72048621RFI00002 Annex 1 - Concept Note.pdf

72048621RFI00002

Concept Note - Strengthening Capacity and Effectiveness of the People’s Assemblies System in Laos

ANNEX 1

STRENGTHENING CAPACITY AND EFFECTIVENESS OF THE

PEOPLE’S ASSEMBLIES SYSTEM IN LAOS

CONCEPT NOTE

1. BACKGROUND

U.S.-Lao bilateral relations are increasingly strong. The United States Agency for International

Development (USAID) re-established its presence in Laos in 2016 and has become a key partner in furthering the mutual development objectives between the two countries. Within this effort, USAID provides assistance in health and education, supports people with disabilities, promotes economic integration, and seeks to advance good governance and rule of law, providing Laos with increased opportunities on its journey towards greater self-reliance.

Improved governance is key to this effort. In recent years, the Government and the National Assembly of Laos have maintained their commitment to graduating from the UN’s Least Developed Country

(LDC) list and have increased citizen engagement and promoted effective oversight of its administration. This includes the fostering of transparency and accountability in government institutions and facilitating enhanced dialogue among government, citizens, and the private sector to shape the policies and behavior of public institutions.

Laos has taken steps towards more effective local governance in the provinces as well. In 2010, the

National Assembly (NA), then the only elected body in Laos, passed a reform of the law on its oversight rights, gaining full authority over its Provincial Offices. In the 2011 general elections, candidates for seats in the National Assembly no longer held other public mandates - such as governor or judge -thus reducing possible conflicts of interest. In 2016, the National Assembly passed a law to further oversight at the local level by re-establishing the elected Provincial People’s Assemblies (PPAs) in each of Laos’18 provinces.

PPAs are a relatively new institution in Laos. Some PPA Members have not yet fully embraced the breadth of their role, including use of a variety of analytical methods, technical tools, and procedures that are readily available to legislatures. Moreover, when effectively discharged, the role of the PPAs and their Members may expand beyond the government’s initial vision. They have the potential to become proactive institutions, well connected to citizens, and provide a forum which the various components of society may easily interact. Moreover, active legislatures also interrelate with the executive by conveying people’s concerns, problems, and expectations. In this two-way engagement, PPAs may critically promote national development and improve citizens’ well-being. By making the most efficient use of their existing powers and capacities, local legislatures make their prerogatives

72048621RFI00002 Annex 1 - Concept Note

Strengthening Capacity and Effectiveness of the People’s Assemblies System in Laos more effective and ensure accountability at the provincial level, while the NA may be more focused on its scrutiny role over national affairs. Increasing the effectiveness of PPAs has the potential to facilitate greater decentralization of the government.

The tenure of the first elected PPAs will end in 2021, alongside the mandate of the NA. While new elections are expected to be held at both levels, likely in February 2021, USAID, as part of its bilateral support to the Government of Laos (GoL) and aligned with the U.S. Government’s Indo Pacific

Transparency Initiative, plans to support the legislatures to foster their effectiveness and proactiveness, thus promoting citizens’ dialogue with their representatives.

The Constitution of Laos stipulates full equality between men and women, enforcing equal opportunities and gender inclusiveness in all areas of the society and government. Women hold important positions in various key government institutions, including the NA, where the current

Speaker is a woman. Female members in both the NA and the PPAs are active in promoting gender inclusiveness and endeavoring to improve the status of women in the whole society. Yet, social and historic traditions remain strong and women, especially in rural areas, do not effectively enjoy the same rights as men, neither within the household or at work. USAID’s program will support the initiatives of the GoL towards improved gender inclusiveness in its institutions and society.

Through this program, USAID endeavors to explore avenues and increase partnership with the NA and the PPAs in Laos to support the legislatures and their members to exercise their mandates, more effectively hold the executive accountable, represent their constituents, and respond to citizens’ needs.

2. ACTIVITY DESIGN CONCEPT

Aligned with the implementation of the Legal Sector Master Plan approved in 2009, the GoL acknowledges that significant progress still needs to be achieved in matters of good governance and anti-corruption before a full “Rule of Law State” is firmly established. In this regard, the GoL is actively preparing the 9th National Socio-Economic Development Plan (NSEDP 2021-2025), which strives to strengthen the role of the NA and the PPAs in revising and approving legislation, as well as in the monitoring and implementation of the NSEDP and the Sustainable Development Goals (SDGs). To this aim, the GoL realizes the need to engage more actively with citizens and the private sector in certain contexts.

Sustainable economic growth requires effective governance, which can only be achieved through citizen engagement in policy creation. The establishment of the PPAs in Laos provides a distinct window of opportunity, enabling citizens to contribute to the definition of public policies and to express their views and concerns at a closer level of administration. This is achieved initially by involving themselves in the oversight conducted by these Assemblies, as well as through the promotion of meaningful engagement with executive bodies and citizen participation. Moreover, the

Lao people increasingly expect to gain better access to the PPAs in order to contribute to improved public service delivery at the provincial level.

The establishment of PPAs also helped achieve significant progress towards strengthening government institutions by making provincial executives accountable before the local legislature that mirrors them. Preliminary information suggests that some PPAs have already started to exercise oversight, requiring local governments to account on their efficiency and activities. While some PPAs have been effectively exercising their mandate, a number of them have not yet begun to effectively discharge these obligations. Therefore, the lessons learned from the achievements in the more advanced provinces could benefit the other PPAs.

Despite the historic gains for citizen engagement, the COVID-19 pandemic has severely impacted public health and has caused significant repercussions for education, employment, economy, food security and poverty, as well as in governance and overall country development. Therefore, in the design of this USAID funded activity, it is crucial to ensure an integration of COVID-19 implications on the ability to strengthen governance that promotes accountability, transparency, and human rights in the region despite the pandemic.

Through this program, USAID will help improve the capacity of the PPAs to better respond to citizen’s needs, deliver services to the people, and enhance their ability to address societal concerns and transnational threats. When the PPAs’ Members clearly understand the extent to which the

Constitution and the laws empower their legislatures, are aware of their capacities and role, and are attentive to the needs and expectations of their constituents, effective PPAs will significantly contribute to these goals. Citizens, in turn, must engage constructively with the PPAs to advocate for their views, set priorities, and initiate a dialogue with their representatives.

The Results Framework (RF) for this PPA design is aligned with the USAID Laos bilateral priorities of upholding the rule of law, increasing the capacity of the parliament in revising and approving legislation, monitoring the implementation of the country socio-economic development plan and the

Sustainable Development Goals (SDGs), better engaging and responding to citizens’ needs, and enhancing government accountability and transparency.

3. ALIGNMENT WITH EXISTING SUPPORT TO THE

LEGISLATURES

In Laos, there are currently a number of legislative support initiatives that are implemented by various actors, such as, Citizen Engagement for Good Governance, Accountability and Rule of Law Project

(CEGGA) by GIZ, UNDP, The Asia Foundation, Helvetas, OXFAM and etc. Therefore, coordination between donors, implementers, and PPAs is essential to avoid possible duplication, increase synergy among the existing activities, and leverage resources to ensure the efficient coverage of activities across the country.

4. PROGRAM COMPONENTS

The overall goal of this program is to uphold the rule of law, increase the capacity of the government to engage and respond to citizens’ needs, meet transnational challenges, and enhance government accountability and transparency. Primary program objectives are to strengthen the capacity and effectiveness of the PPAs in Laos in revising and approving legislation, monitoring the implementation of the country’s socio-economic development plan and the SDGs, better engaging and responding to citizens’ needs, and enhancing government accountability and transparency.

The proposed program will have three components – referred to in the Results Framework graphic as

Program Results (PRs):

Program Result 1: Provincial People’s Assemblies (PPAs) Enabled to Fully Exercise their

Responsibilities

PPA Members will have a clear understanding of their legislative and oversight responsibilities, and with the support of the program, establish feedback practices to effectively and regularly communicate with their constituents. PPAs will utilize these increased communication channels to consider various options and solutions as they seek to be responsive in addressing citizen needs.

Following the expected PPA membership turnover following the 2021 elections, newly elected

Members will benefit from the lessons learned from the previous cohort, who can help new PPA members fully understand their roles and able to effectively engage with and monitor local government. Procedures and systems will be clearly defined and firmly established within each PPA.

The PPAs will also have full access to reliable and readily available sources of information and data, which is incorporated into the PPA’s deliberative and decision-making processes. Research foundations, think tanks, Lao and foreign academics and experts may provide invaluable assistance to this aim upon request. PPA Members will also better understand technical and sectoral issues. In this regard, they could benefit from training and technical assistance and regularly receive briefings and more intensive training and skills transfer, as needed. An important aspect of the design will entail ways in which to share information on identified best practices as well as to create linkages between

PPAs around the country that may be struggling with similar challenges.

PPAs will represent more effectively the people’s interests, with a special attention to disadvantaged groups and communities. Citizens, non-profit associations, Lao local organizations, and private sector representatives (e.g. the Lao Chamber of Commerce, sectoral business associations, etc.) will be able to advocate their views and expectations, and interact more effectively with the PPAs, Committees, and Members. The PPAs will play a more significant role in supporting citizens and permanent residents’ call for redress.

Program Result 2: Provincial People’s Assemblies (PPAs) Improved Functional Capacities

While Program Result 1 primarily targets the PPA Plenary and Standing Committee, Program Result 2 will specifically focus on support to the technical committees and individual members. Under this result, the program will provide technical assistance to the PPA structures in conducting budgetary oversight, research, and fact-finding missions. Members will be exposed to well established techniques and best practices for conducting interviews and hearings, as well as follow-up guidance based on globally and regionally known procedures and mechanisms. Where appropriate, PPA

Members may consider establishing technical working or discussion groups on sectoral or thematic issues (sub-committees, joint committees, etc.) to assist the Plenary and the Committees in being better informed of issues and discharging their responsibilities.

Additionally, the program will support enhancing a more efficient flow of information, as well as organized decision-making processes within a committee, joint committee meetings, and improve effective communication and coordination between committees and the Plenary. PPA Members will understand how to better explore, discuss, and evaluate policy and technical issues and are enabled to influence orientations and actions of the executive authorities. The PPA staff will be trained to assist, identify, and present relevant data and analyses related to policy issues being debated, and provide advice and counsel to the Members. Under Program Result 2, different PPAs will also share their experience among themselves in the country, as well as be exposed to international best practices and shared regional learning opportunities, where requested and appropriate.

Program Result 3: Provincial People’s Assemblies (PPAs) Increased Gender Equality and Inclusion

The integration of gender aspects through policy decision activities of the PPAs, could ensure equal access of men and women to public services, such as education, health care, and employment. In a local context where “gender” is commonly understood as a matter of women only, it will be critical that activities under this Program Result prioritize the explicit involvement of both men and women, and that mainstreaming gender diversity and inclusiveness not be viewed as the sole responsibility of women. Activities should include enhanced focus on gender related concerns in NA and PPA policies, explicitly placing gender diversity in their session agenda, engaging citizens about gender issues while formulating a policy, recognizing that constraints to women’s participation cannot be alleviated by legislation or regulation alone. Program Result 3 will provide specific capacity development opportunities for women, such as public speaking or leading a negotiation, conflict resolution and problem analysis, and other necessary skills that are crucial to enhance women’s role in effectively implementing their PPA mandates.

One key aspect of this Program Result is the responsibility to ensure gender awareness among PPA

Members and their staff both men and women. The program will integrate gender inclusiveness throughout the activities of the PPAs, their Committees and other working groups, in order to protect and promote the interests of women and girls in all aspects of the responsibilities of the PPAs, especially in budget allocation and review. Program Result 3 will also explore a mechanism to support

PPAs to more effectively identify gender budgeting needs in a policy action.