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Structural, Policy and Legal Assessment
Presented by Ms. Kokuteta Mutembei
HIV/AIDS BI-ANNUAL REVIEW 2008
Outline of the Outline of the Presentation Presentation Objectives of the studyMethodology and Key Questions
Findings (Structure, Policy, Legislation)
Recommendations
Objectives of the study Objectives of the study To assess the HIV and AIDS
institutional arrangement and progress made for the implementation of the national response
To assess the coordination structure, policy and legal environment
Document challenges Recommend structural, Policy and
legal environment for smooth implementation of the national response
MethodologyMethodologyReview of TACAIDS documentsReview of selected policies and
legislationInterview – CSOs (Help age, save the
children, wama, Wamata)Interview with selected Ministries –
Finance, Home Affairs, Justice, Community Development, HRGGC, Infrastructure, Education, Culture and sports
Tool for development partners- USAID, GTZ, UNICEF, UNAIDS
Interview with selected TACAIDS officials
Key Research QuestionsKey Research QuestionsHave there been mainstreaming of HIV
and AIDS in other sector policies, guidelines? Policy implementation challenges
Is there a monitoring system that measures progress of policy implementation? How does the monitoring system work?
Do the strategies/plans and programmes have budgets?
Is the legislation establishing TACAIDS realistic?
Key Research QuestionsKey Research QuestionsAre there supporting regulations? What is the current institutional
set up?How do lower level structures link
up with the higher level structuresChallenges in institutional
arrangements what do other actors think of
TACAIDS coordination role?
Findings- PolicyFindings- PolicyAchievements: HIV and AIDS Policy in
PlaceThere is a body of clear policy guiding
implementation of multisectoral strategies◦ HOWEVER,
Many of the problems evolving out of implementation are a result of weak policy implementation
HIV and AIDS Policy - role of TACAIDS as a coordination body need to be streamlined.
PolicyPolicyLack of policy clarity- delineation
between he role of TACAIDS and local government, weak accountability structure
Inconsistencies – eg. Age of children, definition of orphan
Overall no comprehensive protection of vulnerable groups – particularly orphans and women (across policies)
PolicyPolicyAn opportunity to mainstream
HIV and AIDS in all community development interventions – but community Development Policy needs improvements
Gender equality and discrimination still a challenge
The prevention element is weak key policies with the exception of the HIV and AIDs policy
PolicyPolicyInability of TACAIDS to coordinate
the various policy interventions is a result of weaknesses within the HIV and AIDS policy and the Act
M&EM&E• Achievement: A national HIV-Monitoring
and Evaluation System (HIV-MES) has been developed by TACAIDS
• monitoring of the HIV and AIDS policy and other policies that support the national response is relatively weak.
• At the national level, the various HIV and AIDS programmes being implemented are monitored through different monitoring systems. GF (TNCM); SADC; Monitoring not harmonized and still under development
StructuresStructures◦Structures within TACAIDS
Achievements: The TACAIDS Act -established as an independent unit within the Prime Minister’s office
Structures have been established within central and local levels
StructuresStructures
ChallengesPolicy and Act does not elaborate
on reporting/accountability structures within TACAIDS
Some of the divisions are implementing activities and NOT coordinating or providing strategic leadership or facilitating implementation
StructuresStructures◦National Structures
achievements - facilitation of MDAs to establish HIV and AIDS focal points- strategies developed, activities appear in MTEF, guidelines developed◦HOWEVER
Some of the focal points do not understand their specific roles
Structures Structures Focal points do not report to
TACAIDS directly TACAIDS does not follow upstrategic plans are not adequately
funded Some focal points do not participate
in all TACAIDS coordination meetings
limited support from higher level decision making bodies
Structures Structures Bureaucracy and delays in
receiving funding for activities ◦ LOCAL LEVEL STRUCTURES
Achievements: Structures established at every local level and there are HIV and AIDS coordinators ◦ Challenges
Some of the structures function well while others do not
Lack of funds
StructuresStructuresSome of the key actors are said
not to be attending meetings at CMAC level, for example MPs who play a significant political role.
Limited capacity of WMACCommittees not well functioning
and misuse of funds donor assistance and CSO
coordinated – but could be improved
StructuresStructuresno vertical or horizontal
coordination of HIV and AIDS activities at local levels
lack of clear accountability structures at local levels
Legislation Legislation TACAIDS ACT- has limited powers
in terms of decision making regarding powers that are provided in the TACAIDS Act..
The role of TACAIDS in the Act is not very clear
HIV AIDS (P&C) ACT- Does not impose a duty on the government to provide orphans and PLHIV basic health services, ARVs or an adequate standard of living
LegislationLegislationAccess to social services is not
legally guaranteed for various groups (though mentioned in policies)
Low legal security for womenInconsistencies regarding rights
of women and children
Recommendations Recommendations Overall, great achievements. The
first NMSF set the foundation for effective implementation of NMSF II but more work needs to be done to improve the enabling environment
There is need to closely evaluate the relevance of all the structures
TACAIDS needs to review its internal structures (be realistic)- need to review policy? Act?
re-assess the entire concept and value of HIV and AIDS focal points
Recommendations Recommendations Acts should make it obligatory for
decision makers to take concrete measures to address HIV and AIDs in MDAs
Annual performance reviews should be undertaken
RecommendationsRecommendationsTACAIDS should first take stock of
what the committees at been able to do, the lessons, challenges and opportunities
discussions with local government on how to integrate committees in the local government structures
Need to strengthen coordination and strategic leadership role
RecommendationsRecommendationsTACAIDS needs to disseminate the
HIV and AIDs policy and NMSF widely follow up on developments in
implementation of sector policies that support the national response
advocacy support provided to CSOs should be geared at upstream activities/strategies that aim at influencing policy change or policy implementation and change in legislation
RecommendationsRecommendationsCSOs that implement gender
equality programmes should be supported to promote change in behavior at community level
End End
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