Independent Final Evaluation Law-Growth Nexus Phase II

2.1 ENABLING ENVIRONMENT

2.1.3 Supportive legal frameworks development, adoption and implementation

Recommendation: 7.  When developing legal frameworks related to the IE, take potential implementation and enforcement challenges in the context into account. Design approaches to facilitate implementation and address enforcement challenges. (Projects can contribute to this process)  (1.3.2/3) Provide support for theenforcement of legal frameworks in project countries including:

- Steps to reduce corruption

- Strengthening government coordination

- Strengthening capacities of enforcement agencies/staff

- Streamlining government bureaucracy

- Strengthening the quality of regulations

- Increasing public – private dialogue.

REFERENCE: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: The evaluation found that there is a need to pay special attention to the challenges in the context in which a sector is operating as these also influence whether labour laws can be fully implemented and enforced. 

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2.1.5. Key elements in policy frameworks identification

Recommendation: 3. Ensure that project intervention logic and indicators for support to policy/legal frameworks on the IE are clear and not too open-ended. Do not, however, make indicators that measure actual government adoption of the legal/policy frameworks as projects are generally too short to allow for bureaucracies to move in tandem with project implementation periods and formalise them. Rather, include indicators that measure effective advocacy and progress towards adoption.

REFERENCE: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: The evaluation noted that it is rare for to see a law initiated with the support of a project actually adopted during the same project implementation period. Projects are generally too short to allow for bureaucracies to move in tandem with project implementation periods and formalise the laws.

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2.1.7 Institution and capacity strengthening on IE

Recommendation: 18. Include labour inspectors, labour officers and law enforcement officials in training and as actors on awareness raising of decent work conditions for people dependent on the IE.

REFERENCE: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: The evaluation recommended of a strong focus on inclusion of labour inspectors, labour officers and law enforcement officials in training and as actors on awareness raising of decent work conditions.

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2.1.7 Institution and capacity strengthening on IE

Recommendation: 19. Use experienced stakeholders from previous projects related to the IE to disseminate and replicate/scale up activities to new areas as opposed to implementing them only through provision of tools, guidelines, and training workshops at central level.

REFERENCE: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: The evaluation found that it is useful to use existing project stakeholder entities to disseminate actions in various parts of the country. Replication is facilitated when individuals who were involved in pilot models are directly involved in replication in whole or in part.

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2.1.8 Organising informal economy groups

Recommendation: 4. Integrate and study the results of cooperative approaches in small enterprise development. Organising cooperatives as an alternative to small enterprise associations may be useful in the context of formalising the informal economy. The extent to which this is beneficial needs further analysis.

REFERENCE: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: The evaluation noted the inclusion of cooperatives of formerly informal economy transport providers but the extent to which this approach is beneficial to operators and workers was still not fully evident.

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2.1.11 Coordination and sustainability planning

11. Include focus in project design on dissemination of results and use existing project stakeholder entities to channel actions in various parts of the country.

References: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: use existing project stakeholder entities to channel actions in various parts of the country

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2.1.11 Coordination and sustainability planning

19. Include the development of very good communications and training materials with a wide range of stakeholders (including enabling environment) that stakeholders have well accepted for sustainability in project design. Special focus should be placed on the inclusion of IE workers in awareness raising and training for sustainability including replication and scaling up. Consider using trained workers as peer educators after project completion.

References: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: the evaluation noted the importance of the development of very good communications and training materials that are well accepted by stakeholders for sustainability. Special focus on the inclusion of workers in awareness raising and training in Kenya is likewise important for sustainability. Workers can act as peer educators assisting in replicating and scaling up awareness.

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2.3 DIRECT ACTIONS

2.3.1 Social Behaviour Change Communications (SBCC)

Recommendation: 1. Develop a business case for the usefulness of the implementation of labour laws in IE activities. A business case for IE operators would indicate that it can be useful to their business to implement labour laws with their workers.

Reference: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: Development of an effective business case for implementation of labour laws in the project sectors.

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2.3 DIRECT ACTIONS

2.3.1 Social Behaviour Change Communications (SBCC)

Recommendation: 2. Place high focus and invest in the development of high quality, well-accepted communications and training materials to raise awareness of the importance of implementing labour laws.

Reference: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: The evaluation determined that it is highly important to place strong focus and invest in the development of very good communications and training materials that are well accepted by stakeholders.

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2.3 DIRECT ACTIONS

2.3.1 Social Behaviour Change Communications (SBCC)

Recommendation: 4. Include IE workers in awareness raising on improving their labour conditions as this will help contribute to bringing about change. This includes for IE workers who are employed on a daily, part-time or occasional basis such as informal construction workers.

Reference: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: Special focus on the inclusion of workers in awareness raising and training in Kenya.

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2.3 DIRECT ACTIONS

2.3.1 Social Behaviour Change Communications (SBCC)

Recommendation: 6. During project design, baseline analysis and implementation be aware that IE workers (who work for IE operators) may be hesitant to participate in labour law compliance. Determine as much as possible in advance what, if any reticence may exist, why it exists and how this could be addressed to increase their access to decent work conditions.

Reference: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: At the time of the evaluation, attitude change could be discerned but behaviour change in terms of actual compliance with labour laws such as through the provision of labour contracts was still lagging. The main reasons for the slow uptake of labour contracts include the diversity of challenges that affect the sectors in both countries. In Kenya an unexpected finding explained part of the reason for the still limited labour contracts, i.e. workers in the matatu sector themselves were very hesitant to accept them. Workers tend to prefer the flexibility to move between employers as they wish and believe that they can earn more money daily under the existing systems than if they were given a monthly salary. Zambian contractors did indicate that they thought that their workers generally like to have contracts.

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2.4 APPROACHES TO ENHANCE LIVELIHOODS, EQUITY AND INCLUSION

2.4.1 Social dialogue and IE

Recommendation: 1) Promote and facilitate social dialogue between a range of stakeholders as this contributes to appropriate content, capacity strengthening through knowledge sharing, speedier decision-making and ownership.   Dialogue may include rural/or community members, local/regional/national government, civil society and academia representatives, workers and employers organisations.

Reference: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: the evaluation determined that committees played an important role in monitoring as they were included in reviews of the strategy road map and the actual documents produced.

In Kenya the project was lauded for the development and implementation of exceptionally good participative processes involving a wide range of stakeholders.

Involvement and co-opting of very high level officials from both the Ministry of Labour as well as Employer and Worker organizations in Kenya resulted in achievement of buy-in at the very top levels of the tripartite. This facilitated speedy decision making on key project interventions in Kenya since officials could make binding decisions on behalf of their constituency.

There were good participative approaches that have led to real ownership among the stakeholders.

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2.4 APPROACHES TO ENHANCE LIVELIHOODS, EQUITY AND INCLUSION

2.4.1 Social dialogue and IE

Recommendation: 7) Include local stakeholders in the design and validation of projects/actions through social dialogue from the earliest stage. Determining if and when financial compensation for attending meetings is provided needs careful reflection. Wherever possible, compensation should be minimised to ensure local ownership.

Reference: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: in Zambia the responses from evaluation interviewees were mixed. This was mostly because some key stakeholders felt that they were only sufficiently associated half-way through the project because expected financial compensation for participation in the technical committee was not realised. Determining if and when financial compensation for attending meetings is provided needs careful reflection. It is necessary to ensure early direct input from entrepreneur and workers’ associations in the relevant sectors.

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2.4 APPROACHES TO ENHANCE LIVELIHOODS, EQUITY AND INCLUSION

2.4.3. Social protection

Recommendation: 4) Emphasise the dissemination of information to people dependent on the IE on social protection resources that may be available to them. Where associations of workers dependent on the informal economy cannot provide access to social protection themselves, provide support establishing linkages of IE operators and workers with social protection service through exchanges and meetings. Such events can help foster information sharing on good practices and lessons learned.

Reference: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: the evaluation noted that the Kenyan training materials describes key agencies involved in various social protection issues and their roles so that they can be contacted for any further information should the need arise.

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2.4 APPROACHES TO ENHANCE LIVELIHOODS, EQUITY AND INCLUSION

2.4.5. Strengthening IE with attention to gender issues

Recommendation: 5) In projects with people dependent on the IE, include a specific component on gender mainstreaming and ensure that it is well articulated in the project design. Ensure that this includes development of training and policies that take the different needs of female and male operators/workers into account.

Reference: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: the evaluation determined that there were some challenges in the logical framework did exist, including the lack of an indicator on gender issues. As several stakeholders stated such an indicator would were useful to ensure increased focus on gender issues.

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2.4 APPROACHES TO ENHANCE LIVELIHOODS, EQUITY AND INCLUSION

2.4.5. Strengthening IE with attention to gender issues

Recommendation: 7) Encourage cross linkages between projects on the IE to other development programmes such on HIV, youth employment, gender-based violence and women’s empowerment.

Reference: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: more holistic approaches could include strengthening advocacy skills and including linkages to other programs such as those on HIV, youth employment, gender-based violence and women’s empowerment.

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2.4 APPROACHES TO ENHANCE LIVELIHOODS, EQUITY AND INCLUSION

2.4.5. Strengthening IE with attention to gender issues

Recommendation: 12) Ensure that gender in IE projects is adequately considered and not limited to points such as trying to have gender balance in groups or inclusion or some attention to gender issues in training without considering gender equality and equity causes sufficiently.

Reference: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: the evaluation determined that the project did not focus a great deal on addressing gender issues. This was insufficient and limited to just two main approaches. Attention was paid to ensure that the composition of the committees were as balanced as possible with both women and men. There were some discussions about gender issues in training workshops, particularly as they relate to labour laws, but there was no major focus on gender equality.

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2.4 APPROACHES TO ENHANCE LIVELIHOODS, EQUITY AND INCLUSION

2.4.5. Strengthening IE with attention to gender issues

Recommendation: 13) Consider seriously in planning how men will be included in projects focusing on women’s empowerment. Ensure that women in such projects are the primary beneficiaries of services while men can be included in awareness raising aspects. (Note that in some projects men are also beneficiaries in women’s empowerment projects). When projects work with particular sectors, ensure that not only sectors that are male dominated are selected.

Reference: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: the evaluation determined that, while the project design did consider the gender dimension as per ILO guidelines, the selection of two sectors which are largely male dominated, did not provide a strong platform for attention to gender issues.

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2.4 APPROACHES TO ENHANCE LIVELIHOODS, EQUITY AND INCLUSION

2.4.5. Strengthening IE with attention to gender issues

Recommendation: 19) Be aware that the actual gender issues that may be identified in a IE project may not always be the most immediately obvious ones.

Reference: Zegers, Mei, 2014, Independent Final Evaluation Law-Growth Nexus Phase II: Labour Law and the Enabling Business Environment  for MSMEs in Kenya and Zambia, Final evaluation, ILO, Geneva.

Evidence sample: Gender issues in a project may not always be the most immediately obvious ones.