REPUBLIQUE DU BURUNDI
DEUXIEME VICE-PRESIDENCE
Bureau Juridique et Administratif
Terms of Reference
For a Study on the Regulatory Framework of Burundi
1. Introduction
The Government of the Republic of Burundi is receiving funding from TradeMark East Africa to conduct a study on the current framework of regulatory authorities in Burundi in order to improve the system in terms of efficiency, cost and transparency.
2. Background and justification
In Burundi, there are several regulatory agencies responsible for regulating activities in the following areas:
• Telecommunications: the Regulatory Agency for Telecommunications and Control, ARCT, created September 30, 1997;
• Insurance: the Agency for Regulation and Control of Insurances, ARCA was created by the Decree No. 100/121 of 27 October 2001;
• Communication: National Council of Communication, CNC created in September 2007;
• Public Procurement: Regulatory Authority for Public Procurement ARMP was created by the revision of the Public Procurement Code in February 2008, Articles 13 and 14 of Law No. 1/01 of 4 February 2008
• Agriculture: the Regulatory Authority for the Coffee sector, ARFIC
• Transportation: Agency for Water Transport, Port Activities and Rail
• Aviation: The Civil Aviation Authority of Burundi.
Today, there might be a proliferation of regulatory authorities in sectors such as tea, seeds, rice, (...), which may be costly and ineffective.
Thus, a study is more than necessary to improve regulatory systems and promote their performance in Burundi.
3. Objective
The objective of the study is to evaluate the organization and functioning of the existing regulatory agencies in Burundi and to propose improvements in terms of efficiency, cost and transparency based on best practices.
4. Specific tasks
The consultant shall carry out the following specific tasks:
• Analyze and describe the organization of each agency, including:
o the Business Plan of the Agency and its business objectives;
o the structure of staffing (and organization) of Agency staff, the profile and levels of remuneration of staff;
o the operating budget and the costs funded by the Government of Burundi and / or donors compared to own revenues;
o operating procedures of the Agency;
o the mission and procedural framework of the Agency;
• Analyze the operation of each agency compared to the legal texts of their creation and whether this operation has been consistent, if there were barriers related to texts and whether some of the practices are outside their mandate, and indicate whether and how these practices can be abolished. Missions of such agencies are, among others:
o ensuring the implementation of laws and regulations,
o ensuring effective competition,
o promoting the development its sector,
o implementing consultation mechanisms for users and operators,
collecting financial resources to contribute to the fund for universal access to services,
o exercising the power to sanction the actors in its sector,
o publishing annual reports and put them on their website.
• Review operational procedures of each agency and functional and whether they were followed.
• List decisions / sanctions taken by each of the regulatory agencies since their inception as well as the list of official transcripts and / or annual reports published by them.
• Provide an analysis to guide the government in the choice of models for the regulatory framework: (i) continuing creating individual agencies for each sector, (ii) grouping them within a multisectoral agency, or (iii) using another model, based on best practices in Africa and the world. It is expected that the consultant(s) indicate the "political economy" of their proposal.
5. Methodology
During its mission, the consultant(s) should first make a thorough review of the data and information available in Burundi and then make a comparison with other systems. Based on these comparisons, the consultant(s) should provide recommendations for the framework in Burundi.
The consultant(s) will need to discuss with a number of stakeholders in Burundi to receive a maximum of information and he / she will produce four reports (as described below).
The draft final report will be presented at a workshop where key stakeholders will be invited.
6. Calendar and Reports
The consultancy is proposed to take 45 working days.
The consultant will produce the following reports:
• After working day 5: an initial report outlining the methodology of the assignment
• After working day 20: a literature review on the existing framework of regulatory authorities in Burundi, as well as various foreign models.
• Afterworking day 40: A draft final report containing all tasks to be presented during a workshop.
• After working day 45: final report of the mission.
The consultant will send all reports in a timely manner to the Office of Second Vice-President of the Republic, with a copyto the Country Directorof TradeMark East Africa, Burundi.
7. Consultant Profile.
The Consultant should have proven experience in this type of mission:
• Post Graduate degree (at least Master) in Management, Economics, Public Administration or in a related / relevant field;
• Having totaled at least seven (7) years of professional experience in regulation, and have done a similar task in a country with economic similarities to Burundi;
• Proven experience in institutional analysis;
• Good knowledge of the legal and institutional framework governing the framework of regulation in different countries;
• Excellent capacity in interpersonal communication and perfect drafting skills;
• Perfect command of French.
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