1 Ministry of Foreign Affairs Rep. Ramallah File no.: 104.Pal.53 Internal Grant Committee Meeting 11 September 2013 Agenda Item no.: 3 1. Title: Ramallah, HR IHL NGO Sec. 2013-2016 2. Partners: NIRAS Natura AB (Sweden), Birzeit University Institute of Law (Palestine) & local Israeli and Palestinian human rights NGOs 3. Amount: 34.0 million DKK 4. Duration: 2013-2017 (48 months) 5. Previous Grants: n/a (see p.6) 6. Strategies and policy priorities: Strategic objective 02: Palestinian state-building and citizen’s rights as a means to support good governance, democracy and human rights. 7. Danish National Budget account code: 06.32.02.08 Det Palæstinensiske Selvstyre 8. Desk officer: Rami Rabayah 9. Head of Representation: Anders Tang Friborg 10. Summary: The programme aims to support NGOs operating in Palestinian Territories to contribute to the effective realisation of adherence to human rights and international humanitarian law and to influence the behaviour of the three duty bearers (Israel, Palestinian Authority, and the de facto Hamas government in Gaza). Through embracing Human Rights Based Approach, the program will be framed by a long-term strategy and a results framework, including capacity development to strengthen partner NGOs and their ability to work efficiently, to participate more effectively in democratic processes and to improve the results of their work. Finally, policy dialogue among donors and the human rights’ actors is used to complement the operational aspects of the programme execution and to influence constitutional, institutional, and governmental spheres and maximise impacts and sustainability of the program.
Transcript
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Ministry of Foreign Affairs Rep. Ramallah
File no.: 104.Pal.53
Internal Grant Committee Meeting 11 September 2013
Agenda Item no.: 3 1. Title: Ramallah, HR IHL NGO Sec. 2013-2016 2. Partners: NIRAS Natura AB (Sweden), Birzeit University Institute
of Law (Palestine) & local Israeli and Palestinian human rights NGOs
3. Amount: 34.0 million DKK 4. Duration: 2013-2017 (48 months) 5. Previous Grants: n/a (see p.6) 6. Strategies and policy
priorities: Strategic objective 02: Palestinian state-building and citizen’s rights as a means to support good governance, democracy and human rights.
7. Danish National Budget
account code: 06.32.02.08 Det Palæstinensiske Selvstyre
8. Desk officer: Rami Rabayah 9. Head of Representation: Anders Tang Friborg 10. Summary: The programme aims to support NGOs operating in Palestinian Territories to contribute to the effective realisation of adherence to human rights and international humanitarian law and to influence the behaviour of the three duty bearers (Israel, Palestinian Authority, and the de facto Hamas government in Gaza). Through embracing Human Rights Based Approach, the program will be framed by a long-term strategy and a results framework, including capacity development to strengthen partner NGOs and their ability to work efficiently, to participate more effectively in democratic processes and to improve the results of their work. Finally, policy dialogue among donors and the human rights’ actors is used to complement the operational aspects of the programme execution and to influence constitutional, institutional, and governmental spheres and maximise impacts and sustainability of the program.
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Objective and problem formulation:
Israel is occupying the West Bank, Gaza Strip and East Jerusalem since 1967. In accordance with the Geneva Convention, Israel remains the key authority responsible for the adherence to International Humanitarian Law (IHL) and Human Rights (HR) in the occupied Palestinian territory (oPt). In areas administered by the Palestinian Authority (PA) in West Bank, and by Hamas in Gaza adherence to HR and IHL obligations is the responsibility of the de facto existing authorities. Irrespective of the obligations violations of the HR conventions and IHL are strife across the oPt (in Gaza, West Bank Area A, B and C and in East Jerusalem).
According to the UN Office for the Coordination of Humanitarian Affairs (OCHA) report (Fragmented Lives – Humanitarian Overview 2011, May 2012), Palestinian civilians throughout the oPt face threats to their lives, security and property as a result of policies and practices relating to the on-going occupation, as well as intermittent outbreaks of hostility. As the principal authority the Israeli occupying forces are responsible for and have to deal with an extensive number of violations. However, violations are not only committed by the Israeli authorities. While the PA in West Bank and the Hamas in Gaza, have in principle declared their acceptance of various human rights standards in the areas they govern, the Palestinian ombudsman (ICHR) annual reports of 2011 indicates the Palestinian violations of HR and obstacles to democratic reform related to violation of the right to life, arrests, torture and other forms of cruel, inhuman or degrading treatment.
While pursuing its engagement in the Palestinian state-building process, Denmark continues “to promote good governance, democracy and human rights by helping Palestinian reformers to build effective, accountable and viable state institutions, capable of engaging productively with the people to promote sustainable development. An inherent part of the Danish approach to Palestinian state-building is the promotion of the right of Palestinian civil society to be involved in decision-making that shapes the daily lives of Palestinians. Denmark intends to remain active in the Human Rights sector, both through support to the Palestinian ombudsman, and through a donor consortium, dealing with civil society NGOs.”
Since 2005, donors supported a mechanism aiming to channel funds to Human Rights and Good Governance organisations operating in the oPt. The intervention has been regularly evaluated, and it has been assessed that such a program remains relevant and needed in the current context. Therefore led by Sweden donors have decided to pool funds to support HR IHL NGOs operating in the oPt. The overall objective of the programme is to contribute to the effective realisation of adherence to HR IHL in the oPt and to influence the behaviour of the relevant duty bearers: Israel, Palestinian Authority in the West Bank, and the de facto Hamas government in Gaza. To achieve this, a Secretariat will be set up to provide mainly core support to NGOs that can convincingly show that they have the competence and capacity to contribute to real and sustainable change within priority areas of the fund, applying HRBA in their work within a long-term strategy and a results framework with relevant, realistic and measurable objectives. This approach will be complemented by the availability of short-term and limited project funding – granted together with capacity development support – to keep open the possibility for new Palestinian or/and Israeli NGOs to become operational in the oPt so that the sector remains dynamic with relevant actors for change.
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Resource efficiency:
Following the tender process, donors concluded that NIRAS/BZU consortium demonstrated the best candidature for the task with the most cost-efficient and relevant proposal. A total budget of USD 17.6mio for a 4-year period is divided as following: 74% of which granted funds for the NGO’s; 11% for capacity building and policy dialogue; and finally 15% as administrative fees for the management of the secretariat.
The proposal presents a quick response to the actual need of the organisations for core support. This includes planning for call for proposals already during the inception phase, autumn 2013, the ability to have the programme up and running by January 2014. The above mentioned 74% (funds for NGOs) will be allocated with 80% of them for core funding and 20% for project funding. This is deemed as more cost effective in relation to the expected results allowing the secretariat will be able to focus on capacity building and policy dialogue in a more sustainable and cost-effective way. With this approach, it is more likely to gain results in regards of strengthened civil society organisations in line with the set-up objectives in the programme as well as the intentions of the donors set in the terms of reference for the tender.
Challenges and underlying reflections:
A very difficult and unique HR situation for civilians and CSOs: The HR situation in the oPt remains very difficult. The three duty bearers all commit human rights violations. Israel continues to violate HR and IHL towards Palestinian civilians and local NGOs. Moreover, the internal Palestinian division challenges the work of local NGOs. The Palestinian ombudsman ICHR, states in its annual report 2012 that this divide is cause to many of the violations of human rights and the closure of media associations, attacks on journalists and the harassment and arrests of human rights defenders. CSOs which traditionally have been able to operate relatively freely have also been increasingly exposed to harassment and intimidation, and organisations in both the West Bank and Gaza have been closed down due to alleged relations with the other side. The space for civil society has thus decreased as has the freedom of assembly and freedom of speech.
A relatively mushroomed and heavily challenged CSO sector: According to a mapping study of CSO in the oPt from 2011, carried out by the European Commission, CSO are challenged by:
Finding their role in the process of political transformation and state building;
Too much emphasis on service delivery and insufficient presence in the policy arena;
The constant insecurity and emergency that characterise both Jerusalem, the West Bank and Gaza, causing a divide also within the Palestinian civil society;
Lack of joint effort, cooperation and a common voice between the many Palestinian civil society organisations; Also, too much focus on individual instead of collective rights;
Little recognition of other type of civil society organisations other than non-governmental organisations such as i.e. grassroots organisations and an increasing tendency to compete amongst each other for the use of available resources; and
Insufficiency in internal governance, accountability, and transparency along with non-democratic practices internally in the CSOs resulting in limited trust from the community.
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Palestinian-Israeli CSO cooperation: With regards to civil society cooperation amongst Palestinian and Israeli organisations, a number of CSOs promotes intercultural dialogue based on equality and reciprocity between Palestinians and Israelis with the aim of working together for mutual benefit and tangible results. These initiatives are designed to help re-create the conditions among civil society for re-launching the peace process. Currently, this type of cooperation is regarded upon as negative amongst a large majority of the CSOs as it enforces ‘normalisation’, and thus ‘assuming’ that the oppressive power relations between Israelis and Palestinians were normal.
Project description:
Project objectives: The programme supports the promotion of and adherence to human rights and international humanitarian law through the HR IHL NGO Secretariat. The Secretariat will be managed and administered by the consortium formed by NIRAS and Birzeit University (NIRAS/BZU). The programme pursues four immediate objectives: 1. A HR IHL Secretariat is institutionalized and considered a key player and resourceful
partner in the promotion of HR IHL issues. 2. An effective fund for the promotion of HR IHL issues in oPt, which is transparent, reduces
corruption and duplication of funds. 3. Strengthened CSO environment in the HR IHL sector through institutional development,
internal efficiency, effective participation in democratic processes and improved performance.
4. The secretariat makes meaningful contributions to policy development in the sector through evidence based measures, and participates actively in the policy dialogue with donors and other sector stakeholders.
Results framework: Even though a final results framework is to be elaborated during the inception phase the intervention logic is clear. The programme will enable Palestinian and Israeli NGOs to lobby for a changed behaviour of duty bearers to adhere to the international conventions of HR IHL. Besides setting-up the secretariat for managing, monitoring and channelling funds, capacity building is a precondition for strengthening the civil society. The NGOs will receive funding in accordance with their own capacity development plan and needs. The policy dialogue with donors will assist the NGOs in leveraging their agendas vis-à-vis the Israeli and Palestinian authorities. NGOs will work through four mutually supportive work streams with a specific attention to the needs and vulnerabilities of children, women, Bedouin, disabled, and people living in Area C.
1. Monitoring and documentation of violations of HR and IHL, which is not already covered by other agencies or NGOs. The documentation of violation will be used to track the developments in the oPt and inform the advocacy work and policy dialogue.
2. Advocacy and policy dialogue through which the NGOs will work to motivate (i) the duty bearers at local level to adhere to the laws and regulations of the respective authorities, and (ii) to motivate the Israeli and Palestinian Authorities to revise, amend and ratify rules, regulations, policies and laws to ensure that these comply with IHL and the international conventions on human rights. The documentation below will be used to inform this advocacy and policy dialogue work stream.
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3. Awareness raising and training of duty bearers of their obligation to adhere to IHL and HR, as well as awareness raising for rights holders of the HR and IHL rights.
4. Legal aid provision is provided to victims of HR and IHL violations to ensure that these receive legal aid provision in accordance with the law.
The project structure: The donors to the programme will form a donor group led by Sweden, formalised through a Joint Financial Agreement. Donors will be represented by Heads of Cooperation in the Steering Committee. The authority of the Steering Committee includes: deciding on the general framework and policies for the HR IHL NGO Sec.; approving operational manuals and standard forms for the Secretariat; approving annual work plans and budget for the Secretariat; approving (or give no-objection) to funding as proposed by the Secretariat; deciding to open Calls for Proposals for project support; approving annual narrative reports and audited financial statements by the Secretariat; and the steering committee commissions the mid-term review or any other external evaluation of the programme. NIRAS/BZU will be present at all Steering Committee meetings but will not have voting or decision rights. A reference group will be connected to the programme and it will comprise representatives of the civil society, academia, research centres, think tanks and potentially also international organisations represented in oPt, who are independent, impartial. The main purpose of the Reference group is to provide the Steering Committee with independent expert advice and strategic dialogue regarding trends, developments and challenges in the human rights and democracy fields in Palestine.
The programme is designed to ensure that there is the highest feasible level of transparency in the selection process. Consequently, the Secretariat is expected to present a final list of eligible grant recipients based on the detailed eligibility criteria. The Steering Committee is thus expected to either endorse this list or reject it rather than engaging in selection on the individual NGO proposals. This process will serve two purposes: (1) it will uphold the principle of transparency and accountability in the screening and selection, and thus enhance the legitimacy of the Secretariat, and (2) it will limit speculation of political influence on the decision-making process as the Steering Committee simply endorses the applications based on publicly displayed criteria. The Steering Committee will also be mandated to terminate grant provisions to selected NGOs should these fail to live up to the agreement by e.g. misuse of funding or by violating the obligation to live up to international laws. The Secretariat will monitor the operations of the NGOs and suggest actions to terminate contracts to the Steering Committee if such situations occur.
Previous results:
Since 2005, donors supported a mechanism aiming to channel funds to Human Rights and Good Governance (HRGG) organisations operating in the oPt. The Palestinian NGO Development Center was procured for carrying out the programme that has been regularly evaluated. The most recent evaluation took place in 2011. An impact study conducted in Feb. 2013 outlined that the HRGG Secretariat was very effective and successful in channelling the pooled funding and in addressing the HRGG issues in oPt. While the work has been challenging, the support to the Secretariat has contributed to improved situations for the individuals who have received legal aid to e.g. combat forceful evictions and illegal detention to
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improved policy and legislation. Progress has also been achieved in terms of aligning with the Paris Declaration on Aid Effectiveness principles. The introduction of core funding has enabled the NGOs to focus their activities in accordance with their strategic plan and thus enable long-term activities. The approach has furthermore opened up for joint planning or complementary initiatives between the different NGOs (including between Palestinian and Israeli NGOs). Furthermore, the harmonisation of reporting and auditing processes has reduced transaction costs of the NGOs.
Nonetheless, the impact study demonstrated that the secretariat was less successful in building networks and in facilitating a policy dialogue. The lack of log-frame or clear goals to guide the grant-making process and policy dialogue platform, had limited the opportunities for steering the Secretariat operations and demand performance of the grant recipients.
The current proposal, present a new mechanism in terms of objectives and implementing partner. The new mechanism will target both human rights and international humanitarian law, while the previous targeted human rights and good governance. Moreover, two components were added; capacity building and policy dialogue based on HRBA, to ensure effectiveness and results achievement. The current proposal chooses a new implementing partner with international-local cooperation (NIRAS/BZU) while the previous mechanism was based only on local expertise. Finally, it is important to mention that the new Secretariat will build on the achievements of the previous setup to make sure that the capacities built previously, specially within the NGOs partners of the programme, won’t be lost and to ensure that lessons learned are taken into consideration.
Special considerations and priorities:
The overall political objective of Danish assistance is to support the realisation of a two-state solution to the Israeli-Palestinian conflict. Danish engagement in state-building in Palestine aims to promote good governance, democracy and human rights by helping Palestinian reformers to build effective, accountable and viable state institutions, capable of engaging productively with the people to promote sustainable development.
Budget:
All donors USD Denmark USD (35%) Denmark DKK
Grant Funds 74% 12,989,400 4,497,580 25,092,000
Capacity building & Policy dialogue 11% 1,951,200 676,465 3,774,000
Grand Total 1,151,754 10,599,860 10,744,648 10,599,860 903,877 34,000,000
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Significant risks: (see Annex 7 – Risk Assessment)
Two major risks are identified. An inadequate internal control within the beneficiaries NGOs remain a major risk, but the QA system of NIRAS reduces and mitigates this threat. The risk assessment raises the issue of cooperation with Israeli organisations. The act of normalisation is a very sensitive issue in the oPt and may jeopardise the main idea behind the secretariat.
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1 2 3 4 5Rare Unlikely Possible Likely Almost certain
Catastrophic
Major
Moderate
Minor
Insignificant
Religious/conservative dev.
Inadequate ownership
Deteriorated conflict CSOs being politicized
Limitations on Israeli Palestianin CSOs cooperaion Risk of inadequate internal control
Management not allowed in Gaza
IMPACT
PROBABILITY
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Annex 1 - Partners:
NIRAS/Birzeit consortium presents a clear structure for the Human Rights and IHL secretariat. NIRAS is the lead and Birzeit University, Institute of Law, is the partner. NIRAS is thus the main counterpart to the donors and the one that the contract will be signed with. A consortium agreement has been signed by NIRAS and Birzeit University, Institute of Law. It is important to note that all staff will be contracted by NIRAS. The staff will be on leave from their ordinary posts at Birzeit University Institute of Law. The Secretariat will be independent from the university, i.e. the board of the University will not be able to interfere in any of the activities or policy making of the secretariat.
Founded in 1956, NIRAS today is one of the leading consultancy companies in Denmark. It is an international, multidisciplinary consultancy company with over 1300 employees located in offices in Europe, Asia and Africa. NIRAS’s core business is to provide impartial consultancy in a variety of fields such as construction and infrastructure, public utilities, environmental and natural resources, climate change and energy, planning, and development consulting. It works in the Baltic region including Denmark, Sweden, Finland, Poland, Estonia, Russia and Ukraine. NIRAS has completed projects in over 180 countries.
The Institute of Law (IoL) was established by the Birzeit University in 1993, to promote the rule of law in Palestine by developing the necessary legal infrastructures, building human and institutional capacities on the academic and professional levels and contributing to the preparatory effort for the Palestinian legislative process. Since its establishment, the IoL has provided forum for academic and professional systematic and creative consideration of challenges facing legal institutions in Palestine. The work of the Institute of Law (IoL) has been fundamental to the advancement of the rule of law in the oPt, and to addressing the actual needs of the legal community through its various activities and programs, including research, education, outreach and advocacy.
The IoL is staffed with skilled, dedicated, experienced and highly qualified research and management team, which has proven track record in delivering results in applied research, legislative drafting, judicial training and other legal education, justice sector capacity building, and human rights and gender outreach and advocacy. The IoL has successfully implemented a series of projects over the last 20 years, including the successful implementation of the first human rights secretariat program, and the five-year initiative on Judicial Independence and Human Dignity.
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Annex 2 - Background facts:
The Palestinian Authority has considerably achieved through a comprehensive plan of institution building and fiscal strengthening since 2007. The robust growth experienced in previous years in Palestine slowed down significantly in 2012 mainly due to the persistent Israeli restrictions, fiscal retrenchment caused by a decline in donor funding, and increased political uncertainty. The slowdown in economic growth was reflected by an increase in the unemployment to almost 23% at the end of 2012. Gaza’s unemployment rate continues to be amongst the highest in the world at around 32% in the last quarter of 2012.
Negotiations between the Palestinian Authority and the Israeli government have been on hold for almost three years. The Palestinian Authority is facing a very serious fiscal situation with budget deficit higher than expected while external budget support is falling. The Palestinian Authority is making a concerted effort to strengthen its fiscal position, including steps to raise domestic revenues and control expenditures. However, the current trend is likely to further aggravate the Palestinian fiscal situation, potentially jeopardizing gains made in recent years in institution-building. A recent World Bank report concludes that the prolonged system of closures and restrictions is causing a lasting damage to the competitiveness of the Palestinian economy. This situation is unlikely to change as long as political progress remains absent.
The occupation is the primary driver of poverty in Palestine. Comprehensive restrictions on the movement of goods and people within the West Bank, major constraints on the movement of goods to and from Israel, and a near total separation between the West Bank and Gaza have resulted in a highly fragmented and distorted economy.
The general human rights situation in Palestine remains of great concern. Human rights violations are committed by all the three de facto authorities operating in Palestine: The government of Israel, the de facto Hamas government in Gaza and the Palestinian Authority in West Bank. The list of violations committed by the three de facto authorities is long.
Key social data : Unit
Population Growth - 2012 3.2 %
Life expectancy (Years) - 2011 M:72 F:75
Mortality rate, under-5 (per 1,000 live births) - 2011 20.6
Improved water source (% of population with access) - 2010 85 %
Literacy rate, adult total (% of people ages 15 and above) - 2010 95 %
School enrolment, primary, female (% net) - 2011 86 % School enrolment, primary, male (% net) - 2011 87 % Source: World Bank (2013) West Bank and Gaza - World Development Indicators [Online]. Available from: http://data.worldbank.org/country/west-bank-gaza (Accessed: 20 August 2013).
The table here below presents the indicators of the mechanism as delivered for the tendering process. A results framework will be developed during the inspection phase detailing the results to be achieved, tasks and activities to be implemented, and finally the activities indicators and means of verification.
The results framework, as indicated in the ToR, shall be finalised in close cooperation with the donors of the fund. Overall objective
Contribute to the effective realisation of adherence to HR/HIL in the occupied Palestinian Territory and to influence the behaviour of the relevant duty bearers, including Israeli and Palestinian Authorities, and the de facto government in Gaza to that end, through civil society organisations supported by a consortium of donor countries
Indicators # policy consultations in the sector involving CSOs # in PNA by-laws regulations etc. that promote IHL/HR # in Israeli by-laws, regulations etc. that promote IHL/HR Media coverage of HR/IHL issues % of changes in trends of violations according to ICHR reports # of joint actions by partner CSO on issue of HR violations. # registered CSOs
Means of verification Legal database ICHR HR reports Local media State registry Ministry of Interior Governance strategy group meeting minutes
Assumptions Political status quo Donor funding Active dialogue fora between Donors and PA
Programme logic Outcomes
Programme outputs Indicators Means of verification Assumptions
Objective 1. A HR/IHL Secretariat is institutionalised and considered a key player and resourceful partner in the promotion HR and IHL issues.
Secretariat established Staff in place Secretariat operations Secretariat portal Secretariat newsletter Community of practice Programme M&E IMS for knowledge mgt Access to international and regional networks Communication strategy
Secretariat image An online resource centre for CSOs is fully operational and used by NGOs
# marketing initiatives of Secretariat activities # sharing events # press releases # international and regional CSOs active on the portal Diversity of communication tools used to access CSOs and duty bearers
Operations manual Secretariat strategy CSO (client) survey Secretariat portal IMS Secretariat communication strategy Communication tools
Rapid mobilisation of staff Rapid approval of management structure Effective communication with donors CSOs turn to funding mechanisms for funding
Objective 2. An effective fund for the promotion of HR and IHL issues in oPt, which is transparent, reduces corruption and duplication.
Institutionalised and transparent application and fund management procedures Grant data base Funds disbursed Funds M&E
Geographical coverage of funds # core/project funding applications Disbursement rate of core and project funding Speed of application procedures Transparent financial, performance and technical report
Programme reports FAMP Financial reports Secretariat Portal CSO fund reports CSO strategies and plans
Funds made available Rapid approval of funds management manual CSO absorption capacity to manage funds
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# joint advocacy actions # innovative initiatives by CSOs # joint Israeli/oPt initiatives # initiatives targeting vulnerable groups
Objective 3 Strengthened CSO environment in the HR/IHL sector through institutional development, internal efficiency, effective participation in democratic processes and improved performance.
CSO Capacity needs assessment CSO capacity development package CSO facilitation M&E of implementation Collection of CSO stories Establish CSO networks Platforms for peer learning (incl CoP)
# registered CSOs # projects initiated in Area C CSO visibility in policy debates # of results reported in CSO reports # field visits by CSO facilitators and donors # CSO staff trained # CSOs with improved internal governance # CSOs producing business plans and Financial statements # and type of capacity building interventions # Consultation activities by duty bearers # CSO networks CSO participation in consultation # Internships
State registry of CSOs CSO annual reports Field reports Programme reports Local newspapers and other media Programme training reports Minutes of consultative meetings CSO Survey
CSO absorption capacity to implement and process capacity development interventions CSOs participate in democratic processes CSOs prepared to network
Objective 4 Scoping study # visits to portal CSO annual reports No duplication of existing policy forum
The secretariat makes meaningful contributions to policy development in the sector through evidence based measures and effective IMS against the monitoring of services, and participates actively in the policy dialogue with donors and other sector stakeholders.
Secretariat portal Policy forum Policy papers Publishing of research
# policy forum events # people attending policy events # policy dialogue to be traced in policy making # policy issues published Donors uptake of policy inputs # and types of HR/IHL players represented Feedback on policy forum effectiveness Secretariat inputs into donor strategy cycles
Partner survey News papers Forum documentation Donor strategies Justice sector strategic plan National plan of actions for HR Survey of forum participants
oPt and Israeli duty bearers are receptable in policy dialogue around HR/IHL CSOs are recognised as key players in HR/IHL Donors avail platforms for donor-CSO-duty bearer policy dialogue Access to research around IHL/HR Transparent policy pipeline of duty bearers
Annex 4 - Approved response by representation to summary of recommendations in the appraisal report:
Title of programme support HR IHL NGO Sec. 2013-2016
File number UF 2013/10283 104.Pal.53
Appraisal report date 07 august 2013
Internal Grant Committee Meeting 11 September 2013
Summary of possible recommendations not followed (to be filled in by the Representation) n/a
Overall conclusion of the appraisal: The proposal of the partner organization is a very solid and logical one, which builds on lessons learnt from previous experience. The Secretariat established will be staffed by very experienced persons. The methodology designed for strategy development, capacity building, provision of funding, and monitoring and evaluation will be based on consultation, which will ensure the alignment of the program to priorities and needs. There are a few areas and recommendations which may contribute to developing the work further, but this in no way undermines the very high quality of the proposed outline for the work and the approach.
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Recommendations by the appraisal Follow-up by the Representation
1. Adequacy of the preparation process of the partner programme and of the support:
The context analysis it does not identify the duty bearers adequately and link them to the human rights violations. The analysis of sexual violence focusses mainly on domestic violence. This needs to be widened to gender-based discrimination including gender-based violence and LGBT rights. The proposal outlines in several places how it will deal with CSOs in Gaza. However, attention should be given to ensure that Gaza CSOs should not be treated separately from the West Bank, through a separate office. The situation in Gaza needs to be regularly monitored as challenges may be different and changing quickly. It is recommended to put adequate attention by the secretariat to staying in touch with the Gaza organisations. Therefore, it should not only be the Gaza staff that maintains contact with Gaza CSOs. Gaza organisations need to be integrated in the processes of consultation and capacity building. It is important that the inception phase is not consumed in the consultation without adequate time for the actual development of strategy and plans. It is therefore important that a clear plan is put-in-place for the inception phase itself. Consultations must also not be limited to the CSOs or the authorities. It will be important to engage the different UN agencies including the OHCHR, and the Palestinian ombudsman (ICHR), and donors organizations in order to ensure a degree of coordination and avoid duplication.
While discussing the context analysis and results framework during the inception phase, the representation will follow-up on the issue of clearly linking the duty bearers with the HR IHL violations. Gender-based violence and LGBT rights will be observed. The Representation will include this during the results framework crafting process in the inception phase. During the inception phase the NIRAS/BZU together with the CSO, the donors and other stakeholder will draft a strategy for the secretariat and a results framework. The Representation will make sure that this overall strategy include and integrate interventions in Gaza as part of the oPt taking into consideration that challenges might be different in that part of the oPt. The policy dialogue with Gaza CSO will give a regular update of the priorities and objectives to pursue and will enable the secretariat to adapt its interventions. As soon as the agreements are signed, the Representation will follow with the lead donor and the implementing partner, on the existing of such plans. A reference group including international organizations and the Palestinian ombudsman will be established and will constitute a reference point not only during the consultations and inspection phase, but also during all the lifecycle of the programme.
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Recommendations by the appraisal Follow-up by the Representation
2. Quality of the partner planning framework and its alignment to national and sector strategies
The national organisation in the partnership is well involved in the national and sector work and priorities. The process of consultation and drafting a national strategy is starting, and it is well expected that the national partner national organisation (the Institute of Law at Birzeit University) will play an important role in this consultation. The feasibility of the proposal and the work, considering the national and sector political, social, economic, legal and institutional context, is ensured by the accurate contextual analyses, as well as the experience of the partner (national and international) in the subject matters. One area of analyses that is lacking and would be useful to add is a SWOT and PEST analyses of the sector as such, and not the context. It will be useful if the secretariat hosts workshops to carry out these analyses regularly. Ownership by key partners and stakeholders’ interest; prior national experience; change management and capacity to reach envisaged results; financial, human and managerial resources available are ensured through the designed consultations, needs assessments, and the structure of the secretariat.
The representation will follow-up and make sure that the results framework contain those elements.
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3. Consideration of relevant Danida thematic strategies
While the proposal does not refer directly to contribution towards poverty reduction, national sector objectives, relevant MDGs and relevant Danida thematic strategies, the issues identified by the partner as reflected in the proposal, in addition to the possibility of adopting strategies on priority areas as will be identified by consultation will enable the partner to work on these issues. In any case, the situational analyses identify many issues related to poverty reduction, MDGs and national sector objectives. The proposal states that the one of the things that the strategy will be based on is a “Mapping of IHL and HR stakeholders, including duty bearers, local and international CSOs operating in the oPt, including their capacities, interests, incentives, resources, relationships, roles etc.” while this in principle will be welcomed, this may prove to be too large, and may not be realistic. Care should be made that such a mapping is focused and narrow enough on practical recommendations so that it does not turn into a general academic exercise. The program also includes policy dialogue which is intended to be directed amongst donors on the one hand, and between donors and the human rights sector. The policy dialogue component is viewed as a content matter complement to the operational themes of the Programme. This policy dialogue will also provide a very good opportunity to carry out dialogue onto the relevant thematic policies of DANIDA.
The Representation will provide NIRAS/BZU with Danida policies and strategic priorities. The Representation will follow on including links to the MDGs, gender equality and poverty reductions while reporting on the results and achievements. Mapping and choice of beneficiaries NGOs will be scrutinized in the steering committee based on previous experiences and lesson learnt from past years. The Representation will be engaged in the Policy Dialogue with the HR IHL sector together with other donors.
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4. Proposed programme support design including justification, strategy and partner choices.
The proposal includes a very clear results based chain of intervention, with clear objectives, indicators and assumptions. It is very important that the assumptions are detailed, and that they are reviewed regularly, for example once a year. In a situation like the oPt, these assumptions may change, and therefore may have bearing on the strategy as a whole. Some of the indicators are framed in terms of laws that promote HR IHL. They should be framed in relation to “laws and practice that respect” protect and fulfil human rights and humanitarian law.” A few elements can be added to the proposed results-based framework of the program. For example, for the overall objective, could add for the indicators “# of CSO projects that are sustainable and creative”, for the means of verification, add” stories of good practice”. for objective 2: effective fund, add” Transparent and clear funding criteria” to outputs. In objective 4 of the framework, one of the designed outputs is “policy papers”. While policy papers in objective 4 are a good idea, it is very important that these do not duplicate work by other donors or human rights bodies. Also it is not clear who will produce these, for whom and according to what procedure. These should also be linked to the policy dialogue element of the work.
The inception phase is designed to carry out a series of consultations in order to develop the strategy for the three years to follow. The proposed log frame will lead to a thorough discussion and dialogue between donors, HR IHL sector and the implementing partner to craft a final results framework that will form the basis of the programme.
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5. Adherence to the aid effectiveness agenda
The design of the secretariat ensures that it is aligned with national objectives, priorities and issues by supporting a strategy which supports these objectives. The planning framework of the partner is supported by the support of the inception phase, which will identify the areas of priority for the work. The partner structures, systems and procedures for implementation will be supported fully.
In the context of the oPt, the importance of reviewing assumptions, plans and priorities regularly cannot be overemphasised. Therefore, it is important for the donors to support the partner in this process. Also the priorities of the beneficiary organisations may have to shift at times because of the volatile and changing situation. The partners need to have flexible outlook and mechanisms in order to be able to deal with this.
6. Measures to address identified capacity needs in the partner organization
The CVs of the main staff of the partner organisations reveal a high level of expertise. Capacity building plans in the proposal are designed for the beneficiary organisations. However, the proposal does not elaborate on the capacity building needs for the staff of the Secretariat. Once the organisation starts working, the Secretariat may need some capacity building for its own staff. One area of capacity building for the Secretariat which may be needed is the role of re-granting. Issues around procedures, mechanisms, etc. need to be considered, and training for staff involved in re-granting may need to be provided. Putting adequate procedures and criteria in place may not be adequate. It will be useful that consultation on this is carried out with other re-granting organisations in the region, including the Euro-Mediterranean Human Rights Foundation (EMHRF), and the Arab Human Rights Fund (AHRF).
It will be very important for the partner to consider its own need for capacity building. The provision of this could be used through the use of consultants, which are budgeted for in the proposal. NGOs selection criteria could be subject to further discussion after the elaboration of a final results framework.
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It is not clear from the proposal if the tailored made program will include specific training sessions on the specific areas identified by the needs assessments and other activities. While peer support is important, it is not adequate, and targeted training will be important. The proposal includes an outline of areas of intervention through capacity building for CSOs benefiting from the intervention of the Secretariat. The areas identified are consistent with the main areas that have been identified through previous assessments for the previous Secretariat and assessments related to other organisations. These would focus on:
Training in basic CSO functions (fund raising, networking, mobilization, advocacy, etc.)
Training in CSO management.
Provision of (technical) support in drafting of project documents
Training in project cycle management
Promote and communicate innovation amongst CSOs in the field of HR and IHL
Provision of a physical and digital platform for learning and interaction.
Provide a hub of knowledge and experience on the IHL and HR sector in the oPt; CSO operations in the sector in oPt.
Promoting HR/IHL innovation.
Media training and communication.
Training needs will be subject to specific and further focus ones the results framework is crafted. Nonetheless, and in line with the risk assessment, the Representation will closely follow on training needs to CSOs in internal control matters. Moreover, capacity building activities should designed around main areas of sustainability such:
Organisational viability, including issues of organisational management;
Program sustainability like documentation, research, report writing, advocacy;
Enduring impact including issues related to networking, contacts with the media; and finally
Financial sustainability including fundraising, reporting, etc.
It is important that the role of the Institute of Law is clarified within Birzeit University, that it has a degree of freedom in decision making, and that it does not get stuck in decision processes within the university. Particularly in this connection, clarification must be made in relation to supporting Israeli human rights organizations and initiatives, especially in the light of position of several organizations and bodies within universities on the Boycott, Divestment, and Sanctions (BDS). The formulation of the role of the steering committee in relation to the grants (approves or gives no objection) is not clear and may cause confusion. The exact role of the reference group is not clear in the proposal. It is very important that this is clarified, especially in relation to the role of the Steering Committee The Secretariat will ensure effective results based monitoring and evaluation of grants. It is important that manuals and procedures for quality control do not become mechanical and focus on quantitative aspects more than qualitative ones. Therefore, guidelines for systematic (quantitative and qualitative) results-based monitoring and evaluation of criteria, progress and outcomes will be essential. A midterm and a final evaluation are envisaged. It will also be very important for the purpose of transparency and ensure sharing learning, and for effective monitoring and evaluation that the evaluation reports are shared with the beneficiary organizations, discussed with them, and also shared publicly
BDS is also a very sensitive and important topic that might jeopardize the cooperation between Israeli and Palestinian CSOs. The clarification of the added value of such cooperation, the geographic areas of interventions and the role of each partner need to be well identified during the inspection phase and clearly mentioned in the results framework. During the inception phase, the Representation will work closely with the different partners to come with a detailed ToR for all participants and partners including decision making path.
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8. Budget
It is planned that the division of the funds dispersed through the secretariat is on the basis of 80% for Core funding and 20% for Project support. A more elaborate criteria needs to be developed, which takes into account capacity of the organization, importance of the project or organization, adaptability for emergency… Also, it is essential that funds are made available and in speedy mechanism for situations of emergency. The gap between the highest salary (of the Secretariat Manager – USD10’000/month) and the lower salary (of the office service staff, USD1,400) is very large. Donors need to consider this and decide if this raises concerns on their role, especially in the context of aid effectiveness agenda.
According to the proposal, Core funding will be provided to established NGOs, while Project support will be provided for “short term and small grants) combined with capacity”. This needs to be viewed with adequate flexibility following the development of the context and the midterm review recommendations. The proposal includes fees and not salaries. Following SIDA rules and regulations granted tenders could not be subject to post-grant negotiation.
9. Identified risks and risk mitigation
The proposal of the partner includes a detailed and accurate risk analyses. However, it mainly focusses on risks relating to organisations in the West Bank. There is no adequate attention pertaining to organisations in the Gaza Strip and to Israeli organisations. Also organisations based in Jerusalem face particularly difficulties. Also in the future it might be useful to group the risks according to the external environment to CSOs; internal to CSOs work; and internal to the Secretariat.
The risk analyses need to be revisited regularly, and it will be useful that a review of this is included in the annual reports.
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Annex 5 - List of relevant supplementary material:
- SIDA HR IHL Tender ToR (Jan. 2013) - NIRAS/BZU Technical proposal / Project Document (Mar. 2013) - SIDA appraisal - Basis for Decision on Contribution (Jul. 2013) - Draft Inputs for a Joint Programme Support Document for: The Human Rights and
International Humanitarian Law Secretariat 2014-2016 (Mar. 2013) - Impact Assessment of the Human Rights and Good Governance Secretariat in the
occupied Palestinian territory (Feb.2013)
Annex 6 – Draft results framework This draft contains suggested inputs for programme results matrix, which may be used by the four donors to the Secretariat when preparing the final document based on the tender submissions
Objectives Outcomes Indicator Target Means of verification
Overall objective
To contribute to the effective realization of adherence to Human Rights and International Humanitarian Law in the occupied Palestinian territory and to influence the behavior of the relevant duty bearers, including Israeli and Palestinian Authorities to that end through civil society organizations supported by a consortium of donor countries
Immediate Objective 1:
Adherence to the Conventions of Human Rights by duty bearers operating in oPt
1.1 Improved policies and legislation aligned with the human rights conventions by the duty bearers operating in the oPt
1.1.1 Number of legislative changes made by the Israeli authorities to existing or new laws for oPt which are aligned with the UN Human Rights Conventions (including the conventions related to women and children)
XX changes and new laws by 2016
Israeli gazette
1.1.2 Number of legislative changes made by the Palestinian authorities to existing or new laws for oPt which are aligned with the UN Human Rights Conventions (including the conventions related to women and children)
XX changes and new laws by 2016
Palestinian gazette
1.2 Reduced number of human rights abuses by duty bearers operating in the oPt
1.2.1 Reduced number of reported cases of torture of detainees in Israeli custody
XX% reduction by 2016 UN reports, media reports
1.2.2 Reduced number of reported cases of torture of detainees in Palestinian custody
XX% reduction by 2016 UN reports, media reports
1.2.3 Increased percentage of child detainees released by Israeli Authorities due to appeals and/or legal action
XX% reduction by 2016 UN reports
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Objectives Outcomes Indicator Target Means of verification
1.2.4 Increased percentage of child detainees released by Palestinian Authorities due to appeals and/or legal action
XX% reduction by 2016 UN reports
1.2.5 Increased access to justice (legal council and trials) of HR victims (detainees, house owners with demolition orders, people seeking access) vis-à-vis Israeli Authorities without delay in accordance with international law
XX% percentage of detainees are put on trial within 48 hours, XX have access to legal aid, XX number of women, children, disabled and Bedouins receive legal aid
UN reports
1.2.6 Increased access to justice (legal council and trials) of detainees by Palestinian Authorities without delay in accordance with international law
XX% percentage of detainees are put on trial within 48 hours, XX of these are women, children, disabled and Bedouins
UN reports
1.3 Improved democratic governance in oPt
1.3.1 Increased number of female candidates in political parties in oPt
XX% increase by 2016 Media reports, EU observer reports
1.3.2 Increased number of female candidates in local councils
XX% increase by 2016 Media reports, EU observer reports
1.3.3 Reduction in the number of reported cases of violations of freedom of speech and association
XX% reduction by 2016 UN reports, NGO reports
Immediate objective 2:
Adherence to International Humanitarian Law by duty bearers operating in oPt
2.1 Ensure access to and free use of land by landowners in oPt
2.1.1 Number of villagers who regain access to and are able to cultivate and live on previously seized land
XX% increase by 2016 UN Reports
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Objectives Outcomes Indicator Target Means of verification
2.2 Enhanced freedom of movement between all parts of the oPt
2.2.1 Number of Palestinians allowed access to Gaza and East Jerusalem
XX% increase by 2016 UN Reports
2.3 Access to humanitarian services for all sections of Palestinian society
2.3.1 Number of persons in Palestine with access to humanitarian services increased
XX% increase by 2016 UN Reports
2.4 An end to forced displacement
2.4.1 Number of house demolitions prevented through the court system
XX% increase by 2016 UN reports
Immediate objective 3:
Palestinian civil society strengthened to address HR and IHL issues in oPt
3.1 Improved capacity to strategise and implement plans
3.1.1 Number of plans implemented by NGOs with 70% achievement rate by 2016
XX by 2016 NGO plans, reports and audits
3.2 Increased number of female representatives in boards of Palestinian and Israeli NGOs
3.2.1 Number of female members of NGO boards increased
XX% increase by 2016 NGO plans, reports and audits
3.3 Joint civil society initiatives among Palestinian NGOs
3.3.1 Number of joint initiatives between Palestinian NGOs
XX by 2016 NGO reports
3.4 Joint civil society initiatives between Israeli and Palestinian NGOs
3.4.1 Number of joint or complementary Israeli-Palestinian NGO initiatives
XX by 2016 NGO reports
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Annex 7 – Risk Assessment
Risk Probability Impact Mitigation
Co
nte
xtu
al
risk
s
Deteriorated conflict
The risk of deteriorated conflict is constant in the oPt; both the Palestinian-Israeli conflict, as well as the intra-Palestinian divide. Scale: Possible 3
A deteriorated conflict would have severe consequences for the HR IHL organisations, both in increased limitations of movement and access, but also since a deteriorated situation risk forcing a change of focus from HR and IHL to humanitarian aid and service delivery. Internal capacity building for participating organisations as well as long term advocacy work towards the three duty bearer will most probably be put on hold. A situation like this would affect all objectives in the programme. Scale: Major 4
Monitor the conflict and political development closely in dialogue with the implementing partner. Raise preparedness among the donors as well as within the Secretariat to be able to shift focus geographically or thematically, to meet humanitarian needs in case of deteriorated conflict. Responsible: NIRAS/Birzeit & donors
Religious and conservative development risks to deteriorate the gender and HR situation
Deteriorated development towards a more conservative society is a real threat to human rights and gender situation. It affects all objectives and especially the overall objective of the programme. Scale: Possible 3
Such development already affects the development of HR and women's possibility to claim their rights and participate in society development. Religious and conservative development risk might affect HR IHL organisations possibilities to act. Scale: Minor 2
Closely monitor partners NGOs and give them the adequate support they need. Work on a broad basis and contribute to strengthening the networks of the HR and IHL organisations so that they together can make a stronger voice for human rights. Donors might support with advocacy to duty bearers. Responsible: NIRAS/Birzeit & donors
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c r
isk
s
Risk for management team not permitted to enter Gaza
There is a constant risk that the Palestinian management team, whole or parts of it doesn't get permit to enter Gaza. This is related to the Israeli authorities’ good will of letting Palestinians from the West Bank or East Jerusalem enter Gaza Strip. These Israeli regulations tend to change from time to time. Scale: Likely 4
This might have a certain impact with regards of the Gaza organisations support, but also being a part of the whole programme and possibility to interact with the management team. This would also affect the capacity building of the Gaza organisations negatively. Scale: Minor 2
Monitor closely the experiences gained of possibilities to enter Gaza for the management team. Considering alternatives as entering through Egypt/Gaza boarder. Donors should conduct advocacy activities to the Israeli authorities in case of sudden limitations. Responsible: NIRAS/Birzeit & donors
Risk of inadequate internal control:
Management and organisational capacity especially with small CSOs working in a complex context. Monitoring through results based management (RBM) is quite new in the oPt. Hence this will be a learning phase for the local CSOs and the RBM tool needs to be a part of the capacity building on all levels. Audit processes, financial control, procurement and risk of corruption: Involving small CSOs working in a difficult context increases the financial, mismanagement and corruption risks. Scale: Likely 4
Weakened organization, lack of effectiveness delivering results. Reports of weaker quality and the whole chain of monitoring and reporting of results risks to weaken which affects the whole programme. The beneficiary organisations will lack efficiency, transparency and future funding. This also might increase the risk for corruption. Scale: Major 4
A pre-award organizational assessment is very important to avoid the risk of supporting too weak organisations. Quality assurance mechanism and control procedure done by NIRAS are intended to mitigate this risk. Capacity building activities aim to strengthen CSOs system for internal control and financial management. RBM is an essential part of capacity building, but also of the policy dialogue. Responsible: NIRAS/Birzeit
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s
CSOs being politicized due to traditional political affiliations can negatively affect intra Palestinian CSO cooperation.
Affiliations among CSOs to political parties of fractions are common in the oPt and there is a possible risk to involve with organisations of the kind. Working with human rights in the oPt, it is of great importance make a distinction from politics and remain neutral to be able to be conflict sensitive and gain credibility. Scale: Possible 3
Political statements from the NGO’s side might challenge donor’s political position and dialogue with the relevant duty bearers. Moreover, certain political narratives might challenge donor’s diplomatic language. This would affect negatively the programme's credibility on all levels and objectives. Scale: Major 4
Elaborate thorough criteria for funding which take the risk in to account. Closely monitoring the programme and use the policy dialogue as tool for mitigating the risk. Responsible: NIRAS/Birzeit
Limitations on cooperation with Israeli CSOs.
The act of normalisation (cooperating with the occupier) is a very sensitive issue in the oPt, regardless of the independence of the Israeli organisations from the Israeli state. Scale: Likely 4
This will affect the participation of the Israeli CSOs. This would affect the programme's credibility on all levels and objectives, especially regarding the IHL components. Scale: Major 4
To elaborate a special strategy for cooperation with Israeli organisations as well as a model for fund management that will avoid the risk of subjective assessments Responsible: NIRAS/Birzeit
Risk of inadequate ownership and failure to sustain results
A very strong donor’s influence in steering the mechanism, can negatively affect both the ownership and the sustainability of the programme. This is also valid for the Secretariat's behaviour to the organisations. Too detailed steering risk affect the sustainability. Scale: Likely 3
Lack of ownership can have serious implications for the outcome as well as the sustainability of the programme. The risk is lack of tangible results as well as delays in planning and monitoring the project. Scale: Moderate 3
Closely monitor the programme but at the same time continuously discuss the level of steering to avoid micromanagement. Policy dialogue and participatory approach will positively increase CSOs ownership. Responsible: NIRAS/Birzeit & donors
