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					Udenrigsministeriet


 initialer       kontor         Journalnummer                dato
                 BFT            104Cambodia1MFS20            30-05-2008

 Draft TERMS OF REFERENCE for Danida/DFID Joint Annual
 Programme Review of the Natural R esource Management and
 Livelihoods Programme, Cambodia 8 t h – 19 t h September 2008

 1. Background
 1.1     Rural Poverty in Cambodia
 Cambodia is a poor post-conflict country. Despite an average annual economic growth of about
 8%, rural poverty still accounts for approximately 90% of total poverty in Cambodia. The ability of
 the poor to gain access to natural resources, such as land, water, forests and fish, is one the most
 important means to sustain livelihoods or to move out of poverty. Dependence on access to natural
 resources in the face of a rising population means, however, that competition for land is increasing
 and declining returns limit the potential for investment in livelihood diversification. Landless
 families who move to settle in newly opened areas are vulnerable to crop failure. Flooding or
 droughts are often confronted with both increased livelihood insecurity and land degradation.
 Women face particular difficulties in securing access to land and other assets.

 Poor ‘governance’ in the natural resource sectors also exacerbates rural poverty. This situation is
 reflected by a legal vacuum, a lack of ‘rule of law’ or accountability, and limited human resource
 capacity particularly at sub-national levels of governance. With 70% of the population below 30
 years old and with approximately 250,000 new entrants annually to a predominantly agrarian labour
 force, Cambodia has a need for economic development, employment and investment in
 opportunities in rural areas to counter any short-term windfall exploitation of the country’s natural
 resources.

 1.2    Preparation of the Natural Resource Management and Livelihoods Programme (NRMLP)
 To address some of the problems associated with rural poverty in Cambodia a Natural Resource
 Management and Livelihoods Programme (NRMLP) was prepared by the Royal Government of
 Cambodia (RGC) and Danida in cooperation with DFID and submitted for approval and
 appropriation in April 2006.

 The NRMLP was designed around the successful local government integrated development
 planning system in Cambodia. It aims to support key Royal Government of Cambodia (RGC)
 reforms (notably with regard to decentralization and deconcentration, land management, forestry
 and fisheries) and to improve policy, planning, institutional processes and service provision within
 key sectoral agencies. The programme also seeks to strengthen the role of civil society in improving
 the demand for Natural Resource Management (NRM) in local development plans and
 accountability in local governance. The NRMLP was formally launched at a ceremony officiated by
 the Council for Development of Cambodia (CDC) on 12 September 2006.                  Memoranda of
 Understanding (MOU) have since been established with key RGC partner institutions including
 CDC, the Ministry of Interior, Ministry of Land Management, Urban Planning and Construction
 (MLMUPC) and the Forestry and Fisheries Administrations.
 1.3    The Multi Donor Livelihoods Facility
 The Multi-Donor Livelihoods Facility (MDLF), embedded in the Royal Danish Embassy - Danida
 in Phnom Penh, is a joint Danida/DFID initiative to support the implementation of the NRMLP
 during the period 2006-2010. The total budget of approximately US $ 65 million (Danida: 220
 million DKK, Special Environmental Assistance, DFID: 13 million GBP, Rural Livelihoods
                                                    2


Programme and NZAid: US $5 million) will, over a four and a half year period, provide support to
rural communities in 707 communes in 14 Provinces.

The MDLF is the first of its kind in Cambodia pursuant to the decision of two bilateral donors to
jointly formulate, appraise, fund and implement the NRMLP. The purpose of the MDLF is to
provide a more efficient and effective harmonized mechanism for the delivery of bilateral donor
development support to both the RGC and the Cambodian civil society to improve the livelihoods
of the poor. It aims to put into practice the international agenda on donor harmonization and
alignment in Cambodia, such as the Rome and Paris Declarations and the Nordic + policies and
strategies. It is based on the agreement that DFID and NZ Aid will delegate their financial and
managerial responsibilities to Danida by using Danida procedures.

A Protocol/Operational Guideline was signed on 26th November 2006, and describes in detail the
procedures of cooperation for the MDLF, in line with signed Agreements and the Programme and
Component documents
2. Overview of the NRMLP
The NRMLP focuses on reducing rural poverty and addresses the overall development objectives of
RGC as laid down in the Rectangular Strategy, 2004-2008, the Cambodia Millennium Development
Goals (CMDGs) and the National Strategic Development Plan (NSDP) 2006-2010. The
development objective of the programme is to contribute to improving the livelihoods of poor rural
people and the sustainable management of natural resources through good natural resource
management and governance arrangements. The immediate objective of the NRMLP and the
development objective of each Component are to reduce the vulnerability of poor rural people
whose livelihoods are dependent on natural resources. The activities directly and indirectly improve
rural livelihoods, support good governance and social accountability, and enhance sustainable
management of natural resources.

The NRMLP strategy focuses on supporting communities through Commune Councils to enable
them to play a more active role in the local governance of land and natural resources. This facilitates
i) secured rights, titles and access of poor people to land and natural resources; ii) access to funds for
NRM and livelihoods investments through the local government integrated development planning
system; iii) greater engagement and opportunity for communities in the sustainable management,
processing and marketing of natural resources; and iv) improved capacity of line agencies to deliver
services within a more coherent policy framework.

The NRMLP comprises three components:
   i)      Natural Resource Management and Livelihoods as part of the multi-donor assistance to
           the National Committee for Decentralisation and Deconcentration reform (NCDD).
   ii)     Civil Society and Pro-Poor Market Development.
   iii)    Sector and Policy Development encompassing three sub-components:
           o Land
           o Forest and Environment
           o Fisheries
3       Objective of the JAPR
The overall objective is to assess progress of the NRMLP since the last Joint Annual Performance
Review (JAPR) in April 2007 and review work planning for 2009. The JAPR will focus on key
strategic, sector specific reform processes around service delivery and improved policy and
institutional environment as well as RGC management of the implementation plans 2007 – 2008.
This will include, but not be limited to, undertaking:
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     Review of management arrangements in each component in term of use of RGC processes and
      institutional systems including planning, budgeting and monitoring and evaluation.
     Programme and Component-specific assessments of progress to date and implementation
      arrangements, specifically impact on the ground and benefit to poor people in each component.
     An assessment of adjustments, if necessary, in the light of changes in programme context, sector
      developments and assumptions and risks.
     A review of the work planning for 2009 including recommendations with regard to programme
      financial management procedures.


4      Scope of the JAPR
The scope of the JAPR is based on the requirements expressed in the Guidelines for Programme
Management (Danida, October 2007)

4.1     General tasks
The overall tasks of the JAPR are to:
 Re-assess the current national context and progress of key RGC reforms of relevance to the
    NRMLP including the national policy and legal framework, status of and plans for further
    development of the NSDP, ongoing or planned public sector reforms on Medium Term
    Expenditure Frameworks and Public Financial Management (MTEF/PFM), salary reforms and
    Merit Based Performance Initiatives (MBPI), macro-economic conditions and the budgetary
    situation within the relevant sectors.
 Re-assess sector progress and other critical developments relevant to the NRMLP including
    natural resource and rural development sector policy reform as well as sectoral progress against
    RGC/donor Harmonisation and Alignment (H+A) Action Plan.
 Review the implementation of the work plans for 2007-2008.
 Assess coherence of the programme to national systems and processes, government ownership
    and the institutional and managerial arrangements to support implementation of each
    component including requirements for progress reporting.
 Review proposed programme and component disbursements and expenditure to date.
 Review the programme structure and implementation modalities including, if appropriate,
    budget reallocations.
 Review and assess programme and component-level plans to support capacity development at
    national and sub-national levels including the use of national and international technical
    assistance and proposed exit strategies.
 Review and assess how priority cross-cutting issues (gender, climate change, environment, good
    governance and Indigenous Peoples) are being systematically addressed during implementation
    of the NRMLP and its components and sub-components and whether reallocations of funds are
    required.
 Assess other donors’ ongoing and planned interventions in support of natural resource
    management and livelihoods and assess the prospects for improving donor harmonisation and
    coordination mechanisms.
 Review and assess the updated programme and component logical frameworks, indicators and
    continued relevance of risks and assumptions.
 Recommend prioritised actions for follow-up and a Process Action Plan (PAP) subsequent to
    the JAPR. The recommendations included in the Review Aide Memoire (RAM) will be
    presented at a joint MDLF donor meeting to agree on prioritised follow-up activities.

4.2             Component-specific issues
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Additional Component–specific issues to be addressed by the JAPR will include, but not be limited
to, the following:

4.2.1        NRM in Decentralization and Deconcentration

In May 2008 a mini-study was undertaken to provide inputs and recommendations to the JAPR.
Outputs from this mini-study included:
 A summary analysis on use of earmarked NRM funds at Province, District, Commune level and
   distinctions between what funded at each level and implications for roll out of NRM Categorical
   Grant.
 An analysis of links with RGC (NCDD) systems and structures at each level: links with
   commune planning process, financial flows and reporting, procurement and environmental
   safeguard procedures, links with Excom and provincial/district facilitation teams, links with
   relevant line departments.
 A summary of the strengths/weaknesses, recommendations for Programme of Support for
   Democratic Decentralisation (PSDD) improving systems/structures, use of Technical Assistance
   (TA).

Using this mini-study the JAPR will:
 Review the risks and assumptions in relation to PSDD/NCDD and the recently passed organic
   law.
 In the context of existing agreements, review and make recommendations on the NCDD
   management and funding arrangements, including TA (national and international) requirements
   in 2009.
 Review and assess implementation in 2007-2008.
 Make recommendations for future direction of the component with particular reference to
   increasing on-budget financing and strengthening government systems.

4.2.2        Civil Society and Pro-Poor Market
In May 2008 a mini-study was undertaken to provide inputs and recommendations to the JAPR.
Outputs from this mini-study included:
 A summary on use analysis of the Civil Society Small Grants Scheme and its application by
   provincial partners.
 A review of strengths/weaknesses and recommendations for Provincial Facilitators in improving
   allocation of these grants.

Using this mini-study the JAPR will:
 Review and Assess progress to date on the implementation of the component with a focus on
   roles and responsibility of the National Coordinator, Provincial Coordinators and local NGO’s .
 Review and assess the progress towards establishing CBO’s and microgroups.
 Make recommendations for future direction of the component.

4.2.3        Land sub-component
There are critical contextual issues that have affected the implementation of the Sub Component.
These include the suspension of the World Bank funded Land Management and Administration
Project (LMAP) for several months due to serious issues in the management by MLMUPC;
protracted delays in starting implementation of the CIDA financed component of LMAP; the lack
of follow-up to the ADB financed commune boundary demarcation component as part of the
second phase of the Commune Council Development Project; a KPMG-review of the Performance
Based Field Allowances for LMAP land registration teams and impacts on Danida/DFID efforts to
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align with Sub Decree 98; a (relatively) dysfunctional Technical Working Group Land (TWG-L),
currently without a Lead Development Partner Facilitator; the nature of the Land Policy
Declaration preparation process; the role and functioning of the Global Donor Platform on Rural
Development to support the development of a new land sector policy/programme; and the Prime
Minister’s recent remarks about the dysfunctional National Authority for the Resolution of Land
Disputes established in 2006. There are also issues over the MLMUPC commitment to the
implementation of this sub-component.

Due to the issues above, in June 2008 a mini-study was undertaken to provide inputs and
recommendations to the JAPR. Outputs from this mini-study included:
 An assessment and analysis the commitment of the MLMUPC to the implementation of the
    sub-component as articulated in the Programme Memorandum.
 An assessment and analysis of progress against the 2007/2008 Annual Workplans and Budget s
    (AWPB) and anticipated sub-component targets.
 An assessment and analysis the implications of the recent donor consultations on division of
    labour, the claims of territory of donors within the sector, the lack of coordination and weak
    TWG-L.
 An assessment on whether the sub-component should continue to be implemented exclusively
    through a (centralized) government line agency (the Sub-component AWPB-2008 is 70% central
    level expenditure) and/or explore the ways to either strengthen efforts to support the same line
    agency at sub-national levels and/or increase support to the land sector through national and
    international NGOs.
 An analysis of the implications of the changes in terms of original aims and objectives of the
    sub-component and related funding allocations.
 A brief analysis of the current situation of extensive, and often unrecorded land exchange all
    over the country causing changes in land use pattern and assess, in general, the implications for
    the Commune Land Use Planning (CLUP) processes and value of land use maps.
 Consideration on whether the CLUP process is viable, cost effective and sustainable within this
    context and whether continued support should be provided.
 An assessment of the quality of the facilitation provided at sub-national levels for both planning
    processes Commune Development and Investment Planning and CLUP and the time
    implications.
 A review of existing TA quality, roles and functions and recommend changes as required.

Using this mini-study the JAPR will:
 Review and assess use of RGC systems and human resources in planning, budgeting, M & E and
   implementation.
 Review roles and requirements for TA.
 Review roles of Technical Working Group Secretariats and relationship to the implementation
   of the sub- Component.
 Review and assess the progress to date.
 Make recommendations for future direction of the component.

4.2.4         Forestry Sub-component
   Review and assess use of RGC systems and human resources in planning, budgeting, M & E and
    implementation.
   Review roles and requirements for TA.
   Review roles of Technical Working Group Secretariats and relationship to the implementation
    of the sub- Component.
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     Review and assess the progress to date.
     Make recommendations for future direction of the sub-component

4.2.5           Fisheries Sub-component
     Review and assess use of RGC systems and human resources in planning, budgeting, M & E and
      implementation.
     Review roles and requirements for TA.
     Review roles of Technical Working Group Secretariats and relationship to the implementation
      of the sub- Component.
     Review and assess the progress to date.
     Make recommendations for future direction of the sub-component.

4.3       Methodology

The JAPR will be informed through the combined use of documents, interview findings and a short
field visit to stakeholders at the sub-national level Meetings will be conducted with key stakeholders
as follows:

     National framework stakeholders: notably Council for Development of Cambodia (CDC). Ministry
      of Interior (MoI). Ministry of Economy and Finance (MEF). Ministry of Land Management,
      Urban Planning and Construction (MLMUPC). Forestry Administration (FA) and Fisheries
      Administration (FiA).
     Donors: notably Sida, DFID, UNDP, the World Bank, FAO, EC, GTZ
     Programme stakeholders: Programme counterpart organisations, provincial and district
      administrations, commune councils, civil society and private sector organisations. A short field
      visit will be conducted to meet with provincial and local administrations and current and
      beneficiaries of the NRMLP.

The JAPR will be concluded with a Review Aide Memoire (RAM) that will present the team’s main
findings, conclusions and recommendations.

5               Timing and Reporting
     The JAPR will take place in Cambodia from 8th – 19th September 2008
     The appraisal team leader will forward a Mission Preparation Note to RDE at the latest by 01
      July 2008 outlining key JAPR issues, outstanding questions and clarifications, and requested
      meetings, request for additional information, and further details on how the JAPR will be
      conducted.
     The JAPR will begin in Cambodia with an inception meeting with relevant RGC representatives
      and Danida/DFID/NZAid on 8th September 2008.
     The Review Aide Memoire (RAM) will be prepared during the JAPR and presented at a
      debriefing meeting to be held on 18th September 2008.


6               Outputs
The outputs from the JAPR are:
         A Review Aide Memoire to be presented at a debriefing on 18th September 2008.
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      A summary of prioritised recommendations specifying timing and responsibility for follow-
       up actions up to the next JAPR.


3. JAPR Team
      Merete Villum Pedersen, BFT (Team Leader).
      External Consultant to Danida.
      External Consultant to Danida.
      DFID Senior Natural Resources Adviser, London based.
      DFID Governance Adviser, Phnom Penh based.
      1 to 2 Cambodian team member(s) to be identified by BFT in collaboration with Danida
       /DFID Phnom Penh.
The external consultants will each be given five working days for preparation of the JAPR .
The JAPR will be assisted by the following resource persons who will also attend key meetings:
      Dr Rith Vuthy, Director, Aid Coordination with Europe, CDC.
      Mrs Mao Moni Ratana, Senior Programme Officer, Royal Danish Embassy, Danida.
      Lic Vuthy, Programme Officer, Royal Danish Embassy, Danida.
      New SPO
4. Reference documents
Programme and Component documents and other reference materials relevant for the JAPR are
posted at the Royal Danish Embassy, Danida Phnom Penh web site: www.phnompenh.um.dk.


A list of key background materials for the JAPR is presented in Appendix 1 Additional reference
material, which is not available on the web-site should be requested by the JAPR team as part of the
Mission Preparation Note


Dato                         BFT sagsbehandler (underskrift/navnestempel)

				
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