PROJECT BACKGROUND AND OBJECTIVES

The Uganda CPSD 2022 identifies maize as one of 3 core agribusiness priority areas, in addition to dairy and fish. IFC MAS’s IO in Uganda identified low quality of maize as restrictive to potential investment in the sector, access to markets and development of higher value addition production in a regional market with high maize demand. This view is supported by the UGCPSD (2022), which reviewed agribusiness (and maize) as a sector of potential for investment and identified non-compliance with EAC maize quality standards, legal and regulatory challenges, logistic and cross- border bottlenecks and low productivity as important constraints.

• While Mubende District is one of the top 3 maize producers, over 75% of maize produced/traded here is of low quality. The District enacted an Ordinance to improve quality, but it has not been enforced to date.
• Enforcement of standards at the district level (e.g., Mubende) stores is missing or poorly coordinated (especially between UNBS and MAAIF), yet this is where maize enters the commercial value chain. In contrast, the coffee and dairy sectors have strong quality oversight and enforcement systems.
• Traders and aggregators sell maize to district stores, where it is further aggregated and sold to millers or exported. Districts issue Trading Licenses that are used to collect revenue from these stores. There is no quality monitoring or enforcement. There is no penalty for trading poor quality maize or non-compliance with standards.
• While the Grain Council is represented at the District level, it plays no role in self-regulation or policy dialogue.
• Foreign trucks buy (much low quality) maize directly from farmers and district stores with no checks or consequences. Anecdotal information from Mubende district indicates that up to 300,000 MT of low-quality maize (more than 60% of the estimated total supply) were bought by Kenyan-owned trucks in Season 1, 2022. Moreover, no controls or checks for bulk movement of maize across the country exist.
• Government policy for maize procurement is not linked to standards.

Mubende district recognizes this gap and has passed the Local Governments (Mubende District) (Maize Quality Control) Ordinance 2017 that introduced district-level monitoring and enforcement of, among other things, maize storage and transport requirements to support good quality maize. This is a ground-breaking Ordinance that introduces district-level engagement to address the gaps that exist at subnational and national levels in maize quality monitoring and enforcement as well as data management to support enforcement and planning. However, while the Ordinance has been enacted, it would benefit from updating or bylaws to support improved enforcement (e.g., close to 50% of the maize delivered to a major buyer in Mubende was rejected due to poor quality).

OBJECTIVE: The objective of this assignment is to work with Mubende district staff (and relevant National level institutions) to develop and support the dissemination of Local Governments (Mubende District) (Maize Quality Control) Ordinance 2017 bylaws on maize quality standards compliance monitoring and enforcement for stores, warehouses and large trucks (>10 MT) as well as database management for planning.

SCOPE OF WORK

The Consultant will work with Mubende district (and relevant National level institutions e.g., UNBS, MTIC, MAAIF) to:

• Summarize the laws, regulations and Standards applicable to quality maize storage, and movement in Mubende District. This task should include input from Uganda National Bureau of Standards (UNBS).
• Review the Local Governments (Mubende District) (Maize Quality Control) Ordinance 2017, identify gaps, and propose amendments to improve compliance levels and enforcement.
• Consult stakeholders to establish the potential positive and negative impacts of the proposed amendments on compliance levels, including potential unintended consequences.
• Refine and recommend amendments, if any, and support the process to amend, working with the District team, UNBS and MAAIF staff.
• Lead the consulting on and drafting of subsidiary legislation e.g., by-laws, needed to enhance operationalization and enforcement of the Ordinance. For example, to elaborate the implementation mechanisms including but not limited to monitoring, introduction of satellite buying centers and feeder stores, premise and product certification consistent with existing UNBS Standards and regulations, movement of large volumes of maize (10 MT and above) from the district, and data management as well as introduce quality objectives, clarify penalties and institutional mandates to enforcement and, if applicable, reward mechanisms for compliance with Standards. This approach could leverage lessons from the dairy and coffee sectors.
• Ensure that the legislation supports the District to use UNBS’ Maize Quality Monitoring and Enforcement Framework and Inspections Checklist, which will elaborate the specific areas to be checked, and the actions to be taken in case of violation. The risk assessment guidelines are expected to include the collection of information on the status of compliance of stakeholders with maize quality standards after an inspection.
• Provide legal advice on measures or tools needed to enable effective enforcement of maize quality standards.
• In coordination with UNBS, TGCU, MAAIF simplify and translate key provisions of the law into easy to disseminate and understand information, flyers.
• In coordination with UNBS, TGCU, MAAIF, prepare and implement a dissemination plan for the key provisions of the Ordinance and by-laws to ensure maximum impact to key stakeholders, and considering tight delivery deadlines. The dissemination plan may include short dissemination meetings and workshops.
• In coordination with UNBS and TGCU, support dissemination and awareness raising of the Ordinance and its by-laws, quality standards, guidelines and inform on compliance responsibilities. This will include simplifying and translating key provisions of the law into easy to disseminate and understand information, flyers and short dissemination meetings and workshops.
• Document lessons and guidance on the process, requirements and law applicable, which can be used to guide other Districts.

Bulk movement of maize

• Ensure that the legal framework at District supports the guidance by UNBS and MAAIF on enforcement of legislation on bulk purchase of maize from stores and warehouses by large trucks (10 MT and above).

The consultant will collect data through desk reviews and interviews with stakeholders including District staff, UNBS, MAAIF, maize store and warehouse owners or their representatives and traders. The Consultants will apply the relevant principles of Regulatory Impact Assessment as outlined in the Guide to Regulatory Impact Assessment of the Cabinet Secretariat Office of the President [https://www.mwe.go.ug/sites/default/files/library/Uganda-Guide-to-RIA-Cabinet-Office-Undated%20%281%29.pdf]

DELIVERABLES / SPECIFIC OUTPUTS EXPECTED FROM CONSULTANT

The consultant will be engaged for a period of 9 weeks beginning on or about the date of contract signing to perform the list of tasks listed above. Indicative deliverable milestones are based on the Scope of Work and include:

Deliverable 1: A summary document of gaps and proposed amendments in the Local Governments (Mubende District) (Maize Quality Control) Ordinance 2017. The document should identify gaps, and propose amendments relating to compliance levels and enforcement. The document should not exceed 5 pages. This is to be submitted within one week of contracting.

Deliverable 2: Proposed subsidiary legislation to the Ordinance e.g., by-laws, needed to enhance operationalization and enforcement of the Ordinance as well as bulk purchase of maize grain from stores, which has been approved by Mubende District Council authorities, within 4 weeks of contracting.

Deliverable 3: Simplified key provisions of the Ordinance and by-laws for information dissemination. as brochures and/or flyers. The brochures will be presented in English and translated into at least 2 key languages. This is to be submitted within 7 weeks of contracting.

Deliverable 4: A 12-month dissemination plan of the key provisions of the Ordinance, by-laws within 9 weeks of contracting.

SPECIFIC INPUTS TO BE PROVIDED BY THE WORLD BANK GROUP

The IFC team will support the consultant by organizing meetings with Mubende district staff, maize traders in Mubende, and project focal persons from UNBS, MAAIF, MTIC, TGCU.

SPECIAL TERMS & CONDITIONS / SPECIFIC CRITERIA

Qualification criteria of the Consultant/Firm

Individuals and firms will be reviewed on a number of factors including:

• The individual should have a track record of similar assignments in legal reform with a minimum of 3 over the last 8 years. It would be an advantage to have worked with both local and national government clients for related work. Work on drafting regulations with East African government(s) is an advantage.
• A demonstrably good understanding of the Standards and quality requirements relating to the storage and trade in maize products. A demonstrably good understanding of the requirements of high value markets for quality grain.
• Experience of working with Uganda / East Africa on related assignments and with public agencies e.g., Ministry of Local Government, Ministry of Agriculture, Animal Industry and Fisheries, Ministry Trade, Industry and Cooperatives, Uganda National Bureau of Standards, Uganda Law Reform Commission, Ministry of Justice and Constitutional Affairs, etc.
• Demonstrated understanding and application of the principles of regulatory best practice in legislation.
• A Master’s degree in law, public policy, economics or similar field.

Interested candidates should submit their CV and cover letter to cmahiring@ifc.org  by January 17th, 2023