The global objective was to assist the GoM and the EC in the formulation of a programme in support of access to justice and democratic accountability under the 11th EDF. The Judiciary is largely seen as independent, but only about 10% of the Malawian population has access to the formal Justice system, whereas the majority relies on the informal Justice System.
The mission assisted stakeholders in the development of the technical specifications in order to instruct and implement the Justice and Accountability Programme (JAP) in Malawi. The relevance, feasibility, efficiency, effectiveness and sustainability of the proposed action were elaborated as far as possible. This task included, inter alia:
a) Clear problem analysis, demonstrating cause and effect.
b) Detailed description of objectives, results, activities, beneficiaries and estimated
number of beneficiaries. This is also be captured in the Logical Framework.
c) Clear analysis of key stakeholders and target groups for each component of the JAP.
This included a stakeholder analysis (government institutions, private sector, non-state actors/civil society, research and development, higher education institutions if applicable) etc. Equity and institutional capacity issues should be analysed, and local ownership demonstrated.
d) Examining the resource and cost implications, and to provide a budget for each component/main activities - to be presented considering funding modalities elaborated (e.g. Programme Estimates, contribution agreements and operational grants). Where relevant, the mission carried out an economic and financial (cost-benefit) analysis.
e) Monitoring and evaluation framework - indicators (to be captured in the Logical Framework), institutional set-up and how and where to base on existing government indicators (MGDS and DGSS).
f) Outline the proposed institutional set-up for programme steering, coordination and management at all levels, national and decentralised structures with the objective of strengthening ownership. This work entailed analysing and evaluating options, considering mandates of government institutions and cooperation across sectors, implementation capacities of sector institutions / NAO (including efficiency and familiarity with EDF procedures). On the basis of this work, the full tender dossier for the recruitment of the Technical Facilitation Unit has been drafted.
g) Funding modalities (parallel project vs pool funding; use of programme estimates, contribution/delegation agreements, grants, service contracts, works contracts, supply contracts) are proposed. This exercise was based on the initial options provided in the Identification Fiche and will reflect 10th EDF lessons learned, institutional set-up, recent sector developments, efficiency and implementation capacity, synergies with other government/development partner programmes, best practices in neighbouring countries etc., where applicable.
h) Identification of synergies, coherence and complementarities between the proposed action and existing programmes/projects. Undertake a consistency check with, and supportive of, Government of Malawi and EC policies.
i) Ensure that risks and assumptions have been identified and assessed.
j) Ensure division of labour between donors, particularly EU Member States, and explore the possibility of joint donor actions. Specific focus in relation to this was put on the support to access to both formal and non-formal justice.