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

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