Other relevant legislation

Synonyms:
Relevant laws and constitutions that do not refer to M&E

A country's constitution and laws may not always mention M&E explicitly, but it can play a crucial role in shaping the operational landscape in which M&E activities occur.

A constitution is a set of political principles by which a state or organisation is governed. Many countries have a formal written constitution document in which the structure of government is defined, and the powers of the nation and the states are written in one single document. Some countries, such as the UK, do not have a single document but draw their constitutional rules from a number of sources. Legislation refers to laws passed by the law-making branch of the national or sub-national level, often the parliament or the congress, and including presidential decrees. Usually, several laws within a country are relevant to M&E systems.

Broader legal frameworks can impact how effectively M&E systems can function. This includes laws related to results-based management, which can encourage the use of M&E data to inform program design and policy decisions; procurement laws, which can affect the government's ability to contract external entities for evaluation services; and recruitment laws, which can influence the hiring and retention of skilled M&E personnel.

There is often also legislation that explicitly refers to M&E.

Examples

In Indonesia,  two examples showed how mainstream administrative processes can restrict the supply of M&E information and skills and that sometimes specific legislation is required to address these.

A diagnostic process identified that existing procurement laws prevented the government from contracting external non-government research centres or think tanks, seriously limiting the research and evaluation evidence supply. After considerable consultation and policy development, a change in government policy to make this possible was enacted in Presidential Regulation No. 16/2018 on procurement regulation.

In another example from Indonesia, Decree No. 106/2018 on Indonesian Job Competency Standards for Public Policy Analysts from the Ministry of Manpower was enacted to address barriers to the engagement and retention of policy analysts to support the use of evidence to inform policy development.

Fatonie, I., Wulandari, P. R., & Prasetiamartati, B. (2023). 'Enhancing the use of evidence by policymakers in Indonesia'. In J. C. Hertz, P. R. Wulandari, & B. Prasetiamartati (Eds.), Knowledge system development: Insights from Indonesia and international applications. RTI Press. https://dpjh8al9zd3a4.cloudfront.net/rti-press-publication/knowledge-system-development/fulltext.pdf

Jackson, E., Prasetiamartati, B., Sadikin, M. C., Sugiyanto, & Pellini, P. (2017). Commissioning knowledge for policy reforms in the procurement of research in Indonesia (Knowledge Sector Initiative Working Paper 23). Knowledge Sector Initiative. Retrieved from https://www.ksi-indonesia.org/id/wawasan/ detail/205-working-paper-commissioning-knowledge-for-policy-reformsin-the-procurement-of-research-in-indonesia 

Global Evaluation Initiative (2022). MESA Guidance Note: Diagnostic Tool for a Monitoring and Evaluation Systems Analysis. Retrieved from https://www.globalevaluationinitiative.org/mesa

Prasetiamartati, B., Utomo, T. W. W., Fatimah, E., & Sugiyanto. (2023). 'Supporting public policymaking: Working and thinking politically for policy analysts'. In J. C. Hertz, P. R. Wulandari, & B. Prasetiamartati (Eds.), Knowledge system development: Insights from Indonesia and international applications. RTI Press. https://dpjh8al9zd3a4.cloudfront.net/rti-press-publication/knowledge-system-development/fulltext.pdf

 

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