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Issuance Date: August 27, 2020

Deadline for Questions: September 8, 2020 by 12:00 NN Manila Local Time


Application Closing Date and Time: October 12, 2020 by 12:00 NN Manila Local Time

Subject: NOTICE OF FUNDING OPPORTUNITY (NOFO) NUMBER


72049220RFA00002

Program Title: Promoting Just, Engaged, Civic-minded and Transparent


Governance in the Pacific (PROJECT Governance)

Catalog of Federal Domestic Assistance (CFDA) Number: 98.001

The United States Agency for International Development (USAID) is seeking applications for a
Cooperative Agreement from qualified U.S. and Non-U.S. non-profit or for-profit Non-
Governmental Organizations (NGOs), and other qualified non-U.S. organizations to implement a
project entitled “PROJECT Governance.” Eligibility for this award is not restricted.

To be eligible for award, the applicant must provide all information as required in this NOFO
and meet the eligibility standards in Section C of this NOFO. This funding opportunity is posted
at www.grants.gov, and may be amended. Potential applicants should regularly check the
website to ensure they have the latest information pertaining to this notice of funding
opportunity. Applicants will need to have available or download Adobe programs to their
computers in order to view and save the Adobe forms properly. It is the responsibility of the
applicant to ensure that the entire NOFO has been received from the internet in its entirety and
USAID bears no responsibility for data errors resulting from transmission or conversion process.
If you have difficulty registering on www.grants.gov or accessing the NOFO, please contact the
Grants.gov Helpdesk at 1-800-518-4726 or via email at support@grants.gov for technical
assistance.

USAID intends to make an award to the applicant who best meets the objectives of this funding
opportunity based on the merit review criteria described in this NOFO subject to a risk
assessment. Eligible parties interested in submitting an application are encouraged to read this
NOFO thoroughly and from beginning to end to understand the type of program sought,
application submission requirements and selection process. The result of this NOFO is expected
to be one (1) award, although USAID reserves the right to fund any or none of the applications
submitted.

USAID will not award to an applicant unless the applicant has complied with all applicable
unique identifier and System for Award Management (SAM) requirements detailed below. The

U.S. Agency for International Development


Annex 2 Building
U.S. Embassy Tel: (632) 301-6000
1201 Roxas Boulevard Fax (632) 301-6213
1000 Ermita, Manilla, Philippines http://philippines.usaid.gov
NOFO No. 72049220RFA00002
Project Governance Activity

registration process may take many weeks to complete; therefore, Applicants are encouraged to
begin registration early in the process.

Any questions concerning this NOFO should be submitted in writing to the point(s) of contact
identified in Section D.1. The deadline for questions is shown above. Responses to the questions
received by the cut-off date and time will be made available to all applicants through an
amendment to this NOFO which will be posted in www.grants.gov.

Issuance of this NOFO does not constitute an award commitment on the part of the Government
nor does it commit the Government to pay for any costs incurred in the preparation and
submission of an application. Applications are submitted at the risk of the applicant. All
preparation and submission costs are at the applicant’s expense.

Thank you for your interest in USAID programs.

Sincerely,
Digitally signed by
Ethan Ethan Takahashi
Takahashi Date: 2020.08.27
17:43:09 +08'00'

Ethan Takahashi
Agreement Officer
Regional Office of Acquisition and Assistance

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TABLE OF CONTENTS

SECTION A – PROGRAM DESCRIPTION 4

SECTION B – FEDERAL AWARD INFORMATION 17

SECTION C – ELIGIBILITY INFORMATION 20

SECTION D – APPLICATION AND SUBMISSION INFORMATION 23

SECTION E – APPLICATION REVIEW INFORMATION 35

SECTION F – FEDERAL AWARD ADMINISTRATION INFORMATION 38

SECTION G – FEDERAL AWARDING AGENCY CONTACT(S) 48

SECTION H – OTHER INFORMATION 49

ANNEXES 51

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SECTION A – PROGRAM DESCRIPTION

A.1 AUTHORITY

This funding opportunity is authorized under the Foreign Assistance Act (FAA) of 1961, as
amended. The resulting award will be subject to 2 CFR 200 – Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, and USAID’s
supplement, 2 CFR 700, as well as the additional requirements found in Section F.

A.1.a Title

The activity is titled Promoting Just, Engaged, Civic-minded and Transparent Governance in the
Pacific (PROJECT Governance)

A.1.b Summary

The Promoting Just, Engaged, Civic-minded and Transparent Governance in the Pacific
(PROJECT Governance) activity is a flexible and adaptive implementing mechanism that will
strengthen the practice of sound, just, and responsive governance in the region. PROJECT
Governance directly contributes to Intermediate Result 3.1 Strengthened Democratic Institutions
of Development Objective 3 Advanced Democratic Governance of the USAID Results
Framework for the Pacific. This activity is also aligned with and contributes to the United States
Government’s Indo-Pacific Vision. 1 Good governance is a core pillar of the U.S. vision for a
free and open Indo-Pacific, including a commitment to work with Indo-Pacific nations to
promote sound, just, and responsive governance.

PROJECT Governance is anchored by the commitments made by the Pacific Island Forum
leaders in the 2000 Biketawa Declaration, 2 and reaffirmed in the 2018 Boe Declaration, to good
governance, belief in the liberty of the individual under the law, upholding democratic processes
and institutions, and recognizing the vulnerability of member countries to threats to their
security. It is based on the premise that collective actions and vitalized partnerships between
governments and citizens will advance democratic governance in the Pacific and build resilience
to malign foreign influence that threatens the nations’ sovereignty. These include promoting the
widespread acceptance of just, transparent, accountable, participatory, and responsive
governance practices and developing the capacity of governance institutions on both the demand
and supply sides to sustainably implement best practices throughout the region. Activities will
aim to improve the functioning of government institutions and civil society organizations and
media, promote transparency and accountability, systematize opportunities for representation
and inclusion of citizen interests in political and decision-making processes, uphold the rule of
law, strengthen democratic institutions, and protect rights and civil liberties, especially of
women and other marginalized sectors.

1 https://www.state.gov/wp-content/uploads/2019/11/Free-and-Open-Indo-Pacific-4Nov2019.pdf
2 https://www.ramsi.org/wp-content/uploads/2014/07/Biketawa-Declaration.pdf

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This five-year activity is anticipated to begin on or about January 2021 and has a total estimated
cost of $20 million. USAID envisions a well-justified combination of individual country
programs and broader regional interventions based on the problem set described in this Program
Description as well as other empirical evidence of democracy, human rights, and governance
challenges and opportunities that may be introduced by the applicants. Applicants will be
expected to work with leading Pacific regional organizations engaged in work on governance,
including the Pacific Community (SPC) Regional Resource Rights Team and the Pacific Islands
Forum Secretariat (PIFS). Applications will also need to carefully consider existing
programming of USAID and other like-minded international donors in the region, including
relevant U.N. agencies, to boost complementation and avoid duplication and, where appropriate,
help reinforce existing national and regional programs.

A.2 BACKGROUND

The United States is a Pacific nation and has a deep and longstanding commitment to the future
security, prosperity, and well-being of the people in the Pacific. 3 The Trump Administration has
emphasized the importance of the Pacific Islands as a key part of the Indo-Pacific region, 4 and
through the Asia Reassurance Initiative Act (ARIA) of 2018, the U.S. Congress has likewise
recognized the need for the United States to deepen cooperation with the Pacific Islands in areas
of mutual interest. 5

For the purpose of this activity, the “Pacific Islands” and “Pacific Island Countries” (PICs)
consist of the 12 sovereign nations of Federated States of Micronesia (FSM), Fiji, Kiribati,
Nauru, Palau, Papua New Guinea (PNG), Republic of the Marshall Islands (RMI), Solomon
Islands, Tonga, Tuvalu, Samoa, and Vanuatu. These PICs are spread across the three sub-regions
of Micronesia (North Pacific), Melanesia (Southwest Pacific), and Polynesia (Central and South
Pacific).

PICs cover a vast area of the Pacific Ocean which is critical to global stability and vital to the
global economy. The area hosts a significant proportion of the world’s shipping and fisheries,
which support the livelihoods of the entire region. The Pacific Ocean is so central to the
economies and societies of the PICs that they together identify as the “Blue Pacific.” Positioning
PICs as large ocean states and custodians of the Pacific Ocean, the Blue Pacific identity drives
collective action and leadership to advance a shared vision for the region. This vision seeks a
region of peace, harmony, security, social inclusion, and prosperity, so that all Pacific people
can lead free, healthy, and productive lives. 6

While the PICs recognize the Pacific Ocean as their most valuable resource, it is also the source
of their extreme geographic isolation, which has shaped their unique development context. The
PICs’ landmass is limited—excluding PNG, the other 11 countries make up 126,000 square
kilometers, less than half of New Zealand’s land area, and they are extremely isolated across an

3 https://www.doi.gov/oia/interior-secretary-bernhardt-and-us-delegation-conclude-trip-pacific-islands-forum-

partners
4 https://www.state.gov/pacific-islands-forum-u-s-engagement-in-the-pacific-islands/
5 https://www.congress.gov/bill/115th-congress/senate-bill/2736/text
6 https://www.forumsec.org/pacific-regionalism/

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expanse the size of Africa. Despite occupying an enormous swath of the globe when factoring in
their exclusive economic zones (EEZs), PICs are sparsely populated. The combined population
of all countries is approximately 10 million people, 8 million of which are in PNG alone.

These attributes mean the Pacific must be understood in terms of the hyperlocal context. Despite
their stark cultural diversity between communities, let alone country to country, these attributes
drive common characteristics as well. With close-knit family and tribal connections the key to
many Pacific Islanders’ prosperity, traditional leadership roles can be more important than
political and distant national identities. The control of scarce land and natural resources is often
at the family unit or community level making land tenure and property rights a cultural matter
before a legal one. The isolation and both concentration of authority and dilution of
responsibility create gaps that can be exploited by larger and better organized entities.

The geography and remoteness of the PICs make them difficult to access and operate in, thereby
significantly limiting economic opportunities. The distance and scarcity of resources in the
Pacific means that physically moving goods and services required for commerce, including
human resources, has relatively higher costs. Limited land mass to capture and store fresh water
also restricts quality of land for farming, production, and safe housing. Building materials such
as timber and aggregates are limited, and often not sustainably sourced due to population
growth, urbanization, and disasters. Other natural resources including biodiversity and fisheries
are over-exploited because of the extensive area between responsible monitoring and enforcing
authorities.

The unique development context of the PICs places them on the front lines of a variety of
worldwide challenges, the most important of which is climate change. PICs articulated in the
Boe Declaration that climate change is the single greatest threat to their security. 7 In August
2019, PICs reaffirmed that climate and disaster resilience is their top priority to securing the
future of the Blue Pacific. PICs identified the following additional cornerstone priorities:
protection of the Pacific Ocean’s health and integrity; sustainable management of island and
ocean resources; connecting the oceanic continent, through air, sea and information and
communications technology (ICT); and ensuring healthy people. PICs also highlighted the
importance of continuing to promote inclusivity and equality, particularly the role of women,
ensuring increased representation at all levels. 8

A.3 STATEMENT OF THE PROBLEM AND COUNTRY PROFILES

Pacific Island countries generally are young democracies, with strong tribal and paternalist
politics, weak rule of law, and nascent civil society. Each country has unique challenges, but
common themes can be seen within these democracies, including low representation of women,
youth, and persons with disabilities in decision-making processes and challenges related to
political instability and financial and human capacity. These issues lead to weaker government
transparency and accountability mechanisms, as well as the weakening of civil society
organizations, free media and political parties.

7 https://www.forumsec.org/boe-declaration-on-regional-security/
8 https://www.forumsec.org/wp-content/uploads/2019/08/50th-Pacific-Islands-Forum-Communique.pdf

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This backdrop of new and sometimes struggling democracies is overlaid by assertive


developmental moves by the People’s Republic of China (PRC) to assert its influence in this
region of strategic geo-political importance. Using the Belt and Road Initiative as an incentive,
Beijing has enticed many of the countries in the region to accept sizeable loans for infrastructure
that are frequently shrouded in opacity, characterized by a lack of consultations, and
accompanied by onerous conditions spurring fears of Beijing’s so called “debt trap diplomacy.”

Beijing’s policy to not engage with states that recognize Taiwan has caused political fissures in
many countries of the Pacific; diplomatic recognition of the PRC versus Taiwan has become an
election issue in the region. In September 2019, Beijing scored a significant propaganda victory
when the Solomon Islands and Kiribati severed diplomatic recognition of Taiwan in favor of the
PRC.

The COVID-19 pandemic has added a further layer of complexity to the state of democracy,
human rights, and governance in the Pacific. In many countries affected by the pandemic,
including the PICs, we are seeing increased pressure on democratic systems with governments
responding differently to enforce measures to address health issues and contain the spread of the
virus. There is the potential that the pandemic will be used as an excuse to set aside rights and
civil liberties. We are seeing a disproportionate impact on the most vulnerable and marginalized
populations such as women, the elderly, people with disabilities, and minorities. The COVID-19
crisis has also unleashed an outpouring of rumors and misinformation including dangerous
myths about how the virus behaves, prevention and treatment protocols.

USAID commissioned a desktop assessment of the state of democracy, human rights, and
governance (DRG) in the Pacific Islands in March 2020 to lay the groundwork for this activity
and inform programming in the DRG sector by identifying critical gaps that need to be
addressed, as well as opportunities that the implementing partner can build upon to sustain and
maximize the benefits of reform. Best practices of certain countries may be used as the basis for
peer-to-peer learning. In addition to the assessment, applicants are encouraged to utilize other
sources of information and key informants to formulate a strategic combination of individual
country programs and broader regional interventions. A summary of the key findings of the
assessment report titled “Democracy, Human Rights, and Governance in 12 Pacific Islands
Countries” is attached in Annex 3.

A.4 THEORY OF CHANGE

Governance refers to the exercise of economic, political, and administrative authority to manage
a country’s affairs at all levels. It involves the process and capacity to formulate, implement, and
enforce public policies and deliver services. Democratic governance takes place within the
context of a democratic political system, is representative of the will and interests of the people,
and is infused with the principles of participation, inclusion, and accountability. 9

9https://www.usaid.gov/sites/default/files/documents/1866/Master_SAF_FINAL%20Fully%20Edited%209-28-
15.pdf

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USAID’s theory of change is that democratic governance in the Pacific can be advanced if: a)
the system of governance enhances the integrity of government transactions (sound governance);
b) the system of governance promotes the fair and equal application of laws and the practice of
electoral and political processes that represent the will and interests of the people (just
governance); and c) the system of governance provides institutions, policies and services that are
accessible, accountable, and responsive to all segments of the population (responsive
governance).

Sound, just, and responsive governance practices will help strengthen democratic governance in
the PICs. Government institutions that are more transparent, participatory and accountable to
their constituents will enhance their legitimacy and effectiveness. Citizens who have more
awareness of and input into government decisions will be more empowered and have greater
confidence in their government and the democratic system. Together these elements will
strengthen resilience against malign foreign influences that threaten the sovereignty of the island
nations in the region.

A.5 OBJECTIVES AND ANTICIPATED RESULTS

In November 2017, President Donald J. Trump laid out America’s vision for a free and open
Indo-Pacific, in which all nations are sovereign, strong, and prosperous. The U.S. Government
defined the region as spanning from the U.S. west coast to India’s west coast, thereby
encompassing the Pacific, East Asia, and South Asia. The U.S. approach to the Indo-Pacific
focuses on three vital areas: economic prosperity, governance, and security. The foundation for
the vision’s governance pillar, the Indo-Pacific Transparency Initiative (IPTI), was announced
by Vice President Mike Pence in November 2018. This whole-of-government initiative
promotes sound, just, and responsive governance.

USAID operationalized IPTI’s vision for sound, just, and responsive governance in the Indo-
Pacific by focusing DRG assistance in partner countries in the following key thematic areas: a)
promoting the integrity of electoral processes; b) supporting the independence of media and
information integrity; c) protecting human rights, including civil and political rights; d) fostering
accountability and transparency, including fighting corruption; e) strengthening the rule of law;
and f) strengthening civil society.

PROJECT Governance embodies the goals of the IPTI and USAID’s operational approach to
promoting a free and open Indo-Pacific. The goal of PROJECT Governance is to strengthen
democratic governance in the Pacific by supporting the sustainable practice of sound, just, and
responsive governance, and in so doing, develop the capacity of governments, civil society,
marginalized groups, the private sector, and citizens writ large to make informed decisions about
their choice of approaches and partners.

Implementing PROJECT Governance will require the effective combination of needs-based


individual country programs and regional approaches in order to maximize reach. It will entail
working with leading Pacific regional organizations engaged on governance issues, including the
Pacific Community (SPC) Regional Resource Rights Team and the Pacific Islands Forum
Secretariat (PIFS). These Pacific regional organizations have a mandate to strengthen good

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governance, democracy, and human rights in their member states. It will also necessitate
partnerships with local civil society organizations and the strengthening of the institutions of
governance and management at the national, and where applicable, local levels. It will require
close coordination with existing USAID programs in the region to ensure complementation and
avoid duplication. Finally, it will require that this activity does not overlap with activities funded
by other like-minded donors in the Pacific.

PROJECT Governance will seek to achieve the following interrelated and mutually reinforcing
objectives:

Objective 1: Strengthen Sound Governance

In the context of the Pacific, sound governance entails countering corruption by increasing
transparency and accountability, promoting responsible and sustainable financial practices, and
strengthening the role of watchdog organizations that demand accountability from government.
The growing presence and influence of undemocratic forces expose the island countries to non-
transparent and unaccountable commercial activities which undermine local markets and hamper
legitimate investment. USAID’s IPTI programs 10 aim to enhance public accountability in
government finances and budgets, increase public sector transparency and access to information,
bolster anti-corruption and enforcement measures, and strengthen investment and project
safeguards.

To strengthen sound governance, this activity seeks programmatic approaches and interventions
that use engagement and capacitation strategies and interventions involving both government
institutions (supply), at the regional, national and/or sub-national levels as appropriate, and civil
society (demand) that will lead to one or more of the following outcomes:

• Public sector accountability and transparency which enables the availability of


information needed to measure the authorities' performance and to guard against any
possible misuse of powers is increased;
• Access to information which guarantees an open society in which citizens have access to
information about the work done by government is expanded;
• Anti-corruption measures that reduce opportunities for corruption or make corrupt
practices a high risk, low reward activity are strengthened;
• Responsible borrowing practices characterized by agency, transparency, disclosure and
publication, consultations, rigorous analysis, and adequate management and monitoring
are promoted;
• Honest and open procurement practices that result in the best combination of
performance, qualifications, price and other values of importance but through methods
that promote full and open competition are supported; and
• Public financial management (PFM) that aligns with international best practices in the
mobilization of revenue, and the allocation, spending, and accounting of public funds is
installed.

10https://www.usaid.gov/sites/default/files/documents/1861/USAID_and_the_Indo-
Pacific_Transparency_Initiative_-_Fact_Sheet_June_19_2019.pdf

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On number 6 above, the International Monetary Fund’s Pacific Financial and Technical
Assistance Centre (PFTAC) is the region’s main source of PFM advice and support. It is
important that any PFM work is well aligned with PFTAC’s operations.

Objective 2: Bolster Just Governance

Just governance takes place within the context of a democratic political system that is
representative of the will and interests of the people and where everyone, including the state
itself, is accountable to laws that are passed openly by freely elected representatives, enforced
fairly, and adjudicated independently. The practice of just governance needs to be bolstered to
counter lack of representation and access to justice in the Pacific region that exacerbate
disparities within and among countries, create injustice, increase vulnerability to malign
influences, and threaten the sustainability of development initiatives.

This activity seeks programmatic approaches and interventions that support non-partisan and
sustainable reforms on both the supply and demand side, which will lead to one or more of the
following outcomes:

• The rule of law strengthened through support for national and subnational legislatures
and government institutions to ensure that laws are openly made by democratically
elected representatives;
• Legal and judicial reforms that are consistent with international standards in ensuring
that laws are fairly, equally, and efficiently adjudicated are promoted;
• Elections and political processes, featuring a competitive public arena accessible to all
significant political parties or actors, civil liberties that allow for meaningful public
contestation, universal and equal access to the electoral process, and governed by formal
rules that ensure integrity are strengthened;
• The development of political parties as genuine organizations of people who have the
same ideology, or who otherwise have the same policy positions, and who field
candidates for elections, in an attempt to get them elected and thereby implement their
shared agenda is promoted;
• Inclusive public participation in policy making including through public consultation is
enhanced;
• Fundamental freedoms and human rights, including those of women and other
marginalized groups, are protected; and
• Capacity to investigate and prosecute financial and other crimes is developed.

Objective 3: Enhance Responsive Governance

Responsive governance is present when government institutions and policies are accessible,
accountable, and responsive to their constituents, especially disadvantaged groups, protect their
interests and provide diverse populations with equal opportunities for public services such as
health, justice, education, etc. For a variety of reasons including the low representation of
women, youth, and other marginalized groups in decision-making processes and challenges

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related to political instability and financial and human capacity, the benefits of development are
not necessarily equally shared within countries and communities in the Pacific region.

PROJECT Governance is looking for approaches and interventions that will work with a wide
range of democratic institutions in the region to address unresponsive behavior or inequities and
hold the government accountable if and when these are evident.

This activity seeks programmatic approaches and interventions that facilitate one or more the
following outcomes:

• A strong, active civil society, focused on local organizations that advocate reforms,
participate in policy making, and perform watchdog functions to hold government
accountable, is established;
• Grassroots social accountability initiatives that promote collaboration between
government and the people in the monitoring of policies and services, provision of
feedback and the making of adjustments, if needed, to ensure responsiveness is
strengthened;
• Civic education is bolstered;
• Participation of women and other disadvantaged groups in decision-making is increased;
• People to people exchanges are expanded; and
• Access to credible information through thriving and independent media is increased.

A.6 OTHER INITIATIVES TO SUPPORT GOVERNANCE IN THE PACIFIC

A variety of international donors, including USAID, support various aspects of democratic


governance in the Pacific. Ongoing and very recent activities of USAID and other donor
partners that likely are relevant to this program description from the perspective of developing
complementarity and avoiding duplication include the examples that follow. The applicant
should propose steps or measures to ensure adequate coordination between PROJECT
Governance and the USAID activities below, as well as with like-minded donors including
relevant UN programs.

The Strengthening Democratic Governance in the Pacific Islands (SDGPI), is a four-year (2018-
2022), $9 million activity implemented by the Consortium for Elections and Political Processes
Strengthening (CEPPS). The main objective of SDGPI is to bolster democratic governance in
the Pacific Region by: a) Promoting the integrity of elections as a sustainable vehicle for
peacefully and democratically choosing leaders; b) Harnessing the comparative advantages of
media and innovative awareness programming to promote citizen understanding and
engagement and transparent political competition; c) Promoting meaningful participation of all
citizens in their political systems, including women, youth, and other traditionally marginalized
groups; and d) Facilitating the ability of elected political actors to fulfill their responsibilities to
citizens through better governance practice. Recently, programming of SDGPI was expanded to
increase protections for vulnerable populations in the region affected by the COVID-19
pandemic and containment measures to prevent its spread. Programmatic interventions cover the
following priority areas: a) strengthen partners’ capacity to combat disinformation and hate
speech to minimize anger directed at particular ethnic, religious, or cultural groups; b) protect

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women, who are disproportionately affected through loss of livelihoods and increased gender-
based violence; c) advance the interests of and provide protection to the elderly, people with
disabilities, the disenfranchised and other vulnerable groups, including those with underlying
medical conditions; and d) strengthen civil society organizations to monitor civil liberties, such
as harassment of journalists, overzealous use of emergency powers, or politically motivated
cancellation of elections or parliamentary sessions.

USAID is also in the process of developing three other activities that may have points of
convergence with PROJECT Governance on the issues of governance, public financial
management, and the protection of vulnerable populations. It is incumbent upon the recipient to
ensure that regular coordination with these activities is done during implementation. In addition
to the activities above, USAID has significant programming in the areas of health, environment
and disaster risk reduction. The website of USAID 11 provides information on current activities in
the Pacific region.

Australia and New Zealand are the largest bilateral grant donors to the Pacific aside from the
United States. The Department of Foreign Affairs and Trade of Australia implements a
complementary mix of regional and bilateral programs to promote a stable, secure and
prosperous Pacific, 12 including support for democratic institutions and good governance. New
Zealand, working through its Ministry of Foreign Affairs and Trade, allocates nearly 60% of its
total Official Development Assistance funding to achieve a stable and prosperous Pacific, in
close partnership with Pacific countries, regional organizations and other development
partners. 13 Both countries also fund democratic governance programs implemented by the UN.

The regional organizations of PICs are also active in the governance sphere. The SPC, primarily
through its Regional Rights Resource Team, works across government and civil society to
increase awareness and promote effective governance related to human rights, gender equality,
preventing GBV, and climate security. The PIFS provides technical assistance and training to
member country politicians and bureaucrats to improve governance and policy formation.

A.7 OPERATIONAL APPROACH

This activity is designed based on the following essential operational principles:

1. Collaborating, Learning and Adapting: This activity will incorporate regular context and
performance reviews to inform adaptation. Important contextual aspects include changes in
the socio-political environment of the PICs. This is particularly important given the complex
and dynamic socio-political environment of the different countries and the actions of
undemocratic forces that seek to increase its influence in the region.

2. Mission Consultation: Flexibility and successful learning and adaptation require regular
consultation with the Agreement Officer Representative (AOR). Key personnel will maintain

11 https://www.usaid.gov/mk/pacific-islands
12 https://www.dfat.gov.au/GEO/PACIFIC/DEVELOPMENT-ASSISTANCE/Pages/development-assistance-in-the-
pacific
13 https://www.mfat.govt.nz/en/aid-and-development/our-work-in-the-pacific/

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open communication channels with the Mission and the AOR. The Mission will in turn
maintain consultation with the U.S. Embassies in the Pacific.

3. Gender: The Pacific Islands face immense challenges in gender equality. The region has
some of the lowest levels of female political representation in the world and is plagued by
pervasive gender-based violence. The formal sector is compounded with patriarchal
complexities and high-level decision making remains dominated by men. This trend
continues in formal and informal politics, and is further exacerbated by structural
inequalities and social, legal, and economic power imbalances. The economic disparities
along gender lines combined with the double burden of responsibility on women, including
the strict traditional gendered division of labor, also prevents women from participating in
decision making and political spheres. In rural areas, male heads of households or
predominantly male tribal chiefs continue to make all major decisions including which
political party and candidates to vote for. This activity will contribute to greater women’s
political participation as part of programming in each identified country. Some tribes in the
Pacific have a tradition of matrilineal leadership and offer opportunities for challenging
traditional male dominance. Bougainville, for example, has an interesting system of shared
leadership between men and women at the community government level. In this
autonomous region, however, women are organized but they are still marginalized.
Interlocutors point to the violent conflict between PNG and Bougainville as having
“prioritized men” and resulted in women being cut-off from formal/official decision-making
networks.

Any democratization process that does not enable equal, fair and substantive participation
of women, and does not take into account gender perspectives, will lack inclusiveness and
legitimacy. This activity will, therefore, assess gender dimensions of the country objective
and related issues for each identified country. Gender specific expected results will be
developed where appropriate. Implementation plans and program reports will document
how gender is addressed in implementation and the related results achieved. This activity
will likewise ensure that women will have equal access to the interventions implemented.

4. Geographic Coverage: As previously stated, PROJECT Governance covers the 12


sovereign nations consisting of: Federated States of Micronesia (FSM), Fiji, Kiribati, Nauru,
Palau, Papua New Guinea (PNG), Republic of the Marshall Islands (RMI), Samoa, Solomon
Islands, Tonga, Tuvalu, and Vanuatu. These PICs are spread across the three sub-regions of
Micronesia (North Pacific), Melanesia (Southwest Pacific) and Polynesia (Central and South
Pacific). This activity, however, cannot provide direct assistance to the government of Nauru
due to current legislation.

5. Partnerships with Local Organizations: Consistent with the Journey to Self-Reliance,


USAID’s commitment to build local capacity to address development challenges and end the
need for foreign assistance, local organizations that are familiar with the operating
environment, have convening power, and are aware of socio-political considerations in the
region, target country, or sub-national units are critical to the success and sustainability of
this activity. Partnering with local organizations (e.g. through sub-grants) to implement this
activity is highly encouraged.

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6. Access and Accommodation- Developers should adhere to the regulations of The


Rehabilitation Act of 1973: Section 504 requires Federally funded programs to provide
individuals with disabilities an equal opportunity to participate in their programs and benefit
from their services, including the provision of information to employees and members of the
public. Agencies must provide appropriate auxiliary aids where necessary to ensure an equal
opportunity. Types of auxiliary aids may include brailed or large print versions of materials,
electronic diskettes, audiotapes, qualified interpreters or readers, telecommunications
devices for deaf persons (TDDs), captioning of video, and other methods of making
information available and accessible to persons with disabilities. In considering what type of
auxiliary aid to provide, agencies must give primary consideration to the request of the
individual with a disability and shall honor that request, unless it can demonstrate that
another effective means of communication exists. Section 508 requires Federally funded
programs to ensure that persons with disabilities (both employees and members of the
public) have comparable access to and use of electronic information technology. That means
that any electronic and information technology used, maintained, developed, or procured
should be accessible to persons with disabilities

7. Do No Harm: USAID prioritizes a “do-no-harm” approach in its work, taking precautions


and using analysis to minimize unintended harm. Support for sound, just, and responsive
governance will create winners and losers and unintended consequences based on individual,
group, and societal factors, and this activity must be implemented based on continuous
analysis of those factors. The implementer will work closely with USAID, as well as with
local stakeholders, to avoid interventions that may create negative consequences or endanger
the intended beneficiaries, host communities, or implementing organizations.

8. Sustainability: USAID intends that key stakeholders adopt and replicate successful
interventions. To promote sustainability, key stakeholders such as communities, national and
local governments, line agencies, CSOs, and other entities should demonstrate
buy-in. Buy-in may include alignment of priorities, strategies, and resource sharing.
Government approval and support of governance reforms is critical to both success and
sustainability.

9. Experimentation and Research: Applicants are highly encouraged to build experimental


and research components into their activity designs. Programmatic risks are acceptable, as
long as they are data-driven and adaptive. The social entrepreneurship model of “fail fast”
systems may lend inspiration to designs in which risks are taken, quickly evaluated, and then
either discontinued immediately or used to inspire the next iteration of interventions.
Experimentation is meant to be used as a tool to increase both flexibility and learning.

10. Environmental Compliance and Climate Risk Management (CRM): Development


should be environmentally sound, and interventions must be compliant with environmental
regulations. As such, the activity should adhere to the provisions in Title 22 of the Code of
Federal Regulations, Part 216. In addition, it should also adhere to the environmental laws
and procedures of the participating country. This activity must be robust in the face of
potential climate change impacts. Climate risk management is now required for new USAID

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strategies, projects and activities. The Automated Directives System (ADS) 201 puts in place
the new CRM guidance for new USAID activities.

Therefore, the Applicant shall identify expected climate change impacts over the life of the
activity’s expected benefits and demonstrate how those risks will be reduced in order to
ensure effectiveness and sustainability of the Activity’s objectives in the face of climate
variability and change. How to address and adaptively manage climate risks that apply to the
Activity will be either be included in the Environmental Mitigation and Monitoring Plan
(EMMP) or a separate CRM Plan as deemed fit.

A.8 MONITORING AND EVALUATION

USAID intends for the activity to be subject to rigorous monitoring and evaluation, to: a)
ensure the intended results are being generated; b) inform activity management if and when
course corrections may be necessary; c) ensure the interventions are targeting the right
groups; and d) capture diverse perspectives from stakeholders; and e) monitor the context.

In accordance with Automated Directives System (ADS) 201, achieving results outlined in a
project through the implementation of a set of activities is a continuous process. It is
important to integrate and clarify monitoring, evaluation and learning expectations,
requirements, and necessary resources at the solicitation phase of an activity in order to
ensure that implementing partners place the appropriate emphasis on these efforts. Activity
monitoring, evaluation, and learning should emphasize the systematic process of collecting
and analyzing performance data and other information to track progress toward planned
results. Monitoring and evaluation should be used to influence decision making and resource
allocation and to make changes as needed. It also involves managing the relationship
between the activity and its associated project by assisting implementing partners in
understanding their activity’s contribution to the Project Purpose and other key project
outcomes and fostering collaborative learning among partners.

USAID may conduct additional monitoring and evaluation through external third party
contract(s). A detailed M&E design will be developed subsequent to the award and will
include appropriate Standard Foreign Assistance Indicators (F indicators), as well as custom
indicators.

A.9 ADMINISTRATIVE AND LOGISTICAL SUPPORT

The recipient shall be responsible for all administrative support and logistics needed to fulfill
the requirements of this activity. These shall include all travel arrangements, appointment
scheduling, secretarial services, report preparation services, printing and other
communication services. The recipient is expected to extend logistical support to USAID
personnel as well as U.S. government visitors participating in events or meetings associated
with this activity.

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A.10 ADAPTIVE MANAGEMENT

The implementer is expected to practice adaptive management and identify high impact but
unexpected opportunities for intervention related to one or a combination of this activity’s
objectives during the course of implementation. It will also be expected to provide technical
assistance, upon written request from USAID, on short notice. Additional support may be
required in any of the subject areas covered by this activity and may include discrete analysis
of specific issues, advice upon request of parliamentary or executive bodies, specific
assessments or action research, or organizational support to a significant event.

END OF SECTION A

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SECTION B – FEDERAL AWARD INFORMATION

B.1 Estimate of Funds Available and Number of Awards Contemplated

USAID intends to award one (1) Cooperative Agreement pursuant to this notice of funding
opportunity. Subject to funding availability and at the discretion of the Agency, USAID intends
to provide not more than $20 million in total USAID funding over a five (5) year period.

B.2 Start Date and Period of Performance for Federal Awards

The anticipated period of performance is five (5) years. The estimated start date will be January
2021 or be upon issuance of the final award.

B.3 Substantial Involvement

USAID anticipates award of a cooperative agreement. A cooperative agreement implies a level


of “substantial involvement” by USAID in certain programmatic aspects of the award. This
substantial involvement will be through the Agreement Officer (AO), except to the extent that
he/she delegates authority to the Agreement Officer’s Representative (AOR) in writing.

The anticipated substantial involvement elements for this award are as follows:

a. Approval of the Recipient’s Implementation Plan

Implementation plans include, but are not limited to, annual work plans, including planned
activities for the following year and any subsequent revisions, international travel plans, planned
expenditures, and event planning/management.

USAID requires the approval of implementation plans annually to ensure alignment with stated
goals, milestones, and outputs. The implementation plan communicates how and when the
Recipient will complete project activities and is drafted annually to describe new activities. This
plan will be developed in partnership between the Recipient and the AOR. The annual
implementation plans, and subsequent revisions thereto, are subject to prior written approval by
USAID’s AOR.

b. Approval of Key Personnel

USAID requires approval of key personnel for only those positions that are essential to the
successful implementation of the recipient’s program. For this activity, USAID requires at least
two (2) key personnel.

c. Agency and Recipient Collaboration or Joint Participation

USAID will participate in the following:

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1. Collaborative involvement in selection of advisory committee members, if the program will


establish an advisory committee that provides advice to the recipient. USAID may
participate as a member of this committee as well. Advisory committees must only deal with
programmatic or technical issues and not routine administrative matters;
2. Approval is required for the subaward, transfer, or contracting out of any work under this
cooperative agreement;
3. Approval of the Recipient’s monitoring and evaluation plans; and
4. Monitoring to authorize specified kinds of direction or redirection because of
interrelationships with other projects. All such activities must be included in the program
description, negotiated in the budget, and made part of the award.

d. No construction activities are authorized under this cooperative agreement.

B.4 Title to Property

Property title under the resultant agreement shall vest with the Recipient in accordance with the
requirements of 2 CFR 200.

B.5 Authorized Geographic Code

Geographic Code 937 (the United States, the Recipient country, and developing countries other
than advanced developing countries, but excluding any country that is a prohibited source) is the
authorized USAID Principal Geographic Code for the procurement of commodities and services
by Recipients under grants and cooperative agreements to non-governmental organizations when
the award budget contains more than $250,000 worth of goods and services to be procured by
the Recipient; and by subcontractors and subrecipients of awards.

Geographic Code 935 (any area or country including the Recipient country, but excluding any
country that is a prohibited source) is authorized USAID Principal Geographic Code for
procurement of commodities and services under a grant and cooperative agreement when the
total procurement element in the award budget is $250,000 or less.

USAID’s rules for the source of goods other than “restricted goods,” are described in ADS 312
(https://www.usaid.gov/sites/default/files/documents/1876/312.pdf).

These rules do not apply to procurement by the Recipient with cost-sharing or program income
funds.

For an accurate identification of developing countries, advanced developing countries, and


prohibited sources, please refer to the Automated Directive System (ADS) 310 entitled “Source
and Nationality Requirements for Procurement of Commodities and Services Financed by
USAID” (https://www.usaid.gov/sites/default/files/documents/1876310.pdf).

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B.6 Nature of the Relationship between USAID and the Recipient

The principal purpose of the relationship with the Recipient and under the subject program is to
transfer funds to accomplish a public purpose of support or stimulation of the Project
Governance activity which is authorized by Federal statute. The successful Recipient will be
responsible for ensuring the achievement of the program objectives and the efficient and
effective administration of the award through the application of sound management practices.
The Recipient will assume responsibility for administering Federal funds in a manner consistent
with underlying agreements, program objectives, and the terms and conditions of the Federal
award.

B.7 Selection of Instrument

USAID’s selection of instrument was informed by market research based on recent publications,
assessments, publicly available information, key informant interviews, and experience working
in this strategic region. This market research identified the areas for USAID engagement in
democratic governance. USAID will need to ensure that the activities of PROJECT Governance
are non-partisan and will not be construed as infringing on a sovereign country’s jurisdiction
over its citizens. In order to monitor the recipient’s progress in achieving the objectives of the
program and to verify that the recipient’s activities being funded under the award conform to the
terms and conditions of the cooperative agreement, USAID will require agreed upon substantial
involvement enumerated in the award.

END OF SECTION B

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SECTION C – ELIGIBILITY INFORMATION

C.1 Eligible Applicants

USAID encourages applications from potential new partners. USAID will not accept
applications from individuals.

To be eligible for award of a Cooperative Agreement, in addition to other conditions of this


NOFO, organizations must have a commitment to non-discrimination with respect to
beneficiaries and adherence to equal opportunity employment practices. Non-discrimination
includes equal treatment without regard to race, religion, ethnicity, gender, and political
affiliation.

C.1.a Types of entities eligible to apply for funding under this NOFO:

1. U.S. and Non-U.S. Non-Governmental Organizations (NGOs)

a) U.S. and Non-U.S. Non-Profit Organizations


U.S. and non-U.S. private non-profit organizations may apply for funding under this
NOFO.

b) U.S. and Non-U.S. For-Profit Organizations


U.S. and non-U.S. private for-profit organizations may apply for funding under this
NOFO. Potential for-profit applicants should note that, in accordance with 2 CFR
200.400(g), non-Federal entity may not earn or keep any profit resulting from Federal
financial assistance. Furthermore, pursuant to 2 CFR 700.13(a)(1), Prohibition against
profit: No funds will be paid as profit to any for-profit entity receiving or administering
Federal financial assistance as a recipient or subrecipient.

c) U.S. and Non-U.S. Colleges and Universities


U.S. and non-U.S. colleges and universities may apply for funding under this NOFO.
NOFO is not intended to fund academic research.

2. Public International Organizations (PIOs)

PIOs may apply for funding under this NOFO. Please see ADS 308 for USAID policy on
PIOs: http://www.usaid.gov/ads/policy/300/308.

3. Private Voluntary Organizations (PVOs)

NGOs that meet the definition of a Private Voluntary Organization (PVO) as defined in 22
CFR 203 (https://www.govinfo.gov/content/pkg/CFR-2014-title22-vol1/xml/CFR-2014-
title22-vol1-part203.xml) are encouraged to register as a PVO with USAID. Applicants
may find registration instructions here: https://www.usaid.gov/pvo

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4. New Partners
USAID encourages applications from new partners that have not previously received USG
funding. However, resultant awards to these organizations may be delayed because USAID
generally must conduct pre-award surveys of these organizations in order to make a risk
assessment decision, in accordance with ADS 303.3.9 (for NGOs; ADS 308 for PIOs).
Please refer below, for additional information on pre-award surveys.

C.1.b Eligibility requirements

Applicants must:
· Have a valid DUNS number (https://www.grants.gov/applicants/organization-
registration/step-1-obtain-duns-number.html) and provide this information in their application;
· Be registered in the System for Award Management
(https://www.sam.gov/SAM/transcript/Quick_Guide_for_International_Entity_Registration.pdf)
; and
· Continue to maintain an active SAM registration with current information at all times during
which it has an active Federal award, or an application, or plan under consideration by a Federal
awarding agency.

USAID/Philippines will not make an award to an Applicant that has not fully complied with the
DUNS and SAM requirements. Applicants must have established financial management,
monitoring and evaluation processes, internal control systems, and policies and procedures that
comply with established U.S. government standards, laws, and regulations.

The successful Applicant will be subject to a responsibility determination assessment by the


Agreement Officer (AO). The AO may require a pre-award survey that will determine whether
the prospective recipient has the necessary organization, experience, accounting and operational
controls, and technical skills – or ability to obtain them – in order to achieve the objectives of
the program and comply with the terms and conditions of the award.

C.2 Cost Share

Cost share as defined in ADS 303.3.10 is “the resources a recipient contributes to the total cost
of an agreement.” Cost sharing is an important element of the USAID-Recipient relationship.
Cost sharing may consist of cash or in-kind contributions but, by definition, may not include
USG funds or USG-funded in-kind contributions. Cost share becomes a condition of an award
when it is part of the approved award budget and must be used for the accomplishment of
program objectives. Information regarding the proposed cost share, if any, should be included in
the budget. Cost share is not required for an Applicant to be eligible. Applicants are,
however, encouraged to include cost share in their applications to facilitate the reach of the
activity and increase local ownership.

For guidance on cost share, please see ADS 303.3.10


(https://www.usaid.gov/sites/default/files/documents/1868/303.pdf). Specific for U.S. NGOs, 2
CFR 200.306 (https://www.govinfo.gov/app/details/CFR-2014-title2-vol1/CFR-2014-title2-vol1-
sec200-306). For non-U.S. NGOs, all cost sharing will be subject to the Required as Applicable

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Standard Provision “Cost Share” in ADS 303mab


(https://www.usaid.gov/sites/default/files/documents/1868/303mab.pdf).

C.3 Number of Applications


The prime applicant may submit only one application. Sub-partners may be included in multiple
applications.

C.4 Other
USAID/Philippines discourages applicants from requiring exclusive commitments by local
organizations to participate as part of a subaward. Local organizations participating as a sub-
awardee may elect to participate in another subaward under a different application.

END OF SECTION C

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SECTION D – APPLICATION and SUBMISSION INFORMATION

D.1 Agency Point of Contact

Name: Beatrice Conde


Title: Supervisory Agreement Officer
Address: Regional Office of Acquisition and Assistance (ROAA), 3/F Annex 2
Building, U.S. Embassy Compound, 1201 Roxas Boulevard, Ermita
Manila, Philippines 1000
Email: manila-roaa-rfa@usaid.gov

D.2 Questions and Answers

All questions regarding this NOFO should be submitted in writing to Ms. Conde to the email
address above with a copy to Hjuanillo@usaid.gov

Questions regarding this NOFO should be submitted by e-mail no later than the date and time
indicated on the cover letter, as amended. Any information given to a prospective applicant
concerning this NOFO will be furnished promptly to all other prospective applicants as an
amendment to this NOFO, if that information is necessary in submitting applications or if the
lack of it would be prejudicial to any other prospective applicant.

D.3 APPLICATION MATERIALS AND SUBMISSION INFORMATION

Applicants are expected to review, understand, and comply with all aspects of this NOFO and its
amendments (if any), before submitting the documents required. Applicants must ensure the
completeness of the application package before submission. Failure to include all information or
to organize the application in the manner prescribed may result in the rejection of the application
as being unacceptable. USAID will only review applications that are complete and submitted on
time.

Applications must be submitted in two separate parts: (1) Technical Application and (2) Cost or
Business Application. Both the technical and cost/business application should have a cover page
which includes the following:

a) Name of Organization
b) Business Address
c) Names of Authorized Representative and Alternate with their Titles
d) Phone and fax numbers
e) E-mail addresses
f) Notice of Funding Opportunity number
g) Program Title
h) Date of Submission
i) Names of proposed subrecipients or partnerships (identify if local organization, per
USAID’s definition of ‘local entity’ under ADS 303

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Electronic Submission Procedure:

Applications must be submitted electronically via e-mail to the agency point of contact at
manila-roaa-rfa@usaid.gov, with a copy to Haidee Juanillo at hjuanillo@usaid.gov. The
applications must be received by the USAID/Philippines internet server no later than the date
and time specified in the cover letter of this NOFO. Electronic transmission and attachments
must not exceed 25mb per email. E-mail attachments in *.zip files will not be accepted. The
document must be in Adobe Acrobat portable document format (PDF), Microsoft Word and
Excel format as applicable. If multiple emails are needed to submit a complete document, the e-
mail subject line must contain the following information:

· NOFO number, Organization name, Technical Application, Part 1 of 2


· NOFO number, Organization name, Cost Application, Part 1 of 2

Hard copy or faxed applications are not acceptable.


USAID will notify applicants of the receipt of their application via email. Likewise, applicants
must check to confirm that all emails and attachments were indeed sent and request for
confirmation of receipt.

D.4 CONTENT AND FORMAT OF APPLICATION

A. General Application Format

Applicants must format all submissions as follows:


1. Technical Application: PDF format
2. Cost/Business Application: Budget – in U.S. dollars; unlocked Microsoft Excel Format;
Budget notes/narrative in PDF format
3. Spacing: Single-spaced
4. Language: English
5. Font: Legible without the need for magnification
6. Headers and/or footers on each page; pages must be numbered consecutively

B. Technical Application Format and Content

The written application should be limited to 25 pages and should be organized as follows:

1. Cover Page – See above (not included in the page limitations)


2. Table of Contents must include major sections, page numbers, and hyperlinks to easily
cross-reference and identify merit review criteria (not included in the page limitations)
3. Executive Summary must provide a high-level overview of key elements of the application
(one page, not included in the page limitations)
4. Understanding of the Development Problem and Theory of Change
5. Proposed Overall Strategy, Technical Approach, and Activities
6. Management Plan, Capability Statement, and Relevant Experience
7. Annexes (not included in the page limitations):

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· Acronym List/Definition
· Results and/or Logical Framework
· Illustrative First Year Implementation Plan
· Organizational Chart/Staffing Plan
· Key Personnel: 1. Resume of Key Personnel and 2. Required information for any
additional Key Personnel proposed

Criteria 1: Understanding of the Development Problem and Theory of Change

(1) Instructions to Applicants:

The Applicant must demonstrate a clear understanding of the issues and challenges in addressing
sound, just and responsive governance in the Pacific island countries covered by this activity.
The Applicant should identify the most binding constraints supported by a thorough analysis of
these challenges. The Applicant may develop and present its own theory of change explaining
how the applicant interprets the development problem and what desired outcomes can be
achieved. This discussion should demonstrate a full appreciation of the political-economy,
policy and institutional challenges in this sector and assess potential outcomes from action and
inaction by the government.

Criteria 2: Proposed Overall Strategy, Technical Approach, and Activities

(1) Instructions to Applicants:

The Applicant must describe its overall strategy and technical approach in accordance with the
Program Description (PD). The overall strategy shall be logically sound and based on a clear
understanding of the opportunities and challenges to be tackled. This section should demonstrate
structured thinking behind the proposed interventions, and their link to intended outcomes and
results. The Applicant should present a Results and/or Logical Framework (may be presented as
an Annex to the Application) outlining key assumptions and risks to achievement of project
outcomes and intermediate results and mitigating factors/ strategies should be explicitly stated.
Applicants are encouraged to propose creative and innovative approaches designed to reach the
desired outcomes/results of the program. The technical approach must also build upon the good
practices and lessons learned/developed by the applicant or USAID under similar programs.
This section should also highlight how the Applicant’s proposed approach will build on
interventions by USAID and other development partners in the region.

Under this criteria, the Applicant must also describe its implementation plan over the life of the
activity including main activities of the program that expands on the approaches presented and
indicators or measures to achieve the expected program results. An illustrative first year
implementation plan (include as an Annex) should present a feasible plan for on-the-ground
implementation and propose an illustrative set of activities in target countries, identifying
meaningful milestones, robust metrics and realistic deployment of resources. This section
should also outline a plan to develop value-added collaboration and identify potential
partnerships, primarily through subgrants, with nongovernmental partners and/or private sector
counterparts.

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Criteria 3: Management Plan, Capability Statement, and Relevant Experience

(1) Instructions to Applicants

The Applicant must highlight relevant experience in implementing similar activities. The
Applicant must also propose qualified individuals as key personnel and their responsibilities.
The Applicant must also clearly present the management and administration structures and
functions for managing the PROJECT Governance activity, which entail programming in up to
12 Pacific island countries. This includes the use and management of subgrants, its approach to
coordinating diverse activities that produce documented, quantifiable effective results, and the
general strategy to manage the award in the most efficient and cost-effective manner possible.

The Applicant shall propose a management structure to address the breadth, depth, and technical
areas required to successfully undertake their proposed approach and methodology, including
the justifications for the location of the project office and regional offices, if any. The
management plan shall describe how the tasks will be organized and managed to minimize non-
productive costs to the government and how the Applicant will utilize the complementary
capabilities of any proposed sub-Applicants most effectively and efficiently. The Applicant’s
proposed position descriptions shall reflect a clear understanding of technical and management
skills necessary to achieve the results. The estimated level of effort that will be provided by the
prime Applicant and the proposed subawards/and or partners must be provided. The plan shall
describe how lines of authority will be structured and managed within the Applicant’s own
organization and between the prime Applicant and any sub-Applicants and/or partners. This plan
shall describe lines of communication and reporting, and how the Chief of Party (COP) will
liaise with the USAID Agreement Officer (AO), Agreement Officer’s Representative (COR),
and staff or consultants. The Applicant will describe the roles of field office and headquarters
office and discuss Home Office support capabilities including experience in timely project start
up (systems, procurement, post-award administration, etc.). An organizational chart shall be
provided in an Annex to the Technical Application.

The Applicant shall propose at least the following two key personnel: 1. Chief of Party and 2.
Deputy Chief of Party to lead the successful implementation of this activity. Applicants may
propose additional key personnel positions as long as the quantity of the key personnel positions
shall not exceed five. Applicants must provide justification for the additional positions (in
relation to the requirements of the PD) and describe the minimum qualification and
responsibilities for such positions. Key Personnel are expected to have the ability to manage
teams of professionals to produce key results and outcomes.

In an Annex, the Applicant should provide information for each key personnel proposed. At a
minimum, the proposed key personnel should have the following qualifications and experience:

1) Chief of Party: The proposed candidate shall possess: (a) The intellectual and leadership
qualities necessary to develop, articulate and implement a vision for the project; (b) At least a
master’s degree or higher in public administration, economics, business, law, social sciences, or
a related field; (c) 15 years of progressively responsible professional development and

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experience and expertise in supporting democratic governance reforms of a nature similar or


connected to those articulated in the PD; (d) Extensive experience working with counterparts at
various levels of government and the non-government sector in managing international
development assistance projects; (e) Strong technical expertise, good management skills, and
extraordinary communication skills are the essentials for this position; and (f) Strong English
writing and speaking skills.
2) Deputy Chief of Party: The COP will be assisted by an able Deputy Chief of Party who will
be responsible for the overall administrative and operational aspects of the project. The
proposed candidate shall possess: (a) At least a bachelor’s degree or higher in public
administration, economics, business, law, social sciences, or a related field (post-graduate course
certificates and/or master’s degree preferred); (b) 10 years of progressively responsible
professional development, public administration, financial management, governance reforms, or
civic engagement experience and expertise; (c) Substantial experience working with
counterparts at various levels of government and the non-government sector in managing
international development assistance projects; (d) Strong expertise in the area of responsibility,
good management skills, and extraordinary communication skills; and (e) Strong English writing
and speaking skills.

If additional key personnel positions are proposed, justification should be provided and must be
supplemented with the respective position description, responsibilities, and minimum
qualification requirements in the Annex.

Curriculum vitae for each Key Personnel candidates must be provided in the
Annex.

A. Cost/Business Application Format and Content

The cost/business application must be submitted separately from the technical application. The
applicant must follow the prescribed content and format. Budget spreadsheets must be in U.S.
Dollars, in unlocked Microsoft Excel format, pages with signatures in PDF format.

The Cost Application must cover the full period of performance. The budget should be
expressed in U.S. Dollars and must reflect the exchange rate(s) used.

A summary of the budget must be submitted using the Standard Form 424, 424A and 424B.
Instructions on how to complete the forms are found here: https://www.grants.gov/forms/sf-424-
family.html. The summary budget should have the budget categories as shown in SF424A, with
costs broken down by year; detailed/itemized budget; budget narrative explaining costs to be
incurred; and other administrative documentation, as necessary. The forms when submitted,
must be signed by an authorized representative of the Applicant’s organization.

The following sections describe the documentation that applicants for an Assistance award must
submit to USAID prior to award. While there is no page limit for the cost application, applicants
are encouraged to be as concise as possible, but still provide the necessary detail to address the
following:

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· Detailed Budget (no page limit), which provides a breakdown by elements of cost (e.g.
personnel, fringe benefits, travel, equipment, supplies, contractual, construction, other direct
costs, indirect costs, cost sharing (if any) for the total estimated amount of implementation
of the project according to your organization’s approach. The budget shall include costs
associated with all programmatic activities during the project implementation.

· Budget Narrative (no page limit), which provides detailed budget explanations and
supporting justification of each proposed budget line item. It must briefly describe
programmatic relevance and clearly identify the basis of estimate (i.e. how the budget
number was determined fair and reasonable) for each cost element, such as market surveys,
price quotations, current salaries, historical experience, etc. The budget narrative should
demonstrate how the budget supports and allocates sufficient and appropriate funding for all
elements of the program activities described in Section A, Program Description of this
NOFO.

The cost application should contain the budget categories as shown on the SF-424A:

- Personnel/Labor: Direct salaries and wages should be proposed in accordance with the
organization’s personnel policies. Details on the basis of estimate for each proposed salary
should be sufficiently addressed in the budget narratives for all positions [key personnel,
consultants, short-term technical assistance and non-key personnel]. Any proposed salary
increase must be sufficiently justified and supported with the organization’s personnel
policies (to be provided as an Annex to the cost application).

Note: Annual salary increase and/or promotional increase may be granted in accordance
with the applicant’s established policies.

- Fringe Benefits: If accounted for as a separate item of cost, fringe benefits should be
accounted in accordance with local labor law.

- Travel and Per Diem: The application budget and narrative should indicate the purpose
of trip(s), number of trips, domestic and international, and the estimated unit of cost of each.
Specify the origin and destination for each proposed trip, duration of travel and number of
individuals traveling. Proposed per diem rates must be in accordance with the applicant’s
established policies and practices that are uniformly applied to federally financed and other
activities of the applicant.

- Equipment: The application should specify the procurement of any tangible personal
property (including information technology systems) having a useful life of more than one
year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization
level established by the non-Federal entity for financial statement purposes, or $5,000. The
application should indicate the quantity of the equipment to be purchased, the unit cost and
the total price.

- Supplies: The application should specify the procurement of all tangible personal
property other than those described in Equipment. A computing device is a supply if the

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acquisition cost is less than the lesser of the capitalization level established by the non-
Federal entity for financial statement purposes or $5,000, regardless of the length of its
useful life. The application should indicate the quantity of the equipment to be purchased,
the unit cost and the total price.

- Subawards: The application should include, if any, subaward(s). Applicants who intend
to utilize other partnering organization(s) should indicate the extent intended and a complete
cost breakdown, as well as all the information required herein for the applicant.

- Construction: Construction will not be funded by USAID under this program.

- Other Direct Costs (ODC): could include costs related to program activities described
in the PD; communications, office rental, utilities, report preparation costs, other office
operation costs, branding/marking costs, supplies, etc. The narrative should provide a
complete breakdown and support for each item of other direct costs.

- Cost share: ADS 303.3.10 Cost Share defines cost share as “the resources a recipient
contributes to the total cost of an agreement. It is the portion of project or program costs not
borne by the Federal Government.” Cost share is not required under this NOFO, but is
encouraged.

The following information should be taken into consideration when developing the budget:

(1) Salaries and wages must be reflective of the “market value” for each position. Salaries and
wages may not exceed the applicant’s established written personnel policy and practice,
including the applicant’s established pay scale for equivalent classifications of employees,
which shall be certified by the Applicant.

Salaries for locally employed staff should correspond to the local market averages for
similar positions. Applicants are expected to conduct their own market research for
determining the salary scale for locally hired positions in Belarus or rely on their previous
work experience and other implementing partners’ experience in the region.

(2) This USAID-funded activity implemented under the anticipated cooperative agreement will
be for an estimated period of performance of five (5) years; also referred to as the award
period. Unless the applicant/Recipient demonstrates otherwise to the USAID Agreement
Officer’s satisfaction, Cooperating Country Nationals (CCNs) employed by the
applicant/Recipient solely to work under the USAID-funded project under this agreement
are considered by USAID as employed by the applicant/Recipient for a specified period not
to exceed the agreement period.

(3) If the Applicant or its proposed sub-awardee does not have a negotiated indirect cost rate
agreement (NICRA) from any U.S. government audit agency, the applicant must provide
information regarding how the fringe benefit rates are applied for each category of
employees and an explanation of the benefits included in the rate.

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(4) Applicants should include any estimated USAID branding and marking costs in their
budget. It is the applicant’s responsibility to ensure that all costs related to the
implementation of the MEL Plan are included in the cost application. Applicants need to
account for resources required for implementing and monitoring the environmental
compliance activities in the technical application and in the budget and describe associated
costs in detail to the degree possible in the budget narrative.

B. Prior Approvals in accordance with 2 CFR 200.407

Inclusion of an item of cost in the detailed application budget does not satisfy any requirements
for prior approval by the Agency. If the applicant would like the award to reflect approval of
any cost elements for which prior written approval is specifically required for allowability, the
applicant must specify and justify that cost. See 2 CFR 200.407 for information regarding which
cost elements require prior written approval.

C. Approval of Subawards

The applicant must submit information for all subawards that it wishes to have approved at the
time of award. For each proposed subaward the applicant must provide the following:

• Name of organization
• DUNS Number
• Confirmation that the subrecipient does not appear on the Treasury Department’s Office
of Foreign Assets Control (OFAC) list
• Confirmation that the subrecipient does not have active exclusions in the System for
Award Management (SAM)
• Confirmation that the subrecipient is not listed in the United Nations Security designation
list
• Confirmation that the subrecipient is not suspended or debarred
• Confirmation that the applicant has completed a risk assessment of the subrecipient, in
accordance with 2 CFR 200.331(b)
• Any negative findings as a result of the risk assessment and the applicant’s plan for
mitigation.

D. Risk Assessment

In order for an award to be made, the USAID Agreement Officer must evaluate the risks posed
by Applicants as outlined in 2 CFR 200.205 (https://www.ecfr.gov/cgi-bin/text-
idx?node=se2.1.200_1205&rgn=div8) and ADS 303.3.9
(https://www.usaid.gov/sites/default/files/documents/1868/303.pdf). This means that the
Applicant must possess, or must have the ability to obtain the necessary management and
technical competence to conduct the proposed program, and must agree to practice mutually
agreed-upon methods of accountability for funds and other assets provided or funded by USAID.

i. Financial stability;

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ii. Quality of management systems and ability to meet the management


standards prescribed in this part;
iii. History of performance. The Applicant’s record in managing Federal
awards, if it is a prior Recipient of Federal awards, including timelines
of compliance with applicable reporting requirements, conformance to
the terms and conditions of previous Federal awards, and if applicable,
the extent to which any previously awarded amounts will be expended
prior to future awards. Please refer to Section D for the submission of
relevant past performance information;
iv. Reports and findings of any other available audits;
v. The Applicant’s ability to effectively implement statutory, regulatory, or
other requirements imposed on non-Federal entities; and
vi. Whether the Applicant is otherwise qualified to receive an award under
applicable laws and regulations (e.g., Nondiscrimination, Lobbying,
Debarment/Suspension, Terrorist Financing, etc.).

In the absence of a positive risk assessment, an award can ordinarily not be made. Awards
to potential new Recipients may be significantly delayed if USAID must undertake
necessary pre-award surveys of these organizations to make an adequate risk assessment.
These organizations should take this into account and plan their implementation dates and
activities accordingly.

a. Indirect Cost Rate Agreement

The applicant must submit a Negotiated Indirect Cost Rate Agreement NICRA if the
organization has such an agreement with an agency or department of the U.S. Government. If no
NICRA the applicant should submit the following:

Reviewed Financial Statements Report: a report issued by a Certified Public Account (CPA)
documenting the review of the financial statements was performed in accordance with
Statements on Standards for Accounting and Review Services; that management is responsible
for the preparation and fair presentation of the financial statements in accordance with the
applicable financial reporting framework and for designing, implementing and maintaining
internal control relevant to the preparation. The account must also state the he or she is not
aware of any material modifications that should be made to the financial statements; or

Audited Financial Statements Report: An auditor issues a report documenting the audit was
conducted in accordance with Generally Accepted Auditing Standards (GAAS), the financial
statements are the responsibility of management, provides an opinion that the financial
statements present fairly in all material respects the financial position of the company and the
results of operations are in conformity with the applicable financial reporting framework (or
issues a qualified opinion if the financial statements are not in conformity with the applicable
financial reporting framework.

b. Certifications, Assurances, and other Statements of the Applicant

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The applicant must complete the following documents and submit a signed copy with their
application :

(1) Required assurance, certifications and representations: Applicants are required to complete
Certifications, Assurances and other Statements of the Recipient. Please note that these
certifications are required for both the applicant and all sub-grantees. Applicants may view
the current Certifications, Assurances and Other Statements of the Recipient in ADS 303:
http://www.usaid.gov/ads/policy/300/303mav.
(2) Assurances for Non-Construction Programs (SF-424B)
(3) Certificate of Compliance: Please submit a copy of your Certificate of Compliance if your
organization's systems have been certified by USAID/Washington's Office of Acquisition
and Assistance (M/OAA).

c. Additional Information

A. Applicants must submit any additional evidence of financial responsibility deemed


necessary for the Agreement Officer to make a positive risk assessment to manage USG funds.
The information submitted should substantiate that the applicant:

o Has adequate financial, management and personnel resources and systems, or the
ability to obtain such resources as required during the performance of the award;

o Has the ability to comply with the award terms and conditions, taking into account all
existing and currently prospective commitments of the applicant, both
nongovernmental and governmental;

o Has a satisfactory record of performance. Generally, relevant unsatisfactory


performance in the past is enough to justify a finding of non-responsibility, unless
there is clear evidence of subsequent satisfactory performance or the applicant has
taken adequate corrective measures to assure that it will be able to perform its
functions satisfactory;

o Has a satisfactory record of integrity and business ethics; and

o Is otherwise qualified to receive an award under applicable laws and regulations.

B. Proof of Dunn and Bradstreet and SAM registration.

USAID may not award to an Applicant until the Applicant has complied with all
applicable unique entity identifier and System for Award Management (SAM)
requirements. The Applicant is required to:

· Be registered in SAM before submitting its full application


· Provide valid unique identifier (DUNS number) in its application; and,

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· Continue to maintain an active SAM registration with current information at all


times during which it has an active Federal award or an application or plan under
consideration by a Federal awarding agency.

The registration process may take several weeks to complete. Therefore, the Applicant is
encouraged to obtain them early to be eligible for an award under this NOFO.

DUNS number: http://fedgov.dnb.com/webform


SAM registration: http://www.sam.gov/

Completion of an early registration does not constitute any commitment on the part of the U.S.
Government to make an award.

d. Funding Restrictions

Any award will not allow for the reimbursement of pre-award costs.

USAID policy is not to award “profit” under assistance instruments to the Prime recipient.
However, all reasonable, allocable, and allowable expenses, both direct and indirect, which are
related to the agreement program and are in accordance with applicable cost principles under 2
CFR 200 Subpart E. of the Uniform Administrative Requirements may be paid under the
anticipated award.

e. Potential Request for Additional Documentation

Upon consideration of award or during the negotiations leading to an award, applicants may be
required to submit additional documentation deemed necessary for the Agreement Officer to
make an affirmative determination of responsibility. Applicants should not submit the
information below with their applications. The information in this section is provided so that
applicants may become familiar with additional documentation that may be requested by the
Agreement Officer.

The information submitted should substantiate:


- Bylaws, constitution, and articles of incorporation, if applicable.
- Whether the organizational travel, procurement, financial management,
accounting manual and personnel policies and procedures, especially regarding
salary, promotion, leave, differentials, etc., submitted under this section have
been reviewed and approved by any agency of the Federal Government, and if
so, provide the name, address, and phone number of the cognizant reviewing
official. The applicant should provide copies of the same.

f) Conflict of Interest Pre-Award Term

CONFLICT OF INTEREST PRE-AWARD TERM (August 2018)


a. Personal Conflict of Interest 1. An actual or appearance of a conflict of interest exists when an
applicant organization or an employee of the organization has a relationship with an Agency

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official involved in the competitive award decision-making process that could affect that Agency
official’s impartiality. The term “conflict of interest” includes situations in which financial or
other personal considerations may compromise, or have the appearance of compromising, the
obligations and duties of a USAID employee or recipient employee. 2. The applicant must
provide conflict of interest disclosures when it submits an SF-424. Should the applicant discover
a previously undisclosed conflict of interest after submitting the application, the applicant must
disclose the conflict of interest to the AO no later than ten (10) calendar days following
discovery.

b. Organizational Conflict of Interest The applicant must notify USAID of any actual or potential
conflict of interest that they are aware of that may provide the applicant with an unfair
competitive advantage in competing for this financial assistance award. Examples of an unfair
competitive advantage include but are not limited to situations in which an applicant or the
applicant’s employee gained access to non-public information regarding a federal assistance
funding opportunity, or an applicant or applicant’s employee was substantially involved in the
preparation of a federal assistance funding opportunity. USAID will promptly take appropriate
action upon receiving any such notification from the applicant. (END OF PRE-AWARD TERM)

END OF SECTION D

(This space intentionally left blank)

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SECTION E – APPLICATION REVIEW INFORMATION

E.1 MERIT REVIEW CRITERIA

The merit review criteria prescribed here are tailored to the requirements of this NOFO.
Applicants should note that these criteria serve to: (a) identify the significant matters which the
applicants should address in their applications, and (b) set the standard against which all
applications will be evaluated. Technical criteria will be evaluated relative to each other, as
described here and prescribed by the Technical Application Format. The Technical Application
will be evaluated by a Selection Committee (SC) using the criteria described in this section.

E.2 REVIEW AND SELECTION PROCESS

E.2.a Technical Review

USAID performs a review of the application to determine whether it is compliant to the


instructions in the NOFO. Compliant applications will be reviewed and evaluated in accordance
with the criteria below:

A) Merit Review

USAID will conduct a merit review of all applications received that comply with the instructions
in this NOFO. Applications will be reviewed and evaluated in accordance with the following
criteria shown below. The criteria are of equal importance.

Criteria 1: Understanding of the Development Problem and Theory of Change

Under this criteria, Applicant will be evaluated based on the following:


● How well the Applicant has understood the underlying constraints, challenges and
opportunities of the development problem; and
● How clearly and logically the Applicant is able to describe all the program’s objectives as
articulated in a theory of change and their relevance to the development problem.

Criteria 2: Proposed Overall Strategy, Technical Approach, and Activities

Under this criteria, Applicant will be evaluated based on the following:


● How feasible, creative, and responsive the Applicant’s overall strategy and technical
approach are to the requirements set forth in the PD, and to what extent it takes into
account the existing programs of USAID and like-minded donors in the region.
● How feasible and innovative is the overall Implementation Plan, as it links with the
technical approach, and whether it presents a clear operationalization of its proposed

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strategy; And how specific and detailed are the proposed activities in the first-year
implementation plan and their ability to achieve the objectives and intended outcomes
stated in the PD. The applicant’s ability to identify points of collaboration or
partnerships with regional and local organizations through subgrants or other modalities
will be reviewed.

Criteria 3: Management Plan, Capability Statement, and Relevant Experience

Under this criteria, Applicant will be evaluated based on:


● The Applicant’s relevant experience in implementing similar activities in a similar context,
and the quality and suitability of the proposed individuals for each Key Personnel position,
including their qualifications, demonstrated relevant experience and expertise in the
relevant topic(s);
● The quality, coherence and effectiveness of the proposed implementation team structure
(including sub-partners) as presented in the Organizational Chart, including a clear chain of
command and sub-team divisions, how the roles and responsibilities, and the internal and
external reporting arrangements are defined.

E.2.b Business Review

The Agency will evaluate the cost application of the applicant(s) under consideration for an
award as a result of the merit criteria review to determine whether the costs are allowable in
accordance with the cost principles found in 2 CFR 200 Subpart E.

The Agency will also consider (1) the extent of the applicant's understanding of the financial
aspects of the program and the applicant's ability to perform the activities within the amount
requested; (2) whether the applicant's plans will achieve the program objectives with reasonable
economy and efficiency; and (3) whether any special conditions relating to costs should be
included in the award.

Proposed cost share, if provided, will be reviewed for compliance with the standards set forth in
2 CFR 200.306, 2 CFR 700.10, and the Standard Provision "Cost Sharing (Matching)" for U.S.
entities, or the Standard Provision "Cost Share" for non-U.S. entities.

The AO will perform a risk assessment (2 CFR 200.205). The AO may determine that a pre-
award survey is required to inform the risk assessment in determining whether the prospective
recipient has the necessary organizational, experience, accounting and operational controls,
financial resources, and technical skills – or ability to obtain them – in order to achieve the
objectives of the program and comply with the terms and conditions of the award. Depending on
the result of the risk assessment, the AO will decide to execute the award, not execute the award,
or award with “specific conditions” (2 CFR 200.207).

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E.3 PRE-AWARD SURVEYS

Prior to making an award under this competition, the USAID Agreement Officer may perform a
pre-award survey of a prospective NGO recipient if he/she determines that any of the following
criteria apply, in accordance with USAID ADS Chapter 303.3.9.1:
· USAID is uncertain about the prospective recipient's capacity to perform financially or
programmatically.
· The prospective recipient has never had a USAID grant, cooperative agreement, or
contract. This requirement does not apply to Fixed Amount Awards.
· The prospective recipient has not received an award from any Federal agency within the
last five years. This requirement does not apply to Fixed Amount Awards.
· USAID has knowledge of deficiencies in the applicant's annual audit (Single Audit or
equivalent).
· The USAID Agreement Officer determines it to be in the best interest of the U.S.
Government.

Accounting systems, audit issues, and management capability questions may be reviewed as
part of this process in order to determine whether the prospective recipient has the necessary
organization, experience, accounting and operational controls, and technical skills in order to
achieve the objectives of the program, or whether specific conditions will be needed. If notified
by USAID that a pre-award survey is necessary, applicants must prepare in advance the required
information and documents. A pre-award survey does not commit USAID to make an award to
any organization.

END OF SECTION E

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SECTION F – FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices

Award of the agreement contemplated by this NOFO cannot be made until funds have been
appropriated, allocated and committed through internal USAID procedures. While USAID
anticipates that these procedures will be successfully completed, potential applicants are hereby
notified of these requirements and conditions for the award. The Agreement Officer is the only
individual who may legally commit the Government to the expenditure of public funds. No costs
chargeable to the proposed Agreement may be incurred before receipt of either a fully executed
Agreement or a specific, written authorization from the Agreement Officer.
- A written award mailed or otherwise furnished to the successful applicant within the
application’s validity time as specified either in the application or in this NOFO (whichever
is later) shall result in a binding Cooperative Agreement without further action by either
party. Before the application's specified validity expiration time, the Government may accept
an application, whether or not there are negotiations after its receipt, unless a written notice
of withdrawal is received by the applicant before award. Negotiations or discussions
conducted after receipt of an application do not constitute a rejection or counteroffer by the
Government.

- Applicants must set forth full, accurate and complete information as required by this NOFO.
The penalty for making false statements to the Government is prescribed in 18 U.S.C. 1001.

- Neither financial data submitted with an application nor representations concerning facilities
or financing, will form a part of the resulting Cooperative Agreement unless explicitly stated
otherwise in the agreement.

- USAID reserves the right to perform a pre‐award survey which may include, but is not
limited to: (1) interviews with individuals to establish their ability to perform agreement
duties under the project conditions; (2) a review of the prime recipient’s financial condition,
business and personnel procedures, etc.; and (3) site visits to the prime recipient’s institution.

F.2 ADMINISTRATIVE & NATIONAL POLICY REQUIREMENTS

The cooperative agreement will be administered in accordance with:

For U.S. Non-governmental organizations

· 2 CFR 200 (https://ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl)

· 2 CFR 700 (https://www.ecfr.gov/cgi-bin/text-


idx?SID=531ffcc47b660d86ca8bbc5a64eed128&mc=true&node=pt2.1.700&rgn=div5)

· ADS 303maa, Standard Provisions for U.S. Non-Governmental Organizations


(https://www.usaid.gov/sites/default/files/documents/1868/303maa.pdf)

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For Non-U.S. Non-Governmental Organizations

· ADS 303mab, Standard Provisions for Non-U.S. Non-Governmental Organizations


(https://www.usaid.gov/sites/default/files/documents/1868/303mab.pdf)

For Public International Organizations (PIOs)

· ADS 308mab, Standard Provisions for Cost-Type Awards to PIOs


(https://www.usaid.gov/sites/default/files/documents/1876/308mab.pdf)

USAID/Philippines Regional Office of Acquisition and Assistance (ROAA) will administer this
award. The AO will designate an AOR to review, concur and/or approve on items outlined in
Substantial Involvement (Section B.3 of this NOFO).

F.3 REPORTING REQUIREMENTS

The Recipient will adhere to all reporting requirements listed below; further, US Non-
governmental organizations need to be in compliance with 2 CFR 200 and 2 CFR 700
(specifically 2 CFR 200.327-329).

The Recipient will submit all reports by the due date for approval from the Agreement Officer’s
Representative (AOR). The Recipient will consult with the AOR on the format and content prior
to submission. In addition to the reports below, the AOR may request additional information to
contribute to the internal USAID project reviews.

(a) Program Reporting

The Recipient must submit a copy of each report required by this Agreement to the Agreement
Officer, the AOR, and the Development Experience Clearinghouse (DEC). Submission to the
DEC must be through the public-facing and searchable DEC Web site (http://dec.usaid.gov ).

(1) Annual Implementation Plan

The Recipient must work with USAID to develop annual implementation plans in concert
with other key USAID/Philippines partners, and are aligned to each USG fiscal year of
the agreement. The applicant will prepare a draft Year 1 implementation plan to be
submitted with its application. This draft will be finalized with the AOR within 45 days
upon completion of the co-development workshop. Subsequent annual implementation
plans will be submitted within 30 days before the start of the succeeding fiscal year. The
AOR will review and approve the plan within 15 days after receipt of the draft
implementation plan.

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The implementation plan must include, at a minimum:

- Proposed accomplishments and expected progress towards achieving


program results and performance measures tied to the Monitoring,
Evaluation and Learning (MEL) Plan
- Timeline for implementation of the year’s proposed interventions,
including target completion dates
- Information on how interventions will be put in place
- Gender Action Plan that will define how gender will be integrated in the
activity cycle
- Environmental Risk Mitigation Plan which will describe how
environmental compliance and climate risk management will be
integrated into activity interventions
- Personnel requirements to achieve expected outcomes
- Details of collaboration with other major partners
- Annual budget with estimates of projected monthly expenditures
- Plan for annual three-day pause-and-reflect workshops

(2) Monitoring, Evaluation and Learning (MEL) Plan

The MEL Plan must describe the agreed upon framework of goals, outcomes, and
outputs for the program, along with performance indicators, baselines and targets
defined for each, and sex-disaggregated where appropriate. The MEL Plan must describe
the evaluative work that the implementing partner will conduct for its own management
decision-making, institutional learning, and accountability purposes (see ADS 203.3.1,
as revised, for more detailed guidance).

During the first sixty (60) days after the award is made, the Recipient will work closely
with the USAID AOR to finalize its MEL Plan. The plan must identify specific
indicators for measuring the following aspects of the recipient’s performance:

· Progress toward meeting program objectives and sub-objectives; and


· Time frame for achieving these objectives and sub-objectives.

The Recipient will collaborate with the USAID AOR to review/update its MEL Plan, and
to monitor and report to USAID.

Both quantitative and qualitative indicators need to be developed and special attention
paid to data sources, collection methods, and data quality assessment.

Program monitoring and evaluation comprises an essential component of this cooperative


agreement for the following reasons:

- Informs USAID of progress;


- Enables detailed and on-going design of activities and sub-activities; and

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- Builds counterparts’ capacity to collect and analyze the data for sound
decision-making.

At a minimum, the MEL Plan must include the following:

 Automated and other methods used to gather, store, manipulate, summarize,


analyze, and/or report performance data.
 Procedures for regular communication with USAID regarding the status of
monitoring activities, including a means for early notification of problems.
 Means of addressing a discovered lack of progress or success. Procedures will
focus on learning from mistakes, analyzing them, and ascertaining the reason for
missteps.
 A learning and research agenda and how this agenda will help achieve activity
level results and contribute to national and international knowledge and learning.
 Information about all activities to be monitored under the MEL Plan. The list of
activities must be provided in a logical framework which:

- Links activities to Agreement results—both those dictated by USAID in the


program description and lower level or complementary results contained in
the Recipient’s approach.
- Describes assumptions being made about the relationship of the activity to
the Agreement result.
- Identifies the indicators against which progress is to be measured. Includes
methods to be used for monitoring.
- Provides an illustrative schedule for discrete monitoring activities tied to the
overall program implementation plan.

 Gender Considerations:

To the greatest extent possible, the Recipient should seek to include both men and
women in all aspects of this program including participation and leadership in e.g.,
meetings, training, etc. The Recipient must collect, analyze and submit to USAID
sex-disaggregated data and proposed actions that will address any identified gender-
related issues.

In order to ensure that USAID assistance makes the maximum optimal contribution to
gender equality, performance management systems and evaluations must include
gender-sensitive indicators and sex-disaggregated data when the technical analyses
supporting the Agreement demonstrates that:

- The different roles and status of women and men affect the activities to be
undertaken; and
- The anticipated results of the work would affect women and men differently.

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(3) Sustainability Plan

The Recipient will submit a sustainability plan for the project within the first 60 days of the
agreement. This plan should describe specific interventions that are expected to be sustained
after the Cooperative Agreement ends. The sustainability plan will be updated annually and
progress and updates to the implementation of the plan should be reported on quarterly and
annually as part of regular reports.

(4) Quarterly Performance Reports

The Recipient will submit quarterly reports that give insight into the progress of planned
activities. Such reports follow USAID fiscal quarters, i.e., Quarter 1 covers October-December;
Quarter 2 covers January-March; Quarter 3 covers April-June; Quarter 4 covers July-September.
The quarterly report is due within 30 days after the fiscal quarter’s end. In lieu of the fourth
quarter report, the Recipient will submit an Annual Progress Report (see below). During the
final year of implementation, the Recipient will continue to submit quarterly reports except for
the fourth quarter when, instead of an Annual Report, the Recipient will be required to submit a
Final Report (see below).

The narrative report will include qualitative and quantitative information describing activities
carried out and specific results achieved during the quarter. In addition, the narrative report will
indicate key implementation challenges encountered and how they were, or are planned to be,
resolved. To the extent where MEL Plan includes quarterly targets, this should be reflected in
the narrative report.

(5) Annual Progress Reports

The Recipient must submit an annual progress report within 30 days after the end of the fiscal
year to cover annual performance from the fiscal year. At a minimum, both quarterly and annual
progress reports will contain:

· Progress (interventions completed, benchmarks achieved, and performance standards


completed) made since the last report by region and province as applicable
· Problems encountered and whether they were solved or are still outstanding
· Proposed solutions to new or ongoing problems
· Success stories
· Security concerns
· Information on new opportunities for program expansion
· Qualitative data on program achievement and results
· Updated MEL Plan, as an attachment
· Documentation of the best practices that can be taken to scale
· Progress to date on sustainability, gender, climate risk management and environmental risk
mitigation plans
· Update on monthly expenditures for the quarter vis-à-vis annual budget

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(6) Closeout Plan

No later than six (6) months prior to the completion date of the agreement, the Recipient will
submit a close-out plan for the Agreement Officer (AO) approval. The close-out plan shall
include:

· Draft property disposition plan


· Plan for the phase-out of in-country operations
· Delivery schedule for all reports or other deliverables required under the agreement
· Timetable for completing all required actions in the close-out plan, including
submission date of the final property disposition plan to the AO.

(7) Final Report

The Recipient must submit, within ninety (90) days following the expiration of this cooperative
agreement, a detailed final report to the AOR, the Agreement Officer and other relevant
stakeholders. The final report will cover the entire period of the award and will include, but is
not limited to:

(i) executive summary;


(ii) overall description of the activities and methods of assistance used under the Program
during the period of this Cooperative Agreement, and the significance of these
activities;
(iii) brief description of the cumulative results towards achieving the program objectives
and the performance indicators, as well as an analysis of how the indicators illustrate
the program’s impact on the accomplishment of the program’s overall objectives;
(iv) an assessment of impact of the program in assisting USAID in meeting targets, as well
as any unmet targets and the reasons for them;
(v) section reporting on gender, sustainability and institutionalization, environmental
compliance and climate risk mitigation;
(vi) success stories;
(vii) discussion on the issues and problems that emerged during program implementation
and how they were overcome;
(viii) cost-effectiveness;
(ix) lessons learned; and
(x) recommendations for USAID’s future interventions.

The final/completion report shall also contain an index of all reports and information products
produced under this agreement.

Within ninety (90) days following the estimated completion date of this award, the Recipient
will submit one (1) original and two (2) copies of the Final Report to the AOR and one (1) copy
to the Agreement Officer. In addition, one (1) copy will be submitted to the Development
Experience Clearinghouse:

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· Electronically:

http://www.usaid.gov/results-and-data/informationresources/development-experience-
clearinghouse-dec

· By U.S. Postal Service delivery to:

U.S. Agency for International Development


Development Experience Clearinghouse
M/CIO/ITSD/KM
Ronald Reagan Building M. 01-010
Washington, DC 20523-6100

Note: For the Quarterly, Annual and Final Reports, the following essential bibliographic
information should be included on the cover page:

· Descriptive title;
· Author/s name/s;
· Award number;
· Recipient’s name;
· Development Objective; and
· Date of publication or issuance date of the report.

(b) Financial Reporting

(1) Quarterly Financial Report

The Recipient shall submit quarterly financial reports to USAID no later than ten (10) days prior
the end of each USG fiscal quarter. They should be disaggregated at the program area and
contain, at a minimum:
· Total award budget;
· Total award funds obligated to date;
· Total funds previously reported as expended by applicant by main line items;
· Total funds expended in the current quarter by budget line items;
· Total funds expended (actual plus estimated accrued) towards the end of the report period
· Total un-liquidated obligations by main line items;
· Unobligated balance of USAID funds;
· Estimated expenditures for remainder of year;
· Estimated expenditures for remainder of project;
· Estimated fund support per province; and
· Total obligated funds expended by main line items to date.

The Recipient must also submit the Federal Financial Form (SF-425) quarterly, no later than 30
days after the end of the quarter, via electronic format to the to the U.S. Department of Health
and Human Services (http://www.dpm.psc.gov). The Recipient must submit a copy of SF‐425 at

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the same time to the Agreement Officer Representative (AOR) and the Controller
(aidmnlrfsc@usaid.gov).

Electronic copies of SF-425 and instructions for using it can be found at:

http://www.whitehouse.gov/omb/grants/standard_forms/ff_report.pdf
http://www.forms.gov/bgfPortal/docDetails.do?dId=15149
http://www.whitehouse.gov/omb/grants/standard_forms/ffr_instructions.pdf

(2) Final Financial Report

Within 90 days following the estimated completion date of this award, the Recipient must
submit to the: (a) USAID/Washington, M/CFO/CMP-LOC Unit; (b) Agreement Officer (manila-
roaa-admin@usaid.gov); (c) Controller (aidmnlrfsc@usaid.gov); and (c) Agreement Officer
Representative (AOR), the final Federal Financial Form (SF-425)

(3) Foreign Tax Reports

Reporting of foreign taxes under this agreement shall follow the standard provision entitled
“Reporting Host Government Taxes (December 2014)” of this award document.

Host government taxes are not allowable where the Agreement Officer provides the necessary
means to the recipient to obtain an exemption or refund of such taxes, and the recipient fails to
take reasonable steps to obtain such exemption or refund. Otherwise, taxes are allowable in
accordance with the Standard Provision, “Applicability of 2 CFR 200 and 2 CFR 700
(December 2014),” and must be reported as required in this provision.

The Recipient must include this reporting requirement in all applicable sub-agreements,
including subawards and contracts.

F.4 PROGRAM INCOME

No program income is anticipated under this award. If the successful applicant is a non-profit
organization or Public International Organization (PIO), any program income generated under
the award will be added to USAID funding (and any cost-sharing that may be provided, if
applicable), and used for program purposes. However, pursuant to 2 CFR 200.307 Program
Income, if the successful Applicant is a for-profit or commercial organization, any program
income generated under the award will be deducted from the U.S. Government share of this
award to determine the amount of USAID funding.
Program income is subject to 2 CFR 200.307 for U.S. NGOs or the standard provision entitled
Program Income for non-U.S. NGOs.

F.5 BRANDING STRATEGY AND MARKING PLAN:

It is a federal statutory and regulatory requirement (see Section 641, Foreign Assistance Act of
1961, as amended and 2 CFR 700.16) that all USAID programs, projects, activities, public

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communications, and commodities that USAID partially or fully funds under a USAID grant or
cooperative agreement or other assistance award or sub-award must be marked appropriately
overseas with the USAID identity. In accordance with ADS 320.3.3 Branding and Marking
Requirements for Assistance Awards USAID’s policy is that programs, projects, activities,
public communications, or commodities implemented or delivered under co-funded instruments
– such as grants, cooperative agreements, or other assistance awards that usually require a cost
share – generally are “co-branded and co-marked.”

The Apparently Successful Applicant will be required to submit a branding strategy and marking
plan for the Agreement Officer approval prior to award. The applicant may request a
presumptive exemption to marking requirements established in 2 CFR 700.16. More information
on Branding strategy and Marking plan are available at
https://www.usaid.gov/branding/assistance-awards.

The branding strategy and marking plan will become a material element of the cooperative
agreement. Information on USAID’s branding “assistance” applies to this NOFO. ADS Chapter
320 sections concerning “acquisition” do not apply to this NOFO. ADS Chapter 320 can be
found on USAID website: http://www.usaid.gov/policy/ads/300/320.pdf.

When requesting a Branding Strategy and Marking Plan, the Agreement Officer will establish a
reasonable time frame for submittal, review, and negotiation. If the Apparently Successful
Applicant(s) fail(s) to submit or negotiate an acceptable Branding Strategy within the time
specified by the Agreement Officer, that/those applicant(s) become(s) ineligible for award.
The Agreement Officer will review the proposed Branding Strategy and Marking Plan for
adequacy to ensure that it complies with the Agency branding and marking guidance that can be
found at http://www.usaid.gov/branding/ and at http://www.usaid.gov/policy/ads/300/320.pdf .

Applicants need to include anticipated costs for branding strategy and marking plan in the
budget and describe these costs in detail to the degree possible in the budget narrative. The
Agreement Officer will ensure that any estimated costs associated with branding and marking
are included in the Total Estimated Amount of the grant or cooperative agreement or other
assistance award.

F.6 ENVIRONMENTAL COMPLIANCE:

1) The Foreign Assistance Act of 1961, as amended, Section 117 requires that the impact of
USAID’s activities on the environment be considered and that USAID include environmental
sustainability as a central consideration in designing and carrying out its development programs.
This mandate is codified in Federal Regulations (22 CFR 216) and in USAID’s Automated
Directives System (ADS) ADS 201 and ADS 204, which, in part, require that the potential
environmental impacts of USAID-financed activities are identified prior to a final decision to
proceed and that appropriate environmental safeguards are adopted for all activities. Applicant’s
environmental compliance obligations under these regulations and procedures are specified in
the following paragraphs of this NOFO.

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2) In addition, the recipient must comply with host country environmental regulations unless
otherwise directed in writing by USAID. In case of conflict between host country and USAID
regulations, the latter shall govern.

3) No activity funded under this award will be implemented unless an environmental


threshold determination, as defined by 22 CFR 216, has been reached for that activity, as
documented in a Request for Categorical Exclusion (RCE), Initial Environmental
Examination (IEE), or Environmental Assessment (EA) duly signed by the Bureau
Environmental Officer (BEO). (Hereinafter, such documents are described as “approved
Regulation 216 environmental documentation.”)

4) The Initial Environmental Examination (IEE) Number ASIA 20-093 (Annex 2 of this
NOFO) has been approved for the Activity funding this Cooperative Agreement and defines ce
terms and conditions for this award. It will cover program activities during the implementation
period. USAID has determined that a Negative Determination with conditions applies to one or
more of the proposed activities discussed in Program Description. This indicates that if these
activities are implemented subject to the specified conditions, they are expected to have no
significant adverse effect on the environment. The Recipient shall be responsible for
implementing all IEE conditions pertaining to activities to be funded under this award.

5) As part of its initial Implementation Plan, and all Annual Implementation Plans thereafter,
the Recipient, in collaboration with the USAID Agreement’s Officer’s Representative (AOR)
and Mission Environmental Officer or Bureau Environmental Officer, as appropriate, shall
review all ongoing and planned activities under this award to determine if they are within the
scope of the approved Regulation 216 environmental documentation.

6) If the Recipient plans any new activities outside the scope of the approved Regulation 216
environmental documentation, it shall prepare an amendment to the documentation for USAID
review and approval. No such new activities shall be undertaken prior to receiving written
USAID approval of environmental documentation amendments.
7) Any ongoing activities found to be outside the scope of the approved Regulation 216
environmental documentation shall be halted until an amendment to the documentation is
submitted and approval is received from USAID.
Applicants need to account for resources required for implementing and monitoring the
environmental compliance activities in the technical application and in the budget and describe
associated costs in detail to the degree possible in the budget narrative.

END OF SECTION F

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SECTION G – FEDERAL AWARDING AGENCY CONTACT(S)

G.1 Agency Point of Contact

Name: Béatrice M. Condé


Title: Supervisory Agreement Officer
Address: Regional Office of Acquisition and Assistance (ROAA), 3/F Annex 2
Building, U.S. Embassy Compound, 1201 Roxas Boulevard, Ermita
Manila, Philippines 1000
Email: manila-roaa-rfa@usaid.gov / bconde@usaid.gov

Any prospective Applicant seeking an explanation or interpretation of this NOFO must request it
in writing by the due date and time specified on the cover page of this NOFO in order to allow a
reply to reach all prospective Applicants before the submission of their Concept Paper. Oral
explanations or instructions given before award will not be binding. Any information given to a
prospective Applicant concerning this NOFO will be furnished promptly to all other prospective
Applicants as an amendment of this NOFO if that information is necessary in submitting
applications or if lack of it would be prejudicial to any other prospective Applicants.

Please note that only the Agreement Officer is authorized to make commitments on behalf of
USAID/Philippines.

END OF SECTION G

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SECTION H – OTHER INFORMATION

Applicants must be aware that the John S. McCain National Defense Authorization Act (NDAA)
for Fiscal Year 2019 (Pub. L. 115-232) precipitated changes to 2 CFR 200 and USAID Standard
Provisions for Non-US Nongovernment Organizations. As of August 2020, the changes must be
incorporated into any award that results from this NOFO. Below is the full text of the standard
provision for Non-US Nongovernmental Organizations.

Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment


(August 2020)

a. The Recipient is prohibited from using grant funds, including direct and indirect costs,
program income, and any cost share to:

(1) Procure or obtain;

(2) Extend or renew a contract to procure or obtain; or

(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services,
or systems that use covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system.

b. Telecommunication costs and video surveillance costs incurred for telecommunications and
video surveillance services and equipment such as phones, internet, video surveillance, and cloud
servers are allowable except for those referenced in paragraph a. above.

c. Definitions. The terms used in this provision have the following meanings:

(1) “Covered telecommunication equipment or services” as defined in Pub. L. 115-232, Section


889, means any of the following:

i. Telecommunications equipment produced by Huawei Technologies Company or ZTE


Corporation (or any subsidiary or affiliate of such entities).

ii. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video surveillance
and telecommunications equipment produced by Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any
subsidiary or affiliate of such entities).

iii. Telecommunications or video surveillance services provided by such entities or using such
equipment.

iv. Telecommunications or video surveillance equipment or services produced or provided by an


entity that the Secretary of Defense, in consultation with the Director of the National Intelligence

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or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned
or controlled by, or otherwise connected to, the government of a covered foreign country.

(2) “Covered foreign country” is defined in Pub. L. 115-232, Section 889 as the People’s
Republic of China.

(3) “Telecommunications costs” as defined in 2 CFR 200.1 means the cost of using
communication and telephony technologies such as mobile phones, land lines, and internet.

d. This provision must be incorporated into all subawards.

[END OF PROVISION]

Applications with Proprietary Data


Applicants who include data that they do not want disclosed to the public for any purpose or
used by the U.S. Government except for evaluation purpose, should mark the cover page with
the following:

“This application includes data that must not be disclosed, duplicated, used, or disclosed – in
whole or in part – for any purpose other than to evaluate this application. If, however, an award
is made as a result of – or in connection with – the submission of this data, the U.S. Government
will have the right to duplicate, use, or disclose the data to the extent provided in the resulting
award. This restriction does not limit the U.S. Government’s right to use information contained
in this data if it is obtained from another source without restriction. The data subject to this
restriction are contained in sheets {insert sheet numbers}.”
Additionally, the applicant must mark each sheet of data it wishes to restrict with the following:

“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of
this application.”

END OF SECTION H

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ANNEX 1 - STANDARD PROVISIONS

The actual Standard Provisions included in the award will be dependent on the organization that
is selected. The award will include the latest Mandatory Provisions for either U.S., non-U.S.
Nongovernmental organizations or Public International Organizations. (Note: the full text of
these provisions may be found at:
https://www.usaid.gov/sites/default/files/documents/1868/303maa.pdf ,
https://www.usaid.gov/sites/default/files/documents/1868/303mab.pdf , and
https://www.usaid.gov/sites/default/files/documents/1876/308mab.pdf )

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ANNEX 2- INITIAL ENVIRONMENTAL EXAMINATION

Asia 20-093

REQUEST FOR CATEGORICAL EXCLUSION (RCE)

Project/Activity Data:
Project/Activity Name: Promoting Just, Engaged, Civic-minded And Transparent
(PROJECT) Governance in the Pacific
Amendment (Yes/No), if Yes indicate # (1, 2…): No
Geographic Location(s) (Country): Pacific Islands
Implementation Start Date: o/a January 14, 2021
End Date: o/a January 13, 2026
Bureau Tracking ID:
Tracking ID of Related RCE/IEE:
Tracking ID of Other, Related Analyses (if any):

Organizational/Administrative Data
Implementing Operating Unit(s): USAID Philippines, the Pacific Islands and Mongolia
Total Estimated Cost: $20 Million

Environmental Compliance Review Data

Environmental Determination(s):

Categorical Exclusion: [ X ] Negative Determination with Conditions: Positive


Determination: [ ] Deferral:
RCE Expiration Date: January 13, 2026

Additional Analyses/Reporting Required


Climate Risk Rating(s): Low __X____ Moderate __________ High _____

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ANNEX 3

A Summary of the “Democracy, Human Rights, and Governance in 12 Pacific Islands


Countries” Assessment Report

Papua New Guinea

Gender is the most pervasive cleavage in Papua New Guinea (PNG), the largest and most
populous nation among the PICs. Male violence against women is pervasive and women are
significantly underrepresented in formal and informal decision-making structures. Women’s
empowerment is undermined by strong male-dominated cultural norms that gloss over gender-
based violence and ascribes a lower status for women in terms of health, education, employment
and economic participation. Matrilineal tribes, such as those in Bougainville, exist but modern
trends—like Bougainville’s armed factions, for example, or religious interpretations of gender
roles—have eroded the authority of women leaders and traditional institutions.

Freedom House rated PNG as partly free with a total score of 62/100, broken down into 23/40 on
the realization of political rights and 39/60 on the realization of civil liberties. While the
political system in PNG is relatively stable, political competition is non-ideological, and loyalties
are either weak or evanescent. While parties stand for election, voters tend to vote for individuals
based on kinship or ethno-linguistic affiliation. Candidates are voted into office with the
expectation that they will direct the wealth of the state back to his or her relatives, kin, and
language group. Money politics is everything, from the way elections work (candidates typically
pay voters for their votes) to the way governments distribute largesse. Money politics is
institutionalized and most visible in the form of Electoral Development Funds which are
provided by the government to members of parliament (MPs) and spent in accordance with the
latter’s wishes instead of being channeled to government agencies responsible for providing
basic services. As a result, government services are seriously underfunded and neglected while
politicians lavish money on their core bases of support. Corruption is also a key barrier to good
governance in PNG, particularly in the resource industry, State Owned Enterprises and service
delivery.

The conduct of elections varies widely across this diverse country, with careful attention to
proper process in some areas and widespread malpractice in others. Elections in PNG have been
occasions of violence, especially in the Highlands, and are also noted for poor electoral practices.
For example, the electoral rolls are notoriously inaccurate, with scores of thousands of voters
omitted and thousands of non-voters included. Secret voting is inadequately enforced, and
women are frequently forced to vote for candidates preferred by male household heads or clan
leaders.

PNG has many civil society organizations (CSOs), predominantly associated with church groups,
involved in all sectors of national development, including community development, human
rights, gender, youth issues, good governance and transparency, environmental protection,
education, health, food security, poverty alleviation, domestic violence and family welfare.
Transparency International has an established chapter in the country. Ad hoc regional or

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national level forums do provide the opportunity for citizens to express their views and opinions.
The Consultative Implementation and Monitoring Committee (CIMC), for example, facilitates
and convenes forums at both regional and national levels for citizens to critique government, as
well as to share experiences and learn from each other. Additionally, the press is relatively free
and freedom of access to information is embodied in the constitution. Civil society engagement
with the government nevertheless remains limited, especially in remote or rural areas, where
there is little government presence.

The PNG judiciary is considered independent and free and includes the establishment of village
courts to broaden access to justice, promote peace and good order, and to deal with minor
crimes. Currently there are over 1,600 village courts and over 16,000 village court officials.
PNG also has a legal aid program under the Office of the Public Solicitor which provides free
legal assistance on civil and criminal matters to those who are unable to afford a private lawyer.
Capacity and resource constraints, however, hamper the delivery of justice. Fixed term
appointments for judges, including the Chief Justice, arguably also open the judiciary up to
political influence. The 7,000 or so members of the Royal Papua New Guinea Constabulary
(RPNGC) provide policing in PNG. There have been numerous complaints made against the
RPNGC in terms of police brutality, abuse, and violence.

PNG’s National Youth Policy defines youth as individuals aged between 12 and 25 and more
than half of the country’s population belong to this category. This youth bulge deserves careful
consideration in development programming as it can either threaten PNG’s future development
and stability or present opportunities. PNG has adopted various measures to realize the rights of
persons with disabilities (PWD). These include ensuring that the Government’s vision
encapsulates inclusive participation of and the protection of the rights of PWD in the Vision
2050 and other national development plans and policies. The binary division of sex as either
male or female permeates all social interactions in PNG society. The LGBTI people are,
therefore, not widely accepted and face widespread discrimination because of cultural norms and
Christian influence.

The Australian Government is by far the largest source of aid for PNG and will provide an
estimated $396 million14 in total ODA to PNG in 2019-20. This will include an estimated $334
million in bilateral funding. Key objectives of the Australian aid program are promoting
effective governance, enabling economic growth and enhancing human development. New
Zealand on the other hand provides about $ 22 million for 2019-2020. 15 Key objectives of
New Zealand’s aid program are to promote a more secure and safe Papua New Guinea; reduce
inequality alongside growing the economy; and improve governance. The European Union (EU)
and Japan are also significant donors.

Aid from PRC consist primarily of concessional loans, and it is difficult to determine the extent
of the concessional element in these loans or whether they should be regarded as aid at all. In
2017 the PNG Government signed a series of memorandums of understanding with the Chinese
Government and the China Railway Corporation to undertake three major infrastructure projects

14 All amounts are in US dollars


15 https://www.mfat.govt.nz/en/aid-and-development/our-approach-to-aid/where-our-funding-goes/our-planned-aid-
expenditure/

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focusing on roads, water supply, and agriculture. These projects are financed by loans worth a
total of $3.5 billion, equivalent to one-quarter of PNG’s gross domestic product.

Republic of Fiji
Fiji has confronted destabilizing questions of national identity since the 1980s. Independent since
1970, the country has experienced three coups – in 1987, 2000 and 2006 – the most recent
leading to eight years of military rule. The present government, initially installed in a coup in
2006, has made strong efforts to create a coherent sense of national identity in a country with a
major ethnic cleavage primarily between indigenous Fijians and Indo-Fijians. Today, Fiji is
more modernized, sophisticated and urbanized than many of its Pacific neighbors and is
considered a relatively strong state with effective delivery of government services.

Despite the comprehensive protection of civil and political rights in Fiji’s 2013 Constitution, it is
rated by Freedom House only as partly free with a total score of 60/100, broken down into 24/40
on the realization of political rights and 36/60 on the realization of civil liberties. Fiji is best
described as a “constrained democracy,” in which people are free to vote but the specter of
another coup is always present. The current Constitution provides the Republic of Fiji Military
Forces (RFMF) a constitutional justification for intervening in times of crisis. The COVID-19
pandemic has closed the tourist industry that is a major source of national income and
employment and introduced an illness that might be beyond the management capabilities of the
country’s health system. The Fiji government has passed a response budget, at one time placed
the country’s two largest cities under lockdown and imposed a nationwide curfew.

Since the restoration of democracy in 2014, Fiji’s elections are well conducted by the Fiji
Elections Office, and various observer missions have not identified irregularities of any
significant scale. Political parties, however, have raised allegations that elections have not been
conducted transparently, noting the often uneven playing field when it comes to campaigning
and the use of government resources as a form of campaigning. 16 The national government has
weakened the provincial and municipal councils and diminished downward accountability by
putting them under the control of government-appointed administrators rather than popularly
elected leaders.

While the judiciary is functional and safeguards for its autonomy is embodied in the 2013
constitution, questions on whether it is truly independent remain. On the plus side, the Fijian
government has expanded its partnership with the European Union and Australian Aid around
the Access to Justice Program, giving disfranchised Fijians greater access to legal aid. Other
measures such as the first hour procedure 17 have been implemented to ensure that persons
charged by police have access to lawyers within 24 hours of their incarceration. In addition to
these measures, the Fiji government has ratified the Convention Against Torture and conducted a
range of human rights in policing training to address the issue of brutality, torture, and excessive

16 https://www.rnz.co.nz/international/pacific-news/375657/bainimarama-makes-final-appeal-ahead-of-fiji-vote see
also blogs from an Academic https://narseyonfiji.wordpress.com/2014/09/25/far-from-free-and-fair-another-victory-
for-treason-lies-deceit-money-and-the-culture-of-silence-25-sep-2014/
17 FBC: https://fijivillage.com/news/First-hour-procedure-reduces-allegations-of-ill-treatment-and-an-attitude-change-
in-the-Fiji-Police-Force---Ali-52s9rk/

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use of force. Under Fiji’s state of emergency from the COVID 19 outbreak, the Fiji Police beefed
up their operations in imposing lockdowns and curfew orders.

The Fiji government continues to apply what appears to be good governance principles including
consultations on national development issues and on the annual budget. However, there are
concerns of executive interference into governance practices. In 2016, Parliamentary Committee
rules were amended to allow government nominees to become the Chair of the Public Accounts
Committee. 18 For 40 years, PAC has always been chaired by the Opposition providing scrutiny
on government expenditures. 19 Government budgets have also been heavily criticized by the
Opposition for their lack of transparency 20 and consultation including the recent COVID 19
supplementary budget. Fiji has an Information Act which facilitates the right of access to
information held by government and public agencies and the media is largely able to cover issues
of public interest. There are concerns, however, that media outlets friendly to the government
are favored. Current legislation is also reported to inhibit CSOs from criticizing government
policy and decisions. The heavy-handed nature in which the press is dealt with has sent a
chilling effect to many media practitioners.

Domestic violence and gender-based violence occur at a high rate in Fiji. A Fiji Women’s Crisis
Centre study indicated that 64% of Fijian women experience intimate partner violence while
72% of women and girls experience general violence. Fiji has launched a national strategy
under the Ministry for Women to prevent violence against women and girls and undertook a
performance audit on the coordination of actions to eliminate violence against women (the report
is available here 21). The government in collaboration with strong women- and rights-based
CSOs have also taken considerable step to ensure gender equality and parity within government
and private sector. Sex and gender are prohibited grounds for discrimination in Fiji. The Fijian
government has adopted a range of measures to support persons with disabilities (PWD)
including the operationalization of the Convention on the Rights of Persons with Disabilities
(CRPD) via the Rights of Persons with Disabilities Act of 2018, and the allocation of a robust
budget following the strong advocacy of disabled peoples’ organizations. Fiji’s 2013
Constitution prohibits discrimination on the grounds of gender, gender identity and expression
and sexual orientation. Many strong and vocal LGBTI advocacy groups are based in Fiji and use
their platforms to advocate for issues affecting their community.

Australia and Fiji share a strong and enduring bilateral relationship. The Australian Government
is providing an estimated $58.8 million in total ODA to Fiji in 2019-20. This includes an
estimated $35.0 million in bilateral funding to Fiji managed by the Department of Foreign
Affairs and Trade. (DFAT). This figure does not include Prime Minister Morrison's recently
announced Pacific initiatives. 22 New Zealand’s development cooperation 23 has significantly

18 http://nfpfiji.com/nfp-leader-voted-out-as-chair-of-public-accounts-committee/
19 https://fijisun.com.fj/2016/05/12/new-pac-chairman-today/
20 https://www.rnz.co.nz/international/pacific-news/392616/fijians-left-behind-in-bainimarama-boom-budget-warns-
opposition and http://pina.com.fj/?p=pacnews&m=read&o=18627336495d096640ef2f022b4871
21 http://www.oag.gov.fj/wp-content/uploads/2019/09/PP-No-129-of-2019.pdf
22 https://www.dfat.gov.au/geo/fiji/development-assistance/Pages/development-assistance-in-fiji
23 https://www.mfat.govt.nz/assets/IATI-PDFS/PACMM/Development-Cooperation-Fiji.pdf

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increased since the restoration of diplomatic relationship with Fiji under the Pacific Reset
initiative 24.

Fiji and the PRC began diplomatic relationship in 1975 with a renewed strengthening of
relationship since the military coup of 2006 and with expanded assistance through Beijing’s Belt
and Road initiative. 25 This was further strengthened by Fiji’s Look North Policy 26. There have
also been very high-level Chinese government visits to Fiji and vice-verse including the visit of
President Xi Jinping in 2014. 27

Solomon Islands
As in PNG, people’s sense of identity is far stronger towards kin, locality, and language than to
the nation. The political system in the Solomon Islands is characterized by lack of party
discipline and ideology, powerful and overriding loyalties to kin, and the ineffectiveness of
government in general. The political instability in the Solomon Islands from 1998 to 2003 was
the most prolonged period of government breakdown anywhere in the Pacific Islands, and the
only case of sustained regional intervention (2003-2017) prompted by the country’s decline into
a situation that resembled a failed state.

Solomon Islands has three tiers of government: national, provincial, and local. There is only one
local government, the Honiara City Council. Each of the nine provinces has a Provincial
Assembly. Provincial governments are mandated to provide a wide variety of services including
health, education and housing, but in practice the delivery of these services is poor. Patronage
politics is prevalent. Government funds are paid directly to members of parliament in the form
of Constituency Development Funds to be spent by them on their constituents, a system that is
working poorly overall. Melanesian custom dictates the primacy of kin obligations, broadly
construed, in the business of politics. The local MP is seen as the ‘government’ whether he is in
government or opposition, and is expected to act like a ‘chief’ by responding to the tiniest
problems of his constituents. In the age of the mobile phone constituents call their MP on
anything and everything. They call for assistance with funeral expenses of dead relatives,
assistance with school fees, to attend a wedding, to follow up on their project application, to
attend a meeting on the local hospital project, or just to ask for “top up”’ of phone credit.

The 50 MPs are chosen by first-past-the-post voting in 50 constituencies. Elections are well
conducted, but the aftermath, when a government is formed, often produces unrest. The weakness
of political parties in Solomon Islands breaks the link between voting and the formation of
government. Voters elect individuals, who then make themselves available at a price to join
factions seeking to form a government, making the outcome unpredictable. Potential supporters
are attracted with promises and bribes until a workable majority is created. The formation of
government is often a flashpoint in the capital city Honiara. The declaration of an unpopular new
prime minister in 2006 led to a major riot and the dispatch of troops and police from Australia,
New Zealand, and Fiji. Similar events, though less dangerous, followed the emergence of

24 https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12208033
25 https://www.fbcnews.com.fj/news/fiji-china-relations-hit-a-new-high-of-development/
26 https://www.wgtn.ac.nz/chinaresearchcentre/programmes-and-projects/china-symposiums/china-and-the-pacific-
the-view-from-oceania/24-Lyu-Guixia-Chinas-Development-Aid-to-Fiji-Motive-and-Method.pdf
27 https://www.abc.net.au/news/2014-11-22/chinese-president-xi-visits-fiji-to-strengthen-economic-ties/5911144

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Manasseh Sogavare as prime minister in April 2019. Both riots were anti-Chinese, reflecting
popular resentment of the dominance of the Chinese in the small store sector.

Solomon Islands’ civil society organizations focus on specific sectors and on broader cross-
sectoral issues focusing on social justice-related objectives. Around 68 non-governmental
organizations (NGOs) are currently registered with the Pacific Islands Association of Non-
Governmental Organizations. The formation, functioning, and regulation of NGOs in Solomon
Islands is governed by the Charitable Trust Act”. 28 Today, civil society in the Solomon Islands
encompasses church groups, customary landowning groups, civic groups, women’s
organizations, disability groups, agricultural or farmers associations, environmental groups,
community and youth organizations, sports clubs, trade unions, and advocacy and governance
groups. The church is a large and important component of civil society in Solomon Islands. The
services offered by the national government do not reach far outside of Honiara and the churches
play an important role in providing services to the rural populace. The churches are particularly
active in providing services in education and training, health, and youth issues. Transparency
International has an established office in the Solomon Islands.

The Solomon Islands judiciary is considered independent and free. It is a four-tier system
comprising the Court of Appeal as the final appeal court, the High Court as the court of original
and unlimited jurisdiction, the magistrate court, and the local court comprising customary lands
court. The Royal Solomon Islands Police Force (RSIPF) is responsible for the maintenance of
law and order since the departure of the Regional Assistance Mission for the Solomon Islands
(RAMSI).

Violence against women is a serious issue impeding the rights of women in the Solomon Islands.
The most recent prevalence study in 2014 found persistently high levels of violence with 64% of
women experiencing intimate partner physical and/or sexual violence. Women’s empowerment
is stymied by low levels of education and literacy, limited opportunities to earn an income or
own assets, as well as experience of physical and/or sexual violence. Vulnerability to health
issues exposes women to lower levels of well-being and overall lower status compared to men.
This situation is compounded by cultural norms that impede women’s right to enjoy equal
dignity and realize their full potential. Few women are represented in Parliament, with three out
of 50 being elected 2019. A multi-sectoral effort supported by the international community is
working to implement a work plan around three major policies, namely: the Gender Equality and
Women’s Development Policy; Eliminating Violence Against Women and Girls Policy; and the
National Action Plan for Women, Peace and Security.

The 2009 Solomon Islands National Population and Housing Census reports that 14% of the total
population, or 72,222 people, live with a disability. While Solomon Islands has not ratified the
CRPD, they are working on ensuring a conducive environment for rights of persons with
disabilities (PWD). The Solomon Islands Penal Code criminalizes same sex relationships.
Although data from the U.S. State Department indicated no reports of prosecutions for LGBTI
people in recent years, there is no discernible political will to recognize LGBTI rights.

28 Pacific Community, 2016:118

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Solomon Islands, like the PICs, is a signatory to the U.N. Convention Against Corruption and
has a standalone piece of anti-corruption legislation 29 while other key legislation includes the
Whistle-blower Protection Act 2018 30and the Leadership Code Act 31 and other subsequent
amendments. The Public Financial Management Act 2013 (PFMA) provides for the control and
management of the public finance of Solomon Islands. It promotes transparency and
accountability, increased fiscal monitoring, reporting and tighter regulation of procurement and
the use of public resources. The Political Parties Integrity Act (PPIA) 2014 was enacted to
improve the registration, administration, operation and promotion of integrity within political
parties.

Australia has a deep and longstanding relationship with Solomon Islands. Australia is the largest
provider of Official Development Assistance (ODA) to Solomon Islands, providing almost two
thirds of overseas aid in 2016-17. In 2019-20, total Australian ODA to Solomon Islands will be
an estimated $174.4 million. Of this, DFAT will manage an estimated $122.3 million in bilateral
funding. 32 The Solomon Islands is also New Zealand’s largest bilateral program. The other large
donors include Japan, Taiwan, and the EU. Recently accorded diplomatic recognition, the PRC is
expected to increase its presence.

Republic of Vanuatu
Vanuatu is a country with ‘exceptional linguistic density’, with 138 vernacular languages spoken
by a population of fewer than 300,000. Vanuatu’s political system resembles those of PNG and
Solomon Islands, and is characterized by loyalty to kin, weak parties and patronage. Vanuatu
has Constituency Development Funds of US$24,576 a year paid directly to each MP. In 2018,
the country extended the system to local government councilors, who each receive $US8,192 for
development purposes. Vanuatu has been politically volatile since independence in 1980 with
constant motions of no confidence filed against the government. Up to 2015, about 37 motions of
no confidence had been filed against the government. It is noteworthy however that the most
recent government has just gone a full four year term and there was a smooth transition of power
following a well-run election. Transparency International states that the political instability
creates a vulnerable environment where corrupt acts can spread with nepotism, bribery, and
misappropriation. Vanuatu has the distinction of being the only Melanesian country to have
sentenced a number of elected legislators to prison – 14 in all – after they were found guilty of
bribery in 2015. They were subsequently barred from public office for ten years. 33

The churches, as the most effective grassroots organizations in Vanuatu, are active at the
community or household level but less so at a national level. At the household or community
level churches are active in providing services in water and sanitation, vocational training,
education, and health. They are active in educating the population on urbanization, the misuse of

29 http://www.parliament.gov.sb/files/legislation/Acts/2018/Anti-Corruption_Act_2018.pdf
30 http://www.parliament.gov.sb/files/legislation/Acts/2018/Whistleblowers_Protection_Act_2018.pdf
31 https://publicofficialsfinancialdisclosure.worldbank.org/sites/fdl/files/assets/law-library-
files/Solomon%20Islands_Leadership%20Code_1999_EN.pdf
32 https://www.dfat.gov.au/geo/solomon-islands/development-assistance/Pages/development-assistance-insolomon-
islands
33 Forsyth, M & Batley, J 2016, 'What the Political Corruption Scandal of 2015 Reveals about Checks and Balances in
Vanuatu Governance', Journal of Pacific History, vol. 51, no. 3, pp. 255-277.

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kava and other drugs, and on HIV/AIDS. Today, there are a range of CSOs in Vanuatu, both
formal and informal. At the village level, there are unincorporated associations formed by the
community for the purposes of sport, agriculture, and pursuit of religion. These unregistered
groups are usually women’s groups, youth groups, or other community governance groups
established for a specific purpose (such as a water supply committee). The more structured or
formalized groups include NGOs (registered as charitable associations), churches, trade unions,
or foreign organizations given approval to operate in Vanuatu. In 2016, there were 126
organizations registered with the NGO Desk, which was set up under the Ministry of Internal
Affairs in the same year.’ 34

The Vanuatu Judiciary is independent and structured with the Court of Appeal being the final
appeal court. The Supreme Court is a court of original and unlimited jurisdiction while the
Magistrates court serves as the lower court. The Vanuatu judiciary has an active website that the
public can readily access to be updated on court matters and process. 35 Over the years the
judiciary has made landmark rulings including the imprisonment of 14 MPs, including the
Speaker and the Deputy Prime Minister, for corruption. 36

Women in Vanuatu experience multiple forms of violence. Prevalence rate of lifetime physical
and/or sexual intimate partner violence is 60%; lifetime non-partner sexual violence is 33%; and
child marriage is 21%. 37 Harmful customs such as the payment of a “bride price” are often
associated with property and ownership, which enable husbands to use this as justification for
violating their wives. Women’s empowerment is often intertwined with gender-based violence,
health status, education, employment, and economic participation. In 2013, the Municipalities
Act was amended to include a 30% quota for women’s representation in all municipal councils
resulting in women councilors elected into the various municipalities. However, there are
currently no female MPs in the national parliament.

Vanuatu’s census found that 12% of the population reported having a disability. The
government, in consultation with DPO’s and disability stakeholders, is taking progressive steps
to implementing the CRPD. Measures include the endorsement of Vanuatu’s National Disability
Inclusive Development Policy (NDIDP) 2018-2025 which provides Government’s strategic
interventions towards realizing the rights of persons with disabilities (PWD). Although general
human rights protections exist under its Constitution, Vanuatu lacks specific laws and policies
for the protection of LGBTI rights in relation to gender identity and sexual characteristics in
employment, education, health care and housing. Specific legislations to protect LGBTI rights
around hate crimes and violence on the basis of sexual orientation are lacking as well.

Freedom House rated Vanuatu as free with a total score of 82/100, broken down into 33/40 on
the realization of political rights and 49/60 on the realization of civil liberties. Vanuatu’s 1980
Constitution provides the legal framework for governance and the rule of law. Its comprehensive
Bill of Rights provisions promote and protect various fundamental rights and duties of all
individuals. The Constitution also guarantees the enforcement of fundamental rights by

34 Asian Development Bank Civil Society Brief Vanuatu, 2017.


35 https://courts.gov.vu/
36 https://www.bbc.com/news/world-asia-34600561
37 https://evaw-global-database-unwomen.org/en/countires/oceania/vanuatu

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providing legal recourse to the Supreme Court in the event of an infringement of a protected
right. It does not, however, have a Paris Principle compliant National Human Rights Institution
(NHRI).

Vanuatu established its National Integrity and Anti-Corruption Committee (NIAC) in 2016 with
the core function of ensuring the implementation of priority objectives identified under the
country’s commitment to the United Nations Convention Against Corruption (UNCAC). The
Committee is made up of representatives from across government and is mandated to establish
linkages with NGOs and other sectors to address corruption in Vanuatu. The Government has
strengthened the Office of the Ombudsman through an increase in funding. The Government has
also made considerable efforts in enforcing the Leadership Code Act (LCA) through greater
awareness including talk-back shows on national television and radio as well as presentations to
municipal councils on the LCA with the aim of encouraging reporting of breaches of the Act and
other maladministration by public officials and leaders.

The implementation of the Decentralization Act and the Decentralization Policy 2017-2027
brings the government closer to the people by providing citizens with greater control over
decision-making processes and allowing their direct participation in public service delivery. The
Policy’s core objectives include devolving decision-making authority, functions and resources in
order to improve efficiency and effectiveness in the delivery of services, design and implement
mechanisms to ensure a “bottom up” flow of integrated development planning and budgeting
from the Area Councils (ACs) to the national government; enhance political and administrative
authority in order to effectively and efficiently deliver services to the community.

Australia is Vanuatu's largest development partner, providing approximately 39 per cent of total
ODA to Vanuatu (excluding the PRC which does not publish ODA figures) to support economic
growth, stability and poverty reduction. The Australian Government will provide an estimated
$66.2 million in total Official Development Assistance (ODA) to Vanuatu in 2019-20. New
Zealand is the second-largest contributor of Official Development Assistance (ODA). Total
New Zealand development assistance to Vanuatu for the last triennium (2015– 2018) was $61.1
million. In 2006, Vanuatu received a $66 million grant from the Millennium Challenge
Corporation to reduce poverty and stimulate economic growth. The UNDP-led Vanuatu Electoral
Environment Program, which is about to begin its second stage, focuses on improving capacity
of Vanuatu’s electoral bodies and improving legislative framework for elections and includes a
significant civil education component. Recently, Japan announced that it was increasing its aid
to Vanuatu. Japan has spent more than $100 million in Vanuatu in the past decade. 38

Vanuatu is particularly close to Beijing and in 2016 became the first country in the world to publicly
support the PRC’s position on territorial and maritime disputes in the South China Sea, following a direct
request from Beijing to do so. In February 2020, Beijing highlighted its cooperation and support to
Vanuatu which included infrastructure developments through the Belt and Road initiative,
scholarships to study in the PRC and the teaching of Mandarin in schools. 39

38 https://www.beltandroad.news/2020/02/02/japan-ramps-up-aid-to-vanuatu-as-chinas-attention-to-island-grows/
39 https://dailypost.vu/news/vanuatu-and-china-reflect-on-achievements-reaffirm-relations/article_2f286098-3b0b-
11ea-8149-2701926d9873.html

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Kingdom of Tonga
Tonga has a strong sense of national identity drawn from popular loyalty to the monarchy and
pride in a unique history but also has a recent history of brief urban unrest. Ethnic diversity is
low and national cohesion usually high. Mostly stable politically, Tonga nevertheless
experienced a major riot in the capital Nuku’alofa in 2006. The riot was related to long-standing
dissatisfaction with the government over corruption and progress towards democracy, and
prompted the dispatch of troops and police from Australia and New Zealand at the government
of Tonga’s request to restore order. 40 The unrest hastened Tonga’s move towards a more
democratic version of its constitution in 2010. Tonga has a single indigenous language, Tongan.
Freedom House rated Tonga as free with a total score of 79/100, broken down into 30/40 on the
realization of political rights and 49/60 on the realization of civil liberties

The Kingdom of Tonga was democratized through changes to the constitution in 2010 after a
long struggle by the pro-democracy movement. King George Tupou V announced in 2008 that
he was willing to surrender his powers to an elected prime minister. The country’s
democratization is an ongoing process. Tonga is divided into 17 single-member constituencies
for the people’s representatives and five multi-member constituencies for the nobles’
representatives. Voting follows the first-past-the-post system. Since 2010 there have been 17
commoner representatives in the Legislative Assembly and nine representatives of the country’s
hereditary nobles, giving the commoners a majority. There were only eight women in the
Tongan Parliament altogether between 1951 to 2017. Tonga’s local government takes the form
of district and town officers elected every three years in local elections. They are responsible for
village and district activities, and they report to the Ministry of Internal Affairs. Tonga is a recent
signatory to the UNCAC but the country has not yet established an anti-corruption commission.

Civil society in Tonga is diverse and active. The Civil Society Forum of Tonga has more than
80 organization members to date with numerous formal and informal CSOs working across a
range of sectors, in particular women’s rights, disability services, environment, youth services,
primary service delivery (health, education, and sanitation), counselling, advocating for human
rights and the rights of marginalized people, and monitoring of government and other groups.

Tonga is committed to eliminating violence against women. The Family Protection Act (FPA)
2013 came into force in July 2014 seeking to criminalize domestic violence while providing
judicial remedies to address violence such as protection orders, clarify duties of the police and
promote the health, safety and well-being of victims of domestic violence and related matters.
Implementation of the FPA, however, has been challenging due to the lack of resources and
capacity among others. Child marriage remained a concerning issue. Girls were often forced by
their parents to marry and in certain cases teenage pregnancy was involved. In other cases, girls
were forced into marriage simply because they had been seen with boys. Forced marriage of
girls results in an increased risk of domestic violence, including marital rape and emotional
abuse, as well as children leaving school early, which deprived them of their right to education.

The Tongan Government introduced the Tonga Strategic Development Framework 2015-2025
and one of the seven national outcomes is for a more inclusive sustainable and empowering

Pacific Islands and Timor Leste’, in James Cotton and John Ravenhill, eds., Middle Power
40 Stewart Firth, ‘Australia, the
Dreaming: Australia in World Affairs 2006-2010, Oxford University Press, Melbourne, 2011, pp. 147-164.

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human development with gender equality. Women are being increasingly represented in
managerial and higher administrative positions in both government and private sectors. Since
2013, 13 women have held or are currently holding Chief Executive Officer positions in
government. Others still have leadership positions in diplomacy, business, and regional and
international organizations. Tonga, however, presently has only two women MPs out of the 26-
member parliament. Tonga has not yet acceded to the Convention to Eliminate All Forms of
Discrimination Against Women (CEDAW).

Tonga has vibrant youth groups dealing in a range of youth issues including youth employment
and leadership etc. 41 Youth crimes are concerning with many young people serving prison terms
in adult prisons. The Tongan police and armed forces 42 have been a subject of complaints for
brutality and excessive use of force. Tonga at this point, however, has not established a national
human rights institution because of resource and capacity constraints. However, the government
has strengthened a few key institutions to address human rights issues. In 2016, Parliament
passed an amendment to the Commissioner for Public Relations Act 2001 renaming the
Commissioner of Public Relations to an Ombudsman. The Parliament also passed the Anti-
Corruption Commissioner Act which establishes the office of the Anti-Corruption Commissioner
and defines its functions and powers, 43 though there have been calls for more independence 44
and the actual implementation of the Act.

The Ministry of Internal Affairs has established a social protection and disability division to
develop social protection policies and schemes to support vulnerable people including those with
disability. But concerns have been raised on the weak legal regimes to ensure better access for
persons with disabilities to health, education, employment, public places, transport and
information. A 2013 study by UNFPA titled, A Deeper Silence, notes that women with
disabilities suffered numerous challenges and were particularly vulnerable to sexual and gender-
based violence. The report notes that, “population attitudes towards people with disabilities are
generally negative and poorly informed. Homosexuality is illegal in Tonga and carries a
maximum penalty of ten years’ imprisonment, but the country has an active LGBTQ community
and the law is not enforced.

The Freedom of Information (FOI) Policy was approved by the Tongan cabinet in 2012. While
generally the media is free in Tonga, the relationship between the government and the
government-owned public broadcaster, Tonga Broadcasting Corporation, has been strained. 45
Moreover, Section 96 of the Communications Act (2015) grants to the Ministry of Information
and Communications the power to censor, subject to the approval of the Minister, licensees.
Self-censorship is compounded by the fact that defamation is a criminal offence under the
Defamation Act which is punishable by a fine or imprisonment.

41 https://www.queenscommonwealthtrust.org/projects/tongayouthleaders/
42 https://www.abc.net.au/radio-australia/programs/pacificbeat/tonga-alleged-military-brutality/10569930
43 https://ago.gov.to/cms/images/LEGISLATION/PRINCIPAL/2007/2007-0013/Anti-
CorruptionCommissionerAct2007_2.pdf
44 https://www.rnz.co.nz/international/programmes/datelinepacific/audio/201820416/independence-needed-around-
tongan-anti-corruption-appointment
45 https://ifex.org/tonga-wrongful-dismissal-case-will-clarify-role-of-public-broadcaster/

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Under the Australia-Tonga Aid Partnership (2016-19), the Australian Government will provide
an estimated $18.1 million in total Official Development Assistance to Tonga in 2019-20,
focusing on economic reform, private sector development, health and skills development. On the
other hand, the Tonga-NZ relationship is built on 50-year diplomatic relations which is
underpinned by the large number of New Zealanders of Tongan descent living in New Zealand,
and Tongans with connections to New Zealand. 46 NZ’s Aid to Tonga for 2019-2020 is $14
million47 and will focus on a) supporting governance institutions in Tonga, to promote stability
and prosperity; b) supporting the Tongan public sector’s ability to deliver high-quality services
and better outcomes for Tongan communities and c) assisting Tonga to build a strong and
resilient economy.

Samoa
Samoa, the first Pacific Islands country to gain its independence (1962), has probably the
strongest sense of national identity in the region. Ethnic diversity is low and national cohesion
high. In the spirit of their Polynesian culture, the Samoans embraced democracy in a traditional
way, restricting the vote to matai (chiefly heads of families) from independence until 1991 and
continuing to this day to require that only matai may stand for election and enter Parliament.
Samoa has extraordinary political stability, having been governed by the same political party, the
Human Rights Protection Party, since the 1980s and by the same prime minister, Tuila‘epa
Sailele Malielegaoi, since 1998. Samoa has a single indigenous language, Samoan. The state is
comparatively strong and effective in Samoa, with widespread trust in government and pride in
being Samoan. In 2019, Samoa was ranked by Freedom House as free with a total score of
81/100, broken down into 30/40 on the realization of political rights and 51/60 on the realization
of civil liberties. 48

Samoa could almost be described as a one-party state in the democratic sense of that term.
Samoa is the most politically stable country in the Pacific Islands and is dominated by a single
party and a long-time prime minister. Samoa has 49 constituencies, of which 35 are single-
member and seven have two members each. Voting is first-past-the-post. Samoa amended its
constitution in 2013 in order to make possible more representation of women in Parliament and
emerged with a unique, safety-net solution. Under the “10 per cent law,” at least ten percent of
MPs must be women and if fewer than 5 women are elected in the normal way those women who
have polled highest but were unsuccessful take up additional seats until the threshold is met.
Elections are scheduled in April 2021.

The Constitution protects several fundamental civil and political rights, including freedom of
speech, assembly, association and movement, and the right to a fair trial. The Samoa Women’s
Committee Development Organization is the biggest and longest serving grassroots women’s
organization in Samoa. It was established in 1920 and became a member of the Samoan
Umbrella of NGOs (SUNGO) in 1997. Other NGOs also work around many development issues.

46https://www.mfat.govt.nz/en/countries-and-regions/pacific/tonga/about-tonga/

47https://www.mfat.govt.nz/en/aid-and-development/our-approach-to-aid/where-our-funding-goes/our-planned-aid-

expenditure/

48 https://freedomhouse.org/country/samoa/freedom-world/2019#PR

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Samoa’s judiciary comprises a three-tier court system consisting of the magistrate courts, court
of appeals and the Supreme Court with jurisdiction over criminal and civil cases. Moreover,
village councils deal exclusively with village affairs such as culture, customs and traditions and
customary land matters. In April 2020, the Samoan Law Society (SLS) and the Judiciary raised
their concerns over the government’s attempt to amend the Samoan Constitution 49 which the
SLS and the judiciary has claimed is worrying as it will encroach into the independence of the
judiciary. The SLS has labelled the three bills, the Constitutional Amendment Bill 2020; the
Lands and Titles Bill 2020 and the Judicature Bill 2020 as “the most drastic and incompetent
attack on the stability of the justice system and the operation of the Rule of Law ever seen in
Samoa since independence”. 50

Samoa’s national human rights institution conducted a national public inquiry into family
violence “with findings of appalling violence suffered across our country within families”
including the “sheer scale of the problem we are facing.” It further added that there is “hope and
optimism, arising from the practical solutions which have been put forward and a realization of
how our culture, faith, and human rights can help us in addressing the social ill that is family
violence.” 51 Since the passing of Samoa’s Family Safety Act (FSA) 2013, the government has
implemented a series of initiatives to ensure the protection of women and children which
includes setting up a specialist family violence court dealing with VAW and child protection
issues and training for police officers on gender sensitive process in handling and investigating
complaints under the FSA. Moreover, extensive campaigns by the government, strong women
NGO’s such as the Samoan Victim Support Group and faith-based organizations have ensured
more visibility and discussion on the issue. There has been an increase in the engagement of
village communities to address violence within the village, where women and untitled men’s
groups have initiated village violence free advocacy campaigns. The recent work by the National
Council of Women on working with women’s committees and village women representatives is
also complementing the ongoing efforts at national level to increase village and individual
responsibility towards ending gender-based violence. The Crimes Act 2013 criminalizes rape
within marriage.

The Government’s National Policy for Gender Equality 2016-2020 address key issues affecting
women including safe families and communities; healthy women and girls; equal economic
opportunities for women, young people and specific vulnerable groups; increased participation of
women in public leadership and decision-making; increased access to education and gender
sensitive education curriculum; community resilience and climate change and disaster
preparedness informed by gender sensitive information and approaches and enhanced
institutional mechanisms for the promotion of gender equality.

The National Youth Policy identifies youth as between the ages of 18-35. The ILO notes that
notwithstanding the economic and social progress, employment and more particularly youth

49 https://www.rnz.co.nz/international/pacific-news/414336/samoa-govt-pushes-major-change-under-cloak-of-covid-
19-law-society
50 https://samoaglobalnews.com/sls-bills-fundamentally-technically-defective/
51 https://ombudsman.gov.ws/wp-content/uploads/2019/01/2018_-SHRR-2018-National-Public-Inquiry-into-Family-
Violence_-English.pdf

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unemployment (at a rate of 16.4%) and underemployment remain critical development


challenges. 52 Efforts to sensitize the public and promote human rights for persons with
disabilities, have existed since the 70s, through training programs and literature produced by the
civil society including Samoa’s disabled persons’ organization (Nuanua o le Alofa). While the
mainstreaming of disability rights has been recognized as a national planning priority since 2008,
NHRI notes that, “while legislation and government education policy has made significant
strides with regards to inclusive education for children with disability, there is significant
progress yet to be made in the implementation of these policies.” The country has mixed views
and laws pertaining to the LGBTI community.

In 2019, the Journalism Association of Samoa (JAS) expressed their concerns over the
government’s proposed law which could see whistle-blowers jailed for up to seven years. The
amendment of the Crimes Act would criminalize public servants disclosing official information
to a third party for any reason. The JAS also recognized that with no freedom of information
laws in Samoa, access to government information would be more severely constrained by such a
law. Samoa’s parliament abolished the offence of criminal libel in 2013. However, an
amendment to the Crimes Act in 2017 saw the reintroduction of defamation as a criminal
offence. This move was largely in response to an increase in allegations by social media bloggers
often about corruption, misconduct and serious crimes by prominent public figures. There was
no public consultation on the bill. 53

Corruption cases are prosecuted by the Attorney General’s office under the Crimes Act with a
maximum of 7 years imprisonment. The two criminal offences under the Crimes Act are bribery
and corruption. Moreover, the Ombudsman’s Office which has a dual mandate as an NHRI only
investigates cases of maladministration by the government under its good governance mandate.
The Ombudsman’s office creates public awareness and disseminates information on anti-
corruption. In the interest of transparency, parliamentary sessions in Samoa are now broadcast
live on television in addition to the traditional radio broadcasts to make use of technology
available. The media plays an important part in fighting corruption.

Samoa has recently declared two states of emergency for health reasons, the first in late 2019
because of a measles epidemic and the second, in March 2020, because of the coronavirus
pandemic. This state of emergency also includes elements of restriction unrelated to COVID,
without any safety or scientific basis, such as prohibiting swimming in rivers or the ocean on
Sundays, and closures of produce and fish markets on Sundays only. This was likely done to
appease the religious community, at the expense of the private sector (and potential economic
impact) and personal freedoms.

The Australian Government will provide an estimated $32.0 million in total Official
Development Assistance to Samoa in 2019-20. Samoa will also benefit from the Australian
government’s Step-Up approach which sees Australia committing $1.4 billion in development
assistance to the region for 2019-2020. 54 New Zealand has committed $18 million for Samoa for

52 https://www.ilo.org/global/topics/youth-employment/projects/sida/WCMS_420247/lang--en/index.htm
53 https://www.samoaobserver.ws/category/samoa/1417
54 https://www.dfat.gov.au/geo/pacific/engagement/Pages/stepping-up-australias-pacific-engagement

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the 2019-2020 55 period to support Samoa as it builds a strong and inclusive economy; work with
Samoa to increase its resilience to climate change; and support strong Samoan institutions that
deliver high quality services to all. 56 Japan is also supporting the country’s power sector
expansion project.

China is a major aid donor to Samoa. Although Samoa has historically been disinclined to obtain
loans, the Faleolo international airport terminal is a Chinese loan project. 57 In 2019, China and
Samoa signed about seven agreements ahead of a special summit on China-Pacific Islands
Economic Cooperation. 58 China has committed to supporting Samoa to “conquer the corona
virus” 59 and since 2018 was eyeing a closer relationship with Samoa including connecting the
Belt and Road Initiative with Samoa’s development strategy, create more cooperation
opportunities in trade, investment, and infrastructure construction. 60

Tuvalu
Tuvalu is one of the smallest sovereign states in the world and has a strong sense of national
identity and a high level of national cohesion based upon its cultural homogeneity. There is
virtually no ethnic or linguistic diversity in this country of 11,000 people and just one indigenous
language, Tuvaluan. Freedom House rated Tuvalu as free with a total score of 93/100, broken
down into 37/40 on the realization of political rights and 56/60 on the realization of civil
liberties.

Tuvalu has a unicameral parliament and eight electoral districts, each returning two members to
Parliament. There are no political parties. Elections are by universal suffrage of all citizens over
eighteen years of age. The country was in the final stages of a Constitutional review process just
before the COVID-19 crisis struck, including considering whether the country chooses to
become a republic, direct election of the Head of State, frequency of Parliament sitting, and
changes to constituencies. While Tuvalu generally does not have poor governance issues, one of
the key issues challenging the government is the royalty payments for the landowners of Funafuti
where government building are located. In July 2019, landowners had blocked the country’s only
airport 61 which resulted in the government taking the landowners to court. Moreover, Tuvalu’s
traditional falekaupule system of island/local governance mandate that local leaders must be
consulted on certain major decisions such as treaties.

Tuvalu’s judiciary consists of the Magistrates Court, a High Court consisting of a single judge,
who is also the non-resident Chief Justice, a Court of Appeals and the Privy Council as the final
Appeals Court. The Chief Justice who presides over the Judiciary is appointed by the Head of

55 https://www.mfat.govt.nz/en/aid-and-development/our-approach-to-aid/where-our-funding-goes/our-planned-aid-
expenditure/
56 https://www.mfat.govt.nz/en/countries-and-regions/pacific/samoa/our-development-cooperation-in-samoa/
57 Radio New Zealand Airport upgrade to be unveiled in Samoa, 9 May 2018.
https://www.rnz.co.nz/international/pacific-news/356965/airport-upgrade-to-be-unveiled-in-samoa
58 https://www.abc.net.au/news/2019-10-21/china-and-samoa-ink-deals-ahead-of-pacific-island-economic-
forum/11622096
59 http://ws.china-embassy.org/eng/zsgx/t1755391.htm
60 http://english.www.gov.cn/premier/news/2018/09/19/content_281476309707218.htm
61 https://www.rnz.co.nz/international/pacific-news/393389/tuvalu-landowners-block-airport-over-lease-non-
payment

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State, acting in accordance with the advice of the Cabinet, for such period as is specified in the
instrument of his appointment. The judiciary is considered independent and carried out fair
trials. However due the nature of the legal system, i.e. overseen by the Senior Magistrate with the
Chief Justice only flying into the country about 4 times a year for the sitting of the High Court,
meaning long delays in determining legal disputes or appeals. Tensions between the executive
and judicial branches bubbled to the surface after the change in government following the
September 2019 elections.

The Family Protection Domestic Violence (FPDV) Act protects the rights of people from all
forms of violence namely sexual, economic, emotional and physical. The FPDV Act criminalizes
domestic violence and imposes mandatory responsibilities on the part of service providers to
expediently attend to cases of violence in the home. Tuvalu provides for equal employment
opportunities and prohibits discrimination in employment. Generally, however, the stark
underrepresentation of women in political and public life, especially at the highest levels of
decision-making nationally and locally is still a concern. In its 16 seat Parliament, Tuvalu has
only one woman MP. Systematic barriers, such as negative cultural attitudes, the lack of an
adequate quota system, insufficient capacity-building for potential women candidates, limited
financial resources and the lack of logistical support are thought to impede the equal
participation of women in political life.

Tuvalu’s NHRI was established in 2017. Tuvalu is the first and only country in the Pacific to
design a National Action Plan (NAP), which captures and operationalizes the country’s existing
commitments under human rights treaties to which it is a state party. The NAP also includes
commitments under the CRPD and includes inputs from local disabled persons’ organizations.
These commitments, however, have yet to be translated into enabling laws. Same sex-marriage
is prohibited in Tuvalu and its Penal Code outlaws homosexual conduct. Male homosexuality is
punishable by imprisonment of between 5 to 10 years, but the law is not enforced.

The Constitution provides for freedom of speech and freedom of the press and the government
has generally respected these rights. The Tuvalu Media Corporation is a public entity and
operates the country’s sole radio and television stations, as well as the biweekly newspaper
Tuvalu Echoes. Human rights groups had reportedly criticized the media corporation its limited
coverage of politics and human rights issues, but there had been no allegations of censorship or
political agendas in reporting. Internet access is largely limited to the capital because of the high
cost and connectivity challenges. At its UPR, there were recommendations for the government to
decriminalize defamation. The country does not have a freedom of information act.

The Penal Code criminalizes corruption offences such as bribery and trading in influence;
money-laundering, concealment; embezzlement, abuse of functions and illicit enrichment and
obstruction of justice. There is no single anti-corruption institution in Tuvalu. The anticorruption
mandate is spread across several bodies, including the Attorney-General, Police Force,
Ombudsman, Auditor-General, Public Service Commission and Central Procurement Unit.

The Australian government opened its new embassy in Funafuti in 2019 and committed to
providing an estimated $9.3 million in Official Development Assistance (ODA) to Tuvalu in
2019-20. Australia’s development assistance will focus on improved governance and physical

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resilience, improved education and human resources, building resilience to environmental and
climate change impacts, and gender equality as a cross cutting issue. Australia becomes the
second country to have a resident diplomatic embassy apart from Taiwan. The new Tuvaluan
government has expressed its strong support for Taiwan with new foreign Minister, Simon Kofe
stressing that “Tuvalu and Taiwan diplomatic ties are the strongest they have ever been.” 62
Tuvalu also enjoys bilateral aid support from New Zealand whose development priorities include
improving access to safe and climate resilient public utilities and services; improving Tuvalu’s
fisheries management capacity; ensuring Tuvalu’s financial management systems are more
robust and effective; and improving vocational pathways and qualification standards to increase
employment opportunities. 63

The September 2019 election saw the replacement of pro-Taiwan prime minister Enele Sopoaga
by Kausea Natano in what some observers saw as a change that might benefit the PRC. So far,
the current government has rebuffed Chinese overtures.

Republic of Kiribati
Kiribati has one indigenous language, a small population and low ethnic and cultural diversity,
with a moderate level of national cohesion, a history of political stability but faces considerable
development challenges. The relationship between state and society is close and personalized in
this country. The capital of South Tarawa is home to more than half the population of Kiribati
and has a population density similar to that of Hong Kong. Most people retain close kinship links
to their home islands. Freedom House rated Kiribati as free with a total score of 93/100, broken
down into 37/40 on the realization of political rights and 56/60 on the realization of civil
liberties.

A democratic republic with a mixed parliamentary/ presidential system which combines in one
person the roles of Head of State and Head of Government, the president is elected by popular
vote for a four-year term. The legislature chooses the presidential candidates from among its 46
members and then those candidates compete in an election. The new president will be decided in
the presidential elections in late May 2020 and the party of incumbent President Taneti Maamau
has endorsed his nomination. 64 The 2020 elections in Kiribati were delayed for a week because
of the coronavirus pandemic. The party of the incumbent president, which had switched
recognition from Taiwan to China in 2019, lost its majority in the 2020 elections. Other parties
have signified their intention to switch recognition back to Taiwan.

Islands with fewer than 1,500 people have one member in Parliament, islands with between
1,500 and 5,000 people have two, and there are three members for constituencies with more than
5,000 people. There are 46 members of the legislature: 44 elected for a four-year term; one
appointed member from the Banaban community on Rabi Island (in Fiji); and the attorney-
general. Vote buying is illegal, but in practice candidates make donations to villages. Kinship
ties and family connections continue to play a key role in elections and national politics. The

62 https://www.reuters.com/article/us-taiwan-diplomacy-tuvalu/tuvalu-rejects-china-offer-to-build-islands-and-
retains-ties-with-taiwan-idUSKBN1XV0H8
63 https://www.mfat.govt.nz/assets/IATI-PDFS/PACPF/Tuvalu.pdf
64 https://www.pina.com.fj/index.php?p=pacnews&m=read&o=159161705ebe320f7daf3c1be390c5

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political system in the villages is highly traditional with male elders convening to make decisions
about the affairs of the community.

Over 50 non-governmental organizations (NGOs) work in several areas, including climate


change and work in partnership with the government in addressing the impact of natural
disasters. Other areas include the provision of social and development services, such as building
of schools, providing primary health care, and supporting persons with disabilities. Many
women’s groups and faith-based organizations have also been involved in capacity building
around human rights and violence against women as they are influential in changing attitudes
and perceptions.

Kiribati has a three-tier court structure with the Court of Appeal as its final appellate court. The
High Court is a court of original and unlimited jurisdiction while the Magistrates Court serves as
the lower court. The Chief Justice is the head of the judiciary and is appointed by the President
with the advice of the Cabinet, tendered after consultation with the Public Service Commission.
The Kiribati Code of Conduct for Judicial Officers notes that Judicial independence is essential
to the rule of law and the fair conduct of trials and that a Judicial Officer should therefore uphold
and exemplify judicial independence in both its individual and institutional aspects. 65

The Kiribati Family Health Association (KFHA) Report 2010 confirmed the high rate of
violence against women estimated at 68%. Gender Inequality is perpetuated by cultural and
social norms inherent in the traditional systems. Since the issuance of the KFHA report, the
government has responded through technical assistance from the Pacific Community’s Regional
Rights Resource Team (SPC RRRT) to develop legislation on domestic violence. The Family
Peace Act was passed by parliament in 2014 and it criminalizes domestic violence and provides
a range of judicial remedies and protective orders to survivors. At present, Kiribati has an action
plan and a range of interventions and services to end GBV.

Despite being a patriarchal society, Kiribati generally respects women’s rights and contribution
to the community. Laws prohibit all forms of discrimination including in recruitment, training
and promotion. It also ensures equal remuneration for men and women and prohibits
victimization and sexual harassment. Since the 2007 elections, three women have been elected
into parliament including one who became the Vice President from 2007 till 2015. In its 46
Member Parliament, Kiribati currently has 3 women representatives.

While Kiribati is a State party to four of the core human rights treaties, Kiribati continues to face
challenges in implementing the recommendations on various human rights commitments,
including inadequate resourcing of implementation, capacity constraints and staff turnovers, and
conflict with other development priorities. Moreover, lack of access to data and ministerial
updates and changes to the membership of the Kiribati National Human Rights Taskforce (HRT)
hinder national coordination and the advancement of human rights commitments.

65 http://www.fedcourt.gov.au/pjdp/materials-developed/access-to-justice/Code-of-Conduct-Kiribati.pdf

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Youth is identified as those between 15-29 years in the national youth policy. Youth
unemployment was about 54% in 2010 but fell to 17.12 in 2015. 66 Youth are engaged in a range
of advocacy issues especially climate change. 67 Realizing the rights of PWD remains an
ongoing challenge though the government is taking steps through various frameworks to ensure
that rights of PWD are realized. Same sex-marriage is prohibited in Kiribati. Homosexuality is
punishable by imprisonment of between 5 to 14 years, but the law is not enforced.
Discrimination in employment based on sexual orientation is prohibited. 68

While freedom of expression is guaranteed under section 12 of the Kiribati Constitution,


exceptions can be made in relation to matters concerning public safety, public order, public
morality and individuals’ reputations. Newspapers are required to register with the government
and the latter has the power to terminate the publication of newspapers that faced complaints. A
Communications Commission of Kiribati is charged with implementing and enforcing the
Communications Act, including the granting and management of licenses. Like a few Pacific
countries, defamation is a criminal offense and the publication of defamatory matter concerning
a person is considered unlawful. In 2018, the government reportedly banned foreign journalist
from the country who were keen to report on the ferry disaster that resulted in the deaths of 81
people. 69 There is no freedom of information legislation in Kiribati.

Kiribati is a signatory to the U.N. Convention Against Corruption and established a very
ambitious goal to create a corrupt-free Kiribati society by the year 2036. In February 2020,
Kiribati hosted the first Pacific Regional Anti-Corruption Conference where participating
governments agreed to the Teieniwa Vision--a statement of goals and principles for Pacific
countries to aspire to. A key section urges Pacific governments to “commit to Pacific Unity
Against Corruption, recognizing that all of our progress and aspirations for a peaceful,
harmonious and prosperous Pacific cannot be realized unless we address corruption”. The
Teieniwa Vision was signed by the heads of delegations and the statement will need to be
discussed and endorsed by Pacific leaders at the upcoming Pacific Islands Forum meeting in
Vanuatu. If endorsed, the document could provide guidance to Pacific countries looking to
enhance regional frameworks to tackle corruption. In the absence of a stand-alone anti-
corruption institution several government offices in Kiribati collaborate to fight corruption.

The Australian Government will provide an estimated $27.3 million in total ODA to Kiribati in
2019-20. As part of NZ’s Pacific Reset program, NZ’s development cooperation and priorities
for Kiribati includes ensuring Kiribati benefits long-term from its fisheries resources; supporting
efforts to reduce population pressure in South Tarawa; providing I-Kiribati with adequate health
and education services; ensuring that Kiribati is well governed, supported by stable government
revenue; assisting Kiribati with climate change adaptation responses to explore options for
creating climate resilient urban land in south Tarawa etc. 70

66 https://www.indexmundi.com/facts/kiribati/youth-unemployment
67 https://www.earthguardians.org/engage/2016/8/20/water-is-life and https://kirican.wordpress.com/
68 https://www.equaldex.com/region/kiribati
69 https://www.abc.net.au/radio-australia/programs/pacificbeat/kiribati-ferry-disaster:-government-criticised-
for/9406180
70 https://www.mfat.govt.nz/assets/IATI-PDFS/PACMM/Kiribati.pdf

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In September 2019, the Kiribati government ended its long-term relationship with Taiwan and
switched its recognition to the PRC followed by a visit of the Kiribati president to China in
January 2020. Up until 2019, Taiwan provided a range of technical and development support for
Kiribati.

The Federated States of Micronesia


The Federated States of Micronesia (FSM) has a population of fewer than 115,000 but a greater
degree of linguistic and cultural diversity than the other Micronesian countries, and a weaker
sense of national identity. The country came into being in the 1980s when four states – Chuuk,
Pohnpei, Yap and Kosrae – came together, each with their own language and identity. Key
issues have been maintaining national unity and distributing powers between the states and the
federal government. As elsewhere in Micronesia and Polynesia, there is a large Micronesian
diaspora community in other countries. The ties between state and society are looser in the FSM
than in the other freely associated states because of loyalties to region and language. Freedom
House ranked FSM as free with a scoring of 92/100 broken down into 37/40 on the realization of
political rights and 55/60 on the realization of civil liberties. 71 Despite this, the FSM does not
have an outstanding development record, with a ranking of 135 in the UN Human Development
Index. Politics in the FSM is characterized by personal and kin connections, together with
cronyism.

FSM employs a mixed presidential, Westminster and federal system in which the President must
be a member of the Congress and is elected by Congress for a term of four years by a majority
vote of all the members. The system is unicameral, but members of the Congress are called
Senators. Parliamentary elections are held every two years and the most recent was in March
2019. There are ten single-member constituencies where the election method is first-past-the-
post and an additional four at-large Senators (serving four-year terms are elected by proportional
representation). The state governments have their own constitutions and three co-equal branches
of government, the executive, legislative and judicial. Each state constitution contains
provisions recognizing and preserving local custom and tradition.

About 113 CSOs are currently registered with the FSM Alliance of NGOs, with many working
on environmental issues. CSOs in FSM face many challenges, including a lack of funding,
financial literacy, capacity building, and guidance from external partners.” 72

The FSM judicial system like its government system follows the United States model. Judicial
authority is vested in the Supreme Court of FSM as the final appeal court of the nation. The
Supreme Court has both a trial and an appellate division and has original and exclusive
jurisdiction in cases involving disputes between states, foreign officials, admiralty and maritime
cases, FSM Constitution, national laws or treaties and other domestic laws. The states have their
own courts with local jurisdiction.

Domestic violence remains a challenge, and while domestic violence is currently addressed at the
state level with each of the states passing their domestic violence laws, a Family Health and

71 https://freedomhouse.org/countries/freedom-world/scores
72 Pacific Community, 2016: 47)

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Safety Study (FHSS) conducted in 2014 show that VAW in the FSM is prevalent, and most of it
is inflicted by perpetrators who are known to the women. Unfortunately, the women often remain
silent because they either cannot get out of the situation, or plainly believe that such violence is
normal. Women’s equality rights continue to be progressively realized in the FSM both at the
national and state governments with women in cabinet, a first female appointed as an Associate
Justice of the FSM Supreme Court and FSM’s first female ambassador to the UN. In terms of
women’s political participation, the 14-seat national congress, currently does not have any
female members. In fact, no women have ever been elected into the national legislature. Of the
total 85 seats available in all states, only two are occupied by women.

FSM is a state party to three core human rights treaties but it recognizes that there are many
challenges around capacity, resources and prioritization of development and human rights issues.
FSM does not have a Paris Principle compliant NHRI. However, the government has established
a Human Rights Committee to assist it in meeting its human rights reporting obligations. The
Gender Development and Human Rights office desk within the FSM Department of Health and
Social Affairs coordinates human rights-related activities and obligations of the national
government.

Of the 102,843 population in the 2010 census, over 35,000 belonged to the 15-34 age category.
Youth movements are involved in a range of advocacies from SGBV to politics. 73 While serious
crimes are not common in the FSM, many misdemeanor offences are committed by young
people include theft, vandalism, drunk and disorderly conduct, and breaking and entering. Of
concern is the fact that many young men and women are also exposed to violence, whether in the
public or domestic sphere. 74 FSM continues to advance disability rights within the country and
leads in various Pacific initiatives including in the development of the Pacific Regional Strategy
on Disability to implement human rights initiatives in the Pacific and hosted the Pacific Forum
Disability Ministerial Meeting in October 2014. The FSM hosts the Interagency Conference
every two years. FSM no longer maintains criminal prohibitions on same-sex relations, and has
signed the March 2011 Joint Statement on Ending Acts of Violence and Related Human Rights
Violations Based on Sexual Orientation and Gender Identity, which is perhaps the most
significant statement in favor of LGBTI rights at the UN level. Nevertheless, the Federated
States of Micronesia has no anti-discrimination laws that are inclusive of sexual orientation,
gender identity or intersex status. This means LGBTI people are not protected from
discrimination in employment, education, health care and other areas of public life, in violation
of international human rights law.’ 75

Freedom of Expression is Constitutionally protected in FSM and in 2018, FSM’s rating from
Freedom House on freedom of expression was 4/4. While FSM has no daily newspaper, there
one or two radio stations and at last one TV stations in each of the four States. The National
government publishes The Kaselehlie Press, a fortnightly information bulletin. Moreover, there

73 https://www.spc.int/updates/news/2017/08/youth-shape-future-international-youth-day-conference-federated-
states
74 https://www.doi.gov/sites/doi.gov/files/migrated/oia/reports/upload/2011UrbanYouth_in_the_Pacific.pdf
75 Micronesia: a diverse region with diverse LBGTI laws, Star Observer, 14 Dec. 2015.
https://www.starobserver.com.au/news/international-news-news/micronesia-a-diverse-region-with-diverse-lgbti-
laws/143887

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are no official restrictions on internet access, however cost and a lack of infrastructure limit
availability on outlying islands.

FSM acceded to UNCAC on 21 March 2012. FSM recognizes the many challenges in
implementing UNCAC and recognizes the need for more technical assistance to assist the
government in effectively implementing the Convention. It is receiving support from a UNDP
regional project. The FSM does not have a specialized or standalone institution dedicated to
fighting corruption. However, the key authorities that deal with corruption are the Department of
Justice headed by the Secretary of Justice (who is the Attorney-General), National Police
including the Financial Intelligence Unit and Transnational Crime Unit, and the National Public
Auditor.

The vast bulk of aid comes from the United States under the Compact of Free Association. Japan
is also an important donor. Among the freely associated states, the FSM is where the PRC
matters most. The PRC was one of the first countries to recognize the FSM after it gained
independence and, in 1989, the FSM was among the first Pacific Island countries to recognize
the PRC. Since then, and increasingly in recent years, Chinese development assistance to the
country has resembled that in other parts of the Pacific Islands – an agricultural pilot farm in
Pohnpei, bridges in Pohnpei and Kosrae, a high school in Kosrae, the new State Office Buildings
Complex and road upgrades in Chuuk, a gymnasium, a cargo vessel, an aircraft and a stream of
scholarships for young Micronesians to study in the PRC for example. Projects of this kind offer
work to Chinese companies such as the Sichuan Road and Bridge Group Cooperation Company
which built the Okat Bridge in Kosrae. The PRC has also contributed to the FSM Trust Fund that
is supposed to give it financial independence by 2023. At the same time Chinese companies are
major players in the vast fisheries of the FSM, and have attempted – though so far with little
success – to develop a major tourist industry in Yap. In return, the FSM is committed to the One
China policy and signed up to the Belt and Road Initiative.

The Republic of the Marshall Islands


The Republic of the Marshall Islands (RMI) has a small population of fewer than 60,000, a
single indigenous language, Marshallese, little ethnic or cultural diversity and a strong sense of
nationhood. The relationship between state and society is strong and personalized in this small
country.

The political system is a constitutional democracy with a mixed parliamentary-presidential


system in which the President has a great deal of sway. It is marked by personalized politics and
a degree of cronyism. The first complexity of the Marshall Islands voting system is elaborate
provision for inter-island voting, “enabling citizens to cast votes for island constituencies where
they hold land rights even though they do not reside on those islands. Such votes comprise a
majority of votes for nearly all of the 22 outer island constituencies (excepting Majuro and
Kwajalein).” 76. This system complicates the count. The second complexity is the issue of
offshore voting. With about 30,000 Marshallese living offshore in the United States – about a
third of the entire population -- the issue of their voting rights has been central to RMI politics in

76 Jon Fraenkel The Marshall Islands Elections of 2007/08, SSGM Briefing Note
1/2008.
http://bellschool.anu.edu.au/experts-publications/publications/1467/marshall-islands-elections-200708

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recent times. Although the Supreme Court of the country ruled in 2019 that a ban on offshore
voting was unconstitutional, it also provided that the existing ban remain in place for the election
that was held last year. Some people therefore flew in to be able to vote.

The RMI government has a good relationship with civil society. An important example of this
relationship is the Working United Together Marshall Islands (WUTMI) project; and the
Initiative for Better Response to Address Violence Everywhere (iBRAVE), which was funded by
the United Nations Trust Fund to end violence against women. The iBRAVE has a public
awareness section and a legislation and policy section. WUTMI works closely with the Ministry
of Internal Affairs on legislation and policy to develop first response protocols.

About 51% of women have experienced physical or sexual violence by an intimate partner in
their lifetime. In 2011, RMI passed the Domestic Violence Prevention and Protection Act
(DVPPA). Additionally, the RMI police has undergone extensive capacity building activities in
partnership with Pacific Prevention of Domestic Violence Program (PPDVP). This includes the
creation and staffing of a Domestic Violence Unit. Furthermore, the government has partnered
with civil society and faith-based organizations to support its efforts in addressing domestic
violence. RMI’s Constitution prohibits discrimination on the basis of gender. Women are
traditionally respected as key decision-makers and landowners and recognized for their
contribution to the economy, society and families. The National Gender Mainstreaming Policy
2015 guides the government’s effort in mainstreaming gender. 77 RMI has the distinction of
electing the Pacific’s first ever female head of State. Aside from this, however, representation of
women in legislative bodies is low and comparable with other PICs. In the last elections, two
women won seats in the 33-member parliament.

The Rights of Persons with Disabilities Act 2015 requires the Government to develop measures
to ensure that PWD have full, equal and unrestricted access to: the physical environment;
transportation; information and communications, including information and communications
technologies and systems; and other facilities and services open or provided to the public. On
LGBTI, RMI no longer maintains any criminal prohibitions on same-sex relations. RMI signed
the March 2011 Joint Statement on Ending Acts of Violence and Related Human Rights
Violations Based on Sexual Orientation and Gender Identity, which is perhaps the most
significant statement in favor of LGBTI rights at the UN level. 78

With a population of 53,158 (2011), RMI has the second youngest population in the Pacific with
a medium age of 19.2 years old. About 70% of the population are under 29 years old with many
facing unemployment. Youth groups advocate on a range of issues including climate change. 79
The Youth to Youth CSO works towards empowering young people to “proactively participate
in the continued development of their communities and nation” and also create platforms where
they can discuss issues that affect them. 80

77 Gender Equality: Where do we stand? RMI; 2018; SPC Suva.


78 MICRONESIA: A DIVERSE REGION WITH DIVERSE LGBTI LAWS, Star Observer, 14 Dec. 2015,
https://www.starobserver.com.au/news/international-news-news/micronesia-a-diverse-region-with-diverse-lgbti-
laws/143887
79 https://www.sprep.org/news/marshall-islands-youth-shares-his-hopes-cop21
80 https://www.idealist.org/en/nonprofit/24e90599a9bb4127be270436588e6457-youth-to-youth-in-health-uliga

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The government generally respects the freedoms of speech and the press. A privately owned
newspaper, the Marshall Islands Journal, publishes articles in English and Marshallese.
Broadcast outlets include both government- and church-owned radio stations, and cable
television offers a variety of international news and entertainment programs. Internet access is
expanding, reaching as much as a third of the population by 2017. Further expansion is limited
by poor infrastructure and high costs. There is not a strong legal mechanism for obtaining access
to government information but documents can often be obtained through the courts.

In its 2019 rankings, Freedom House highlights that corruption has been a chronic problem,
though auditing bodies and the independent courts are somewhat effective in detecting abuses
and holding officials accountable. High-ranking public officials, however, are rarely prosecuted
for corruption. Corruption is most prevalent in foreign aid, government procurement, and
transfers. 81 While corruption cases are prosecuted by the Office of the Attorney General, there
are also key institutions that have oversight legislative powers to deal with and investigate
corruption matters including the Office of the Auditor General; National Police; Public Service
Commission; Government Ethics Board; and the Domestic Financial Intelligence Unit. RMI does
not have a dedicated anti-corruption body.

The United States is the largest donor to the RMI by far and is really the only significant donor,
although Japan, Taiwan and Australia are also donors. The PRC is not a player because the RMI
recognizes Taiwan.

The Republic of Palau


Palau, with a tiny population of close to 20,000, has the most pronounced national identity and
sense of national pride in the Micronesian region. Palau’s GDP per capita is considerably higher
than that of the FSM or the Marshall Islands and qualifies it to be considered a middle-income
country. Palau is politically stable and widely regarded as one of the best governed countries in
the Pacific.

Palau’s presidential and federal system is modelled on the USA with a president and vice-
president serving four-year terms. The legislative power of Palau is vested in two houses, the
House of Delegates and the Senate. Members of the House of Delegates are directly elected in
single-seat constituencies via first-past-the-post to serve 4-year terms. The President is elected by
simple majority vote, in two rounds if needed. There are 16 states. State governments consist of
local legislators, governors, traditional chiefs, elders, and high-ranking clans. Palau also has a
Council of Chiefs, consisting of one traditional leader from each of the Republic’s states. The
council advises the President on matters concerning traditional laws, customs and their
relationship to the Constitution and the laws of Palau. The country is scheduled to hold elections
in November 2020 and is certain to see a political transition because the incumbent president has
reached his term limit.

There are numerous civil society groups in Palau. However, these groups lack the capacity to
influence state and national policy dialogue. In recognizing this gap, the Belau Association of

81 https://freedomhouse.org/country/marshall-islands/freedom-world/2019

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Non-Governmental Organizations (BANGOs), a national coordinating mechanism for civil


society organizations was established with the overall objective of working in partnership with
the government of Palau and the private sector. The BANGOs is a national platform to promote
CSOs as important development actors, and to promote inclusive development and partnership.
This includes ensuring the country is successful in achieving the 2030 Agenda and the
Sustainable Development Goals, adopted by the United Nations in 2015. Palau is an interim
member of Pacific Island Non-Government Organization (PIANGO), whose primary objective is
to initiate action, give voice to their concerns and work collaboratively with other development
actors for just and sustainable human development. 82

Palau has a strong rule of law culture which overseen by an independent judiciary and the police.
Palau’s Judicial Canon recognizes that Judicial independence is a prerequisite to the rule of law
and the fundamental guarantee of a fair trial. The judicial system consists of the Supreme Court,
the Court of Common Pleas, and the Land Court. Judges of the Supreme Court are appointed to
life terms by the President with approval from Palau’s National Congress.

The prevalence of violence against women and girls was highlighted in the recent Belau Family
Health and Safety Study. Palau’s Family Protection Act (FPA) contains an obligation to report
abuse, sexual abuse or neglect, creates immunity for mandatory reporting and imposes penalties
for violations as well as restraining orders. Moreover, marital rape is now criminalized.
The judiciary, religious organizations and the Belau National Hospital all provide temporary
dwelling for victims of domestic violence.

Palau is a matriarchal society where lineage and titles pass down from the mother’s side, and
women often fill prominent positions in government. Additionally, a Gender Mainstreaming
Policy is currently being drafted that would essentially mainstream gender within the National
and State government policies and programs. Four women senators were elected as legislators in
2016. At the state level, currently there is one female governor out of 16 governors. In state
government legislatures, there are 25 female legislators out of a total of 174 seats. In the past
years, there has been an increase in women contesting for national and state elections. There are
two female ministers in the cabinet. Moreover, a civil society group the Center for Women
Empowerment Belau, in partnership with the Ministry of Community and Cultural Affairs and
the National Congress, was formed to advocate for women’s participation in decision-making
bodies and processes.

In 2013, Palau ratified the CRPD. Following ratification, a series of consultations were held in
partnership with Pacific Disability Forum and the Pacific Islands Forum Secretariat resulting in
the drafting of the country’s National Disability Policy. Although the LGBTI community still
experiences discrimination, new criminal laws which came into force at the end of July 2014 no
longer included same-sex consensual conduct. Palau’s national youth policy defines youth as
those between 15-34 years old and the government actively supports activities to engage the
youth. Youth unemployment is decreasing 83 though other issues like substance and alcohol

82 www.piango.org/our-members/member-countries/

83 https://www.indexmundi.com/facts/palau/youth-unemployment

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abuse, criminal activities remain as challenges. 84 Palau youth are also actively involved in
advocacy on a range of issues to include environmental concerns such as climate change.

Apart from the commitments to the human rights treaties, Palau’s Constitution also continues
safeguards to various freedoms and rights which includes the right to life, due process of law,
liberty, health, education etc. While Palau does not have a Paris Principle compliant NHRI, the
government established a Human Rights Committee under Executive Order 368. The Human
Rights Reporting Committee comprises all the government ministers. The Committee is
supported by a National Human Rights Working Group consisting of key officials from each
Ministry. Palau recognizes that funding, technical capacity and sustainability remain as
challenges to establishing a NHRI.

Freedom of the press is respected and guaranteed in the Constitution which provides in Section 2
that the government shall take no action to deny or impair the freedom of expression or press. No
bona fide reporter may be required by the government to divulge or be jailed for refusal to
divulge information obtained in the course of a professional investigation. There are several
independent news outlets, including newspapers and broadcasters, but they often struggle
financially. Regional and international news services are also available. Internet access has been
hampered by high costs and lack of connectivity outside the main island. The Open Government
Act 2014 allows for public access to official documents and hearings. Moreover, government
officials are obliged to submit annual financial disclosures which can be accessed by the public,
though this has been met with some resistance.

Palau has various laws dealing with anti-corruption which criminalizes bribery and trading in
influence, money laundering, concealment, embezzlement, abuse of functions and obstruction of
justice among others. While Palau does not have a dedicated anti-corruption institution, various
agencies of government are in place to assist with preventing corruption. The Office of the
Attorney General and in particular the Office of the Special Prosecutor is the government lead in
the prosecution of corruption related offences. Apparent staff shortages, however, may hamper
its effectiveness. The operational independence of the Public Auditor is entrenched in the
Constitution. High-ranking public officials have faced corruption charges in recent years, and
several have been convicted. The government and lawmakers have deliberated on strategies to
deal with corruption more effectively, and in April 2017 the finance minister issued a statement
to reiterate the government’s ethics rules and a whistle-blower protection policy.

The key aid relationship for Palau is with the United States under the provisions of the Compact
of Free Association signed in 1994. Palau is the most pro-American of all three freely associated
states, with one of the most pro-American voting records at the UN. In advance of a visit to the
White House in May 2019, President Remengesau emphasized his country’s steadfast reliability
and support for the United States’ Indo-Pacific strategy, which he described as “a plan to counter
Chinese expansionism and its militarization of islands in the region”’ 85 For the period 2019-
2020, Australia confirmed that the Australian Government will provide an estimated $3.4 million
in bilateral funding to Palau. 86 New Zealand supports Palau through the North Pacific

84 https://blogs.adb.org/blog/what-does-it-mean-be-palauan-youth-2016
85
86 https://www.dfat.gov.au/geo/palau/development-assistance/Pages/development-assistance-in-palau

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Development Fund, which is administered by the Consulate-General in Honolulu, Hawaii. It


provides funding for locally run projects up to the value of $48,000 per project and also has a
bilateral development program with Palau. The development program is focused on climate
change, oceans, and gender. 87 Taiwan and Japan are also significant donors.

Palau’s economy rests in part on tourism and suffered considerable losses when in 2017 Beijing
instructed tour operators not to book package tours to Palau because it is not on the official list of
approved destinations for Chinese travelers. The Chinese move was widely interpreted as an
attempt to pressure Palau on the recognition issue. Palau’s economy is also suffering due to the
shutdown in international travel due to COVID-19.

Nauru 88
Nauru is a Westminster-style constitutional democracy. The Nauru legislature is a unicameral
parliament with 19 members, elected every three years. The executive consists of a President
who is appointed from amongst the members of the legislature. The President performs the
functions of both the Head of State and Head of Government. People in Nauru generally enjoy
political rights and civil liberties, though the government has taken steps to sideline its political
opponents, and corruption is a serious problem. There are reports that asylum seekers and
refugees housed in Nauru under an agreement with Australia live in dire conditions, and the
country has attracted international criticism over the persistent reports of abuses against them.
Freedom House ranked Nauru as free with a scoring of 78/100 broken down into 34/40 on the
realization of political rights and 44/60 on the realization of civil liberties.

The electoral laws are generally fair and implemented impartially. The Nauru Electoral
Commission is responsible for managing the entire election process. Voting is compulsory.
Although political parties are permitted, most candidates run as independents. Intense political
rivalries created political instability prior to 2013. However, President Waqa’s government
served a full term from 2013 to 2016 and was reelected in 2016. Opposition members claimed
some measures implemented by Waqa’s first administration, such as higher candidate fees and a
requirement that public employees running for office must resign three months prior to an
election, were made to discourage opposition candidates from running in the 2016 polls.

The constitution provides for universal suffrage. However, widely held biases regarding the role
of women in society have discouraged women’s participation in politics and elections; few
women ran in the 2016 elections, and just two women sit in Parliament.

Corruption remains a problem. Allegations of improper payments to senior government officials,


including Waqa, by an Australian phosphate company emerged in 2016, and an investigation by
Australian federal police remained ongoing in 2018. Legal proceedings related to the scandal
also took place in Singapore in 2018, where a local company was fined for bribing a Nauruan
MP. In 2016, Australia’s Westpac Bank announced it would no longer handle accounts for the
Nauruan government, with media reports suggesting that the decision came in response to

87 https://www.mfat.govt.nz/en/countries-and-regions/pacific/palau/
88 https://freedomhouse.org/country/nauru/freedom-world/2019 - The country profile for Nauru was taken
from Freedom House’s 2019 Freedom in the World Index

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concerns about suspected financial mismanagement by the government, including money


laundering and tax evasion.

Freedom of expression is constitutionally guaranteed, but this right is not always respected in
practice. Foreign journalists have a particularly difficult time operating in Nauru, as the
government has implemented restrictions that appear to be aimed at deterring outside coverage
of conditions for asylum seekers and refugees. Since 2014, foreign journalists have been subject
to a visa application fee of roughly $6,000, up from approximately $150 previously. Ahead of
the 2018 Pacific Islands Forum, held in Nauru in September, the government banned the
Australian Broadcasting Corporation from entering the country, describing it as an “activist
media organization.”

There are no legal restrictions on the formation of nongovernmental organizations (NGOs) in


Nauru. There are several advocacy groups for women, as well as development-focused and
religious organizations. However, authorities have interfered with the operations of activists
seeking to improve the treatment of asylum seekers. Demonstrations related to the treatment of
asylum seekers housed at the Australian processing center are often repressed.

The constitution provides for due process rights and those rights are generally respected.
However, in 2017, the government passed a law that distinguishes between public servants who
testify in favor of the government or against it. Analysts said it appeared that those who miss
work to testify against the government would be placed on leave without pay, and that the law
appeared to represent an attempt to discourage civil servants from testifying in favor of the
Nauru 19. There have been concerns about undue influence on the judiciary by the government,
which has been accused of dismissing judges for rulings officials found unfavorable.

Domestic violence, which mostly affects women, remains a serious problem, and children are
also vulnerable to violence. However, authorities have taken some efforts to address these
problems, notably by approving the new protections within the 2017 Domestic Violence and
Family Protection Bill, and the 2016 Child Protection and Welfare Act. Marital rape was also
made a criminal offense in 2016. Effective July 1, 2020, changes were made to sex offender
laws making bail extremely difficult to obtain for sex offenders and prohibiting the discounting
of any remand period from any sentence. The law governing juvenile sex offenders will also
change whereby being a juvenile will no longer be an element of mitigation.

The constitution provides for equal treatment regardless of race, country of origin, ethnicity,
politics, or gender, but those rights are not always protected in practice. There are few legal
protections against discrimination, which is notably a problem for women in the workplace. In
2016, the government decriminalized homosexuality, which had previously been punishable by
up to 14 years of hard labor.

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Australia is Nauru's most significant donor, providing development assistance equivalent to 25


per cent of Nauru's gross domestic product in 2017–18. Australia's aid in Nauru forms part of our
broader economic and diplomacy efforts to promote prosperity and security in the Pacific region.
The Australian Government will provide an estimated $25.8 million in total ODA to Nauru in
2019-20. 89

89 https://www.dfat.gov.au/geo/nauru/development-assistance/Pages/development-assistance-in-nauru

81

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