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| strategic plan |
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| CBO |
Community Based Organisation |
| CBOs |
Community Based Organizations |
| CILIC |
Civil Liberties Committee |
| CONGOMA |
Council for Non-Governmental Organization in Malawi |
| Dr. |
Doctor |
| ES |
Executive Secretary |
| GC |
Governing Council |
| GoM |
Government of Malawi |
| INGO |
International Non-Governmental Organization |
| IT |
Information Technology |
| NGO |
Non-Governmental Organization |
| NORAD |
Norwegian Aid For Development |
| PAC |
Public Affairs Committee |
| SADC |
Southern Africa Development Committee |
| SO |
Support Organisation |
| SP |
Strategic Plan |
| SWOT |
Strengths, Weaknesses, Opportunities, Threats |
| TOR |
Terms of Reference |
| ZOOP |
A German method of planning |
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| THE EXECUTIVE SUMMARY |
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| This document is the Strategic
Plan for the Council for Non-Governmental Organisations in Malawi
(CONGOMA) for the period 2003-2006. The strategic planning process
had several steps including the following: |
- A consultative appraisal exercise.
- NORAD assessment
- Stakeholder consultations for strategic planning (done
by Salephera Consulting)
- Stakeholder strategic planning workshop that took place
at Sun 'N Sand Holiday Resort in Mangochi from 1 to 3 May
2002
- Adoption by the Annual General Meeting of CONGOMA
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| The consultative appraisal
was carried out by an external consultant (Gil Enterprise: A
Consultative Appraisal 2001) and presents strengths and weaknesses
of CONGOMA as perceived by members, donors and Government representatives.
The appraisal presents a clear and useful overview of the current
state of affairs and provided a basis for the strategic planning
process. The report also contains broad recommendations for
future actions. |
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| The NORAD assessment highlighted
the need for CONGOMA to develop a strategic plan and programme
operational plan with priorities for the first year of implementing
the strategic plan as an active response to challenges presented
in the appraisals and consultations. |
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| Salephera Consulting conducted
a comprehensive desk study and also carried out strategic planning
stakeholder consultations with selected representatives of member
NGOs and donors. The outputs from these were synthesised and
presented to the participants as reference during a stakeholder
strategic planning workshop in Mangochi. |
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| At this Mangochi workshop
an attempt was made to concretise the issues raised in the previous
appraisals and raised some issues that were not raised in such
appraisals. The Governing Council and the Secretariat of CONGOMA
therefore decided to continue the process with a workshop, with
an external consultant facilitating it, for representative member
organisations. Of importance at this second workshop was rooting
the planning in CONGOMA'S current situation and not promote
unrealistic expectations. |
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| All these processes have now
culminated into this Strategic Plan document for CONGOMA, 2003-2006.
This Plan presents CONGOMA in perspective, the Organisational
Performance Analysis, Goals and Strategies, Organisational Implications
and the Implementation of the Plan. What is unique in this strategic
plan is that for the first time CONGOMA has clearly spelt out
its vision. Again it is clearly spell out that guiding its mission
are the Values and Principles that are outlined in this plan. |
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| In order to ensure that CONGOMA
focuses at relevant priority areas, the Strategic Plan was presented
to the 2003 Annual General Meeting of CONGOMA. The 2003 Annual
General Meeting unanimously adopted the Strategic Plan with
a clear focus at the three strategic areas: Capacity Building,
Networking/Co-ordination and Advocacy/Mediation. |
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| CHAPTER ONE: CONGOMA IN PERSPECTIVE |
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| A). Introduction And
Background |
| CONGOMA is a membership organization
of both local and international NGOs, with diverse interests
and needs, working in a cross section of sectors and representing
both secular and religious groups. |
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| The organization has evolved
from being a quasi-government to an autonomous institution supported
by its members; from a membership base of NGOs working in service
delivery, emergency and relief work to a membership organization
working beyond service delivery, emergency and relief to include
human rights, democracy, good governance and general development. |
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| Given the above situation,
CONGOMA's activities called for the development of a systematic
strategic framework that would ensure that such activities were
of relevance to its membership. A major attempt to develop such
a framework was done in 1998 covering the period 1998-2001 and
addressing areas of interest and relevance to member organizations.
However, the implementation of this Strategic Framework was
never realized due to lack of funds, weak organizational capacity
and divisions among the membership with regard to ownership
of the institution. |
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| It, therefore, became necessary
to develop yet another Strategic Framework to guide the activities
of CONGOMA because of several reasons: - |
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- The 1998-2001 Strategic Framework, though not implemented,
has expired.
- The improvement in leadership and accountability system
in CONGOMA.
- The NGO operational environment has experienced fundamental
developments with the enactment of the NGO Act and Decentralization
Act.
- The growing trend to engage and consult non-state actors
(including NGOs) in planning and implementing co-operation
projects and programmes to combat poverty.
- The challenges posed by HIV/AIDS, the observance of the
Rule of Law and Human Rights.
|
| B). CONGOMA's Vision |
| CONGOMA is inspired by the
vision of sustained strong and vibrant Non-Governmental Organizations
(NGOs) working in a conducive and collaborative environment
in which a culture of accountability and good governance is
entrenched and the rights of every citizen are respected and
promoted to reduce poverty and enhance sustainable socio-economic
development in Malawi. |
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| C). CONGOMA's Mission |
| CONGOMA exists to motivate,
enhance and maximize the potential and actual impact of member
NGOs in articulating and implementing sustainable socio-economic
development to reduce poverty in Malawi through mutual support
and networking with all interested stakeholders |
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| D). CONGOMA's Roles
And Mandate |
| With reference to the NGO
Law, CONGOMA Constitution and the last Strategic Plan document,
the following are the aspects of the roles and mandate of CONGOMA.
Any future strategies will build on this understanding of the
organisation's mandate. |
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| The official mandate of CONGOMA
according to the NGO Law outlines the following objectives: |
- To promote an enabling environment for NGO activities.
- To promote and facilitate coordination, collaboration
and cooperation between the NGO community, Government, donor
community and commercial sector in Malawi.
- To further the standing of NGOs as competent, professional
and suitable agents of development.
- To support NGOs to become institutionally strong.
- To assist NGOs carry out their functions under this Act.
|
| E). CONGOMA's Core
Values And Principles |
| As a membership organization,
whose members cut across all sectors and working with grassroots'
organizations, we are guided by the following values and principles:
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- Unity in the diversity of our members whose work is "grassroots'
value-driven".
- Ability to work with our Government and other stakeholders
while maintaining an independent and sometimes critical
stance.
- Legitimacy in society on the basis of our membership
base and the NGO Act.
- People-centred development in which gender, equality
and equity, peace, love; justice and sustainable use of
resources are the basis of socio-economic development.
- Enhanced NGO institutional development through sharing
of the abundant skills and experiences of member NGOs.
- Integrity and professionalism of our member NGOs through
democratic, transparent and accountable structures.
- Political Non-Partisanship and respect for the Rule of
Law and Human Rights.
- Respect for the autonomy of our member organizations.
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| These principles and values
are a result of a participatory process involving CONGOMA staff,
its governance bodies and a broad membership representative
during the Strategic Planning process. These principles and
values provide a basis for: a poverty free strategy; partnership
with those affected by and interested in reducing poverty; addressing
issues of mutual respect, humanity, equity and justice, accountability,
solidarity, courage and conviction. |
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| To achieve the above vision
and mission, CONGOMA will play a leading role in creating Partnerships
and Networks. Building on our positioning as the NGO Co-ordinating
body in Malawi, our interventions will be guided by our Facilitation
and Advocacy roles between NGOs on the one hand and decentralized
government structures, the private sector, donors and other
stakeholders on the other. |
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| CHAPTER TWO: ORGANISATIONAL
PERFORMANCE ANALYSIS |
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| In this step, CONGOMA's external
and internal environments were assessed with the purpose of
explicating (coming up with) the internal strengths and weaknesses
of the organisation in relation to its external opportunities
and threats. |
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| The Strengths, Weaknesses,
Opportunities and Threats (SWOT) analysis clarified the nature
of "tension" fields within which CONGOMA exists by
juxtaposing good and bad, present and future. |
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| Assessments of the SWOTS drew
attention to issues and information that obligate people in
CONGOMA to move beyond their job descriptions and focused on
aspects that bridge the organization to its environment. |
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| The external environmental
assessment of CONGOMA focused on forces and trends in four categories:
political, economic, social and technological. It also looked
at actors and stakeholders who are actual or potential collaborators
and or competitors. |
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| The internal environment assessment
included resources (inputs): salaries (remuneration), supplies,
and physical infrastructure, number of personnel, present strategy
(process) and performance (outputs). The SWOT analysis results
are presented below: |
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| A). Strengths of CONGOMA |
- Government's and other stakeholders' recognition of CONGOMA
as legitimate NGO coordinating body in Malawi.
- CONGOMA's foundation, mandate and pillars being its member
NGOs.
- CONGOMA philosophy of harmonising NGO operations in Malawi.
- Diverse fields of specialisation or operation by member
NGOs
- Large number of functioning and legally instituted NGOs
with a lot of resources.
- Vision-oriented secretariat
- CONGOMA's non-partisanship.
- CONGOMA and its members role as intermediaries or change
agents in sustainable development.
- Dedicated leadership in the Governing Council and at
secretariat
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| B). Weaknesses of
CONGOMA |
- Unadequate human and financial capacity.
- Lack of updated information on NGOs and their geographical
spread.
- Less commitment from member NGOs in supporting CONGOMA
Secretariat for example through payment of membership fees.
- Weak regional structures for the North and Centre to
facilitate easy access to members in these regions.
- Limited initiatives to facilitate effective collaboration
of its members.
- Competition among members instead of collaboration
- Limited membership understanding of their roles in CONGOMA.
- Weak fundraising and narrow financial base.
- Irregular consultative meetings.
- Weak governance structures.
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| C). Opportunities
for CONGOMA |
- The greater need for harmonising NGO operations in Malawi.
- Mandatory membership through the NGO Law.
- Room to learn from experienced international NGOs.
- CONGOMA's knowledge of its problems and other issues
affecting it.
- Increasing NGO membership in Malawi
- Increasing recognition of NGOs' role in development
- Increasing interest in Donors to support NGOs.
- Existence of similar organisations or networks at Regional
levels (e.g. SADC).
- NGO law in place for legitimising the sector
- Possibilities of fiscal incentives for all NGOs.
- Legal designation as an NGO co-ordinating body.
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| D). CONGOMA's Threats |
- The funding sympathy for institutions implementing projects/programmes
is higher than that of institutions coordinating aspects
of development. This calls for creativity and innovativeness
on the part of CONGOMA
- The political climate in Malawi remains unpredictable.
- Donor dependence
- Absence of NGO policy document.
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| E). CONGOMA's Major
Issues And Challenges |
- CONGOMA is suffering from constraints and gaps in almost
all areas considered important for an organisation: Few
staff, weak governance, meagre funding, weak ownership and
support from members. The challenge for CONGOMA is to reverse
the trends.
- There are unclear strategies, few activities and inadequate
delivery of services. On the other hand there have been
positive improvements over the last two years under the
leadership of the current Executive Secretary. The challenge
is to decide how and where to start the process of change.
To find and clearly define the strategies for an effective,
efficient and professional organisation and build on the
positive improvements registered so far. In a complex environment
like the one CONGOMA is in with high level of uncertainty,
it is sometimes better to move slowly, a little bit at a
time and make sure that changes can be made along the way.
- CONGOMA has gone through a very important process that
of coming up with the strategic plan document. A well-formulated
strategy document alone will most likely not serve the interests
of CONGOMA and its members. The challenge is to combine
strategic planning with action -a short-term operational
plan to demonstrate and test ideas and objectives. It is
necessary for CONGOMA to discuss and agree on direction
(what CONGOMA is), basic priorities and define more clearly
diffuse concepts like advocacy, capacity building, mediation
and others. At the end of it all CONGOMA should translate
all its intentions into action. Another challenge is for
CONGOMA to continue demonstrating and proving to members,
donors and government that a change has taken place and
that the secretariat is able to deliver. CONGOMA must quickly
be result-oriented. Hence the programmes should consist
of and preferably start with a few projects that can be
implemented with a high chance of success, visibility and
relevance. In addition, some more long term and complex
activities could be started simultaneously.
- CONGOMA has some success stories to its credit such as
good management system, donor confidence, government support,
and improved membership fees payment. The challenge is for
CONGOMA to build its future on these success stories and
gradually develop and expand over time. This will build
the organisation, its credibility and viability, which will
demonstrate new commitment and attract more donor support
especially in the initial period of implementation of this
plan.
- There is now the NGO law, which directly impinges on
the operations of CONGOMA. The challenge is for CONGOMA
to find its rightful place in as far as the implementation
of this law is concerned. There is need to answer some questions
about the law and its effect on the operations and development
of NGOs in the country.
- The constitution of CONGOMA stipulates that membership
is voluntary. What this means is that while some NGOs opt
not to belong to CONGOMA some of those that have chosen
to be members are not giving their full support. The Challenge
is to review this position and categorise membership and
benefits based on their ability to meet the set membership
obligations.
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| F). CONGOMA's Strategic
Priorities |
| CONGOMA exists for its members
therefore it is pre-occupied by activities of and for its members.
However, CONGOMA is not in a position to play all roles. It
will set clear priorities and in principle it can do a lot,
but it has made a choice to concentrate on a few at a time for
purposes of efficiency and bearing in mind its capacity. What
is important is to select a few fundamental priorities, do them
and do them well which means to resist the temptation and pressures
to do all the other useful activities. CONGOMA undertakes to
concentrate on the following strategic areas: |
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| 1. Capacity Building |
| Under this strategic area,
CONGOMA will: |
| A. Facilitate organisation
development processes for NGOs |
- CONGOMA will help NGOs develop their own Strategic Plans
to guide their operations. It will also develop manuals
on NGO Self-Understanding, Proposal Writing and Financial
Procedures.
|
| B. Facilitate understanding
on national policies and regional structures |
- CONGOMA will identify key and relevant national policies
and regional structures that have a bearing on NGO activities
and national development. These policies and structures
will then be repackaged into user-friendly information kits.
|
| C. Facilitate twinning of
well established NGOs with upcoming NGOs |
- CONGOMA will facilitate the development of partnerships
of enrichment between well established and the upcoming
NGOs. This will involve exposure to documented best practices,
NGO Week, local and regional study tours.
|
- CONGOMA will motivate young professionals to join the
NGO Sector through internship programs between NGOs and
education institutions. It will develop guidelines for internship
in the NGO Sector.
|
| 2. Networking And
Program Coordination |
| Under this Strategic Area,
CONGOMA will: |
| A. Facilitate the formation
of sector networks and strengthen existing ones |
- CONGOMA will foster the working together of NGOs among
themselves and with other CSOs. CONGOMA will build synergies
by forming new sector networks in the areas they do not
exist; consult and work together with existing networks.
|
| B. Improve information flow
between member NGOs and between NGOs and Secretariat |
- CONGOMA will solicit activity reports from member NGOs
and will send its activity and other reports to its members
in such other forms as newsletter, annual reports, bronchures,
kits and on the website.
|
- CONGOMA will establish Programs Committee whose membership
will be from the member NGOs to create a sense of ownership
of CONGOMA Secretariat.
|
| C. Strengthen linkages between
CONGOMA and other Civil Society networks. |
- CONGOMA will consult and closely work together with other
Civil Society networks such as PAC, trade unions. This is
meant to build a unified critical mass of the Civil Society.
|
| D. Facilitate staff exchange
programs among NGOs |
- CONGOMA will facilitate the enhancement of skills and
build trust among NGOs through staff exchange programs.
|
| E. Develop and update database
at its Secretariat. |
- CONGOMA will facilitate access to centralized information
on and related to NGOs and other stakeholders' work. This
will involve procurement of new computers and its accessories,
development of a website, procurement of additional telephone
lines for fax and internet and improvement of the information
resource centre.
|
| F. Facilitate regional consultative
meetings |
- CONGOMA will enhance interface of NGOs and its visibility
at regional levels by holding regular regional meetings
and establishment of NGO Service Centres.
|
| G. Facilitate NGO geographical
distribution |
- CONGOMA will create awareness on NGO programs and project
areas for the facilitation of spatial distribution. To do
this, CONGOMA will produce an NGO District Map.
|
| |
| 3. Advocacy |
| Under this strategic area
CONGOMA will: |
| A. Facilitate the creation
of an enabling environment for NGO work in the country. |
CONGOMA will engage government towards the development
of NGO policy and review of relevant statutes.
|
| B. Facilitate a study on NGO
Contributions to development aimed at creating a proper |
profile of NGOs in Malawi and contribute towards a better
understanding and appreciation of NGO work in Malawi.
|
| G). How Will Congoma
Be Funded |
| Sources of income will be
identified always maintaining the balance between internal and
external resources. Ways to raise more funds to enhance long-term
sustainability will be explored. Currently CONGOMA is heavily
dependent on donor funding with membership fees constituting
about 20% of the total operating budget. |
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| Another source of income for
CONGOMA is the sale of commercial services. During the period
of this strategic plan, NORAD as a donor agency is being requested
to consider funding the core support and some core activities
for the institution, for at-least three years, while CONGOMA
is developing a strategy for sustaining itself, as well as maintaining
its visibility. At the same time CONGOMA will be approaching
other donors to support the other core activities. |
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| Members will be approached
to increase their fees to CONGOMA. International and some local
NGOs will be approached to consider giving financial support
to CONGOMA over and above their annual subscriptions. One international
NGO is already doing this much to the appreciation of the Governing
Council and the secretariat. |
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| In the long term, it should
be feasible to introduce a more differentiated system for membership
fees. There are currently only two rates: one for international
and another for national NGOs. Large national and international
NGOs should be in a position to pay much more than small indigenous
NGOs. The aim will be to fund the core budget (for instance
3-4 professional staff + support staff) with contributions from
the members. |
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| As a means of sustaining itself,
CONGOMA will in the three year period approach donors to fund
the administrative operational costs as a relief to the membership
fees. As this is being done the income from the membership fees
will be deposited in a bank account to earn more money. On the
other hand CONGOMA will approach the international NGOs to make
a once-off donation on top of their normal affiliation fees. |
| |
| CONGOMA will also consider
commercial alternatives - selling products and services to members
and external clients in order to generate extra income. This
is not an easy route to sustainability and will require both
up front investments and preferably the establishment of a semi-autonomous
commercial unit (a separate cost centre) attached to CONGOMA
secretariat. |
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| Given all this support and
having all the mechanisms in place, CONGOMA will rise to its
expected level of efficiency. |
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|
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| CHAPTER THREE: GOALS AND STRATEGIES |
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| CONGOMA's goals, strategies
and objectives for the secretariat will be developed in the
following areas: |
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- Improved organisation and Management
- An enhanced service to our members
- Realise staff potential
- Improve financial planning and control
|
| A). Improved organisation
and management |
| Member organisations of CONGOMA
have made a number of recommendations concerning its Secretariat
and management. The proposed changes are intended to improve
the effectiveness of the organisation, and are currently being
considered by the Governing Council and the secretariat. |
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| CONGOMA will pursue the following
strategies to improve the way it organises and manages itself: |
- Remain an autonomous agency independent of government.
- Publish an annual work programme together with a review
of achievements and progress made during the previous year.
- Strengthen the regional committees and aim to establish
regional offices so that they are able to perform support
functions to members and liase with other stakeholders.
- Introduce a system of performance management and open
appraisal where all divisions and sections operate according
to annual work plans in the secretariat.
- Ensure that all staff with management responsibilities
receive training in Management.
- Delegate more management responsibilities to department
managers who will also delegate more responsibilities to
their staff.
|
| B). Enhanced service
provision to our members |
| CONGOMA exists to provide
support services to its members. It is vital that support services
remain close to policy debates and understand member needs in
order to provide the best service and the most relevant support
and information. |
| |
| CONGOMA will pursue the following
strategies to provide an enhanced service: |
- Raise awareness of CONGOMA products and services by continuing
to give priority to paper-based publications, but also exploiting
opportunities such as the media, the Internet, open days,
and our regional and networking structure.
- Include our mission statement in all our publications.
- Formally assess the needs of our members for services
and support users in each major area of NGO work in Malawi.
- Establish technical working groups of member organisations
and specify key areas.
- Produce and maintain a directory of members
- Develop and maintain an electronic databank of NGOs.
- Develop methods for electronic dissemination, including
the Internet, CD-ROM, and other methods.
- Be proactive in marketing the services and products and
image of CONGOMA.
- Ensure our staff members are equipped to produce quality
services through specialised training.
- Establish Service Centre with such facilities as telephones,
computer, Internet, photocopying and library.
- Create the NGO District Impact Area Map.
|
| C). Realise staff
potential |
| Staff members are the most
important resource of CONGOMA and if the secretariat is to meet
its aims it is crucial that staff members are trained to their
full potential. Currently the number of professionally trained
staff is relatively small compared to the tasks that the office
has to perform, and it is necessary to develop the skills of
all staff at all levels. High priority will be given to training,
and to developing staff with flexible and transferable skills. |
| |
| CONGOMA will pursue the following
strategies to realise staff potential: |
- Ensure that all staff agree with their managers on personal
development plans each year inline with our goals
- Reformulate the staff-training programme to ensure that
it meets the career development needs of all cadres and
grades.
- Introduce a policy of job rotation where necessary and
appropriate.
- Improve the management capabilities of staff by developing
a programme of management training.
- Design and implement an induction programme for all new
staff members who join the organisation's secretariat
- Identify key competencies required for professionalism
and incorporate this into the training plan.
- Establish and publicise a human resource policy including
an internal code of conduct procedures regarding privileges
and allowances.
|
| D). Improve financial
planning and control |
| Financial resources are limited
in Malawi for coordinating organisations. Therefore CONGOMA
will carefully prioritise, manage and utilise its available
resources. Where budgeted funds are only allocated for specific
activities, additional effort and care will be applied. |
| |
| CONGOMA will pursue the following
strategies to improve financial planning and control: |
- Allocate and monitor funds through an internal Expenditure
Management Committee that shall meet every month.
- Implement a system of quarterly work plan and financial
planning for all the departments.
- As far as possible, decentralise financial management
by allocating funds to departments to carry out agreed priority
activities in their work plans.
- Improve accounting procedures including the computerisation
of accounts.
- Utilise funds as efficiently as possible when procuring
goods and services, managing fieldwork and travel.
- Improve the transparency and involvement of department
staff in the budgeting process
|
| E). Governance And
Management |
| CONGOMA's governance and management
structure comprises the following: |
- General Assembly (Composed of all associating members
and proprietors)
- Board of Trustees (Provided for in the current constitution
as custodians of the organisation's resources).
- Board of Directors (with its own board committees for
finances and administration etc)
- Secretariat (with management functions and authority
for day-to-day implementation)
- Regional Committees (Composed of member organisations
units in each Region)
- Networks (Sectoral interest groups of member organisations)
|
| This structure ensures that
CONGOMA is a more professional and effective organisation. Greater
authority is been given to the secretariat in order for it to
make management decisions in a timely manner. The bureaucracy
is avoided and roles and responsibility of each organ of the
structure will be clearly defined to enhance functions. |
| |
| F). Specific Objectives |
| CONGOMA will develop specific
objectives in its annual operation plan from the following areas: |
- Capacity Building at member NGO and Secretariat levels.
- Networking and Program Co-ordination
- Advocacy
|
|
|
| |
| CHAPTER FOUR: ORGANISATIONAL
IMPLICATIONS |
|
| |
| In the 2003 - 2006 planning
years, CONGOMA will endeavour to raise professional standards
and achieve and sustain effective decision-making. This implies
that there will be need to change the way certain things have
been done to reflect the changing operational plans and needs. |
| |
| A). Human Resources |
| CONGOMA will develop a program
that will prepare staff psychologically for the up-coming organizational
changes. The program will be designed in such a way that it
psychologically and sociologically re-engineers staff from the
'laissez-faire' culture to a more professional and productive
business-like culture. |
| |
| 1. Recruitment |
All new staff will be recruited following a transparent
system of advertising, interviews and selection guided by
the principle of "equal opportunity' employer. Staffing
levels will be rationalized in line with departmental work
plans.
|
| 2. Remuneration and Performance
Management |
· A competitive performance based remuneration package
will be designed in order to maintain a highly motivated
staff working to their full potential.
|
· CONGOMA will adopt an open performance appraisal
system in which performers are rewarded through either promotion
or bonuses. A vital tool in appraising staff will be annual
individual work plans generated from departments and sectional
work plans. This reward system will be more effective as
CONGOMA is an autonomous organisation.
|
| 3. Motivation |
| CONGOMA will put in place
a mechanism that will maintain a highly motivated staff working
to their full potential. This will be achieved through the following
incentives: |
- Equitable training
- Performance based promotions
- Job rotation (where appropriate)
- Job empowerment (the one day boss)
- Job enrichment (broadening ones span of control)
- Bonuses (performance based)
- Attachment to other organisations and offices
- Study tours
- Coaching and mentoring (within teams)
|
| 4. Code Of Conduct |
| CONGOMA will enforce the NGO
CODE of Conduct as part of the implementation of the NGO Legislation
in line with our core values as an autonomous organisation.
All member organisations will be issued with the Code of Conduct. |
| |
| 5. Training |
| CONGOMA will develop an equitable
and need-based training programme for the professional growth
and development of our human resources. |
| |
| B). Financial Management
Guidelines For CONGOMA |
| CONGOMA will strive to be
self-sufficient and self-financing. There will be greater need
for efficiency and effectiveness as well as a vigorous and aggressive
strategy for marketing CONGOMA products and services. |
| |
| The financial management practices
of CONGOMA shall be of high standard and aim to strengthen institutional
capacity and sustainability. In managing its financial affairs
CONGOMA shall: |
- When negotiating with funders on grants and or contracts,
ensure that the terms and conditions of funding agreements
and the procedures and timetable for reporting are mutually
acceptable;
- Only pursue or accept grants or contracts that:
- Are fully consistent with CONGOMA's mission and objectives
and do not cause its identity, integrity, methods and
activities to be distorted, subverted, or corrupted;
- Do not compromise CONGOMA's independence
- Do not place more responsibility on CONGOMA than
the organisation can manage;
- Seek to avoid dependence on single, narrow or insecure
sources of funding or contracts. Whenever possible CONGOMA
income bases will be broad and orientated to long-term sustainability.
Other means of achieving such sustainability will include
developing and capitalizing upon CONGOMA's specialist expertise
and skills
- Ensure that CONGOMA's own fundraising efforts do not
undermine the viability and sustainability of its member
organisations
- In preparing budgets and costing, ensure that the full
organisational and administrative costs are recognized and
included and adequate resources obtained to meet them
- Have adequate and appropriate procedures for financial
review and monitoring
- Ensure that funds provided are always used for their
intended purpose.
|
| C). Logical Framework |
· CONGOMA will develop a Programme Plan of Operation
as a step forward towards implementation of this Strategic
Plan. The logical framework will be the master plan for
all activities to be carried out in the next three years.
The log frame will ensure accountability and transparency
apart from being used as a yardstick in monitoring progress
towards the achievement of the agreed goals and objectives
for the 2003 - 2006 planning years.
|
· CONGOMA will prioritise our secretariat activities
when developing departmental and sectional work plans from
the log frame.
|
| D). Transparency And
Accountability |
· CONGOMA will strengthen transparency and accountability
in all our endeavours with respect to budgeting, recruitment,
staff development and allocation of resources.
|
· CONGOMA will strengthen Internal Procurement and
Expenditure Monitoring Systems.
|
· CONGOMA will strengthen its communication and
information sharing with all our members and stakeholders.
|
|
|
| |
| CHAPTER FIVE: IMPLEMENTATION
OF THE PLAN |
|
| |
| A). Implementation
And Capabilities |
| Strategy that remains on paper
is of little use. CONGOMA will strengthen the operating systems,
procedures and technical capabilities for putting the strategy
into effect. This raises, among other questions, that of communications.
The failure to communicate important choices to staff will mean
that no one in the organisation (with the exception of planners
and managers) will adhere to the strategy chosen. |
| |
| Activities such as program
planning and control, inventory management, quality improvement
and staff development, as well as leadership and management
style, will be critical to the successful implementation of
the CONGOMA Strategy. |
| |
| There will be need to develop
or strengthen competencies for adapting the new strategy to
new opportunities and constraints. No strategy is valid forever,
and the rapid pace of change in Malawi and indeed the world
and its environment means that strategy formulation and review
must be an ongoing process. |
| |
| There is clear need for a
monitoring, or 'early warning" system for detecting trends,
events and ideas that may lead to a change in CONGOMA's corporate
strategy. Once again, internal management may have neither the
time nor the detachment to undertake this task properly. The
organisation's management system, including procedures for auditing
and redefining strategy, will be flexible enough to make adaptation
possible. This means in particular, encouraging people in all
CONGOMA structures, departments and sections for marketing,
fundraising, research and development and other sections to
"keep their eyes and ears constantly open" for signals
and ideas that may have a bearing on strategy and should lead
to its modification sooner or later. |
| |
| Successful implementation
of CONGOMA'S strategic plan will require full support from the
following key players: |
- Member Organisations who will collaborate, network and
link CONGOMA secretariat.
- General Public that plays an important role in providing
feedback.
- The Government
- Donors
|
| B). Assessing Impact
|
| Continuous assessing of the
impact of the strategic plan is a crucial component, requiring
the participation of all of CONGOMA's development partners in
various ways. It should be stressed that the impact assessment
process as an accountability system is first and foremost for
CONGOMA (comprised of its members), though it is equally important
for the consortium's partners including Government and donors. |
| |
| The impact assessment framework
is therefore responding to 4 main objectives |
- Assessing the impact of CONGOMA's work as outlined in
the strategic plan
- Organizational strengthening and institutional learning
- Program planning and management
- Meeting accountability standards: public, financial,
legal, policies
|
| Based on the principles of
participation, accountability, learning and flexibility, the
impact assessment system will comprise the following essential
components and features: |
- Setting clear objectives and activities in line with
the strategies in the plan
- The selection of relevant indicators for each impact
area (objectives and activities)
- Collecting information/data (quantitative and qualitative)
relevant to the set indicators
- Analysing and interpreting the collected information/data
- Presenting the information/data collected in a simple
and appropriate manner
- Using the information to improve CONGOMA's work and future
plans
|
| Indicators will be identified
at the stage of project design and planning, and a wide variety
of information collection tools will be used depending on the
type of objectives and related activities. For example indicators
for financial management systems would be different from those
used to capture progress on institutional capacity building
|
| |
| For example: |
| |
| Objective (1):
Enhance financial systems and accountability within CONGOMA |
| Possible indicator:
User-friendly financial management and accountability systems
developed and being used. |
| |
| Objective (2):
Enhance institutional, technical, management and financial capacity
of development institutions (member organizations). |
| Possible indicator:
Number of self-reliant development institutions with full-fledged
institutional and operational capacity. |
| |
| Information capture, analysis,
reporting and dissemination will be done in various but simple
ways using written, audio and visual means for wider use by
and benefit of CONGOMA's members, partners and other interested
parties within and outside Malawi. |
| |
| Four major levels of monitoring
indicators will be considered in the overall Impact Assessment
Process. These are: |
Inputs: use
of resources (by CONGOMA secretariat and possibly members where
they are involved in a particular activity). Such resources
could be financial, (e.g. expenses) human (e.g. personnel or
consultants) and capital (e.g. vehicles, computers).
These could be simply tracked through financial records, audits
and expenditure returns. |
| |
| Outputs:
refer to the services or performance (quantity and quality)
achieved by using the inputs. Outputs are usually related to
the effective and efficient use of inputs. For example, an output
of a strategy planning process could be - a rolling strategic
plan. |
| |
| Outcomes:
refer to the effects of services provided or performance, (quantity
and quality). Outcomes are related to the inputs and outputs
but are also influenced by other factors, usually beyond the
direct control of the organization. An example of an outcome
for CONGOMA using its strategic plan could be: - financial viability
of CONGOMA and members being enabled to have adequate institutional
capacity. |
| |
| Impact: usually
refers to the effects of welfare conditions/indicators (due
to the combined use of inputs, outputs and outcomes). They usually
point to changes in people's lives, e.g. reduced poverty and
better living standards. The impact of an organization like
CONGOMA and its members can also be expressed in terms of achieving
mission goals - that is: why the organizations exist and do
what they do. |
| |
| Ideally, the completed strategic
plan will have for each objective an indicator (or more) that
will be used to measure progress. |
| |
| The Impact Assessment system
will recognize and implement specific donor requirements in
addition to the routine monitoring and evaluation processes.
These include periodic reports, audits, financial returns/statements,
reviews/evaluations based on agreed standards and frequencies.
For example there may be a need for a mid-term and terminal
review or evaluation of a certain component or set of activities
of the strategic plan. Participatory review and reflection exercises
(PRRs) will also be used to assess the impact of CONGOMA's work.
The PRRs will enable CONGOMA's members and partners, to contribute
their views about work progress, lessons and suggest improvements.
|
| |
| Reports, evaluation and review
documents will highlight achievements against indications (input,
output, outcomes and impact), using certain assumptions. The
level of emphasis will depend on the type of objectives and
activities implemented. Impact assessment processes of member
organizations will also serve as input to the overall CONGOMA
Impact Assessment system/framework. For example, reports and
evaluation outputs could be shared with CONGOMA and used to
illustrate progress being made by member organizations. The
intention though is not to fully report on what member organizations
are doing, but rather to illustrate what member NGOs are achieving. |
| |
| C). Risk Assessment,
Implications And Management |
| The risk assessments presented
below are based on an analysis of the strategic plan, the operating
context and environment, and the availability of optimum human,
physical and financial resources. Risk factors will be monitored
closely as the strategic plan is being implemented, and necessary
measures will be taken to minimise their impact. |
|
| |
Political instability, leading to and
after Parliamentary and Presidential elections set for June
2004.
(Risk of civil unrest, conflict and litigations) |
Medium to low. Big issue if the constitution is
amended to enable the President seek a 3rd term in office, |
Constitutional change for a 3rd term likely, though
the president has vowed to maintain peace and stability in the
country at all cost. Has already banned demonstrations. |
Closely monitor the situation. Work closely with
partners on civic education.Advocate peace and dialogue, rather
than confrontation and political conflict |
The effects of HIV/AIDS on staff, and
partners including communities.
(Considerable time and resources spent on caring for the infected
and affected, away from direct development project inputs).
|
Medium to high. The current prevalence rate is
high at 16% (from 14% less than 2 years ago). Big impact on
poor communities and organizations either infected or affected
or both |
This is a continuing reality. The slow rate of
behaviour change, poor access to drugs and increasing poverty
will prevail in the medium to longer term. The government, donors
and other players recognize this issue. |
More collaborative work with partners, with focus
on prevention and care. Greater advocacy for access to drugs.
Better integrate HR/OD/HIV/AIDS to maintain a healthy and stable
work force |
Effects of emergencies(Local and regional)
(Draught and floods are recurrent. There is also potential for
spill over effects of regional conflicts and hunger) |
Medium to high. Floods & droughts disastrous
in recent years. Malawi now experiencing serious food deficit.
Inadequate National response capacity. Increased number of refugees
|
Floods or drought are likely to reoccur given
the trend in the past years and food security is still a critical
issueThe peace process in the DRC and Angola is not quite over,
and the region is potentially volatile to conflicts. |
Improve capacity for disaster response and preparedness
among organisations and partners.Greater collaboration with
government and partners in disaster response and food security
initiatives |
Inadequate Funding from local and international
sources global recession and increased operational costs (e.g.
fuel)
(Two main issues are inadequate or limited donor funding and
increased cost of operations). |
Medium to high.Effects of the USA September 11th
terrorist attacks and the withdrawal of Danida affected some
NGOs. Global recession and donor apathy would reduce NGO funds.
Costs of operations may also increase |
Global/local forces may affect development aid
from rich countries, to NGOs and government. Possible global
recession and the impact on the future cost of operations (services,
materials, and fuel) are a continuing threat. |
More diversification of funding base including
local sources; Develop and implement sound funding strategies;Demonstrate
good results and high level accountability;Monitor trends in
the world economy & their impact on our work; and respond
to effects |
Limited collective will among member organizations
and negative perception and misconceptions of CONGOMA
(Main concerns refer to the current lack of critical mass support
and misunderstandings around CONGOMA's role and achievements)
|
Medium. Members and non-members alike often question
the value and effectiveness of CONGOMA.Secretariat usually confused
with the actual consortium. Non payment of membership fees is
a drawback as is non attendance of meetings |
Very likely for the short to medium term; several
NGOs still not yet registered with CONGOMA, despite the legal
requirement.It will take time to clarify CONGOMA's role to members
and other stakeholders. Building support for CONGOMA requires
continuous efforts, especially its members |
Vigorously solicit necessary support from members
and other stakeholders to implement the strategic plan. Need
to raise profile based on comparative advantageVigorously seek
buy in of members looking at incentives; possibly screen and
retain active members |
Poor/negative response to change and divergent
partner approaches
(This broadly affects all organisations, staff and partners
at various levels of engagement) |
Low to medium. The shift to policy work, Rights
Based Approach to development and partnership need constant
orientationAt all levels |
This is a reality. The organisations will continue
to introspect and change.Both staff and partners need to be
adequately brought on board & at a good pace |
Provide staff and partners with a clear understanding
of the changes/approaches;Go through change processes together.
Regular review and learning from lessons |
Political and policy constraints to advocacy
and development work
(Concern mainly about NGO-government relations; policy effects
on NGO work, e.g. the perception of certain Government officers
politicians of NGOs; Unfavourable Tax regimes; the NGO Law and
how certain NGOs perceive it) |
Low to medium. Little distinction by many politicians
regarding different types of NGOs.The NGO Law is perceived by
many NGOs as a means of control over NGOs and their activities;
The regulation on duty and tax still considered unfavourable
by several NGOs. |
As Civil society becomes more vocal on issues
of transparency and accountability, the more some politicians
& government officers feel challenged and tend to take offence
The government’s plans to implement the NGO Law and the
new Tax Regimes on NGOs are still being challenged as against
the interests of NGOs |
Further clarify our role and be consistent in
communicating our organisational identity;Promote healthy relationships
with government and political authorities;Continue to raise
our profile & form strong alliances to address and protect
our interestsSupport our staff and partners when they get into
drawn trouble. |
|
| |
| D). Monitoring And Evaluation |
| Each year a detailed work plan and budget
will be produced. After each quarter a financial report will
be produced and submitted to Finance Committee for their consideration.
As stated in the implementation modalities, bi-annual report
highlighting progress towards achievement of the set targets
for the major activities will be produced. These reports will
be submitted to the Governing Council, members and donors. The
Secretariat will also prepare an annual report on its own activities
including a financial report. |
| |
| The Governing Council will review the
narrative bi-annual reports and confirm that they are in line
with the strategic plan. |
| |
| There will be a Mid-Term Review of the
implementation of this Strategic Plan in 2005. |
|
|
| |
| ANNEX 1: STRATEGIC PLAN'S CONTEXTUAL
ANALYSIS |
|
| |
| A). Local Perspectives |
| The Malawi Government is currently
facing the daunting challenge of delivering the expectations
of its people, who are still dealing with the ravages of poverty.
Malnutrition and hunger remain widespread; a host of diseases
including HIV/AIDS, tuberculosis and other infectious diseases
threaten the health and lives of the population. |
| |
| Non-Governmental Organisations
(NGOs), as citizen groups, are well placed not only to bring
the perspectives and concerns of citizens to the poverty reduction
development process; but also to mobilize considerable resources
to improve human well being and contribute towards poverty reduction. |
| |
| Government recognizes the
role of NGOs in poverty reduction and it has openly expressed
interest in developing partnerships and collaboration with NGOs
and other non-state actors. However, the NGOs are often challenged
on their legitimacy in terms of their constituency from where
they derive their legitimacy. CONGOMA's membership base provides
some form of constituency and thus a stronger basis to facilitate
the interface between NGOs and the state. In addition, the NGO
Law and Code of Conduct provide a sanctioned mandate for NGO
visibility to tackle Malawi's development and poverty challenges. |
| |
| B). Regional And Sub-Regional
Perspectives |
| The fight against poverty
is taking on a much sharper concern for national governments,
regional and sub-regional institutions and organizational forces
with business and civil society across the globe. Within Southern
and Eastern Africa, national governments, regional organizations
and civil society formations like SADC, COMESA, EAC, MWENGO,
OSISA, EISA, etc are forging close linkages around specific
aspects of the poverty issue. Dimensions such as regional migration,
regional trade, democracy and good governance, the impact of
HIV/AIDS and gender issues have implications for poverty profiles
in the region as a whole. |
| |
| CONGOMA believes that increasingly
there are more opportunities to achieve meaningful co-operation
in fighting poverty within the emerging and existent regional
bodies than in larger international intergovernmental process
like the United Nations. CONGOMA would therefore like to promote
closer involvement of NGOs and Civil Society organizations with
these regional governance structures. |
| |
| The participation of civil
society and NGOs around poverty issues is envisaged at a number
of levels; from political dialogue on issues of human rights
and democracy, to consultations on resource allocation to fight
poverty both at national and regional levels. The importance
that poverty issues have assumed in the region, and globally,
requires the involvement of all stakeholders not simply governments.
CONGOMA is therefore seeking new spaces for promoting this dialogue
between national and regional governments and non-state actors
(including NGOs) on broad poverty and economic issues. |
| |
| C). Global Perspectives |
| Malawi's economy is heavily
dependent on donors and this has major implications for development
and poverty reduction. With a heavy debt burden of USD 2.4 billion
representing 166.6% of GNP, debt servicing continues to significantly
reduce government contributions to development efforts in general
and to poverty alleviation in particular. It drains foreign
exchange and reduces budgetary allocations to sectors that cater
for the needs of the poor. |
| |
| The process of globalisation
and market liberalization have also had mixed efforts on Malawi
as these have mostly involved business restructuring and outright
privatisation often resulting in massive job losses and therefore
increased social insecurity. |
| |
| These developments have presented
new challenges to NGO work (particularly to local NGOs) and
to the sustenance of current development efforts. Most NGOs
are facing a growing challenge in raising funds and mobilizing
resources to finance both old and new programmes. The traditional
sources of funding for NGOs is becoming ever more scarce and
unpredictable partly as a result of concerns about transparency
and accountability of some NGOs and partly because of the need
to finance emerging development needs in other parts of the
globe. In addition, the events of September 11 have shifted
the focus of global resources from dealing with poverty, democracy
and good governance to war against terrorism and improving domestic
security. While it is becoming increasingly difficult to access
external donor funding for development, national governments
have little to spare as resources are taken up by debt servicing. |
| |
| The challenge for CONGOMA
and the NGOs is how to influence donor-funding policies in a
way that would contribute to NGO financial sustainability. The
creation of Endowment Funds with the support of the donor community,
establishment of Community Foundations and encouraging Domestic
Corporate Giving are some of the avenues to pursue. |
| |
| D). Brief Overview
Of Poverty In Malawi |
| |
| 1. Introduction |
| Malawi is classified among
the world's poorest countries. Poverty in Malawi is often described
as widespread, deep and severe. The UNDP HDI ranking for 1998
placed Malawi at 163 out of 174 countries. Life expectancy at
birth has decreased from 52.4 years for females and 51 years
for males in 1992, to 39.8 for females and 39.2 for males in
1998. It is projected to decline further largely due to the
effects of HIV/AIDS. In fact, poverty has continued to worsen.
The Poverty Analysis of the Integrated Household Survey published
in November 2000 revealed that 65.3% of Malawi's population
(over 6 million people) were living in poverty in 1998. In the
more extreme case 28.7% of the population were classified as
living in extreme poverty. The annual cost of eliminating poverty
was estimated at MK16.67 billion (USD 325 million), at September
2000 prices. |
| |
| A really crucial issue is
that an annual GDP growth rate of at least 6% is required to
reduce the absolute number of people living in poverty. However,
the rate of real growth has been fluctuating over the years,
averaging 2.4% in the 20 years between 1975 and 1995. It doubled
to 5% from 1995 to 2000, but dropped subsequently to 3.7% in
1999 and even further to 1.7% in 2000. |
| |
| The factors attributed to
this fluctuation in growth, include: the influences of weather,
(normal, droughts, floods), economic and development policies,
level of engagement and performance of the public, private sector
and civil society, globalisation and international trade, governance,
the debt burden (level of stock and debt servicing), level of
donor support and development aid. Indeed growth in the agricultural
(especially smallholder), and economic sectors remains below
the estimated annual 8% needed to significantly impact on the
overall economic growth rate. |
| |
| 2. Meaning And Understanding
Of Poverty In Malawi |
| In Malawi, poverty is generally
considered as a condition characterized by a state of serious
deprivation of basic human needs and the lack of means and opportunities
to fulfil such basic needs. The MPRS summarizes this condition
"…as a state of continuous deprivation or a lack
of the basics of life". |
| |
| In his speech delivered at
the launch ceremony of the results of the findings of the Integrated
Household Survey (on 1 December 2001), the Vice President of
the Republic of Malawi, the Right Honourable Justin Malawezi,
said that "poverty is a result of economic, political,
and social processes that interact with each other and frequently
reinforce each other in ways that exacerbate the deprivation
in which poor people live" |
| |
| He also highlighted that "poor
people live without fundamental freedoms of action and choice
that those who are better off take so much for granted. They
often lack adequate food and shelter, education and health,
deprivations that keep them from leading the kind of life that
everyone values. They also face extreme vulnerability to ill
health, economic dislocation, and natural disasters. And they
are often exposed to ill treatment by society and are powerless
to influence key decisions affecting their lives". He further
stated "facilitating the empowerment of poor people - by
making state and social institutions more responsive to them
is also key to reducing poverty. |
| |
| At macro level, poverty is
recognized as a complex phenomenon, that hinders human development
and covers issues relating to income and consumption (poverty
lines and their derivatives), social well being (education,
health and other social services), enabling environment (ease
of access to productive assets), and empowerment (unleashing
potential and securing rights). |
| |
| In the UNDP Human Development
Report of 1996, Human Development is defined as the process
of enlarging people's choices. Exploring this context further,
poverty can be conceptualised through various perspectives.
These include: income (income levels below a defined poverty
line), basic needs (lack of material resources to satisfy basic
human needs such as food, health, education), basic rights (lack
of the opportunity to exercise choice, self expression to access
their rights and entitlements as human beings) and capability
(lack of basic capabilities to function and release full potential
to achieve a more successful and dignified life |
| |
| Poverty clearly has both causes
and effects and for any meaningful impact on poverty to be made,
both factors need to be addressed, in a collective and concerted
manner by all stakeholders, in the short, medium and long term.
Causes and effects of poverty influence and reinforce each other,
thereby compounding the poverty problem. |
| |
| 3. Poverty Characteristics
And Effects |
| Some of the characteristics
of Malawi's poverty and the poor include the following: |
- Regional dimension: the Southern Region is the poorest.
Poverty levels significantly vary within regions. For instance,
relatively very poor and relatively well -off districts
can be found in the same region.
- Rural and urban dimension: most of the poor are located
in rural areas. However, although urban income levels can
be said to be generally higher and access to services and
amenities greater in urban settings, the number of urban
poor is on the increase and in some cases such people are
in greater need that the rural poor.
- Gender dimension: Most poor households are male-headed;
however female - headed households (estimated at 27.4%)
are disproportionately poor.
- Meeting food and other basic needs: in general, poor
households do not meet their normal basic needs, especially
food. For instance, only 34% of all households satisfy the
recommended daily calorie requirements (meaning that as
much as 66% do not do so).
- Greater effects on vulnerable groups: poverty impacts
more seriously on vulnerable groups. These include women,
children, orphans people with disabilities and the elderly.
|
| E). Stakeholder Responses
To Poverty In Malawi |
| 1. The Government Of Malawi |
| The Government of Malawi remains
the biggest player and has continued to reinforce its poverty
reduction and development programs. It continues to create and
support a conducive policy and regulatory environment for various
poverty actors. The development and recent launching of the
Malawi Poverty Reduction Strategy (MPRS), is a key turning point
in the Government's focus on poverty reduction. Government has
substantially increased the share of the social sector, in particular
health and education, from 14% in 1994/95 to 34% in 1999/2000.
The enacting of the NGO Law is also a very significant development
in Government-NGO relations and partnership with a view to maximizing
accountability and delivery of development goals. |
| |
| 2. The Donor Community |
| The majority of Malawi's donors
(bilateral and multilateral) continue to support and facilitate
development programs run by Government's and Civil Society Organizations.
Government finance is still heavily dependent on donor funding.
Up to 40% of the recurrent budget and over 80% of the development
budget is financed through donor grants and loans from the multilateral
agencies. Donor commitment to the HIPIC initiative and the PRSP
is a major opportunity to Malawi's socio-economic development.
Balance of Payment support though has not been to the expected
levels for 2001/02 due partly to alleged donor concerns over
fiscal indiscipline and governance problems. |
| |
| In terms of future cooperation
and partnership between donors and Government, there is general
consensus amongst both parties to promote sector programming
- e.g. Sector Investment Programs (SIPs) and Sector Wide Approaches
(SWAPs). Funding to CSOs including NGOs often reflect donor
interest areas and includes development projects, human rights
and governance. Sustainability of significant donor funding
to CSOs remains an issue (particularly for indigenous NGOs).
Certain donors have also of late been increasingly concerned
about the transparency and accountability of some NGOs. |
| |
| 3. The Private Sector |
| The private sector accounts
for about 80% of people in paid formal employment. An increasing
number of businesses and institutions are contributing resources
to development initiatives. Government has continued to broaden
private ownership of assets and services and improve the enabling
environment for private sector development by means of reducing
private investment regulations and other restrictions. |
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