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Develop a consolidated manual comprised of tools and models for strengthening corruption vulnerability self-assessment, responsiveness and accountability mechanisms of JLOS institutions”
Procurement Process :RFP - Request for proposal
Office :UNDP Country office - UGANDA
Deadline :16-May-19
Posted on :16-May-19
Development Area :CONSULTANTS  CONSULTANTS
Reference Number :55749
Link to Atlas Project :
00092245 - Rule of Law and Constitutional Democracy (RLCD)
Documents :
Develop a consolidated manual comprised of tools and models for strengthening corruption vulnerability self-assessment, responsiveness and accountability mechanisms of JLOS institutions
Overview :

 

BACKGROUND

The JLOS is comprised of 18 Government of Uganda institutions and its anti-corruption efforts are guided by various instruments including; the zero tolerance to corruption policy, national laws, the national anti-corruption strategies and the JLOS anti-corruption strategy. However, despite the existence of these high-level frameworks, many JLOS institutions continue to suffer internal accountability gaps, some of which have resulted in public perceptions of corruption.

JLOS institutions are frequently cited as the most corrupt from both local and international surveys. The proportion of citizens who see most/all police officers as corrupt increased from 63% in 2012 to 71% by 2017, while that of judges and magistrates increased from 29% in 2012 to 43% by 2017 (Afro Barometer, 2018).  In addition, the 2015 National Service Delivery Survey (NSDS) indicates that 75 percent of respondents ranked police as the most corrupt government institution followed by Local Governments (50%) and government health facilities (38%) and the Judiciary at 19% (Uganda Bureau of Statistics, 2016).  Partly as a consequence, JLOS institutions remain perceived as the most corrupt public institutions in Uganda.

Historically the JLOS Strategic Investment Plan (SIP) III (2012/13-2016/17) highlighted enhancing the fight against corruption as one of the key interventions. The strategy sought, among others, strengthen administrative and criminal anti-corruption enforcement, explore linkages with the Accountability Sector, improve efficiency of resource utilization and zero tolerance to corruption in resource management across all the member institutions.  The primary tool of implementation of this key outcome was the 2012 JLOS Anti-Corruption Strategy (JACS) aligned to the National Anti-corruption strategy. The Strategy aimed at reducing corruption in the sector institutions, as well as building and strengthening the quality of accountability in the country as a whole. The current JLOS SDP IV (2017-2020) builds on the achievements of the JLOS SIP III and calls for the rollout of the implementation of the JACS as part of the process to enhance the efficiency and effectiveness of JLOS institutions in fighting corruption.

One of the major undertakings of the JACS is the requirement that the JLOS institutions come up with institutional anti-corruption plans of action given the differences in contexts through which corruption manifests at institutional level. However, the 2017/2018 JLOS annual report indicated that only a few JLOS institutions have made attempts to domesticate and operationalize the strategy (JACS). Most institutions have committed to develop customized institutional anti-corruption action plans and operational frameworks but results are scarce. Many of the JLOS institutions such as the Judiciary, the Uganda Police Force, and the Uganda Human Rights Commission have domesticated the JACS by developing anti-corruption action plans. However, they have not implemented various activities of the JACS despite continuous efforts. For some institutions, this has led to a less systematic institutional approach to anti-corruption and no coherent reporting mechanism on implementation.

Amidst these challenges and interventions, JLOS observes that corruption has a direct negative impact on the observance of human rights, rule of law, and ensuring that the delivery of justice services meets the human rights normative standards. Indeed, under the National Planning Authorities’ (NPA) Human Rights Based Approach Planning Tool for Sectors and Local Governments (2016), corruption is ear marked as one of JLOS’s key constraints that must be dealt with (p.52). The HRBA tool enjoins JLOS to adopt and implement anti-corruption measures, with a view of enhancing the quality of public service delivery.

The Manual will therefore serve as one of the functional tools for institutional development and promotion of the rule of law through strengthening internal accountability. This intervention and operational strengthening tool for the JLOS institutions inter-alia draws on experiences of the Organization of Economic Cooperation and Development’s (OECD) recommended integrity management frameworks and recommended standards developed by the International Standards Organization (ISO) in support of Sustainable Development Goal (SDG) 16 (2030 Global Agenda).

As noted before, JLOS institutions primarily contribute to the national realization of SDG 16 that inter alia calls for access to justice for all and building effective, accountable and inclusive institutions at all levels that embrace good governance. Governance here means the system by which an institution is managed, directed, controlled and held accountable to achieve its core purpose over the long term. Various ISO standards[1] have been developed to guide institutional reform, development and standardization. Indeed, JLOS is supporting its institutions such as the URSB to build capacity and commence their implementation. The Uganda Registration Services Bureau (URSB) has commenced the journey to be certified for ISO 9001:2015 that focuses on quality management systems. By December 2018, a team of 42 URSB staff was trained in ISO 9001:2015 quality management system where participants were equipped with knowledge on quality concepts, benefits of quality management principles and ISO 9001:2015 requirements. This specifies requirements for a quality management system when an organization:

a) Needs to demonstrate its ability to consistently provide products and services that meet customer and applicable statutory and regulatory requirements, and

b) Aims to enhance customer satisfaction through the effective application of the system, including processes for improvement of the system and the assurance of conformity to customer and applicable statutory and regulatory requirements.

All the requirements of ISO 9001:2015[2] are generic and are intended to be applicable to any organization, regardless of its type or size, or the products and services it provides. This Manual is expected to glean some of the lessons from countries that have implemented these standards and recommend better practices for institutional consideration. This consultancy provides JLOS an opportunity to leap toward embracing the ISO 37001 on anti-bribery management Systems (ABMS). This is the most prominent standard, that is aligned to SDG 16 and helps promote peace, justice and strong institutions by increasing transparency and accountability. The extent of the application of these guidelines depends on the size, structure, nature and complexity of the organization.

In addition, drawing from the UNDP supported benchmarking study of Mauritius, Uganda needs to embrace international standards such as ISO that enable it fully implement the Transformational Development Approach (TDA). If Uganda’s governance systems are to be ISO certified as demonstrated by public institutions in Mauritius, then this is a critical phase to start. However, there is no concrete blue print or model documentation on how other institutions can emulate the good practice and apply within their own context.

 

The JLOS in partnership with the UNDP Rule of Law and Constitutional Democracy (RLCD) Programme is conducting this activity under output target four which seeks to inter alia achieve strengthened institutional capacities to be more efficient, effective and sustainable in governance and public service delivery. The specific activity result contributes to; “access to justice and human rights promotion and protection enhanced”. Further, this contributes to the national performance on SDG 16. Indicators 16.5 – 16.6 that call for substantial reduction in bribery and ensuring effective, accountable and transparent institutions at all levels

The UNDP is supporting this study through the RLCD Programme to inform reforms aimed at improving good governance and public service delivery within the context of the JLOS Sector Development Plan IV and the JLOS Anti-Corruption Strategy. In addition, the study findings will contribute to the broader Government of Uganda anti-corruption efforts and initiatives of promoting good governance within the broader context of NDP II and Uganda Vision 2040 development framework.

Objectives

Overall objective

To develop a manual for strengthening procedural and management systems of corruption prevention, control and response for JLOS institutions.

 

Specific objectives

The specific objectives of the study are;

1.      Develop an institutional anti-corruption management manual, spelling out procedures and system models of prevention, detection, deterrence, sanctioning and remediation of corruption.

2.      Develop a model integrity and ethical promotion framework for JLOS institutions, annexed to the manual.

3.      Develop checklists for prevention, detection, deterrence, sanctioning and remediation of corruption by JLOS institutions annexed to the manual.

4.      Develop referral pathways focused at both inter and intra institutional / sectoral corruption control by JLOS institutions for criminal and administrative action, annexed to the manual.

Study Area

JLOS institutions, CSOs, users of JLOS services / members of the public, JLOS Development Partners (including UNDP and UN agencies), National planning Authority, Inspectorate of Government, Directorate of Ethics and Integrity, Public Procurement and Disposal of Assets.