| TERMS OF
REFERENCE
for policy paper
preparation on Governance reform in Ukraine
Introduction
The Programme
Participatory governance: building an inclusive and transparent
process in Ukraine
is part of a comprehensive UNDP approach
to support the government of Ukraine in its declared objective to reform the system
of governance in the state. According to the Presidential Decree # dated
August,1, 2002 insuring transparency is one of the key state
priority in Ukraine. The Programme will focus on the two related
areas: reforming the systems of policy-making and policy management. Through the
parallel implementation of these two initiatives, UNDP aims to support the
over-arching objective of building an open and participatory policy culture in
Ukraine.
In the year 2001 the President of
Ukraine stressed several priorities for the government of
Ukraine. The priorities to ensure transparency and to
promote reform of the governance system are among them. These two priorities are
closely tied with each other and aimed at improving of public
administration.
Transparency and
accessibility of government decision-making before the people are to be the
hallmarks of the relationship between government and civil society, while the
effectiveness of government is to be judged by the quality of the services which
it delivers to the public. The
cornerstone demand to ensure transparency affected the implementation of consultation and freedom
of information policies in most OECD states as well as in many states in Central
and Eastern
Europe.
Lack of transparency in
the decision-making process has been a major constraint in the Ukrainian
government’s efforts to reform its public administration and introduce a system
of good governance. The country’s transition to
democracy has been complicated by a soviet tradition of public administration
predicated upon the premise that it is the citizen’s duty to serve the interests
of the state and not the other way around. The procedures and structures of public
administration inherited from the previous regime have not been able to deliver
an effective, democratic government.
Under the old pre-independence political system, the government performed
only administrative functions, without any authority to make decisions, to
change them, or to connect those handed down by the central government with
overall social objectives. Furthermore, the government machine existed to secure
its own interests rather than to serve society with decisions nearly always
based on the successful promotion of someone’s private interests. State leaders
were unconcerned with explaining or justifying their decisions to the public,
because their mandate did not include transparency or accountability. In this one-way road government
structure, the civil society was effectively invisible; the machine worked
without considering it, disregarding citizen needs and
desires.
The background conditions for
ensuring transparency are the
political will to build openness and effective system of governance. Clear and
smooth system of cooperation between branches of power, clear differentiation of
functions and powerful mechanisms of interaction inside governmental bodies,
between them and with the public, facilitation of the consultation procedures
within decision-making process, etc are now seen as fundamental democratic
demand to develop sound governance systems and
practices.
Constitution of
Ukraine provide the basis for building transparency
and organisation of the governance system in
Ukraine. But main principles, declared in the
Constitution of Ukraine have to be followed by the development of real mechanism
and procedures, clarification of functions etc. There is still no law on the
Cabinet on Ministers in Ukraine. The ideas to strengthen the role of the CMU,
to differentiate career public servants and political appointees, mentioned in
the Concept of Administrative Reform, have to be followed by additional changes
in the system of governance. It is not enough just to create the posture of State Secretary and to call Ministers
political leaders, but it is necessary to consider the mechanisms of political
responsibility in the general concept of power division. Nowadays the needs to
strengthen cooperation between the President and Parliament, between central and
local government, to improve the activities of the Cabinet of Ministers of
Ukraine and its cooperation with the Parliament are debated. But there are lack
of general concept of the reform, analyses of alternatives of action and their
impacts, wide discussion of the reform with the representatives of local
government and civil society. That`s why the preparation of policy paper on
governance reform and its discussion is of great
importance.
2.
Scope of the
mission:
2.1 Statement of purpose and outputs
2.1.1 The policy paper
preparation aims to contribute to the development of open policy processes
through the improvement of system of governance and decision-making
process.
2. 1.2 The expected output is the
policy paper on governance reform in Ukraine.
2. 1.3 The policy paper will provide framework for the reform of
governance in Ukraine and will help to clarify functions of branched of power,
estimate the potentials of cooperation strengthening between President and the
Parliament, as well as strengthening of the Cabinet of Ministers, facilitate
cooperation between central and local government and decentralization.
2.2
Tasks:
In delivering the output, the
following tasks should be undertaken:
Phase I – Information Collection
and Analysis (14 days):
q
Review
UNDP documents and consult with Program Management Unit to fully understand the
key issues of the programme and demands;
q
Collect
and study analyses produced by governmental and independent researches in the
field;
q
analyze
Ukrainian legislation and Address of the President of Ukraine regarding to the
topic;
q
Consult
the other experts in the field.
Phase II – Preparation of the
Outline and Draft of the Policy Paper (14 days):
q
Drafting the outline
(Box 2);
q
Presentation of the list of publication of Ukrainian experts regarding
the topic and outline draft to the Programme Management
Unit;
q
Analyzing comments and proposition for the
outline;
q
Drafting policy paper.
Phase III – Finalisation (17 days):
q
Workshop (Discussion 1of the draft
document);
q
Finalization of the policy paper
(Box 3)
q
Presentation at UNDP of the results of the research.
Box 1 – Structure of Policy
Paper
q
definition of the problem,
q
history
of the problem in Ukraine,
q
world
experience in reform of the governance ,
q
alternatives of actions and analyses of their impacts,
q
optimal
way of action,
q
potential disadvantages, conflicts of interests and ways to overcome
them;
q
potential partners,
q
plan of
actions,
q
identification of amendments to legislation,
q
key
indicators for efficiency evaluation,
q
analyses of necessary resources.
Box 2 - The final elaboration of the policy paper
that is
presented to the Programme Management Unit (UNDP-Kyiv ) should
include:
q
Press
Release;
q
Slide
presentation for policy papers;
q
Handouts;
q
Bibliography list of reference materials (including the list of
publication of Ukrainian experts regarding to the
topic);
q
Outline
of policy paper
q
Full
texts of policy paper.
Box 3 - Stakeholders for
Consultations
q
Central
and local government officials
q
Leading
NGOs, think-tanks
q
UNDP
Program staff.
3. Implementation
Arrangements:
The team of local
experts will be created on the basis of
NGO (Box4 and 5) to prepare the policy paper.
The work is
supposed to start at December, 12
The outline of
policy papers should be submitted to the UNDP and discussed no later than
20th of December, 2002.
The workshop to
discuss the policy paper with the representatives of central and local
government should be held at the middle of January, 2003.
The policy papers
should be finalized till the end of January, 2003.
The follow-up
publication of policy paper and round table is supposed to be at the end of
January-beginning of February, 2003.
q
The national experts will be responsible for
the entire work, delivering the expected output and its presentation at
UNDP.
q
The NGO will be responsible for the creation
of the working group, provision of the group with all necessary equipment and
data necessary to prepare the policy paper.
q
The NGO will be responsible for facilitating
of the discussion of PP, organization of the workshop to discuss the policy
paper and generalize the feedback.
q
NGO will take responsibility for its own
schedule and ensuring a consultative process.
Box
4 - Conditions for applicants
Organizations interested in
competition, should send
q
self-describing information
(name, registration date, statute, address, contact person, work
experience in field of violence prevention) and
q
short
description of actions within the framework of project and action plan
budget.
Box 5. Requirements to the organizations qualified to
participate in the tender
q
The existence of juridical status of organization
q
Relevant educational and professional background of the organization’s
personnel, experience in the field
q
Experience in cooperation with governmental institutions on central and
local level
q
Analytical capacity to develop policy papers
q
Experience in own and joint projects fulfillment
q
Capacity of the organization to provide financial management
Box 5 – Implementation
Schedule
¨
Analytical phase – information generation and analysis
14 days
¨
Preparation of the outline draft and list of publications
3 days
¨
Presentation and discussion of the outline draft to PMU
1 day
¨
Preparation of the Policy Paper draft
10
days
¨
Workshop to discuss PP draft
2 days
¨
Evaluation of propositions and generalization of the feedback
5 days
¨
Finalization of the PP
11
days
¨
Presentation at UNDP
1 day
Total: 45
working days
¨
Publication of the PP
¨
Follow-up round-table
Offers should be delivered to UNDP
Office in Ukraine before 10:00
am December
11, 2002 by fax
253-2607 or via e-mail vol@un.kiev.ua with
copy to tperepel@un.kiev.ua, or by mail to the following
address:
1,
Klovskiy
Spusk St.,
Kiev, Ukraine, 01021
Thank you in
advance.
Business
Centre
UNDP Office in
Ukraine
 Governance reformTOR (PGP).doc |
