United Nations Development Programme Afghanistan Justice ......translation capacity in Dari, Pashto,...

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United Nations Development Programme

Afghanistan

Justice and Human Rights in Afghanistan (JHRA)

Annual Progress Report 2011

Figure 1 Kishem District Judge and JHRA staff at the handover ceremony for a primary court in Kishem,

Badakhshan

Project ID: Project Period: Strategic Plan Component: CPAP Component: ANDS Component: Total Budget: Responsible Agency:

AFG/00071252 26 June 2009 – 30 June 2012 Focus Area 2: Democratic Governance Access to Justice and Human Rights Governance, Rule of Law and Human Rights USD 36,958,430 UNDP

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JHRA DONORS

Canada Denmark

EC Germany

Norway Switzerland

United Kingdom UNDP

The Netherlands

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Table of Contents

List of Acronyms ................................................................................................................................... 4

2011 Executive Summary ................................................................................................................... 5

I. Context ................................................................................................................................... 7

II. Results and Impact ............................................................................................................... 8

Output 1: ......................................................................................................................................... 8

Output 2: ......................................................................................................................................... 9

Output 3: ....................................................................................................................................... 15

III. Implementation Arrangements .......................................................................................... 24

IV. Challenges/Risks/Issues .................................................................................................... 25

V. Lessons Learnt .................................................................................................................... 26

VI. Future Plans ........................................................................................................................ 27

VII. Financial Information .......................................................................................................... 28

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Acronyms

ACT Accountability and Transparency Project AGO Attorney General’s Office AIBA Afghanistan Independent Bar Association AIHRC Afghan Independent Human Rights Commission ANDS Afghan National Development Strategy APRP Afghanistan Peace and Reintegration Programme ARTF Afghan Reconstruction Trust Fund AWN Afghanistan Women’s Network AWP Annual Work Plan CPAP Country Programme Action Plan CSO Civil Society Organization EC European Community HRSU Human Rights Support Unit (of MoJ) ICESCR International Convention on Economic, Social and Cultural Rights JHRA Justice and Human Rights in Afghanistan (Project) LAOA Legal Aid Organization of Afghanistan LOTFA Law and Order Trust Fund for Afghanistan MDG Millennium Development Goal MDG-F MDG Achievement Fund MDTF Multi Donor Trust Fund MoE Ministry of Education MoI Ministry of the Interior MoJ Ministry of Justice MoPH Ministry of Public Health MoTCA Ministry of Transport and Civil Aviation MoWA Ministry of Women’s Affairs MRRD Ministry of Rural Rehabilitation and Development NGO Non-Governmental Organization NJP National Justice Programme NJSS National Justice Sector Strategy PJCM Provincial Justice Coordination Mechanism PLAU Public Legal Awareness Unit (of MoJ) PMC Programme Management Committee PTJ Peace through Justice (Joint Programme) RCO Resident Coordinator’s Office RoL Rule of Law SCT Supreme Court TWC Technical Working Committee UNAMA United Nations Assistance Mission to Afghanistan UNCT United Nations Country Team UNDAF United Nations Development Assistance Framework UNDP United Nations Development Programme UNICEF United Nations Children’s Fund UNIFEM United National Development Fund for Women UNODC United Nations Office on Drugs and Crime UPR Universal Periodic Review

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2011 Executive Summary

The Justice and Human Rights in Afghanistan (JHRA) project works for the rule of law and

promotion of human rights throughout Afghanistan. There is a growing consensus that rule

of law is the key to peace and stability in the country. It is also fundamental to all human

development. The problems with justice and human rights are some of the most serious

challenges confronted in Afghanistan, and the JHRA addresses those problems.

The project is designed to support the Afghanistan National Justice Programme (ANJP), as

set out in the Afghanistan National Development Strategy (ANDS). The JHRA was

developed in close cooperation with its three main institutional partners: the Ministry of

Justice (MoJ), the Attorney General’s Office (AGO), and the Supreme Court (SC). The JHRA

works in support of the UNDP Country Programme Action Plan (CPAP) programmatic area

“Strengthening Democratic Governance”, and has been developed with three main outputs

to guide engagement:

Output 1: The capacity of national justice institutions to effectively deliver justice and

uphold human rights is strengthened.

Output 2: Capacity of the Government of Afghanistan (GoA) to fulfil its international

human rights obligations in a coordinated manner is strengthened.

Output 3: Capacity of district level justice sectors to effectively deliver justice and


In the second quarter of 2011, the Justice and Human Rights in Afghanistan (JHRA) project

carried out a number of activities in support of the project’s targeted outputs, which have

anchored a solid knowledge of justice and human rights principles among community

leaders at the district level, and been incorporated into policy at the national level to ensure

widespread and long-term influence in government priorities and programming.

The following key results were achieved in the reporting period:

Key Result 1: The MoJ Translation Unit has been fully established in the Ministry of Justice.

Office space in the ministry has been allocated for the team, and all six expert

translators have been recruited and have started work.

Key Result 2: The Human Rights Support Unit (HRSU) was formally incorporated into the

MoJ’s Tashkeel, and has received one floor of office space in the ministry’s

secondary building.

Key Result 3: HRSU has become a credible government agency for ensuring the

Government of Afghanistan’s compliance with international human rights

conventions and treaties to which it is party. The unit has reviewed

Afghanistan’s national laws and identified 43 requiring revision to ensure

compliance with the International Convention on Economic, Social and

Cultural Rights (ICESCR), 19 requiring revision for compliance with the

Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW) and worked closely with the MoJ Taqnin on the government’s

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Legislative Work Plan, and reviewed planned legislation for human rights

implications.

Key Result 4: From its position with the Ministry of Justice, the HRSU extended its advisory

and support services to other ministries, including the Ministry of Education

and the Ministry of Women’s Affairs. The HRSU has begun an assessment of

ministries’ capacity to mainstream gender in policies and decision-making.

The unit submitted its 200-day report under NPP6, Human Rights and Civic

Responsibilities.

Key Result 5: JHRA helped the GoA initiate a national dialogue on access to justice,

coordinating the national-level public legal awareness strategy and legal aid

policy with provincial justice providers, and linking Afghan justice priorities to

international counterparts.

Key Result 6: HRSU released a Gender Capacity Assessment Report on ministerial capacity to mainstream gender through internal policies and procedures, and developed Gender Policies for the MoJ and MRRD.

Key Result 7: The District Level Component (DLC) delivered targeted legal courses for

individual capacity development in the formal and informal justice systems

and public legal awareness programming. 967 participants (154 women)

attended trainings for judges, prosecutors, religious leaders and community

leaders.

Key Result 8: JHRA has completed construction of eight justice facilities (primary courts,

joint Huquq/prosecutor’s offices, and detention centers) in Faryab, Jawzjan

and Badakhshan.

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I. Context UNDP has supported justice reform in Afghanistan since the Bonn Conference in 2001. In

2003, UNDP launched the Rebuilding the Justice Sector of Afghanistan (RJSA) project to

support capacity strengthening in Afghan justice institutions at the central level. Building on

the accomplishments of the Rebuilding of the Justice Sector of Afghanistan (RJSA) project,

UNDP worked with the Government of Afghanistan (GoA) to develop a subsequent project

titled Strengthening the Justice System of Afghanistan (SJSA), which started in January

2006. Also in 2006, UNDP launched a separate Justice and Human Rights in Afghanistan

project entitled Access to Justice at the District Level (AJDL). Following this continuous

support to Afghanistan’s justice sector, in June 2009 UNDP Afghanistan entered a new

phase with the Justice and Human Rights in Afghanistan (JHRA) project. The JHRA draws

on the lessons learnt from the SJSA and AJDL projects, replaces both projects, continues

many activities piloted by these projects, and adds new activities identified as priorities by

GoA partners.

The design of the JHRA was the product of extensive consultations with the three justice

institutions – the Ministry of Justice, the Attorney General’s Office, and the Supreme Court –

as well as other actors working to support the justice sector in Afghanistan. The JHRA is

also designed to be fully in line with Afghanistan’s National Justice Programme (NJP), which

constitutes the justice section of the Afghan National Development Strategy (ANDS – the

Afghan PRSP). Reflecting the priorities of the government, as articulated in the NJP, the

JHRA prioritizes support at the district level, including infrastructure support. This approach

is of vital importance to UNDP’s government partners, as the presence of the formal justice

sector at the district level is weak in many parts of the country, and ability by the government

to effectively ensure rule of law is a crucial component of peace‐ building in Afghanistan.

The JHRA also has a very important contribution to make in this area as very few other

actors are working in the justice sector at the district level. UNDP’s experience in

Afghanistan has shown that the needs of the justice sector are enormous, and that attention

is frequently focused on flagship initiatives at the central level. However, the interactions of

most citizens with the formal justice system take place not at the central level but at the

lowest levels in the districts.

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II. Results and Impact

Output 1: The capacity of national justice institutions to effectively deliver justice and


Indicators:

Activity Result 1.2: Ministry of Justice translation unit operational and its professional

capacity enhanced.

Targets for 2011:

1.2.1: Equipment and furniture for the establishment of translation unit of the MoJ

purchased.

1.2.2: Translation capacity (verbal translation and written quantitative and qualitative

translation capacity in Dari, Pashto, Arabic and English improved.

1.2.3: One senior translator (team leader) post and five translator (English, Dari, Pashtu

and Arabic) posts to be recruited. .

The JHRA team successfully completed this output in 2011. Working with the MoJ, and

under the specific guidance of the minister during the selection and recruitment processes,

JHRA held two calls for applications in Q2 and Q3 of this year. The recruitment process

faced delays due to changes in the selection criteria that required translators to have formal

legal backgrounds. In Q3, an interview panel consisting of representatives from JHRA and

the ministry evaluated language and translation tests completed by 23 long-listed

candidates, and has offered contracts to candidates for all six positions.

The Minister of Justice has extended his whole-hearted support for the unit. He has told the

JHRA and UNDP country office that the translation unit is an integral part of the ministry, as

it allows for fluid interaction with the donor community, a deeper understanding of the

programming taking place under rule of law priorities across Afghanistan, and, most

importantly for long-term growth of the ministry staff and national laws, this translation unit

provides the MoJ with access to international best practices and lessons learned from which

it can develop more targeted and effective programming.

Activity Result Brief Description of results/achievement

% of progress

rate/ delivery

1.2.1 Equipment and furniture for the establishment of translation unit of the MoJ purchased.

IT equipment has been purchased, delivered and is utilized by the unit.

MoJ has provided office space at its main building for the unit.

12% 1.2.2 Translation capacity (verbal translation and written quantitative and qualitative translation capacity in Dari, Pashto, Arabic

A capacity development plan for the Translation Unit staff has been developed, focused on increasing both the legal and translation skills of the team, and will be put into action in 2012.

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% of progress

rate/ delivery

and English is improved.

1.2.3 One senior translator (team leader) post and five translators (English, Dari, Pashtu and Arabic) posts. One (senior translator) will be an SC holder others will be through LOA.

All positions have been filled with staff who have the language and legal expertise required by the MoJ.

Output 2: Capacity of the GoA to fulfil its international human rights obligations in a

coordinated manner is strengthened.

Indicators:

Activity Result 2.1: Human Rights Support Unit (HRSU) in the MoJ institutionalised and functioning.

Targets for 2011:

2.1.1 HRSU is fully operational and acts as an inter-governmental body (LoA is extended, HRSU included in Tashkeel, website introduced, database developed, and resource center developed.)

2.1.2: Staff capacity improved in the area of Human Rights (in-house trainings, trainings abroad, exchange study visits and workshops for government staff).

Activity Result 2.2: Policies and plans developed and implemented, including through pilot initiatives, to increase compliance of the ministries with Afghan Compact Human Rights Benchmarks (ACHR).

Institutionalization

HRSU was officially integrated into the Ministry of Justice Tashkeel for solar year 1390 in

March 2011. This allows the ministry to allocate resources for the unit moving forward and

has provided HRSU with the political position to work directly with all ministries within the

parameters of its mandate to streamline the human rights standards outlined in international

conventions and treaties to which Afghanistan is party in all national laws, policies, and legal

products. The Cabinet of Ministers approved HRSU’s incorporation into the MoJ; and a

regulation on the implementation of this decision is currently under review with the MoJ

Taqnin.

To formalize HRSU’s standing as a government unit, the unit organized a retreat to review

HRSU’s key achievements in 2010 and outline goals for 2011, including: (1) strengthening

its relations with the Taqnin to review domestic laws in the light of Afghanistan’s human

rights treaty obligations, (2) building sustainable capacity of the ministries on human rights

treaty reporting; (3) increasing its cooperation with the state institutions and other

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stakeholders, including AIHRC and CSOs; and (4) continuing its human rights education

program for the executive branch.

The unit held two task force meetings, hosted by the Minister of Justice and his deputy, to

highlight HRSU’s biannual achievements to line ministries, including Ministry of Foreign

Affairs (MoFA), Ministry of Women Affairs (MoWA), Ministry of Interior (MoI), Ministry of

Defense (MoD), Ministry of Public Health (MoPH), Ministry of Education (MoE), Ministry of

Labour, Social Affairs, Martyrs and the Disabled (MoLSAM), Afghanistan Independent

Human Rights Commission (AIHRC), Civil Society and Human Rights Network (CSHRN),

CSOs, UNDP and donors. Overall, the members of Task Force were satisfied with the Unit’s

achievements, and made a number of recommendations, including (1) strengthening its

strategic partnership with the line ministries; (2) developing a human rights manual for state

officials; and (3) assessing domestic laws in the light of international human rights treaties

ratified by Afghanistan and their consistency with Islamic values.

HRSU’s visibility has been further increased to the public with the launch of the unit’s

homepage on the MoJ website, through which HRSU will provide the Afghan and greater

public with access to information and data regarding the implementation progress of

international human rights treaties through national laws. The HRSU website will be fully

operated by HRSU, to ensure an independent account of government programming and

policies in support of human rights. The website is developed and will be launched at the

beginning of 2012.

HRSU closed 2011 with 21 full-time staff working within the MoJ, including the following

programme staff: 2 senior human rights officers (1M, 1F), 5 human rights officers (3M, 2F), 3

human rights training officers (2M, 1F), 2 human rights reporting and coordination officers

(1M, 1F), and one unit head (1M).

Human Rights Capacity Building

Government

HRSU worked with the MoJ Training Department to develop a three-month capacity

development plan for MoJ staff on basic human rights and specific rights in criminal justice,

e.g. juvenile rights, prisoners’ rights and minimum standards for the treatment of prisoners,

including women. During 2011, HRSU conducted trainings for MoJ staff on Juvenile and

Rehabilitation Centers, the Central Prison Department, Central Detention Department, Drug

Detention Centers and Women’s Detention Centers.

The unit has made efforts to increase the realization of human rights as experienced by the

public through trainings in collaboration with LOTFA and the Rule of Law team at the UK

Embassy. To this end, HRSU conducted a capacity assessment for the Family Response

Unit within the Criminal Investigation Department at the MoI to develop tailored trainings on

the application of human rights through domestic laws, including the Family Law and EVAW,

and the practical implications on their work as first points of contact for the government at

the community level. In coordination with the UK Embassy, HRSU also provided a two-day

session on the basics of human rights for (1) National Directorate of Security (NDS)

Academy staff and (2) the Unit 10 Prison officers, recruited to secure insurgents and high

profile narcotics convicts imprisoned at the Poli Charkhi Detention Center. These trainings

represent the beginning of a longer term engagement with NDS and Unit 10 Puli Charkhi

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Detention Center to cultivate a positive human rights

culture within the agencies. This engagement created a

partnership between UNODC and UNDP to assist the MoI

in promoting a Code of Conduct for Police, which was

enforced in the summer of 2011.

In December, the HRSU started a capacity building

programme for the staff of MoWA with a three-day training

course on basic human rights for the staff of Department

of Women Affairs, Kabul Province. Twenty-six staff

members, including 23 male staff and three female staff

attended the workshop.

In total, HRSU provided trainings to 540 (411 male, 129

female) MoJ, MoI, MoWA and NDS staff on human rights

and fundamental freedoms under international and Islam

law in 2011. HRSU has started government trainings on

human rights with these three ministries, as they are most

responsible for the production of laws, provision of law

enforcement, and protection of vulnerable groups within

the law, and are hoped to have an expanded influence on

the internal policies of other government agencies.

Internal

To increase the unit’s understanding of the scope that

gender mainstreaming can have on policy and

programming, HRSU staff all participated in a half-day

training on developing gender concepts and integrating

gender perspectives into organizations and institutions

conducted by UNDP’s Gender Equality Project. This

training was the first in an ongoing series, which will focus

on gender audits and gender-responsive budgeting in the

upcoming session. One HRSU staff member attended a

one-day conference on Women’s Access to the Right to

Property and Inheritance held by the Women and Children

Legal Research Foundation. Participants developed an

implementation strategy and public awareness campaign

to support the objectives of the conference. One female

HRSU staff attended a workshop on Involvement of

Women with Disabilities in the Implementation of Projects

held by the Handicap International in Dushanbe,

Tajikistan.

The unit hosted a 3-day training course on Right to Food

for staff of the Ministries of Agriculture, Irrigation and Live

Stock, Health and UNAMA, with a trainer furnished by

UNFAO. The training followed with a workshop on Right to

Food and Nutrition Security Policies in June. An expert

Protecting Child Rights in Afghanistan

Human Rights Support Unit and UNICEF

work with Afghan Government on Child Act

September 2011 – Children are one of the

most vulnerable groups in Afghanistan.

Affected by the conflict, they have limited

access to education, security, sufficient

food and clean water. Within the justice

system, children are afforded limited

additional protection, and the existing

formal alternatives to detention or pro-

active approaches to dealing with

delinquency are not routinely

implemented.

The Government of Afghanistan is party to

key international treaties that protect the

rights of children and adults alike.

However, the realization of rights through

the enactment of national laws is slow,

often stalling in the drafting stages. Despite

the fact that Afghanistan ratified the

Convention on the Rights of the Child (CRC)

in 1994, it has yet to be formalized through

national legislature. The lack of protective

mechanisms for children’s rights, coupled

with traditional customs, political

instability and lack of security throughout

the country, has continued to undermine

attention to, and action on, the effective

implementation of the rights of the child.

To support the Afghan government in

meeting its international obligations,

UNDP’s Justice and Human Rights in

Afghanistan (JHRA) project established the

Human Rights Support Unit (HRSU) in 2010.

Staffed by Afghan nationals, HRSU receives

financial and technical support from UNDP

and works within the Ministry of Justice to

ensure existing national laws and policies

comply with the country’s international

commitments.

The Ministry of Justice, through HRSU, held

a conference in coordination with UNICEF

in May 2011 to examine concrete steps

forward for increasing the protection of

children across the country. High-level

officials of key ministries and non-state

actors gathered to discuss the Concluding

Observations of the United Nations

Committee on the Rights of the Child for

Afghanistan, an independent group of

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from the UNFAO gave a presentation on the right to food

as a concept, food and nutrition security, their inter-

relationship, and intervention and policy strategies.

Since its establishment, HRSU has made a concerted

effort to involve its staff in international trainings to further

develop their capacity and expose them to broader

international networks. On 8-10 December 2011, the Head

of HRSU and one of the unit’s human rights officers

attended a two-day international workshop in India to

launch a cooperative and consultative process among

South Asian Countries towards establishing a sub-regional

human rights mechanism.

Human Rights Policy Reform

HRSU has grown in both its stature and scale of influence

over government policies in 2011. Afghanistan has ratified

seven international conventions and treaties related to

human rights, and HRSU has initiated its policy review

work with the three conventions that have the most

immediate influence on the Afghan people: International

Convention on Economic, Social and Cultural Rights

(ICESCR), Convention on the Elimination of All Forms of

Discrimination against Women (CEDAW) and the

Convention on the rights of the Child (CRC).

HRSU hosted a conference through the MoJ to discuss

Afghanistan’s response to the recommendations put

forward by the Committee on the Rights of the Child. At

the conference, the unit presented a translated version of

the Committee’s recommendations and the HRSU Report

on the Assessment of Domestic Laws (written in Dari) in

light of the recommendations provided by the Committee,

and working with UNICEF to draft the Child Act, the first

legal document of its sort in Afghanistan, at the request of

the Minister of Justice.

HRSU translated the Concluding Observations of the UN

Committee on Economic and Social Rights (UNCESCR)

on the implementation of the ICESCR (2010). In 2011,

HRSU reviewed national laws, including the Civil Code

and the Shiite Personal Status Law, for compliance with

the ICESCR, and provided recommendations for revision

of 43 laws not compliant with the convention.

HRSU further analysed 19 laws for compliance with the

CEDAW, including the Laws on Countering Abduction and

Human Trafficking, Health, Elimination of Violence against

diverse experts on children’s rights and

international law that provides a neutral

review of governments’ progress in

implementing child rights and offers practical

recommendations for how to improve child

protection mechanisms in domestic

legislation. The conference attendees

expressed their full support to take action on

the Committee’s recommendations, including

drafting legislation on children’s rights.

At the conference, HRSU presented its review

of domestic laws in light of the CRC. “The

Ministry’s expertise in this area lies with

HRSU,” Deputy Minister Dr. Qasem

Hashemzai said in his address at the

conference. “All government partners need

to work with HRSU to follow-up on the

recommendations made by UN human rights

bodies and report on their achievements”.

Figure 2 Children, particularly those in

remote villages like these Badakhshan

elementary students, need the state to

protect their rights.

At the request of the Ministry of Justice,

HRSU is currently working with UNICEF to

develop the National Child Act, which will

supersede all existing legislation, and provide

comprehensive legal protection in

accordance with the provisions of the CRC.

The Child Act will also outline systems and

procedures to increase the protection

children have within the justice system. “It’s

important that we make sure this legislation

reflects what is needed on the part of the

children, and what is possible within

Afghanistan,” said Head of HRSU Hassan Ali

Faiz. “Once it is ready, HRSU will work with

the central government to ensure all justice

providers at the provincial and district levels

understand the practical implications of this

law. They are the people in direct contact

with the majority of Afghans, and it is at this

level that we can truly make a change in the

lives of children.”

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Women, Education, Breastfeeding, Civil Society Organizations, Shiite Personal Status, the

Criminal Code and the Labour Code. Recommendations for legal revisions were submitted

to the government for review.

HRSU received a list of 30 prioritized laws from the MoJ Taqnin to be enacted or amended

in 2011, most of which are related to the civil and economic rights of Afghans. Due to its

performance in reviewing existing national laws for compliance with international

conventions and treaties, HRSU will receive the national legislative priorities every year from

the MoJ Taqnin. The Minister of Justice also requested HRSU analyze the draft Family Law

proposed by MoWA to ensure its compliance with the Civil Code. The unit joined the Taqnin

Working Group to review the draft law on Marriage Expenses, which resulted in considerable

improvements in the text. HRSU also analysed a draft law on Funeral Ceremonies and

shared it with the Taqnin Department of Civil Law.

Gender

HRSU initiated an assessment of ministries’ capacity to mainstream gender in policy,

strategy and decision-making based on (1) gender/human resources (contract conditions,

recruitment procedure, and job description); (2) position, authority and autonomy in the

ministerial organizational structure; (3) intra-, inter- and external ministerial cooperation and

information exchange; and, (4) vocational training and capacity building. The final report was

released in Dari and English in September 2011. Preliminary results indicate that generally,

Gender Directorates face challenges in performing their tasks due to inadequate political

support from senior officials, lack of office and technical facilities, low capacity, and limited

support from MoWA.

At the request of the MoJ and in coordination with MoWA, HRSU developed gender policies

for the MoJ and the Ministry of Rural Rehabilitation and Development (MRRD). The unit has

worked with gender focal points and units in key ministries to initiate gender action plans,

and will begin more advanced gender policy development with MoI and MoE in early 2012.

HRSU and the Gender Directorate of the Ministry of Transport and Civil Aviation (MoTCA)

agreed to cooperate on awareness raising activities for the ministry staff on the human

rights, gender equality and international human rights treaties applicable in Afghanistan.

Activity Result Brief Description of results/achievement % of

progress rate/delivery

2.1 HRSU is fully operational and acts as an inter-governmental body (LoA is extended, HRSU included in Tashkeel, website introduced, database developed, and resource center developed.)

The MoJ has integrated the HRSU in its 1390 H Tashkeel. The unit reports directly to the minister, with a budget for six staff and administrative costs.

The MoJ signed a lease for HRSU office space.

A regulation on the HRSU has been drafted and submitted to the Taqnin for finalization, and is currently under review.

HRSU has 21 staff, including 13 programmatic staff.

73%

2.1.2 Staff capacity improved in the area of Human Rights (in-house trainings,

UNDP Gender Equality Project conducted a half-day gender training for HRSU staff.

Two HRSU staff attended Handicap International’s “Identification of the Best

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trainings abroad, exchange study visits and workshops for government staff).

Solutions for Involvement of Disabled Women in Designing and Implementation of the Projects” workshop.

One HRSU staff participated in the Central Asia Workshop on Victim Assistance for Government and CSO representatives organized by Handicap International in Dushanbe.

HRSU staff participated in a workshop on team building and conflict resolution.

2.2 Policies and plans developed and implemented, including through pilot initiatives, to increase compliance of the ministries with Afghan Compact Human Rights Benchmarks (ACHR).

HRSU trained 26 (16 M, 10 F) MoJ Department of Administrative Affairs & Finance.

HRSU trained 37 (16 M, 2 F) Department of Policy and Planning and Office of the Minister staff on human rights and international human rights treaties to which Afghanistan is party.

MoJ signed MoUs with the MoE (22 June) and MoWA (26 June) for HRSU to provide technical assistance in capacity building and integrating human rights, including gender, in their institutions.

The unit conducted human rights trainings to staff of Puli Charkhi Central Prison, Departments of Huquq (Law), Reyasat-e-Qazaia-e-Dawlat (for government-disputed property), Publication & Registration of Political Parties and Social Organizations.

HRSU provided a training on international human rights standards and UN instruments to the International Legal Foundation (ILF), as defence lawyers argued that Article 16 of the CEDAW is in conflict with Islamic values.

HRSU hosted a training on Right to Food and Nutrition Security Policies for Ministry of Agriculture, Irrigation and Livestock (MAIL); Ministry of Health; and UNAMA staff, with a trainer from UNFAO.

HRSU completed training needs assessments for the Departments of Taqnin (Legislative), Legal Aid, Directorate of Planning and Inspection, Offices of Minister, Administration, Publication, Registration of Political Parties and Social Organization.

HRSU developed a gender assessment on ministry gender policies and presented it to the Gender Task Force and Gender Coordination Group. The report was launched on 13 September 2011 and distributed to MoWA, line ministries, government institutions and donors.

HRSU has reviewed and revised the gender policies for the MoJ, MRRD and Public

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Administration and Reform Commission to improve the women’s rights and human rights perspectives for civil servants and ministry staff.

HRSU is working with MRRD gender advisers and social workers to increase their capacity to mainstream human rights and gender in their programs.

HRSU reviewed the draft Gender Policy for the Civil Service at the request of Gender Department of Public Administration and Reform Commission, and made recommendations on the “law and policies,” “recruitment,” “payment and benefits” and “statistics on the number of women in the civil service” sections.

At the request of the Minister of Justice, HRSU reviewed the draft Family Law to identify provisions not covered under the Civil Code, and prepared a report on its findings.

HRSU has reviewed national laws for compliance with the International Convention of Economic, Social and Cultural Rights (ICESCR), and identified 43 laws, regulations, strategies and special reports requiring harmonization.

HRSU has reviewed national laws for compliance with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and identified 19 laws, regulations, strategies and special reports requiring harmonization.

HRSU is drafting a Child Act in collaboration with UNICEF.

HRSU developed a reporting cycle matrix for UN instruments ratified by Afghanistan, to assist MoFA in tracking reporting on human rights treaties.

HRSU has developed an action plan for the UPR based on the Human Rights Council’s recommendations for Afghanistan and coordinated with relevant ministries for its implementation.

Output 3: Capacity of the district level justice sectors to effectively deliver justice and

uphold human rights is strengthened. Indicator:

Activity Result 3.1: Capacity of district level justice actors to deliver justice is strengthened (infrastructure improved and justice sector officials in three provinces have suitable facilities and equipment to work effectively in delivering justice).

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Targets for 2011: 3.1.1: Engineering infrastructure assessments conducted and justice sector facilities

prioritized for rehabilitation in three provinces (Kunar, Bamiyan and Nangarhar) out of the six provinces selected.

3.1.2: A total of 12 justice facilities constructed and equipped with necessary supplies in three provinces - (district primary courts, district detention centers, AGO office and judges residences).

Indicator: Activity Result 3.2: Capacity of community stakeholders to promote and claim human rights is strengthened. Targets for 2011:

3.2.1: Baseline study and M&E tools developed for awareness raising activities.

3.2.2: Village-level public awareness activities conducted, including mass media awareness raising activities (radio, publications).

3.2.3: Human rights trainings conducted to traditional justice actors, community representatives, leaders and school teachers.

3.2.4: Formal justice sector rights awareness training courses conducted in provinces (e.g. right to defense counsel, family/personal status law) and post training monitoring and follow-up.

3.2.5: Workshops and seminars conducted to CSOs, implementing partners, government counterparts and community representatives.

Infrastructure

District-level Component (DLC) engineers have worked with the Supreme Court to prioritize

infrastructure needs at the district level in the targeted provinces (phase I – Faryab, Jawzjan,

Badakhshan; phase II – Nangarhar, Kunar, Bamiyan). In 2011, six facilities were identified for phase II

provinces, and land has been allocated for their construction. UNDP is currently evaluating bids from

two shortlisted companies for construction to commence in spring of 2012.

Justice Trainings

DLC works with the Ministry of Justice, Supreme Court and the Attorney General’s Office, through

implementing partners, to provide trainings on laws and their practical application in the provision

of justice services, particularly at the district level. The shortage of qualified justice providers

throughout Afghanistan (less than 30% of judges, prosecutors and legal officers have post-secondary

education in law or shariah) prompted requests from the national-level justice institutions for

trainings on key laws affecting community relations. JHRA worked with the national justice agencies

to develop and extend materials that ensure district-level officials are properly trained to handle

cases arising in their areas of jurisdiction.

In 2011, JHRA worked through implementing partners Social Development and Legal Rights

(SDLR) and Feroogh Media Group (FMG) to deliver trainings on the draft Family Law (and

17

references to family relations in the Civil Code), Land

Law, and the Protection of Women and Children in

Criminal Proceedings to justice providers in nine

provinces (Badghis, Ghor, Sari Pul, Daykundi, Panjshir,

Laghman, Faryab, Jawzjan and Badakhshan). Reception

of the trainings was excellent; district-level officials in

every target province requesting more professional

trainings of the same nature from their national

counterparts in Kabul. As a result, the Minister of Justice

requested JHRA re-tailor a second round of trainings for

the same provinces – this time focusing on the Civil Code,

draft Criminal Procedures Code, and the EVAW Law. The

Centre for Afghan Civil Society Support (CACSS) is

currently working with MoJ officials to develop interactive,

16-day trainings on these topics for delivery in early 2012.

To affect a larger scale of long-term behaviour change

rooted in a deeper knowledge of constitutional, legal and

human rights, the trainings provided to justice officials

through JHRA programming were complemented with

trainings on the same topics for community and religious

leaders in the same target districts. The training contents

were revised for a non-legal audience by implementing

partner Educational Center for Poor Women and Girls in

Afghanistan (ECW), with additional sections on

“Protection of Women and Children in Criminal Law” and

“Access to Defense Council”. The trainings sought to both

bring a common understanding of the most forthcoming

legal issues arising at the community level among

traditional community leaders and State justice providers,

and increase the overall access to legal knowledge

available to the public through their most accessible

leaders.

Trainings to community and religious leaders are also

necessary because the majority of Afghans do not have

access to State justice facilities – due to financial, security

or infrastructure restraints – and therefore rely on

community leaders to resolve up to 80% of community

disputes. This role, though unofficial, has enormous

influence over the way in which rural Afghans are able to

resolve inter-personal and inter-familial conflicts, and the

longer-term impact on community harmony that informal

dispute resolution decisions can have. From a pro-active

perspective, the inclusion of religious leaders in legal- and

rights-focused trainings can influence community and

family relations through the inclusion of positive

messaging on human rights and Islamic values in Friday

Women Require More Knowledge of Their Rights

UNDP trains teachers and students on women’s rights in Islam July 2011 – The Taliban’s rule of Afghanistan from 1996-2001, though short lived, imposed harsh social limitations on the freedom and human rights of women that have continued to be applied in many rural areas across Afghanistan. Often confined to their homes, the restricted mobility of women could worsen as its impact crosses generations. UNESCO estimates that fewer than 15 percent of women are literate, and very few finish primary school. UNDP’s Justice and Human Rights in Afghanistan (JHRA) project is providing public legal awareness and human rights “training of trainers” (ToTs) to teachers and community leaders in nine provinces to help reverse the possible long-term impact of the exclusion of girls from formal education.

Working with local NGO Humanitarian

Assistance Muska (HAM), JHRA has

organized over 50 ToTs for teachers on

ethics, values and justice in Islam; human

rights and children rights in the Afghan

Constitution; and gender and justice in

school. Through this network of trained

teachers, JHRA has reached 43,000

students, almost exclusively girls, with this

rights-based curriculum.

Figure 3 Schoolgirls in Faizabad, Badakhshan

present a role play depicting girls’ right to

education.

18

sermons. Social Development and Legal Rights (SDLR)

worked with JHRA and the MoJ to develop trainings on

Land and Family Law and the Protection of Women and

Children in Criminal Proceedings for community and

religious leaders in Jawzjan, Faryab and Badakhshan.

Completing the comprehensive approach to legal and

human rights education at the district level, JHRA has

supported trainings to teachers on right to education, child

rights and women’s rights, as well as practical

components on curriculum development, in order to bring

common messaging on human rights to school children.

Educating children of their rights and obligations within

Afghanistan, both as community members and as citizens,

has the most promise to affect long-term change. Today’s

children have grown up in increasingly isolated

environments, where lack of security and distrust of

outsiders has narrowed their scope of influence to those in

their immediate vicinity. Engaging children can have a

two-way impact on the internalization of human rights

principles: 1) children are most receptive to new concepts,

without significant cultural or environmental influence; 2)

children have the greatest opportunity to carry lessons

upward through their parents and siblings, to community

leaders and religious elders. Through JHRA’s Training of

Teachers Human Rights Programme, implementing

partner Humanitarian Assistance Muska (HAM) trained

441 teachers, reaching over 21,000 children in Faryab,

Jawzjan and Badakhshan.

Policy Support

In 2011, UNDP played a leading role in developing the

National Public Legal Awareness Strategy (NPLAS) action

plan and Legal Aid Policy in collaboration with the MoJ

Huquq Department. Both the Strategy and the Policy were

launched nationally in Kabul on 31 May 2011, at a

conference hosted by the MoJ and supported logistically

and financially by JHRA. The conference focused on the

National Legal Aid Policy as a thematic topic, the

sustainability of policy initiatives from Afghanistan

government resources to provide services to the most

vulnerable groups, and methods for strengthening

protection mechanisms for victims of domestic violence.

The national conference welcomed 115 participants,

including justice officials, senior representatives of the

international donor community and Afghan CSOs. Experts

from a wide range of governmental and NGOs formed the

“We like this class because it shows us that

all children have rights, and helps us talk to

our parents about going to school,” says

Hamida, a grade 3 student from Faizabad,

in Badakhshan Province, who travels from

another village to attend the rights course.

“My parents are very supportive. Both me

and my younger sister go to school, and I

want to go to university and become a

teacher. We have talked to our neighbours

too, through our parents, and now more

families in our village are sending their

daughters to school too!”

The JHRA project also conducts regular

trainings through local NGO Educational

and Training Center for Poor Women and

Girls of Afghanistan (ECW) to inform

community leaders about the same issues.

These leaders – such as religious leaders

and village elders – can then pass these

ideas on to their communities. This ensures

that social changes and growth happen

uniformly, with all members of the

community accessing the same

information about human rights in Islam

and their practical application in

Afghanistan.

“Islam teaches that everyone has an

obligation to realize their full potential,”

said Halim, member of the village shura, or

elders’ council, for Badakhshan. “So how

can we stop girls from going to school? We

talk to people about the true Islamic values

to build a strong community.”

19

panels, including the Ministry of Hajj and Religious Affairs,

MoWA, Shura Ulema, Afghanistan Independent Human

Rights Commission (AIHRC), Afghanistan Independent

Bar Association (AIBA), the Afghanistan Women’s

Network (AWN) and the Legal Aid Organization of

Afghanistan (LAOA). The event aimed to improve the

level of cooperation and dialogue between justice sector

institutions and civil society at both the central and sub-

national level, and to establish specific district initiatives

beyond provincial capitals.

Due to the success of the national conference, and the

need to transfer information about the national pr9iorities

to justice implementers at the provincial and district levels,

JHRA was asked to replicate the conference in its target

provinces. In coordination with MoJ officials, JHRA

prioritized regional centres for the first round of

conferences. In 2011, JHRA invited the Head of the MoJ

Legal Aid Department and the Head of the Public Legal

Awareness Unit to present their Policy and Strategy to

sub-national justice officials in Bamiyan (July 2011),

Daykundi (September 2011) and Herat (December 2011).

Daykundi was chosen at the request of the provincial

governor there, and expedited due to difficulties in

travelling to the province between October and April.

Herat, though it is not a target province, is the regional

centre for Western Region, and provided an easier forum

in which to engage participants from Badghis and Ghor.

The conferences at the provincial level included half-day

workshops in which participants were asked to work in

groups to identify justice needs, challenges and

opportunities. These were presented and action plans

were developed based on the identified resources in

province, and inputs from the national-level

representatives. These action plans included the

assignment of responsible parties, bridging government

and civil society, and provide a clearly communicated tool

for measuring progress on implementing and monitoring

the Legal Aid Policy and Public Legal Awareness

Strategy. Conferences are planned for Nangarhar, Kunar,

Laghman and Panjshir for Q1 2012.

Public Legal Awareness

JHRA has worked with the MoJ Public Legal Awareness

Unit to develop community outreach activities for remote

regions that can increase Afghan’s knowledge of their

constitutional, human and legal rights, and contextualize

Reaching Out to Remote Populations

Justice and Human Rights Awareness Takes

Off In Daykundi

September 2011 – Over 120 government

officials, community and religious leaders,

women’s groups, and justice providers in

Daykundi attended the conference to

introduce the Afghanistan Public Legal

Awareness Strategy and Legal Aid Policy. The

conference, held in the provincial capital Nili,

was opened by the Governor, and featured

presentations by the heads of the Legal

(Huquq) and Legal Aid Departments on

Kabul’s newest policies to assist the poor in

the country’s most remote regions in

accessing fair and equitable justice.

The conference was supported under the

United Nations Millennium Development

Goals Fund (MDG-F) as part of the Peace

through Justice programme, a joint

programme conducted through UNDP, UN

Women, UNICEF and UNODC that focuses on

district-level justice sector capacity building

and public legal awareness.

Nili is in the center of Daykundi province, and

is both the provincial and district capital. As

you drive into the city through the sand

dunes and dust, layers of majestic mountains

stretching into the horizon on all sides, it is

hard to imagine that this small village,

consisting of little more than a mud-brick

market, could be the major urban center for

the province. Driving out of the main

residential area, home to Nili’s 8,000 citizens,

and over a crest in a valley, a number of

newly constructed, multi-level buildings come

into view. Though none of these buildings

have running water or electricity yet, city

planning has clearly gained momentum

recently. Nili is developing.

Figure 4 Daykundi Governor Qurban Ali

Oruzgani addresses the conference.

20

these within the Islamic values that underpin Afghan

culture and social relations. Because the majority of rural

Afghans are illiterate, and have had limited access to

education beyond the primary level, community theatres

performed directly in villages have proven to be the most

effective media through which to deliver somewhat

complex concepts of rights that occasionally challenge

social norms. Over 13,000 villagers in 21 districts in

Badakhshan, Faryab and Jawzjan attended community

theater performances on violence against women and

resolution of land disputes. The performances were

entertaining, and follow up evaluations of the activities two

months after the performances were held indicated that

the messages were widely taken up by the communities.

While no data on actual incidences of domestic violence

or land disputes can reliably be quoted here, the key

messages from the performances were recalled by

community members both upon request and without

prompting.

The community theater performances were accompanied

by visual materials branding the same messages.

Posters, banners and hats were distributed in each of the

villages where performances were held, and video

screenings of short films that promote women’s rights

were held with community leaders, and followed by focus

group discussions on their thoughts concerning the key

points raised in the videos, and the way in which they are

reflected in their communities.

For greater scope, a mass media campaign was

conducted by JHRA’s implementing partner, Saba Media

Organization (SMO). SMO worked with JHRA and MoJ

PLAU staff to develop accessible public outreach media

for broadcast nationwide and through local radio stations

in Jawzjan, Faryab and Badakhshan. In Q1 2011, SMO

produced 2 legal dramas, 2 informative programmes and

3 songs, which were broadcast nationally on Radio Nawa

and relayed through its local partners for three months

ending in May.

Daykundi is a new province in Afghanistan.

Carved out of the northern half of Uruzgan in

2001 by the current government, the province is

struggling to overcome the vast distances,

rugged terrain, limited infrastructure and under-

developed resources within its borders. While

justice providers at the district level across the

country lack basic knowledge of the Afghan

legal system and laws, Daykundi does not have a

single defense lawyer, and less than half the

districts have judges or prosecutors. Most legal

issues fall out of necessity to the shuras, or

elders’ councils, who have little to no formal

education, and rely heavily on local traditions

and Islamic beliefs to guide their verdicts.

“This is a wonderful initiative,” said Nili Mayor

Azra Jafari, the first female mayor in

Afghanistan. “There is such a shortage of basic

knowledge in Daykundi. I get constant calls from

District Heads asking for help with planning and

development. Even for little things. And there is

just no awareness about the law. We need to

make sure that all of Daykundi’s districts get

access to this information, because it will help

people understand what they have a right to,

and how the justice system works so they can

access their rights.”

The Public Legal Awareness and Legal Aid

conference marks the first step in PtJ’s justice

strengthening programme. Working with civil

society organizations both in the province and

from Kabul, UNDP will be providing specialized

legal trainings to judges, prosecutors, and

judiciary police, as well as other community

leaders, such as religious and traditional leaders,

women’s shuras, and teachers. These trainings

are underpinned with nationwide and

geographically targeted media campaigns,

which present legal procedures and laws in an

accessible format for the majority under-

educated public in rural Afghanistan.

“I am very excited about this conference,” said

Samira, a high school student from Nili. “I want

to know about the law. Women do not have the

same rights as men in Daykundi, so we need to

educate ourselves to make us stronger.”

Figure 5 Daykundi Department of Women’s

Affairs provided a temporary venue to host

the unprecedented crowd.

21


% of

progress

rate/delivery

Activity Result 3.1

3.1.1 Engineering

infrastructure

assessments

conducted and justice

sector facilities

prioritized for

rehabilitation in three

provinces.

Project surveys for justice infrastructure construction

projects in Nangarhar, Kunar and Bamyan have been

completed in coordination with Supreme Court

engineers.

21%

3.1.2 A total of 12

justice facilities

constructed and

equipped with

necessary supplies in

three provinces -

(district primary courts,

district detention

centers, AGO office

and judges’

residences).

Construction of eight justice facilities in Faryab,

Jawzjan and Badakhshan completed and handed over

to local justice authorities.

Construction of a detention centre in Baharak,

Badakhshan has started, despite initial delays due to

an ownership dispute over the allocated land.

Construction of a primary court and joint

Huquq/prosecutor’s office in Dara, Panjshir completed

and handed over to local justice authorities.

Construction of three justice facilities in Dara, Panjshir

and Shahristan, Daykundi 80% complete.

Contracts for construction of three justice facilities in

Sari Pul and Sangi Charak, Sari Pul re-advertised.

Two contractors shortlisted for construction of six

facilities in Nangarhar, Kunar and Bamiyan. Contracts

for these facilities to be finalized in Q1 2012, with

construction commencing in March 2012.

Activity Result 3.2

3.2.1 Baseline study

and M&E tools

developed for

awareness raising

activities.

Two needs assessments (one targeting justice officials

and one targeting civil society) have been developed to

identify capacity and technical gaps in each province.

Provincial justice officials and AIHRC engaged in Herat

(targeting Badghis and Ghor), Bamiyan (targeting

Bamiyan, Daykundi and Sari Pul) and Nangarhar

(targeting Nangarhar, Kunar and Laghman) to conduct

the assessments quarterly.

A perception audit (targeting the public) has been

developed to monitor public perceptions of the justice

sector to inform public legal awareness programming.

Justice coordination teams established in Herat and

Nangarhar to develop and continue programming

throughout Eastern and Western Regions. Selection

process for media agencies to conduct perception

audits currently underway.

21%

22


% of

progress

rate/delivery

3.2.2 Village level

public awareness

activities, mass media

awareness raising

activities (radio,

publications).

Saba Media Organization (SMO) developed and

broadcast 2 legal dramas, 2 informative programmes

and 3 songs on Radio Nawa from Kabul and with local

radio stations in Faryab, Badakhshan and Jawzjan.

Feroogh Media Group held community theater

performances on violence against women and

resolution of land disputes in 21 districts in Faryab,

Badakhshan and Jawzjan (over 13,000 attending).

Over 10,000 PLA posters were distributed to villages in

which community theatres were held.

3.2.3 Human rights

trainings conducted to

traditional justice

actors, community

representatives,

leaders and school

teachers.

Educational Center for Poor Women and Girls in

Afghanistan (ECW) conducted workshops for religious

and community leaders in Faryab, Badakhshan and

Jawzjan on “the Protection of Women and Children in

Criminal Law” and “Access to Defense Council”.

Humanitarian Assistance Muska (HAM) conducted

trainings of trainers on right to education, child rights

and women’s rights to 441 school teachers in Faryab,

Badakhshan and Jawzjan, reaching over 21,000

students.

Social Development and Legal Rights (SDLR) held

trainings community elders (including religious leaders)

in Jawzjan, Faryab and Badakhshan on Land and

Family Law and the Protection of Women and Children

in Criminal Proceedings, reaching 967 beneficiaries,

including 154 women.

DLC issued an US$800,000 RFP for trainings and

communications materials on human rights and legal

rights, with an underlying focus on gender. The

activities will target justice officials, religious leaders,

teachers, students and the general public in

Nangarhar, Kunar and Bamiyan provinces.

CACSS is developing training materials on the Civil

Code, Criminal Procedures Code, and the EVAW Law

in coordination with the MoJ.

3.2.4 Formal justice

sector rights

awareness training

courses conducted in

provinces (e.g. right to

defense counsel,

family/personal status

law) and post training

monitoring and follow-

SDLR held trainings for 485 (76 women) judicial police

(181), judges (82), prosecutors (183) MoJ legal

department officers (39) in Badghis, Ghor, Daykundi,

Sari Pul, Panjshir and Laghman on Land and Family

Law and the Protection of Women and Children in

Criminal Proceedings.

FMG has revised training materials on the Family Law,

Land Law, and Shiite Personal Status Law for trainings

to justice officials in Nangarhar, Kunar and Bamiyan in

23


% of

progress

rate/delivery

up. 2012.

DLC Regional Coordinator has provided legal counsel

and trainings on the right to defense counsel to justice

providers through the Bamiyan Legal Working Group.

DLC Regional Coordinator has provided ongoing

technical and legal support to the four Legal Help

Centers opened in Bamiyan in 2011 to provide

paralegal services to women in the province.

3.2.5 Workshops and

seminars conducted to

CSO, implementing

partner, government

counterpart and

community

representatives.

DLC held three provincial conferences on the national

Legal Aid Policy and Public Legal Awareness Strategy

in Herat, Bamiyan and Daykundi. The conferences

featured presentations by the national heads of the

MoJ Legal Aid Department and Public Legal

Awareness Unit, and a workshop component in which

participants from provincial- and district-level justice

institutions, related government agencies, civil society

and media identified justice needs and possible action

plans.

24

III. Implementation Arrangements

All programming is agreed by the three justice institutions. The project document was

developed in collaboration with institutional stakeholders, who continue to review, approve

and sign the annual work plan and are involved in all programming decisions.

HRSU works within the MoJ, which has institutional leadership for human rights in the GoA.

It reports to the minister and responds to requests from the minister for advisory services.

The HRSU is developing the ministry’s capacity to implement human rights. As part of that

ministry, it also develops the ministry’s capacity to network and work horizontally to deliver

human rights advisory and support services to other ministries. HRSU supports the

government, through the leadership of the MoJ, to respond to international human rights

reviews and to implement international instruments and norms.

JHRA partners with government counterparts to stage conferences for government officials

and NGOs to work together to develop public policy, such as the conference on the

Convention on the Rights of the Child with UNICEF and the National Conference on Public

Legal Awareness and Legal Aid. The project thus promotes national ownership that is multi-

sectoral.

JHRA staff work with government officials at the working level; for example, DLC engineers

work closely with the engineering departments of the institutions on infrastructure projects.

Implementation is carried out by local implementing partners. In the field of public legal

awareness, these IPs are NGOs, chosen through the UNDP procurement process. For

infrastructure construction, monitoring and evaluation is done under contract by a consulting

engineering firm.

Implementation arrangements are conflict-sensitive. We look to implementing partners to

have local knowledge as to what programming can be delivered without undue risk, whether

to deliver without UN branding, etc.

25

IV. Challenges/Risks/Issues

Risks

Lack of security in many of the provinces and districts in which JHRA is carrying out

programming continues to impede project implementation. This has particular impact on the

project’s ability to monitor activities through field assessments. The project has tightened

relations with provincial- and regional-level government partners to increase feedback and

data on the impact of JHRA field activities, and is developing a computerized database for

collection of field data to support this.

Partner capacity remains a risk in programme delivery. While following national leadership,

implementation needs to take capacity and available resources into account. Ideally,

capacity analysis of partnering institutions should be conducted at the commencement of

activities, and a detailed capacity development plan can be created to provide a clear picture

of the expertise and engagement required to maximize results.

Issues

Communication gaps exist between departments within partner institutions, which

occasionally has resulted in internal miscommunication and competing interests/priorities.

JHRA has established a programming coordination team, involving focal points from all three

justice institutions. This has not only increased communication between the project and its

government partners, but also encouraged increased communication within and between the

national institutions to clarify programmatic priorities. The weekly working group meetings

have proven fruitful, and participation may be expanded to MoWA, MoHajj and AIHRC in the

first semester of 2012.

Cooperation between civil society and the government needs to be improved, particularly as

the project shifts to national implementation. This new modality puts the government in the

lead for activity execution and partnering. Support for execution in the field or the provision

of complementary programming services will be directly contracted through the government

with external parties. A partner mapping exercise is planned for Q1 2012 with the MoJ, and

will focus on areas of expertise, institutional capacity, and geographic reach.

26

V. Lessons Learnt

JHRA has taken a number of lessons concerning programme execution, partnerships, and

construction in 2011 that will help shape stronger implementation moving forward. Some key

lessons learnt from this reporting year include:

National ownership and strong government relations are integral for ensuring the fluid

execution of activities, quality of programmatic outputs, and access to end

beneficiaries. As JHRA moves forward, the team is working directly within the MoJ in

order to maintain strong communication and relations with officials from our main

government counterpart.

Programming must involve a wider scope of national and sub-national government

counterparts to expand the reach of public-focused communications. While this is

most relevant for public legal awareness programming, all levels of policy and

programmatic work can be enriched through expanded coordination networks.

Moving forward, JHRA is expanding its national counterparts from the core three

justice institutions to include MoWA and the Ministry of Hajj and Religious Affairs to

increase the audience base the project can reach through project communications.

Civil society partners vary in effectiveness and capacity. In order to ensure

programming goals are achieved, significant attention needs to be paid to building

the capacity of our CSO partners. Ad hoc skills-building sessions have been held

with implementing partners to provide technical and substantive support for public

outreach and curriculum development activities, and produced good results in final

products.

Engagement of civil society in government initiatives requires creating opportunities

for all sectors to work together to develop national policy and strategy. For example,

in preparing the Public Legal Awareness and Legal Aid conferences, the

collaborative process involving all shareholders in the critical analysis of the

respective strategies was significant for developing comprehensive ownership for

follow-on activities. Such interactions must be sustained and deepened. Productive

civil-society/governmental partnerships must continue to be forged for activities to

have genuine effect.

Security and limited travel opportunities have affected the project’s ability to carry out

direct observation of activities and ongoing monitoring. Developing formal ties with

government partners at the regional level, and equipping them with the tools and

knowledge of how to carry out effective monitoring, has proven to be an effective

means of compiling data on programmatic achievements. By engaging government

partners directly in M&E, this approach has the added benefit of involving

government in the analysis of results, and modification of programming to strengthen

overall impact.

27

VI. Future Plans

As the current phase of the JHRA project will end in June 2012, the team is developing its

future strategy with support from the UNDP country and regional offices, and UNDP

headquarters in New York. The 2012-2015 strategy builds on lessons taken from the current

JHRA project – capitalizing on areas of strength for the project and heeding specific requests

from the Minister of Justice, Chief Justice and Attorney General.

JHRA aims to bridge both the thematic and geographic divisions that the current programme

is built around. With the successful establishment and operation of HRSU, human rights and

justice will be inseparable thematic drivers for all programming. As human rights represent

overarching standards for which all Afghan and international institutions must be

accountable, HRSU will function as the project’s main government counterpart to provide a

human rights lens for all activities.

The geographic divide between centre and districts in the current project will also be bridged

through staffing and activities. Rather than separate these areas, JHRA will work within the

government to ensure information can reach the primary justice providers at all sub-national

levels, and increase coordination with line agencies at the national, provincial and district

levels to ensure programming is executed as broadly and effectively as possible.

The most significant shift in JHRA’s programming in the upcoming phase will be the full

adoption of national implementation as its execution modality. Current JHRA programming

works in coordination with the three national justice institutions; however, staffing and

activities are delivered directly by UNDP. JHRA has already begun to shift its team to the

government; all programme staff will by embedded in the MoJ in Q1 2012, which will

increase interaction and coordination with MoJ officials. Moving forward, UNDP will support

the MoJ, Supreme Court and AGO through their institutional structures. Programming will

focus on in-house technical assistance to develop and strengthen institutional policy and

strategies, and extend legal aid, public legal awareness, training, human rights and gender

expertise through specially recruited government staff at the provincial level.

28

VII. Financial Information

Table 1 Total Income and Expenditures

Donor

INCOME EXPENDITURES BALANCE

Cumulative Delivery Rate

Total Commitme

nt (USD)

Total Received

(USD)

Total Receivable (USD)

Total Cumulative Expenditur

es as of Dec 2010

Total Expenditu

re (Jan-Dec 2011)

Total Expenditur

es

Total Received

minus Total Expenditur

es

SDC III 300,000 240,000 60,000 -

- 240,000 0%

SDC II 291,808 291,808 - - 289,751 289,751 2,057 99%

SDC I 200,000 200,000 - 187,500 12,500 200,000 - 100%

Germany 200,000 200,000 - 58,057 - 58,057 141,943 29%

Denmark I 200,000 200,000 - 115,869 84,131 200,000 0.00 100%

Denmark II 566,680 566,680 - - 165,162 165,162 401,518.00 29%

Norway 193,496 193,496 - 101,116 59,924 161,040 32,456 83%

UK 287,356 287,356 - 66,697 176,375 243,071 44,285 85%

DFAIT 2,362,071 2,362,071 - 1,649,518 366,390 2,015,908 346,163 85%

EU 7,530,000 6,780,997 749,003 2,552,578 2,188,535 4,741,113 2,039,884 70%

UNDP 441,237 441,237 - 136,278 39,128 175,406 265,831 40%

Netherlands 420,200 210,100 210,100 - 65,900 65,900 144,200 31%

Total 12,992,848 11,973,745 1,019,103 4,867,613 3,447,796 8,315,409 3,658,336 69%

29

Table 2 Expenditure by Major Outputs (2011)

Project Output Budget (AWP 2011) Cumulative Expenditure as of 31 December 2011

Delivery Rate*

Output 1: Capacity of National Justice Institutions to effectively deliver justice and uphold human rights is strengthened. (MoJ TU)

187,007 60,583 32%

GMS 14,076 4,241 30%

Sub-total Output 1 201,083 64,824 32%

Output 2: Capacity of the Government of Afghanistan to fulfil its international human rights obligations in a coordinated manner is strengthened.

1,052,733 837,849 80%

GMS 79,238 58,649 74%

Sub-total Output 2 1,131,971 896,498 79%

Output 3: Capacity of district level justice sectors to effectively deliver justice and uphold human rights is strengthened.

3,108,300 1,701,228 55%

GMS 233,958 119,086 51%

Sub-total Output 3 3,342,258 1,820,314 54%

Output 4 Sound Project Management. 880,500 622,579 71%

GMS 66,274 43,581 66%

Sub-total Output 4 946,774 666,160 70%

Grand Total 5,622,085 3,447,796 61%

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Table 3 Expenditure by Donor (2011)

Donor Project Output Budget (2011)

2011 Cumulative

Expenditure as of current

Quarter

Delivery

Rate*

Denmark Output 2: Capacity of the Government of Afghanistan to

fulfil its international human rights obligations in a

coordinated manner is strengthened. 352,442 232,984 66%

Output 4: Sound Project Management.

GMS 26,528 16,309 61%

Sub Total 378,970 249,293 66%

Norway Output 2: Capacity of the Government of Afghanistan to



80,000 56,004 70%

GMS 6,022 3,920 65%

Sub Total 86,022 59,924 70%

UK Output 2: Capacity of the Government of Afghanistan to


coordinated manner is strengthened. 207,639 164,836 79%


GMS 15,629 11,539 74%

Sub Total 223,268 176,375 79%

EU Output 3: Capacity of district level justice sectors to

effectively deliver justice and uphold human rights

is strengthened. 3,605,500 2,045,360 57%


GMS 271,382 143,175 53%

Sub Total 3,876,882 2,188,535 56%

DFAIT Output 2: Capacity of the Government of Afghanistan to 467,389 342,421 73%

31




GMS 35,180 23,969 68%

Sub Total 502,569 366,390 73%

SDC Output 2: Capacity of the Government of Afghanistan to



282,972 282,477 100%

GMS 21,299 19,773 93%

Sub Total 304,271 302,250 99%

The

Netherlands

Output 1: Capacity of National Justice Institutions

to effectively deliver justice and uphold human rights is

strengthened. (MoJ TU) 196,090 61,588 31%


GMS 14,759 4,311 29%

Sub Total 210,850 65,900 31%

UNDP Output 2: DGU Activity. 39,129 39,128 100%

Grand Total 5,621,961 3,447,796 61%

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Table 4 - Expenditures by Inputs - Current Year

Categories AWP Budget

(Current Year) Total Expenditure

(Current Year) Delivery Rate

Human Resources 1,959,891 1,468,362 75%

Implementation Contracts 2,207,376 1,174,945 53%

Implementation Grants - - 0%

Capacity Development 288,877 190,933 66%

Procurement & Assets 702,762 347,078 49%

Knowledge Products & Publications 50,551 31,179 62%

Sundry/Misc 18,967 9,742 51%

Service Cost (GMS) 393,537 225,557 57%

Total 5,621,961 3,447,796 61%

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