APRM NATIONAL GOVERNING COUNCIL NATIONAL PLANNING AUTHORITY TERMS OF REFERENCE FOR A CORPORATE GOVERNANCE THEMATIC AREA CONSULTANT FOR SUPPORT TO THE APRM NATIONAL GOVERNING COUNCIL DURING THE APRM COUNTRY SELF-ASSESSMENT PROCESS 1.0 Background The National Planning Authority (NPA) was established by an Act of Parliament (Act No. 15 of 2002), and this was in compliance with the provisions of Article 125 of the Constitution of the Republic of Uganda (1995). The Mandate of National Planning Authority (NPA) is to put in place, operationalize, supervise, monitor, evaluate and coordinate the National Planning Framework, system and strategies for cost effective and participatory National Developing Planning in Uganda. Integration of regional initiatives in the development planning processes, and particularly NEPAD and APRM in Uganda, was vested in NPA by Cabinet in 2004. The New Partnership for Africa s Development (NEPAD) is a Vision and Strategic Framework for Africa s renewal which is designed to address the current challenges facing the African continent, including: high poverty levels, under-development and continued marginalization of Africa. The African Peer Review Mechanism (APRM) is one of the hallmarks of the New Partnership for Africa s Development (NEPAD). It is an instrument voluntarily acceded to by the Member States of the African Union as an African self-monitoring mechanism and Uganda was one of the pioneer countries that acceded to the APRM at its inception in 2003. The mandate of the APRM is to ensure that policies and practices of participating states conform to the agreed political, economic and Democracy and Good Political Governance values, principles, codes and standards contained in the Declaration of Democracy, Economic and Good Political Governance. The APRM principles include; National ownership and leadership, Accountability, Inclusiveness and broad based participation, Technical competence, Credibility, and Freedom from manipulation. 1
1.1 PEER REVIEW OF UGANDA Uganda was Peer Reviewed on 29 th June 2008 on the occasion of the 9 th Summit of the Forum of the APRM participating Heads of State and Government (APR Forum) at Sharm El Shiekh, Egypt. During the Peer review, H.E. the President reiterated Government s ownership of the US$4.9 billion, 3-year Uganda APRM National Programme of Action and its implementation through the annual National Budget. To this effect from July 2008 to June 2011 a total cost of, US$ 4.2 billion was provided through budget to fund the APRM Programme of Action. 1.2 Programme of Action and National Development Planning The Primary purpose of the APRM National Programme of Action is to guide and mobilize the country s efforts in implementing the necessary changes to improve its state of governance and socio-economic development. It is the key input delivered by the country into the peer review, and it, therefore, serves to present and clarify the country s priorities. Prioritized actions based on some selected recommendations from the Country Review Report addressing gaps identified were adopted and cost US$ 4,857,102,574 for implementation in the first three years. The APRM PoA was funded through the annual budgets of Ministries, Departments and Agencies (MDAs) and local Governments under the Medium-term Expenditure Framework. It was also integrated into the NDP by the National Planning Authority, in a participatory manner, in line with APRM Guidelines. The POA informed the National Development Plan 2010/11-2014/15 (NDP1) Good Governance Thematic Paper and good governance is one of the foundations for growth, employment and prosperity during the NDP period. The first year of Implementation of the NDP was the third year of implementation of the APRM POA. MDAs together with other non-state governance stakeholders were engaged by NPA to ensure coordination, monitoring and evaluation of the implementation of the POA. The 1 st, 2 nd and 3 rd Annual Progress Reports on implementation of the APRM National Programme of Action covering the period 2008/09-2010/11 were prepared and presented by His Excellency the President to his Peers at the APRM Forum in accordance with the APRM Guidelines. The APRM Programme of Action was subsequently extended by Cabinet for two more years to cover the period 2014 2015. 2
1.3 APRM National Governing Council The APRM National Governing Council was appointed in May 2014 for the period 2014-2017 and is mandated to prepare Annual Progress Reports on implementation of the Programme of Action (POA). It comprises of eight members representing the academia, civil society, private sector and Parliament. The cardinal role of the National Governing Council is to offer leadership as a means of ensuring that; (i) the Country Review Report is well disseminated and its content, in particular the POA is understood, appreciated and owned and implemented by all the key players; (ii) the critical issues and actions in the POA are brought to the attention of the implementing institutions and policy makers; (iii) monitor and report on the implementation of the POA; and (iv) the general public is empowered to hold the POA implementers accountable. The APRM National Governing Council is in the process of preparing the 4 th progress report which will cover the period July 2011- June 2014. 1.4 The Second APRM Country Review Process Uganda is due for the second cycle APRM Review and this requires that a Country Self- Assessment process is undertaken following the APRM principles. This includes a Desk Research, Field Research using four Instruments i.e. Expert Interviews, Focus Group Discussions, and National Sample Survey. In addition, Public Hearings and Collection of Memoranda by the Governing Council from various stakeholders and the Country at large will be done. Four thematic consultants will carry out this assessment in the four APRM thematic areas: Democracy and Good Political Governance; Socio-Economic Development; Economic Governance and Management; and Corporate Governance; together with a National Sample Survey by Uganda Bureau of Statistics. The Governing Council has retained a Lead Consultant to support the Governing Council throughout the Research Process, who will be responsible for among others, methodological support to the four thematic consultants and amalgamating the five reports into the Country Self-Assessment Report (CSAR) and Programme of Action (POA). The costing of the POA will be done with the support of Government of Uganda line Ministries. 2.0 Objective of the Consultancy The National Planning Authority is desirous of acquiring the services of a Consultant to support the APRM National Governing Council in preparing a Country Self-Assessment Report for Corporate Governance through a participatory process. This Consultant will work with a Lead Consultant and 3 other consultants for the APRM Thematic Areas of: Economic governance and Management, Socio-economic development, Democracy and political governance. 3.0 Scope of Work The scope of work will include, but not limited to: i. Review the respective thematic area in the Country Review Report and National Programme of Action, and other relevant documents. 3
ii. Analyze progress in the implementation of POA activities for the reporting period. Participate in consultative meetings to capture issues of the respective thematic areas. iii. Work with lead consultant to harmonize methodology and activities as per schedule. iv. Make presentations to the APRM National Governing Council and other consultative meetings when required during the report preparation process. v. Prepare and produce a Country Self-Assessment Report on the reporting period for the respective thematic area and present it to the APRM Governing Council for approval. vi. Work with the Lead Consultant in providing input to the final amalgamated Country Self-Assessment Report. 4.0 Expected Outputs of this assignment (i). Inception report. (ii). High quality and detailed Draft Thematic Area Country Self-Assessment Report on the reporting period (iii). Workshop facilitation including production of relevant workshop materials (iv). Making Presentations at workshops (v). Formal approved thematic report for Corporate Governance. 5.0 Methodology In executing duty, the Consultants will follow the methodology developed by the Lead Consultant and agreed to by the governing council. 6.0 Qualifications Sought Post Graduate Degree and specialization in the areas of either Business Administration, Economics, Law, Management, Development Planning and governance. At least 5 years of experience carrying out research in the fields of commercial enterprises and management, corporate regulatory frameworks, corporate social responsibility, environmental management, human and labour laws, business ethics and integrity, accounting and editing standards. Self-driven and motivated individual, mobilization skills, communication skills, good report writing skills, facilitation skills and proficiency in the use of computers are prerequisite. Evidence of consultancy in any of these areas is an added advantage. 7.0 Assignment Period and Remuneration i. The assignment is expected to be accomplished within 40 working days. ii. iii. The consultancy period is estimated to be from September, 2015 to November, 2015. The Consultant will be responsible for payment of all relevant statutory taxes to government. 4
iv. The Government of Uganda statutory withholding tax of 6% shall be deducted v. Payment shall be made in Uganda Shillings. vi. Payment to the consultant will be made as follows: a. 20% on the presentation of the inception report and approved methodology b. 30% on approval by the NGC of the first draft of the Consolidated Annual progress report c. 50% on presentation of the final report. 8.0 Supervision and Reporting of the Consultant The Consultant shall report to the APRM National Governance Council through thematic area leader. The Head of Governance, NPA shall provide the necessary administrative support. 9.0 Reference Materials i. The APRM questionnaire, which is the framework for the Peer Review; ii. The Republic of Uganda Country Review Report No.7; iii. The President s Speech during the Peer Review of Uganda, Sharm El Sheik, Egypt; iv. The Uganda APRM National Programme of Action 2008/9-2010/11 Revised December 2008; v. The Annual Progress Reports of other countries who have been Peer Reviewed. vi. The NEPAD/APRM Website. vii. Budget Website (budget.go.ug). viii. Ministerial Policy Statements. ix. UBOS survey reports. x. Competitive Investment Climate Strategy xi. Annual Government Performance Reports xii. Annual Report by MDAs including UHRC; IGG, xiii. The Constitution of the Republic of Uganda, 1995 xiv. African Assessment of the APRM Process. xv. Uganda Vision 2040 xvi. NDPII xvii. Any other relevant Material. 5
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