure sound systems are established to minimise exposure. Annual financial as well as performance and VfM audits are built in. Sustainability risks: There is a serious risk that the programme is not sustained beyond its closure. This programme will only last for four years. This provides only limited time for three or four coalitions to gain sufficient momentum to be self-sustaining and/or impact real change on the ground. Probability medium, Impact medium. Mitigation: To mitigate this we will work closely with other development and political actors, especially the FCO, to ensure longer term support to successful change actors and groups. We are also working with the World Bank and the UN to ensure a strong multilateral legacy in Vietnam able to work on these issues. Also, from the outset we will build in sustainability as a key dimension of each coalition. F. Results and Benefits Management: The key to results for this programme will be documenting and monitoring a clear story of change, of how the programme’s interventions are contributing (or not) to processes that have the potential to lead to transformational change. The Log frame sets out in more detail how we will monitor progress (attached in annex 3). The measurable output targets – for example numbers of researches, workshops conducted, trainings delivered to NGOs may not assist with monitoring of the all-important processes such as role of CSOs being recognised, improved policy making and monitoring process. So whilst these indicators have value as descriptors of the reach of the programme, and its secondary impact, they are not the prime means to tell whether the programme is on track. The section on monitoring and evaluation explains the plan for the monitoring and evaluation framework that will be put in place to monitor these all-important qualitative indicators of change at the outcome and impact levels. The story of change will also include social and institutional changes that the programme activities will have plausibly contributed to. This will feed into an office-wide monitoring framework, developed alongside DFID Vietnam’s Operational Plan, which outlines the sorts of wider change that DFID’s programmes will not directly deliver, but are designed to influence. Annexes: Annex 1: Budgets for Options Annex 2: VEAP Log frame Annex 3: VEAP Economic Appraisal 43
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