integrity pact implementation
The Memorandum of Understanding
1.2 Implementation requirements
Memorandums of Understanding (MoU) can include the following:
The following should be considered when implementing IPs:
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The activities to be undertaken by the NGO and the authority, their rights and duties, among them the possibility for the NGO to withdraw from the process under specific circumstances (see page 81)
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The procedure to be used for the selection of the monitor (see page 75)
Resources: The activities related to IP implementation require time, human and financial resources. The exact amounts vary depending on the actual monitoring system, the coverage and the activities foreseen. The IP plan should consider the necessary investment and funding sources accordingly. (See page 33: How much do IPs cost? How can they be financed in developing countries?)
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The commitment by the authority to disclose all necessary information, granting the NGO and the monitor (depending on the implementation arrangement) timely access to all such information; and the duty of the NGO to maintain confidentiality over legally protected information
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The processes and procedures to follow if corruption occurs or has been detected
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The extent of the collaboration: whether it includes all contracting processes of the authority or only a few; whether it includes support and collaboration in other activities, such as facilitating public hearings, etc.
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The fees and payment method, should this be the case.
Annex 6 gives examples of existing MoUs that illustrate different arrangements and their contents.
Capacity: The activities involved in an IP process require time and knowledge. In making the implementation arrangements, it is vital to establish whether the authority and the NGO have sufficient knowledge, technical expertise and human resources. Is it possible for them to attend to the workload? What needs to be outsourced? Are there enough financial resources for this? Leadership: Implementing an IP successfully requires vision, persuading and motivating others, and possibly making difficult decisions. It is important that those involved in implementation not only have the technical expertise, but also the capacity to mobilise others to come on board, and the determination to bring the process to completion. Commitment and credibility: These are closely linked. A real or perceived lack of commitment will affect the credibility of the process and the impact of the IP. Credibility is also associated with capacity and the extent to which those involved in IP implementation can perform their duties neutrally, in the absence of conflicts of interest. These factors also need to be assessed with regard to how the implementing arrangement splits functions between the authority and the NGO; for example, if the NGO will be the main accountability channel for the monitor, its neutrality and own accountability must be certain. Convening different audiences: An IP must involve a multi-stakeholder effort between government, the private sector and civil society. It is therefore expected that those involved in its implementation have the capacity to convene and interact with different audiences.
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Transparency International