Annual Review - Summary Sheet This Summary Sheet captures the headlines on programme performance, agreed actions and learning over the course of the review period. It should be attached to all subsequent reviews to build a complete picture of actions and learning throughout the life of the programme. Title: Strengthening Tanzania’s Anti-Corruption Action Programme Value: £11.3m over four years (2012 – 2016). Programme Code: Start Date: 202770 21/2/2012 Review Date: 14/1/2015 – 31/03/2015 End Date: 31/10/2016 Summary of Programme Performance Year 2012/13 2013/14 2014/15 B A A Programme Score H H H Risk Rating Summary of progress and lessons learnt since last review Progress: All Government of Tanzania institutions report considerable operational benefits of the STACA programme for their respective institutions. Institutions also report improved cooperative relationships both at leadership level as well as at operational level. In terms of programme outcomes, the most positive aspect is the improvement of the conviction rate in corruption cases. This has remained above 50% for the past 2 ½ years, having fluctuated around 40% for several years before that. This still represents a high number of acquittals, so there is much more room for improvement. It is also important to note that these figures represent mostly petty corruption cases; the conviction rate for grand corruption is much lower. Another relatively positive development at outcome level has been the increased number of corruption cases progressing through the courts. These numbers increased steadily from 2011 to 2013, although they dipped slightly in 2014. These numbers, and conviction rates, are likely to be influenced by many factors other than STACA. In terms of programme outputs, key successes include: o 424 auditors trained in detecting fraud and corruption; o 185 files investigated by PCCB which have their origins in NAO reports; o 140 police officers arrested for involvement in bribery or corruption. In 2014 good progress was made in establishing the non-financial aid components of the programme. The Financial Liason Officer from the National Crime Agency (NCA) is now in post and has completed his inception report. Also, the Integrity Fund (support for civil society programming component) is now starting implementation through the Accountability in Tanzania (AcT) programme. Lessons learnt: Incremental gains can be made through capacity building on anti-corruption, but there are limits to what can be achieved. Overall, throughout STACA there have been modest gains in the number of corruption cases progressing through the courts, as well as in the conviction rate for petty corruption offences. However, gains are most likely to be made in areas where there is already some capacity, or where some political will for progress exists (e.g. prosecutions of low level petty corruption). Overall, it is unlikely that this kind of capacity building support will bring about a major change on grand corruption. Some activities carried out under STACA were originally suggested by institutions; others were initially suggested by DFID, discussed and later taken on by the institutions, including Model Police Stations, Model Courts, and external communications. This annual review has found a number of problems with the activities in the latter category. Often they were not implemented in ways that were discussed with DFID. The degree of senior leadership buy-in to these activities seems to have been weak; leaders have not communicated the importance of these activities internally within their organisations, nor have they stressed the ‘intervention logic’ (the way in which these activities are expected to work). STACA was set up with the specific purpose of improving cooperation between institutions on anti-corruption. In this it has made some limited progress. Institutions report improved relationships at all levels, from heads of institutions down to operational level. But many old problems remain, for example the lengthy process by which DPP gives consent for prosecution to PCCB cases. Incentives for institutions not to cooperate with each other remain strong across the Tanzanian public sector; resources and mandates are fiercely protected and this is especially noticeable in a sensitive area like anti-corruption. The STACA Steering Committee has not in itself provided a forum for resolving problems. Perhaps the best chance for supporting improved cooperation is by funding activities which in themselves bring institutions together, such as supporting PCCB to review NAO ‘red flags’ on corruption, or joint PCCB-DPP review of corruption cases. This mostly means supporting activities which should be funded by recurrent costs, which brings questions about sustainability. In any future successor programme to STACA, it is worth considering alternative Governance arrangements which bring in some external actors. One model worth considering is the MultiStakeholder Group of the Extractive Industries Transparency Initiative.1 This model has been shown to be effective in other contexts, especially in terms of building credible performance data, collective learning2, institutional cooperation, coordination and ownership of reform programmes. During the design of any future anti-corruption programme, besides the standard political economy analysis, it would also be worth considering specifically how the political economy will affect Value for Money factors. It has been difficult to obtain reliable data under the programme. Two key institutions, DPP and PCCB, still have difficulty agreeing on core statistics despite efforts to harmonise data over several years. More broadly, there is no external verification of key programme data and it has not been possible to carry out planned surveys to assess results of some STACA components. Reliable data is critical for the reform process to be effectively managed and resources used efficiently. Future programming needs to incorporate innovative approaches that improve data integrity and implementation feedback. Technical assistance may also be useful in supporting institutions to generate and monitor this performance data. Delays in implementation have been a serious problem for STACA from the outset. Broadly speaking there have been three different elements to the delay: (i) delay in release of DFID funds due to long discussions on institutional workplans; (ii) delays in funds progressing through the Ministry of Finance to institutions; (iii) delays in implementation within institutions, for example due to long procurement processes. It may be worth considering in a more systematic way the different factors behind these delays and how they can be mitigated. The consultant carrying out the annual review noted that the logframe is based on a selection of activities from the institutional workplans, rather than an assessment of overall performance against these workplans. Strictly speaking, the output rankings do not take into account all activities implemented under the STACA programme. However there are also benefits to assessing performance in this way. Reporting against specific activities – even if only a sub-set of the full picture – increases transparency to the public about the actual work that this project is doing. Otherwise progress has to be assessed in a generic way with indicators such as “all workplan activities implemented as planned”. With this kind of output indicator, the actual work supported under the programme would be less clear to an outside observer. It is recommended that the present output targets are kept for the final year of the programme, but that future programmes should consider how to evaluate performance of all activities implemented by partner institutions. 1 MSI Integrity, Protecting the Cornerstone: Assessing the Governance of Extractive Industries Transparency Initiative Multi-Stakeholder Groups, February 2015. 2 Kania, J. and M. Kramer. (2011) Collective Impact. Stanford Social Innovation Review, pp. 36-41. Summary of recommendations for the next year The impact of delays in disbursements on programme performance needs to be reduced. This can be achieved by aligning disbursements to the Government of Tanzania financial year and starting the process of agreeing workplans earlier in the year. An in-depth review should be conducted to establish the benefits of a selection of institutional activities under STACA, in advance of any future programming. This review should include an effort to document the extent to which institutional cooperation has been improved along the law enforcement chain. Institutions’ activities on external communications should be discussed at the STACA Steering Committee. At the moment, external communications are focused on presenting institutions’ activities on anti-corruption. The Strategic Plan put forward a different strategy, involving communication of a break with the past in specific areas at the same time as efforts to ensure citizens perceive the changes communicated as real. Heads of Institutions should discuss whether this is practical and if so should refocus communications for the final year to the extent possible. Discussions should also be held with heads of institutions on key activities where there appear to have been difficulties in implementation, or where expected results of activities have not materialised. These include Model Police Stations and training on Money Laundering and Asset Recovery. Further information from institutions is required as a follow-up to the review of procurement carried out in September-October 2014. The STACA logframe needs to be revised taking into account changes to Work Plans, disbursement delays, and the decision to move the Integrity Fund to the AcT programme. Issues in the Judiciary noted in last year’s annual review have continued into this year. It is recommended that no further support is provided to the Judiciary under STACA. Progress reporting across all institutions could be improved. Presently, little information is given about the results of individual activities. This can be addressed partly through quarterly performance meetings with institutions. More detailed reporting on progress (including financial) should be provided in a common format. DFID should formalise fortnightly catch-up meetings with the PCO. The NCA financial liason officer’s work should be monitored closely in the first few months of implementation. Programme outputs agreed in the inception report should be treated flexibly to make use of any opportunities that may arise. A discussion should be held with NCA on the use of the Financial Liaison Officer’s time to support wider NCA work. While he should be encouraged to play a constructive role as a member of the HMG team in Tanzania, this work should not take so much of his time that it is preventing him from achieving his overall objectives. The Integrity Fund component should be formally moved to the AcT programme in ARIES; a new output should be added to the AcT logframe and the component should be removed from the STACA logframe. Proportionate formal submission(s) should be made to the Head of Office on how the programme’s remaining balance is expected to be utilised A. Introduction and Context (1 page) DevTracker Link to Business Case: DevTracker Link to Log frame: http://iati.dfid.gov.uk/iati_documents/3717452.docx http://iati.dfid.gov.uk/iati_documents/4779689.xls Outline of the programme 1. The main elements of the STACA programme: i) Support to Government of Tanzania (GoT) institutions (£9.3m). This support is intended to improve the performance of the institutions most directly involved in tackling corruption (the Prevention and Combatting of Corruption Bureau – PCCB, the Directorate of Public Prosecutions – DPP, the Financial Intelligence Unit – FIU, and the National Audit Office – NAO), supporting them to work more effectively together on the identification and handling of corruption risk and cases. It is also intended to increase public trust and lower expectations of corruption, especially in the Tanzanian Police and Judiciary. ii) An Integrity Fund (£1.2m) which is intended to provide support to a range of non-government initiatives to strengthen integrity in Government and reduce corruption. The Integrity Fund is being delivered through the Accountability in Tanzania programme and will work with civil society partners to explore anti-corruption impact of broader work to promote greater accountability. The support will enable partners both to expose particular instances of mismanagement and possible corruption at local level, and to follow up these instances, for example through the courts, the media or Police. This work is specifically set up as a learning exercise, where lessons about more and less effective approaches will be collected and documented. iii) Support for a financial investigator from the UK’s National Crime Agency (£0.5m) to assist law enforcement agencies to process complex international aspects of corruption cases. The Financial Liaison Officer is intended to (a) build capacity of Tanzanian agencies to investigate and prosecute financial crime (especially money laundering related to corruption), and to recover stolen assets; (b) assist Tanzanian agencies with direct support in investigations of financial crime, where requested, especially where this crime is related to corruption. 2. The Context3 Tanzania has a relatively comprehensive anti-corruption legislative and institutional framework, but implementation is weak, and there is a low likelihood of being held to account for corrupt behaviour. Absolute levels of corruption are hard to assess with a high degree of accuracy, as are overall trends. Public perceptions, although not a reliable measure of absolute levels of corruption, reflect a growing awareness of, and concern about, corruption across key sectors of government4. Petty bribery is widespread, but it is unclear whether it is becoming more or less prevalent.5 International composite indicators on corruption (Transparency International Corruption Perceptions Index, Worldwide Governance Indicators Control of Corruption indicator) show a slowly deteriorating trend over recent years. In some institutions, geographical areas and sectors in Tanzania, corruption appears to be the norm rather than the exception. However, no research exists which establishes whether or to what extent corruption in Tanzania is a collective action problem or a matter of improving principals’ control and management of agents (the Principal-Agent Problem).6 3. Basic Assumptions The STACA programme assumptions are set out the revised Theory of Change (October 2013). 3 This section is based on the STACA Strategic Plan Afrobarometer (2008, 2012, 2014); Views of the People (2007. 2012) 5 Transparency International (Global Corruption Barometer) suggests more people paid bribes in 2013 compared with 2011; the Views of the People survey suggests there may have been a decline in bribe-paying between 2007 and 2012. 6 STACA Strategic Plan for Years 2013/14-2014/15, pp. 12-13. 4 Fundamentally, all capacity building programmes are based on the assumption that principals in the relevant institutions are committed to programme goals. To the extent that programme activities focus on tackling internal corruption, these activities assume that corruption is a ‘principal-agent’ problem, where corruption is the exception rather than the norm in that institution. Subordinate to this overall assessment, the programme depends on two critical assumptions: The first assumption is that capacity building activities chosen by institutions are effective in improving capacity – for example that training and study visits lead to actual improvements in knowledge and skills; that equipment procured is the right specification and there are sufficient trained people to use and maintain it; that new IT systems function effectively, and so on. The second, even more critical, assumption is that once capacity is in place, there is sufficient political will to allow it to be used. That is, if the programme is successful in improving technical capacity, political factors do not intervene to prevent this newly-acquired expertise from being used to take forward corruption cases. 4. Expected Results The programme’s intended impact is reduced impact of corruption on the poor in Tanzania, as measured by the Control of Corruption indicator (part of the Worldwide Governance Indicators) and the percentage of Tanzanians who say they have paid a bribe in the past year (using data from Transparency International’s Global Corruption Barometer). The programme’s intended outcome is more active enforcement of anti-corruption laws and systems, as measured by the number of corruption cases flowing through the courts; the conviction rate in these cases; the level of public trust in the Police and Judiciary, and the actions of civil society partners to expose corruption and follow up to ensure an effective response to it. The outputs intended to contribute to the outcomes are: 1. Oversight agencies' performance and cooperation enhanced in the fight against corruption; 2. Efforts made to strengthen public trust in the Police and Judiciary; 3. NCA financial liaison officer assists law enforcement agencies to process complex international aspects of corruption cases; 4. Citizens supported to demand Government response to exposed instances of corruption, and/or to work collaboratively with Government at local level to address problems with a corruption dimension. 5. Contribution to the Operational Plan and DFID´s International Development Objectives Corruption impedes all three strategic objectives of DFID’s Operational Plan for Tanzania: wealth creation, delivering the Millennium Development Goals and getting Government to work better for Tanzanians. A recent, comprehensive review of the literature on anti-corruption commissioned by DFID found that there was strong evidence that corruption impacts negatively on firm profitability, investment and growth; that it is strongly assosciated with weak institutions; that it negatively affects the volume and quality of public service delivery; and that it has a disproportionate effect on women and the poor. 7 Corruption also poses a major threat to the effectiveness of UK aid in Tanzania. DFID’s wider engagement in Tanzania already tackles various aspects of corruption through a variety of different interventions; for example through improved management of public finances including procurement, parliamentary scrutiny of spending, and empowering civil society to hold government to account. This programme focuses on improving the performance of the institutions most directly involved in tackling corruption (Preventing and Combating Corruption Bureau – PCCB, Directorate of Public Prosecutions – DPP, Financial Intelligence Unit – FIU, and the National Audit Office – NAO). It will help them to work more effectively together on the identification and handling of corruption risk and cases. It also intends to address corruption in the police and judiciary. It also seeks to complement broader work with civil society implemented by other DFID Tanzania programmes, by tracking the potential anticorruption impact of these initiatives. ‘Why corruption matters: understanding causes, effects and how to address them: Evidence paper on corruption’, DFID, January 2015 7 B: PERFORMANCE AND CONCLUSIONS (1-2 pages) Annual outcome assessment Outcome indicator 1. Increased conviction rate in corruption cases (% of total corruption cases in court in a given year which end in convictions; % of total decisions which end in convictions) (Outcome 1 in STACA Strategic Plan) Milestone 2014: 10% of total cases ended in conviction; 50% of total decisions were convictions 2. Increased number of cases presented by PCCB to DPP; Decreased number of cases returned for further Investigation; Increased number of new cases in Court. (Outcome 8 in STACA Strategic Plan) Milestone 2014: increase in # of cases presented to DPP, continued reduction in # of files returned to PCCB for further investigation; Increased number of new cases in Court. Performance against Milestone Performance exceeded expectations. Available data for 2014 shows that 14% of all cases in court ended in convictions, while 50 % of those cases which were concluded ended in a conviction. (The difference between the two figures is explained by the large number of cases that do not result in either convictions or acquittals but roll over to the following year). 3. Increased public trust in police and judiciary (Outcome 6 in STACA Strategic Plan) Milestone 2014: Improvement in public trust and decrease in expectations of corruption in areas with model police stations, community policing and model courts. Performance moderately did not meet expectations. 4. Increased number of detected, investigated, prosecuted, decided and adjudicated cases of money laundering and asset recovery (Outcome 3 in STACA Strategic Plan) Milestone 2014: 30 investigated, 3 prosecuted, 2 decided 5. Selected civil society partners demonstrate credible anti-corruption results, and learn lessons about effective ways Milestone 2014: decision taken on funding mechanism for support to civil society initiatives; anti-corruption outcome indicator agreed Performance met expectations over the long term with overall improvement since 2011. However, performance in 2014 was weaker than in 2013. Also, performance on the number of cases returned for further investigation is weaker. # of cases presented to DPP: 143 (2011 – baseline); 221 (2012); 358 (2013); 337 (2014) # of cases returned for further investigation: 29 (2011 – baseline); 96 (2013); 91 (2014) # of new cases in court: 193 (2011); 288 (2012); 343 (2013); 238 (2014). According to the Afrobarometer survey the % of Tanzanians saying they trust the Police “somewhat” or “a lot” was 60% in 2012 and again 60% in 2014. The % of Tanzanians saying they trust the Courts “somewhat” or “a lot” deteriorated from 74% in 2012 to 68% in 2014. Performance moderately did not meet expectations. According to Police statistics, the number of cases investigated increased from 23 in 2011 to 45 in 2014, but the number of cases prosecuted in court remained low, with no cases in 2013 and 1 in 2014. There were two decisions in 2013 and none in 2014. A decision was taken on support for civil society initiatives in 2014 and this component of STACA will now be implemented through the AcT programme. There is a mixed picture on achievement of outcomes. The most positive aspect of performance is the conviction rate on corruption cases, which has improved steadily from a low base. In 2013 and 2014, and so far in 2015, the PCCB has maintained a conviction rate of over 50%, contrasting with many years before in which the rate hovered around 40%. This still represents a high number of acquittals and many resources being put into failed cases. Also, the overall conviction rate of 50% is mostly achieved in petty corruption cases; conviction rate in grand corruption cases is significantly lower. Looking at the number of corruption cases progressing through the system, this has improved overall through the programme but there was a reduction of cases in 2014. New figures on public trust in the Police and Judiciary were made available by Afrobarometer this year. The figures show that public trust in the Police has remained about the same while trust in the Judiciary has weakened. Broadly speaking, there seems reason to believe that some progress will be made towards key outcome indicators around the flow of corruption cases through the system and the conviction rate in these cases. This is positive, even if the contribution of STACA to these outcomes is unclear. However, little progress is being made on other outcomes such as public trust of the police and judiciary. Also, it appears at present that outcome-level progress is not leading to sustained impact on corruption, as shown in programme impact indicators (WGI Control of Corruption indicator, Transparency International Global Corruption Barometer). Overall output score and description The overall output score is A (performance met expectations). Outputs 1, 3 and 4 are ranked at A and output 2 is ranked at B. The B in output 2 reflects weak implementation of key programme priorities in the Police and Judiciary, particularly model police stations and model courts. Key lessons 8 Incremental gains can be made through capacity building on anti-corruption, but there are limits to what can be achieved. Overall, throughout STACA there have been modest gains in the number of corruption cases progressing through the courts, as well as in the conviction rate for petty corruption offences. However, gains are most likely to be made in areas where there is already some capacity, or where some political will for progress exists (e.g. prosecutions of low level petty corruption). Overall, it is unlikely that this kind of capacity building support will bring about a major change on grand corruption. Some activities carried out under STACA were originally suggested by institutions; others were initially suggested by DFID, discussed and later taken on by the institutions, including Model Police Stations, Model Courts, and external communications. This annual review has found a number of problems with the activities in the latter category. Often they were not implemented in ways that were discussed with DFID. The degree of senior leadership buy-in to these activities seems to have been weak; leaders have not communicated the importance of these activities internally within their organisations, nor have they stressed the ‘intervention logic’ (the way in which these activities are expected to work). STACA was set up with the specific purpose of improving cooperation between institutions on anti-corruption. In this it has made some limited progress. Institutions report improved relationships at all levels, from heads of institutions down to operational level. But many old problems remain, for example the lengthy process by which DPP gives consent for prosecution to PCCB cases. Incentives for institutions not to cooperate with each other remain strong across the Tanzanian public sector; resources and mandates are fiercely protected and this is especially noticeable in a sensitive area like anti-corruption. The STACA Steering Committee has not in itself provided a forum for resolving problems. Perhaps the best chance for supporting improved cooperation is by funding activities which in themselves bring institutions together, such as supporting PCCB to review NAO ‘red flags’ on corruption, or joint PCCB-DPP review of corruption cases. This mostly means supporting activities which should be funded by recurrent costs, which brings questions about sustainability. In any future successor programme to STACA, it is worth considering alternative Governance arrangements which bring in some external actors. One model worth considering is the MultiStakeholder Group of the Extractive Industries Transparency Initiative.8 This model has been MSI Integrity, Protecting the Cornerstone: Assessing the Governance of Extractive Industries Transparency Initiative Multi-Stakeholder Groups, February 2015. shown to be effective in other contexts, especially in terms of building credible performance data, collective learning9, institutional cooperation, coordination and ownership of reform programmes. During the design of any future anti-corruption programme, besides the standard political economy analysis, it would also be worth considering specifically how the political economy will affect Value for Money factors. It has been difficult to obtain reliable data under the programme. Two key institutions, DPP and PCCB, still have difficulty agreeing on core statistics despite efforts to harmonise data over several years. More broadly, there is no external verification of key programme data and it has not been possible to carry out planned surveys to assess results of some STACA components. Reliable data is critical for the reform process to be effectively managed and resources used efficiently. Future programming needs to incorporate innovative approaches that improve data integrity and implementation feedback. Technical assistance may also be useful in supporting institutions to generate and monitor this performance data. Delays in implementation have been a serious problem for STACA from the outset. Broadly speaking there have been three different elements to the delay: (i) delay in release of DFID funds due to long discussions on institutional workplans; (ii) delays in funds progressing through the Ministry of Finance to institutions; (iii) delays in implementation within institutions, for example due to long procurement processes. It may be worth considering in a more systematic way the different factors behind these delays and how they can be mitigated. The consultant carrying out the annual review noted that the logframe is based on a selection of activities from the institutional workplans, rather than an assessment of overall performance against these workplans. Strictly speaking, the output rankings do not take into account all activities implemented under the STACA programme. However there are also benefits to assessing performance in this way. Reporting against specific activities – even if only a sub-set of the full picture – increases transparency to the public about the actual work that this project is doing. Otherwise progress has to be assessed in a generic way with indicators such as “all workplan activities implemented as planned”. With this kind of output indicator, the actual work supported under the programme would be less clear to an outside observer. It is recommended that the present output targets are kept for the final year of the programme, but that future programmes should consider how to evaluate performance of all activities implemented by partner institutions. Key actions See ‘Summary of Recommendations for the next year’ above Has the logframe been updated since the last review? Yes. Minor changes were made to the logframe in December 2014 for the following reasons To clarify where there was ambiguity on some of the targets, as to whether the numbers referred to cumulative or annual targets To bring the logframe into line with agreed workplans To remove the Judiciary from financial year 2014/15 Output indicator 1.7 on coordination (which tracked frequency of meeting of the Steering Committee and National Criminal Justice Forum) was also removed during this revision, on the grounds that coordination is better measured in tracking specific activities which are undertaken jointly (already in the logframe e.g. PCCB review of NAO corruption ‘red flags’, DPP review of PCCB prosecutions, etc). 9 Kania, J. and M. Kramer. (2011) Collective Impact. Stanford Social Innovation Review, pp. 36-41. C: DETAILED OUTPUT SCORING (1 page per output) Output Title Oversight agencies' performance and cooperation enhanced in the fight against corruption Output Score Output number per LF 1 A Risk: Medium Impact weighting (%): 40 Risk revised since last AR? N Impact weighting % revised since last AR? N Indicator(s) 1.1 NAO auditors trained in detecting fraud and corruption Milestones 2014: 380 (cumulative inc 80 new auditors trained) 1.2 Effective compliance regime used by FIU for increasing numbers of STRs received 2014: inspection manuals developed for key sectors (Banking and Insurance). Compliance regime communicated to moneylaundering reporting entities. 2014: 70 files investigated annually 1.3 Case review system in place to improve PCCB investigation of corruption red flags in NAO reports 1.4 Nationwide telecommunications network established to facilitate information management within PCCB 2014: 27 out of 96 district offices connected 1.5 New Case Docket Management System in DPP established and effectively used 2014: Case Docket Management System fully functional in 8 regions 1.6 Effective monitoring system established to track quality of PCCB/ DPP prosecutions 2014: Joint DPP/ PCCB inspection of 50 corruption cases, which tracks the progress of cases in the courts, develops statistics, monitors quality of prosecutions and adherence to procedures Progress 2014: NAO report a total of 424 auditors trained on detecting fraud and corruption in audits, including 74 trained in 2013/14. Also 92 auditors were trained on fraud and corruption in extractive industries. (A) 2014: Inspection manuals for the banking and insurance sectors have been developed and communicated. Compliance regime has been communicated to ML reporting entities (A) 2014: 185 files were investigated in financial year 2013/14. (A+) 2014: 26 regional offices and 19 district offices connected. A decision was taken by PCCB to prioritise strengthening central servers this year and not to extend the network. Further extension of the network is planned for next year (B). 2014: Various actions have been taken to bring the Case Docket Management System forward. Hardware and software is in place, staff have been trained and inspection in the regions has been carried out. However the system is still not fully functional in 8 regions. (B) 2014: Joint DPP/ PCCB inspection of corruption cases was conducted in 20 regions, covering a total of 456 ongoing corruption cases. (A++) Key Points All institutions report considerable benefits of the STACA programme for their respective institutions, whether it concerns training, equipment or support for specific operational activities. Key activities tracked through the logframe have been implemented as planned, with overperformance in some areas including the number of auditors trained in detecting fraud and corruption, and the number of files investigated by PCCB which originate in NAO files. However in other areas, changes in priorities or overestimation of institutional capacity has led to under performance (e.g. PCCB telecommunications network and DPP case flow management system). Certain activities have been carried out as planned but expected benefits have not been realised. One striking example has been training in money laundering and asset recovery. Despite much training of staff on this area, few if any corruption cases at regional and district level involve efforts to seize and recover the proceeds of corruption. This means that even if someone is convicted of corruption and pays a fine or goes to prison, they will usually still be able to carry on making use of their criminally-acquired wealth. This should be discussed further at head of institution level. More broadly, reporting of results of individual activities has been weak. This has been a long standing problem during the implementation of STACA. It is proposed to address this through an in depth review of a number of STACA activities, as well as in a more informal way through regular quarterly meetings with implementing institutions. Generally, in field visits to district and regional offices of the various institutions followed by interviews at headquarters, reviewers found that understanding of the logic behind certain STACA activities was weak particularly at regional and district level. Heads of Institutions could play a stronger role in explaining and communicating the logic of STACA activities internally. External communication activities have not been implemented as envisaged in Work Plans and the Strategic Plan. This is partly due to the delays mentioned above, but also a lack of shared understanding between DFID and institutions of the purpose of these communications activities. At the moment external communications are focused on presenting institutions’ activities on anticorruption. The Strategic Plan put forward a different strategy, involving communication of a break with the past in specific areas at the same time as efforts to ensure citizens perceive the changes communicated as real. There are instances of activities where there appears not to have been a realistic assessment of existing capacities before proceeding with the intervention. One example is the Case Docket Management System in the DPP, where the institution’s ability to install and use this software appears to have been overestimated, leading to delays in implementation. When asked what is needed to improve the fight against corruption through institutional means, staff in STACA institutions commonly refer to the need for whistleblower protection, improved public knowledge of what is corrupt behaviour, the need to address the negative performance consequences of tenured civil servants, as well as the weakness of meritocratic recruitment to the civil service, and weak institutional independence. Summary of responses to issues raised in previous annual reviews (where relevant) “It would not be advisable to add additional funds while existing funds have not yet been spent. DFID should shift to making payments at six monthly intervals, instead of annually in advance, and should recommend to institutions that they plan to spend the 2014/15 budget over 2014/15 and 2015/16 financial years.” – DFID has made this change and now provides funding in six monthly intervals. The 2014/15 budget has also been split over the 2014/15 and 2015/16 financial years. “Continued efforts need to be made to improve coordination. This should start with regular meetings of the STACA Steering Committee and National Criminal Justice Forum.” – Institutions report that coordination has improved, with strong relationships both at leadership level as well as at operational level. This is encouraging, but many constraints remain, especially the continuing issues around DPP consent for prosecution of PCCB cases. The programme’s contribution to cooperation has probably been greatest in the specific areas where activities have been funded which require institutions to work together. The STACA Steering Committee is acting as a Governance body for this programme and not as a broader problem-solving forum. Recommendations An in-depth review should be conducted to establish the benefits of a selection of institutional activities under STACA, in advance of any future programming. This review should include an effort to document the extent to which institutional cooperation has been improved along the law enforcement chain. Institutions’ activities on external communications need to be discussed at the STACA Steering Committee. At the moment external communications are focused on presenting institutions’ activities on anti-corruption. The Strategic Plan put forward a different strategy, involving communication of a break with the past in specific areas at the same time as efforts to ensure citizens perceive the changes communicated as real. Heads of Institutions should discuss whether it is practical to refocus communications in this way for the final year of the programme. Discussions should also be held with heads of institutions on key activities where there appear to have been difficulties in implementation, or where expected results of activities have not materialised. These include training on Money Laundering and Asset Recovery. The STACA logframe needs to be revised taking into account changes to Work Plans, disbursement delays, and the decision to move the Integrity Fund to the AcT programme. Output Title Efforts made to strengthen public trust in the Police and Judiciary Output number per LF 2 Output Score B Risk: High Impact weighting (%): 40 Risk revised since last AR? N Impact weighting % revised since last AR? N Indicator(s) 2.1 Sting operations in the Police arrest and sanction those involved in petty bribery Milestones 2014: 105 officers arrested (cumulative). Follow through (e.g. dismissal, legal action) remains strong 2.2 Model Police Stations established and working effectively 2014: 6 model police stations in operation where all police forms available and in good supply, special officers available in station during working hours; police standards clearly communicated e.g. on police walls, in media campaigns 2.3 Community policing partnership to fight corruption established 2014: new community policing initiatives operational in 6 districts (initiatives to involve the public to a greater extent in police activities, with a view to building trust and reducing corruption). Progress 2014: 32 police officers caught on suspicion of corruption. 28 discharged from service and administrative measures taken against 4. Since the start of STACA, a total of 140 officers have been arrested. Of these, 65 were discharged from employment and 17 brought to court. (A+) 2014: Four model police stations are currently being refurbished and another three are in the procurement process. There has also been some training for officers in model police stations but overall communications about the model stations (both internal and external) remain weak. It is uncertain whether the changes so far will lead to a significant change in performance in these stations. (B) 2014: No new community policing system at district level – Reported progress data was revised during HQ interview: existing community policing partnerships were reinforced, not newly established. (B) Key Points Police performance has been mixed. Some areas of strong performance have been registered, including sting operations. However performance on the model police stations has been weak. This is partly a result of overambitious planning (e.g. attempting to bring in 6 model police stations in one year). But at present the original idea behind the model police stations seems not to have been grasped. Most discussion on model police stations is focused on refurbishment. Physical infrastructure is currently being improved in 3 police stations, with a further 3 planned for this year. There has also been some training of staff on customer care. But behavioural and performance standards for the model stations have not been made clear to staff, and there has been limited communications to the public about the standards to expect at model stations. A prize which was discussed with DFID as being about rewarding the highest performing Police Station has instead been used (against specific DFID advice) to reward individual officers. Discussions at headquarters during the Annual Review confirmed that these issues will be addressed. Regarding community policing, the role of STACA support appears to have changed. Although discussions during the writing of the Strategic Plan had focused on establishing new community policing partnerships in relation to anti-corruption, during implementation this activity shifted towards strengthening of the existing partnerships. The existing community policing partnerships involve regular local forums which address local problems, especially security related. The role of STACA funding has contributed to an expansion of activity, but it is not fully clear what this has involved, and the link to anti-corruption does not seem strong. The Police decided to shift some resources this year towards piloting an electronic ticket system for the Traffic Police in Dar es Salaam. This seems to be a promising initiative but progress needs to be reviewed carefully to see whether it is making a difference. The field and head quarter interviews with the Police established that there is a clear need to increase the flow of information from the central to the local level regarding the purpose and strategy of STACA and the various activities. For example, some senior regional officers were unaware of key STACA activities such as model police stations. After last year’s annual review, a decision was taken not to provide any funds to the Judiciary in Financial Year 2014/15, and the output indicator for the Judiciary in 2014 was removed from the logframe. This decision was taken on the grounds of weak performance and delays in implementing work plans, and the provision of resources intended for primary courts (computers, motorcycles, filing cabinets, steel shelves) to district and high courts. At a high level meeting with the Judiciary in December 2014, the Judiciary undertook to resolve all outstanding issues. Since then, progress has been made in terms of speeding up delivery of 2013/14 workplans, but there are still issues of resources being provided to higher courts. The Judiciary is intending to leave some of this equipment in place and to provide additional equipment to other primary courts using internal funding. The concept of ‘model courts’ does not appear to have been taken on. Resources have been provided to the courts but these have not been linked to changes in standards. Communications with the public has focused on a national television programme, “Haki Mali Yako”, which communicates about the work of the Judiciary but not about the specific changes envisaged in the model courts. Also the decision to spread resources thinly (some 50 courts have benefited from STACA resources in the past year) is likely to prevent serious introduction and monitoring of new standards. Summary of responses to issues raised in previous annual reviews (where relevant) “…given the delays in implementation we propose to shift to making payments at six monthly intervals, instead of annually in advance, and should recommend to institutions that they plan to spend the 2014/15 budget over 2014/15 and 2015/16 financial years. Some changes to the logframe will be required.” – DFID has made this change and now provides funding in six monthly intervals. The 2014/15 budget has also been split over the 2014/15 and 2015/16 financial years. The logframe has also been updated. “Model police stations and model courts will need to be carefully monitored, especially to see if they are being effectively communicated to the public. A survey of trust in police and judiciary at local level, before and after the implementation of model stations and courts, would be very helpful. However it is not clear at this stage whether the budget will be sufficient to allow this.” – Progress in developing model police stations and model courts was monitored during the annual review. Whilst resources have been provided to courts and police stations, these fall short of the envisaged model station and model court ideas discussed early on in the programme. At present they are not being effectively communicated either internally within the Police and Judiciary, or externally to the public. Surveys of trust in police and judiciary have been carried out by Afrobarometer in 2012 and then in 2014. However, the 2014 survey happened before any significant work was done to introduce model police stations and courts. “A programme of engagement with the Judiciary needs to be taken forward to make clear that performance has to improve if the Judiciary is to remain part of the programme.” – Senior level meetings have been held with the Judiciary to address the concerns outlined in the previous Annual Review. An agreement was reached concerning what needs to improve, focusing on: o o o Full implementation of 2013/14 workplan; Assurance that all DFID resources (2011/12 to 2013/14) have been spent on primary courts as intended; Demonstration that the Judiciary have grasped the concept of model courts and intend to implement this concept in full. Recommendations Judiciary: Given the already slow action by the Judiciary, the continued problems with provision of resources to higher courts and the weak implementation of the model court concept, it is now unlikely that the Model Courts will be implemented in the way envisaged. It is therefore recommended that no further support to the Judiciary be provided under STACA. Police: A discussion on the model police station concept should be held at head of institution level if possible. At present these stations are not being implemented in the way originally discussed. If the stations are to have an impact in terms of building public trust in the police, there will be a need to set clear standards of performance that both officers and the public know and can recognise. It would be advisable to concentrate resources for the last year of the programme on a small number of model stations and ensure that these are really working well, rather than trying to broaden out into any more new stations. Output Title NCA financial investigator assists law enforcement agencies to process complex international aspects of corruption cases Output number per LF 3 Output Score A Risk: High Impact weighting (%): 5 Risk revised since last AR? N Impact weighting % revised since last AR? N Indicator(s) 3.1. Establishment of effective NCA financial investigator role which meets agreed output targets Milestones 2014: Financial Investigator in post and completes inception report detailing activities and outputs that can be achieved within 2 year timeframe Progress Financial Liason Officer started work on 1 November 2014. Inception report delivered on 17 February 2015, in line with agreements in Memorandum of Understanding between DFID and NCA (A) Key Points After long delays, NCA was finally able to recruit a financial liason officer (FLO) in September 2014. A Memorandum of Understanding was signed in October, and the officer started work on 1 November 2014. He completed an inception report and submitted it to DFID on 17 February 2015. The inception report sets out progress to date and detailed output targets for the remaining time of programme implementation (to 31 October 2016). The objective of this work, as set out in the Memorandum of Understanding, is to strengthen anticorruption enforcement in Tanzania by enhancing the ability of Tanzanian agencies to investigate and prosecute financial crime linked to corruption. Progress since the start of implementation: o The financial liason officer has established a workplace within the PCCB Headquarters. o He has established good working relationships with the Asset Tracing and Recovery Unit in PCCB and is providing direct hands on support to that unit. o He is also working with the PCCB Director of Investigations to set up training for staff from regional offices on asset identification and recording. o He has introduced himself to the DPP and his head of the Asset Recovery, with a view towards promoting stronger cooperation between DPP and PCCB throughout the investigations process. o He has also discussed the possibility of providing support to FIU, although there seems to be limited demand for this. o He has worked well to track and coordinate those providing support to Tanzania in the area of anti-money laundering and asset recovery, including World Bank/ UNODC Stolen Asset Recovery initiative; Swiss Development Cooperation; the US Treasury; and the US Africa Command. At this point in time, it seems that the greatest demand for the financial liason officer’s services will come from PCCB. In the first two months of the FLO’s time in Tanzania he has also been called on to support NCA on certain tasks related to its broader mandate. Summary of responses to issues raised in previous annual reviews (where relevant) “Encourage NCA to move as quickly as possible to recruit the officer.” – This recommendation was actioned by DFID staff and the officer was recruited in September 2014. Recommendations The Financial Liaison Officer’s work should be monitored closely in the first few months of implementation. Programme outputs agreed in the inception report should be treated flexibly to make use of any opportunities that may arise. A discussion should be held with NCA on the use of the Financial Liaison Officer’s time to support wider NCA work. While he should be encouraged to play a constructive role as a member of the HMG team in Tanzania, this work should not take so much of his time that it is preventing him from achieving his overall objectives. This is especially important as he is 100% funded by DFID using Official Development Assistance. Output Title Citizens supported to demand Government response to exposed instances of corruption, and/or to work collaboratively with Government at local level to address problems with a corruption dimension Output number per LF 4 Output Score A Risk: High Impact weighting (%): 15 Risk revised since last AR? N Impact weighting % revised since last AR? N Indicator(s) 4.1. Citizens provided with information about extent of corruption, scandals, standards to expect in government offices, how to report corruption etc (e.g. through local or national media, community meetings, etc) 4.2 Citizens take action in the fight against corruption by e.g. joining campaign, sending SMS, participating in local-level problem-solving initiatives Milestones 2014: decision taken on funding mechanism for support to civil society initiatives; output indicators agreed 2014: decision taken on funding mechanism for support to civil society initiatives; output indicators agreed Progress 2014: Decision taken on funding mechanism to support civil society initiatives: this will be done through the Accountability in Tanzania (AcT) programme. Output indicators have been agreed. (A) 2014: Decision taken on funding mechanism to support civil society initiatives: this will be done through the Accountability in Tanzania (AcT) programme. Output indicators have been agreed. (A) Key Points This component was subject to significant delays in earlier years of the programme, principally due to the failure of the procurement for the Integrity Fund. This year progress has been made in deciding how to deliver this component and for this reason it is now scoring an A. In the first few months of the year, options were investigated to turn this component into a largescale impact evaluation. Discussions were held with Evaluation Department, the World Bank and Twaweza, a well-regarded Tanzanian NGO. However it was ultimately judged not to be possible to implement this approach, due to the absence of suitable local partners. In the light of this, a decision was taken to implement this component through the Accountability in Tanzania (AcT) programme. The component will provide support to existing AcT partners’ work on building accountability, but will more explicitly track the effects of this work in terms of building integrity and fighting corruption. This approach will make use of AcT’s capable civil society partners who have already developed experience in exposing instances of misuse or mismanagement of funds at local level. The STACA funds will enable partners to continue their work in exposing these kinds of cases, and to devote more resources into following up them up, for example through the courts, the media or Police. This work is specifically set up as a learning exercise, where lessons about more and less effective approaches will be collected and documented. To maximise synergies with previous work carried out under AcT, and also to ensure that there is no artificial dividing line between STACA-funded and AcT-funded partners going forward, the STACA non-government funds (£1.2 million) are planned to be transferred to AcT. This output would thus fall away from the STACA logframe and a new output will be added to the AcT logframe to cover the STACA-funded work. Summary of responses to issues raised in previous annual reviews (where relevant) “Conduct discussions with potential suppliers to scope out what is feasible within the present market in Tanzania and internationally. Subject to these discussions, rewrite the Terms of Reference for the Integrity Fund and restart the procurement process.” - A discussion was held with all suppliers who had been eligible to bid for the work to find out why they had not bid. This led to the decision to restructure this component and implement it through the AcT programme. Recommendations This component should be moved to the AcT programme and the logframe and ARIES updated accordingly. D: VALUE FOR MONEY & FINANCIAL PERFORMANCE (1 page) Key Cost Drivers and performance The key underlying cost drivers relate to: personnel (principally the overheads for the PCO and the cost of National Crime Agency staff), procurement, and delivery of activities in workplans (training, travel, consultancy, etc). These cost drivers are the same as stated in the Business Case, but the personnel costs for the managing agent has been removed and the amount of technical assistance envisaged has reduced (the only TA currently provided through the programme is the NCA officer). In terms of performance against these drivers, the management costs of the PCO, at around 8% of the Government component, are lower than those anticipated for the Management Agent. The cost of the NCA member of staff was also negotiated down 30% compared with the original figure quoted (which had been benchmarked against other DFID and NCA offices). More detailed data on unit costs of actual items procured through the Government systems is not available as part of standard reporting. This is a problem for all financial aid programmes working with the Government of Tanzania. However this year DFID decided to go beyond minimum requirements and carried out a review of STACA procurement. This involved reviewing files for one procurement per institution, and some benchmarking of items procured was carried out. This found that most items were quoted at similar to market prices, for example comparing with prices in South Africa quoted on the internet. But one particular piece of IT equipment procured by the DPP appeared very expensive when compared with South African prices and this is being followed up. A number of other queries also surfaced through this review and further information is required from institutions to clear up these issues. VfM performance compared to the original VfM proposition in the business case Indicator Performance to date/ Comment Effectiveness (how well our outputs will achieve our desired outcome) % of low income households paying Transparency International Global Corruption Barometer (TI-GCB) bribes and the % of the public that appears to shows a slight increase in the prevalence of petty encounter police, judiciary or magistrates bribery between 2011 and 2013 According to the survey the and pay a bribe. (both measures number of Tanzanians who had paid a bribe in the past year rose expected to decrease) from 49% in 2011 to 56% in 2013. Of those who had come into contact with the Judiciary, the number of people saying they paid a bribe rose from 46% (2011) to 52% (2013), while the equivalent figures for the Police were 48% (2011) to 62% (2013). There is no GCB data for 2014. % of targeted citizens who believe that Government is committed to tackling corruption in the public sector and/or % that are willing to complain about corruption. (both measures expected to increase) TI-GCB again shows worsening picture between 2011 and 2013, but there is no new data for 2014. The % of Tanzanians who believe the Government is effective in the fight against corruption reduced from 32% (2011) to 26% (2013). The number of Tanzanians who say that they would be prepared to report an incident of corruption fell from 89% (2011) to 71% (2013). In fact, the number of incidents of corruption that are reported is much lower than either of these figures suggests. Number of corruption cases reported and/or % of reported cases investigated by PCCB and/or % of investigated cases that are accepted for prosecution. (all measures expected to increase) In 2013 (last year for which stats are available), 5,456 allegations were received by PCCB. This is higher than 2011 and 2012 but still lower than the high of 8,235 in 2007. In the first half of 2014 (Jan-June) the figure was 2,765 allegations, approximately the same as 2013 on a month-by-month basis. The number of completed investigation files rose from 868 in 2011 to 1100 in 2013 – but only 391 cases were investigated from Jan-June 2014. The number of new cases in court rose from 193 in 2011 to 343 cases in 2013, subsequently falling to 337 in 2014. Number of complaints concerning the police and judiciary that are received and acted on (expected to increase in the short term as confidence grows in reporting mechanism, then decrease in long term as complaints reduce) Police: Reduced from 314 complaints in 2012, to 260 complaints in 2013 (37 about corruption), and 178 in 2014 (20 about corruption). No information about whether complaints acted on. Judiciary: No data available. Indicator Performance to date/ Comment Efficiency (how our inputs are converted into outputs) Increase in the number of fraud cases In 2012 (calendar year), NAO submitted 18 special audit reports detected by NAO as a result of staff to various state bodies for follow up, including 8 reports which trained on fraud detection, new fraud were passed to law enforcement bodies (PCCB, DPP or Police). detection system being installed and forensic/special audits conducted In 2014 (calendar year) NAO submitted 8 special audit reports to state bodies, of which 4 were submitted to law enforcement bodies (PCCB or Police). Increase in number of complex corruption Data not available for ‘complex cases’ as no definition of these cases detected and prosecuted as a cases exists in the Tanzanian system. Looking at grand corruption result of PCCB, FIU and DPP staff being cases more broadly, numbers seem to be determined more by the trained uncovering of large public scandals than by skills of PCCB or other staff. E.g. a large number of corruption cases (approx. 15) were taken on in 2008, mostly relating to the EPA scandal. Most of these cases remain in the courts. In recent years (2012-14) only around 3-5 new grand corruption cases have been taken on per year, but the discovery of the IPTL escrow scandal has again led to a spike in numbers. This number is probably therefore a poor indicator of skills development funded by STACA. Decrease in perceptions of corruption in Data not available. Few studies measure perceptions of corruption traffic police in pilot areas as a result of specifically in the traffic police. The Views of the People study measures introduced by programme 2012 found that 76% of those surveyed believed the traffic police were affected by corruption ‘a lot’. This study has not been repeated since 2012. Economy (inputs being purchased at the appropriate quality and right price) Overhead costs of the managing agent No management agent has been recruited. Management costs of will be monitored. These should not the PCO, at around 8% of the Government component, are lower exceed 10% of the cost of the than those anticipated for the Management Agent. programme, as benchmarked against programmes with similar management structures Unit costs for the provision of technical assistance and training will be monitored to ensure high quality assistance at a reasonable price. The managing agent will be asked to benchmark this against the equivalent provided in Tanzania and internationally. No technical assistance provided in FY 2013/14. Costs of NCA officer benchmarked against other DFID and NCA offices. Using this process,a figure for full costs was calculated and quoted but this was reduced by some 30% through the negotiation process. The indicators of effectiveness currently appear to show a deteriorating trend, although it would be unrealistic to expect these figures to be going in the right direction until some time after programme implementation. There has only been around 1 year of implementation since the programme was revised in mid-2013. There is some cause for moderate optimism in that some of the programme’s outcome indicators are being achieved (principally speed of flow of corruption cases through the system and conviction rate in corruption cases). The STACA theory of change sets out some potential causal links between these measures and programme inputs and outputs. However there are many other factors which influence these indicators and the contribution of STACA is not fully clear. The difference between the relatively positive progress on outcome indicators and less positive performance on the effectiveness indicators above is explained by the fact that several of the effectiveness indicators are pitched at impact rather than outcome level. This does however point to a potential weak link in the Theory of Change, as positive progress on outcomes is not necessarily leading to positive progress at impact level. This is most likely related to the fact that overall levels and perceptions of corruption are influenced by a wide range of factors outside the control of the STACA programme. A more accurate assessment of STACA’s effectiveness would require some more detailed data on the intermediate effects of STACA outputs (e.g. impact of training and equipment on case flow and conviction rate) – but this data is not readily available and will be difficult to gather within the timeframe of this programme. Some information at this level will be gathered through research work in 2015. On efficiency, there is some general assurance in that programme outputs continue to be achieved (with some variance between outputs – see sections above) at prices agreed in workplans. The choice of outputs in the STACA logframe (usually the direct result of inputs e.g. number of auditors trained) leads to a fairly clear causal link between inputs and outputs. In this sense value for money would appear to be being achieved. But it is harder to make a more nuanced judgement in terms of a comparison in the levels of efficiency between this programme and other programmes. That would require tracking unit costs at output level (e.g. cost per NAO auditor trained, cost per PCCB office connected to the PCCB intranet). The main problem, again, is that financial reporting at the level of detail required is not currently provided by the Government. It might be possible to include indicators of this sort in a successor programme to STACA. The indicators on economy generally show a positive picture. Also, the total financial aid package is being spent according to budget, as is the Integrity Fund. However again, in future, more detailed information could be gathered if it was provided by Government – for example on specific unit costs such as cost of training venues, equipment such as computers and motorcycles, reviewing whether these compare with market prices in Tanzania. Assessment of whether the programme continues to represent value for money Overall there is insufficient information to come to a definitive conclusion on Value for Money. On the basis of information available, it would appear that is there is some assurance of the economy of the programme. On efficiency there is basic assurance that workplans are being delivered on budget and most output targets are being achieved, but it is much harder to give a statement on the relative efficiency of this programme compared with others. In terms of effectiveness, the picture is quite unclear with some positive and some negative signs. Quality of financial management Government component All narrative, financial and audit requirements have been met to date. However, there are concerns as to the quality of the financial reporting made available through the PCO and the fact that, often, expenditure exactly matches budget. The new quarterly meetings with the institutions are expected to help establish closer monitoring of spending progress, with regular reporting by institutions through a common template. Key findings from the 2011/12 and 2012/13 audit reports detailed in the last annual review, have been followed up as follows: Incorrect payment of VAT amounting to TSh 35m. This has been taken up by PCO and the institutions, but progress has been very slow. FIU and PCCB are understood to have written to the TRA requesting a refund, but the status of the judiciary is unknown. The procurement review led to concern that the police may have paid VAT on a procurement of motorbikes; as part of the follow-up by the PCO, we have been continually informed verbally that VAT was not paid, but the promised exemption certificate has not been seen. The issues around VAT will continue to be followed up at the Technical Committee and Steering Committee. Payments in advance. Since the next audit reports are pending, we have been unable to ascertain whether this practice has continued to occur. However, the message was given in the subsequent technical and steering committees that this was unacceptable. Other concerns included unauthorised viring of funds from one activity in the work plans to another (Judiciary); delayed procurement processes (Judiciary, Police, DPP, PCO); and submission of incorrect financial information (Judiciary, FIU). These issues were discussed at committee meetings, where institutions committed to correct their behaviour going forward. The special audit of STACA PCO revealed some weakness in internal control which allows the STACA Chairperson (Director of Public Prosecutions) and Director General (DG) PCCB to be passed over for financial authorization relating to PCO, with two other authorizers potentially having powers to initiate, approve and authorize payments.. The 4th Steering Committee in May 2014 recommended the Chairperson and DG PCCB (or their delegates) both be mandatory signatories on payment requests from the STACA Programme Coordinator. Practically speaking, this only meant removing the PCO Co-ordinator as a delegate for the Steering Committee Chairperson (DPP) and replacing him with the Steering Committee Chairperson (Deputy DPP). Cheques, meanwhile, are signed (following the above authorisation process) by the Chief Accountant (or delegate) of the PCCB (where the PCO’s account is held) and the PCO Co-oridinator or Financial Expert Meanwhile, to strengthen the internal control system within the PCO, it was recommended to employ an Internal Audit Function. The Steering Committee agreed to employ the PCCB’s Internal Audit Unit and Pre –audit for internal review of the PCO’s financial transactions and such an audit was carried out in Winter 2014/15. The next set of audit reports were expected by 31st March 2015 and progress has been followed up regularly since the new year, but it has become clear that these will not now be received until after the Easter break (i.e. by 10th April at the earliest), missing the general government deadline. Follow-up will continue and DFID will release no further funds until the reports have been received and reviewed. Regarding performance against budget and forecast, the programme’s implementation delays have been much discussed elsewhere here and in previous reviews. However, the recent decision to delay the release of the second 2014/15 payment until the (Tanzanian) 2015/16 financial year (where it will be rebudgeted) has positive value for money implications, as opposed to rushing to release and spend the money within the original timeframe. This arrangement has necessitated an extension of the Memorandum of Understanding with the Government from 31st March 2015 to 30th June 2016, a change which is being finalised at the time of writing. Regarding the overall programme budget, there is now an outstanding balance, as a result of 1) Potential removal of Judiciary and withholding of entire 2014/15 payment (saving of £300,000) 2) Finalisation of NCA component budget below that envisaged when cost extension requested in 2014 (saving of at least £196,266) At least some of this will likely be used to fund the research currently being procured for, and possibly for other consultancy work in the programme’s last year and a half. All such reallocations will be cleared with the Head of Office. NCA component A problem has arisen with regard to the financial management of the NCA officer’s costs, despite quite a lot of discussion before the MoU was signed. DFID has still not received an invoice – in the two months since the end of the project’s first quarter – and the only evidence of expenditure seen is a raw spreadsheet of all the costs charged by the FCO to the NCA’s charge code – no evidence or estimate of the costs incurred directly by the NCA has been given. The Programme Manager is now taking this forward with the office manager in Nairobi, to ensure that DFID gets the information it requires to perform sufficient scrutiny of the project’s expenditure. Once the procedure has been clarified, the original quarterly schedule will be applied. Integrity Fund DFID has confidence that, in moving these funds to the AcT programme, they will be well managed by KPMG (AcT fund manager), who have effectively managed fiduciary risk under that programme for the last six years. We have just approved a 2015/16 grants allocation from KPMG and, while we are still waiting for an overall budget profile, have confidence that they will monitor underspend closely and make considered requests for reallocation if and when they become necessary. Date of last narrative financial report Date of last audited annual statement September 2014 March 2014 E: RISK (½ page) Overall risk rating: High Overview of programme risk Risk Description Impact on Success (L,M,H) Probability (L,M,H) Mitigating Actions (in Business Case) Update March 2015 Risk 1 Programme relationships negatively impacted by wider pressures building in GBS/SBS relationship around underlying principles etc. H M - Strong communication of results - Strong relationship with the heads of implementing institutions There have been pressures in the relationship with Government connected to the GBS and the IPTL case. These have not significantly impacted on the programme to date. Risk 2 Low political will means that capacity built through STACA cannot be used H M - GBS dialogue intended as a test political will, focusing on the willingness of the Government to pursue the active fight against corruption. - Progress against outcome indicators will give an objective sense of whether the fight against corruption is progressing - Non-government component of the programme will help to some extent but will not deliver political will on its own This risk is critical to the success of the programme and almost amounts to a ‘killer risk’ (high probability, high impact). The only thing preventing this is the fact that there is political will, up to a point, to prosecute lower level corruption. Mitigating strategies are being employed but ultimately this is a very difficult risk for DFID to mitigate. Risk 3 The UK seen as not being the right bilateral donor to lead on an anti-corruption programme because of its own recent corruption record in relation to Tanzania M M - Provide world class expertise – if the product is useful, this will overcome concerns - The recent introduction of the UK Bribery Act may help to counter the negative impressions of the UK on corruption This has not been an issue. Institutions are grateful for the support and do not raise issues of the UK’s record on anti-corruption. Risk 4 The Judiciary is not fully committed to working with the UK on tackling corruption and may therefore block work in this area M H - programme of support to the judiciary will only take place under strict conditions including clear commitments from the judiciary themselves (to be initiated through early high-level engagement with the Chief Justice) - the programme’s focus on the primary courts may offer a less contentious entry point than seeking to tackle higher level corruption Working with the Judiciary has been very challenging. DFID has put in place a series of high level meetings with the Judiciary to address weak performance. Funding for 2014/15 has been held back. Risk 5 Programmes supporting police reforms or working across the security and justice sectors are normally categorised as high-risk. The possibility of high level political/public criticism is present especially in the event of allegations of a human rights breach M H - Capitalise on the Inspector General of Police’s commitment to act. Ensure that interventions supported have a clear benefit to the police and judiciary - Closely monitor progress and be prepared to alter the programme or cease support if there is no traction - monitor closely (through CGA and other mechanisms) HR record of police There have not been any allegations of human rights breaches during the time of programme implementation. However risks of working with the Police remain and some problems have emerged through the programme, including weak implementation of model police stations. These will be addressed through engagement with the police at a high level. Risk 6 Consultancies do not deliver the high quality work needed M M - clear specification of consultancy requirements and outputs will help mitigate this risk - use of results based management, checking that milestones have been achieved before disbursing next payment. DFID has only procured one consultancy under the programme: this annual review. DFID is required to approve ToR for all consultancies procured by institutions but institutions often neglect to do this. This will be taken up at the Steering Committee. Risk 7 Corruption is uncovered in the programme, undermining its credibility and forcing DFID to suspend funding M H - due diligence of NCJF and project partners before disbursing funding - development of clear workplans with measurable results, and payment by results - annual audits with in-depth checks on high risk spend such as procurement and workshops - DFID will authorise any procurement over £100,000 - annual reviews to look at corruption prevalence and risk, and whether managing risk adequately - publish information on support given to each institution, and establish complaints mechanism to facilitate reporting of any abuses. No evidence of corruption in the programme has been found. However due to the high risk, a review of procurement under the programme was carried out this year which identified a number of issues which need clarification. Risk 8 Risk that capacity building initiatives are not effective in improving capacity. For example risk that training is low value or does not lead to improvements in knowledge and skills; that equipment is the wrong specification, is delivered to the wrong location or that people are not trained to use it, etc. H M - close scrutiny and discussion of workplans before approval - keep requests for equipment and study tours to a minimum except where there is a very strong case - suggest other changes to improve effectiveness (e.g. publication of research and studies) - PCO to step up work on monitoring and delivery of workplans - request for DFID to attend a higher number of STACA-sponsored events - use NCA advisor to provide support to institutions in designing activities - increase frequency of field visits Mitigating measures are being implemented, but due to the sheer number of activities it is difficult to monitor them as much as would be ideally desirable. DFID’s main risk mitigation measure is the approval process for workplans. The new review of procurement also provides some deterrent. The NCA adviser may be able to provide some quality assurance, but only if institutions choose to involve him in training events. One specific new measure taken this year to mitigate risk of funds not being used as intended was the introduction of a review of procurement in the six institutions supported under STACA. Procurement officers in each institiution were visited and one procurement per institution was selected for review. Common issues across institutions included weak filing, with important documents often missing, and the fact that often only files for 1-2 procurements were available for review at the time of the visit. The review led to a series of questions which are still with institiutions for response. Outstanding actions from risk assessment There are no further outstanding actions to follow up. F: COMMERCIAL CONSIDERATIONS (½ page) Delivery against planned timeframe Delivery of STACA activities under the Government component (outputs 1 and 2) have been delayed for reasons discussed above. The programme has adjusted spending according to reality and as a means to manage risks. Outputs 3 and 4 have been subject to considerable delays in previous years but this year these components have commenced delivery within the planned timeframes. Performance of partnership (s) Partnerships appear to be functioning reasonably well, with the exception of the partnership with the Judiciary. Some institutions (FIU, NAO, Judiciary) have repeatedly failed to send representatives to technical and steering committee meetings in 2014. The relationship with the PCO has remained cordial over the past year and the previous weekly catch-up meetings have, in practice become considerably less frequent, with ‘surges’ at key times, e.g. work plan review, annual review or prior to technical/steering committee meetings. With the introduction of the delivery plan, DFID has decided to formalise meetings with PCO as fortnightly rather than weekly, but with additional meetings with institutions every quarter. There are concerns about the time taken by the PCO to follow up certain requests made by DFID (e.g. VAT, procurement review, exchequer receipts, outstanding documents); however, it is appreciated that they often have difficulty following up with, and extracting information from, the institutions themselves and DFID does not wish to micro-manage the PCO. The Programme Manager recently instituted the process of taking minutes from DFID-PCO meetings to help ensure understanding of outstanding issues. The Programme Manager has also requested the PCO to share documentation electronically wherever possible, as this has been a weakness in the past, though largely rectified for key documentation earlier this year. The partnership with NCA regarding the financial liaison officer has also been good. There are two issues which need to be managed: (i) financial management – principally regular invoicing of DFID, covered under Section D, ‘Quality of financial management’ and (ii) use of the FLO’s time for NCA business where the link with this programme is weak or unclear, covered under Output 3. Asset monitoring and control The level of assets purchased by the programme varies considerably by institution, from constituting the vast proportion of its budget (Judiciary) to none at all (FIU). The PCO has also spent a significant proportion of its budget on physical assets, most notably its vehicle and refurbishment of its office space. Concerns regarding the Judiciary’s handling and distribution of its assets have been covered elsewhere (and in last year’s review). While DFID has no reason to believe there have been similar problems in any other institution, it has since requested full assets registers from each institution, collection of which will be co-ordinated by the PCO. This will be particularly important as the programme draws to a close, when the head of office will need to agree the programme team’s proposal for asset disposal. The PCO has compiled an asset register relating to its own budget and a copy of this has been received and reviewed and queries sent back regarding some equipment that appears to missing from the list. This will also help with the enhanced financial scrutiny of the PCO’s expenditure against budget planned for this final year. Regarding the Financial Liaison Officer, DFID’s standard MoU template for use with other UK government departments contains no information on handling of assets, so this will be followed up by the Programme Manager for clarification. Assets procured under the Integrity work through the AcT programme will be disposed of under the procedure recently agreed under that programme (generally expected to involve transfer to grantees). G: CONDITIONALITY (½ page) Update on partnership principles (if relevant) There are no conditionalities – Business Case, para. 5.6. H: MONITORING & EVALUATION (½ page) Evidence and evaluation A major paper published by DFID in January 2015, ‘Why corruption matters: understanding causes, effects and how to address them’, attempts to summarise the state of the evidence on anti-corruption programming. This paper does not present new research on anti-corruption but summarises the results of other research. Key points relevant to STACA include: Both current conceptual models of corruption (principal-agent and collective action) may have their uses in explaining corruption in particular contexts. DFID’s emerging view that the collective action model may be more applicable than the principal-agent model for characterising many aspects of corruption in Tanzania informed the redesign of the programme in 2013, especially new aspects such as model police stations and the new proposed approach to external communications. However in practice these initiatives remain the minority of STACA initiatives and these initiatives have not been fully taken on by institutions. Many STACA activities are still based on a principal-agent model of corruption. Research on anti-corruption agencies (ACAs) has mostly tended to argue that these are ineffective. However methodological limitations reduce the credibility of this evidence. Several studies start from the premise that agencies have failed and attempt to discuss why, without defining failure or reviewing evidence on this. More research is needed to establish where ACAs are more and less effective, and how donors can best support . Transparency and accountability initiatives by civil society have had some success, but mainly in terms of intermediate goals (e.g. complaint mechanisms are used, corruption is exposed) and not so much in terms of ultimate outcomes (e.g. reduction of corruption, improvement of services). This tends to reinforce the approach that is being taken in the integrity fund component of STACA that will be implemented through AcT. This work will seek to track through where and how success in terms of intermediate goals is leading to success in terms of ultimate outcomes. An evaluation of STACA was planned but due to changes in the design of STACA and the limited success of some aspects of the programme, it has been decided to focus this piece of work on the components of the programme which appear most promising, with a view towards informing future programme design. It is likely that this work will not be a full evaluation but a high quality review. Terms of Reference are currently being reviewed by headquarters and by the SEQAS facility, with a view towards contracting in May 2015. Overall, it is difficult to say with certainty the effects of the STACA programme at this stage, as the reporting tends to cover implementation of agreed activities and it is hard to tell the impact these have had in practice. The review of STACA mentioned above should contribute to a more detailed understanding of the effects of the programme. One notable issue in the Theory of Change is that while there is some positive progress at outcome level, this is not leading to a reduction in public perceptions of corruption according to impact indicators. This may be partly explained by the time delay in impact indicators. However it may also indicate that overall levels and perceptions of corruption are influenced by many larger factors outside the STACA programme. A range of suggestions for future programming have been suggested throughout the Annual Review in conjunction with the Annual Review issues raised above. These are primarily based on a review of current STACA experiences, and the Reviewer´s expertise in anti-corruption programming. Many of these concern programme data collection, programme structures and management, results framework modalities, as well as how these require a different approach. Monitoring progress throughout the review period All STACA institutions have expressed great benefits of the STACA programme. Feedback from ultimate intended beneficiaries – Tanzanian citizens – was sought in the Annual Review through meetings with religious leaders and civil society groups in Mtwara and Lindi regions, and a meeting with civil society organisations in Dar es Salaam. Views expressed differed widely, with some reporting that the situation on corruption had worsened (Lindi) and others reporting it had improved (Mtwara). The subjective view of the reviewers was that this was likely to have been related to the set-up of the meetings rather than indicating any more definite trends in the regions concerned. Where meetings were held in the presence of many police officers, those consulted said that the situation had improved. Where meetings were held without police, views tended to be more critical. The Annual Review was carried out in January-March 2015 by Fredrik Eriksson (Independent Consultant), Justin Williams (DFID Tanzania), and Joseph Payne (DFID Tanzania), working with Henry Martin, Gethseman Mkumbo, and Oscar Hossea (STACA-PCO). The review team carried out a desk review of key documents including: • Business Case; • Logical Framework; • Strategic Plan; • Progress Reports; • Individual Institutional Workplans; • Procurement Report; • Institutional Audit Reports. The team carried out semi-structured interviews with Heads of Agencies (Steering Committee Members) and working-level staff directly involved in implementation (Technical Committee Members/ Focal Points) at all six implementing institutions. The team also visited Mtwara and Lindi regions (including a visit to Nachingwea district). This visit allowed the team to: • Meet representatives of the six institutions at regional/district level, as well as key nongovernment actors; • Monitor delivery of STACA activities (including goods and services), and review overall impact of STACA at regional/district level; • Understand progress and challenges in the fight against corruption at regional/district level; • Understand reasons for success or difficulties faced by anti-corruption initiatives at regional/district level. Smart Guide The Annual Review is part of a continuous process of review and improvement throughout the programme cycle. At each formal review, the performance and ongoing relevance of the programme are assessed with decisions taken by the spending team as to whether the programme should continue, be reset or stopped. The Annual Review includes specific, time-bound recommendations for action, consistent with the key findings. These actions – which in the case of poor performance will include improvement measures – are elaborated in further detail in delivery plans. Teams should refer to the Smart Rules quality standards for annual reviews. The Annual Review assesses and rates outputs using the following rating scale. ARIES and the separate programme scoring calculation sheet will calculate the overall output score taking account of the weightings and individual outputs scores Description Outputs substantially exceeded expectation Outputs moderately exceeded expectation Outputs met expectation Outputs moderately did not meet expectation Outputs substantially did not meet expectation Scale A++ A+ A B C Teams should refer to the considerations below as a guide to completing the annual review template. Summary Sheet Complete the summary sheet with highlights of progress, lessons learnt and action on previous recommendations Introduction and Context Briefly outline the programme, expected results and contribution to the overall Operational Plan and DFID’s international development objectives (including corporate results targets). Where the context supporting the intervention has changed from that outlined in the original programme documents explain what this will mean for UK support B: Performance and conclusions Annual Outcome Assessment Brief assessment of whether we expect to achieve the outcome by the end of the programme Overall Output Score and Description Progress against the milestones and results achieved that were expected as at the time of this review. Key lessons Any key lessons you and your partners have learned from this programme Have assumptions changed since design? Would you do differently if re-designing this programme? How will you and your partners share the lessons learned more widely in your team, across DFID and externally Key actions Any further information on actions (not covered in Summary Sheet) including timelines for completion and team member responsible Has the logframe been updated since the last review? What/if any are the key changes and what does this mean for the programme? C: Detailed Output Scoring Output Set out the Output, Output Score Score Smart Guide i Enter a rating using the rating scale A++ to C. Impact Weighting (%) Enter the %age number which cannot be less than 10%. The figure here should match the Impact Weight currently shown on the logframe (and which will need to be entered on ARIES as part of loading the Annual Review for approval). Revised since last Annual Review (Y/N). Risk Rating Risk Rating: Low/Medium/High Enter Low, Medium or High The Risk Rating here should match the Risk currently shown on the logframe (and which will need to be entered on ARIES as part of loading the Annual Review for approval). Where the Risk for this Output been revised since the last review (or since inception, if this is the first review) or if the review identifies that it needs revision explain why, referring to section B Risk Assessmen Key points Summary of response to iprogrammessues raised in previous annual reviews (where relevant) Recommendations Repeat above for each Output. D Value for Money and Financial Performance Key cost drivers and performance Consider the specific costs and cost drivers identified in the Business Case Have there been changes from those identified in previous reviews or at programme approval. If so, why? VfM performance compared to the original VfM proposition in the business case? Performance against vfm measures and any trigger points that were identified to track through the programme Assessment of whether the programme continues to represent value for money? Overall view on whether the programme is good value for money. If not, why, and what actions need to be taken? Quality of Financial Management Consider our best estimate of future costs against the current approved budget and forecasting profile Have narrative and financial reporting requirements been adhered to. Include details of last report Have auditing requirements been met. Include details of last report E Risk Output Risk Rating: L/M/H Enter Low, Medium or High, taken from the overall Output risk score calculated in ARIES Overview of Programme Risk What are the changes to the overall risk environment/ context and why? Review the key risks that affect the successful delivery of the expected results. Are there any different or new mitigating actions that will be required to address these risks and whether the existing mitigating actions are directly addressing the identifiable risks? Any additional checks and controls are required to ensure that UK funds are not lost, for example to fraud or corruption. Outstanding actions from risk assessment Describe outstanding actions from Due Diligence/ Fiduciary Risk Assessment/ Programme risk matrix Describe follow up actions from departmental anti-corruption strategies to which Business Case assumptions and risk tolerances stand F: Commercial Considerations Delivery against planned timeframe. Y/N Compare actual progress against the approved timescales in the Business Case. If timescales are off track provide an explanation including what this means for the cost of the programme and any remedial action. Performance of partnership How well are formal partnerships/ contracts working Are we learning and applying lessons from partner experience How could DFID be a more effective partner Smart Guide ii Asset monitoring and control Level of confidence in the management of programme assets, including information any monitoring or spot checks G: Conditionality Update on Partnership Principles and specific conditions. For programmes for where it has been decided (when the programme was approved or at the last Annual Review) to use the PPs for management and monitoring, provide details on: a. Were there any concerns about the four Partnership Principles over the past year, including on human rights? b. If yes, what were they? c. Did you notify the government of our concerns? d. If Yes, what was the government response? Did it take remedial actions? If yes, explain how. e. If No, was disbursement suspended during the review period? Date suspended (dd/mm/yyyy) f. What were the consequences? For all programmes, you should make a judgement on what role, if any, the Partnership Principles should play in the management and monitoring of the programme going forward. This applies even if when the BC was approved for this programme the PPs were not intended to play a role. Your decision may depend on the extent to which the delivery mechanism used by the programme works with the partner government and uses their systems. H: Monitoring and Evaluation Evidence and evaluation Changes in evidence and implications for the programme Where an evaluation is planned what progress has been made How is the Theory of Change and the assumptions used in the programme design working out in practice in this programme? Are modifications to the programme design required? Is there any new evidence available which challenges the programme design or rationale? How does the evidence from the implementation of this programme contribute to the wider evidence base? How is evidence disaggregated by sex and age, and by other variables? Where an evaluation is planned set out what progress has been made. Monitoring process throughout the review period. Direct feedback you have had from stakeholders, including beneficiaries Monitoring activities throughout review period (field visits, reviews, engagement etc) The Annual Review process Smart Guide iii