Baseline Study Report 2013
Afghan Management & Marketing Consultants Page i
Embassy of Italy in Afghanistan
Baseline Study of Justice Stakeholders Training Needs
in Herat Province
Funded By:
Italian Embassy in Kabul- Development Cooperation Office
Baseline Study Final Report
Herat Province
By
AFGHAN MANAGEMENT & MARKETING CONSULTANTS (AMMC) [email protected]
+93 752021262
Baseline Study Report 2013
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Baseline Study Report 2013
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ACRONYMS
AIHRC Afghanistan Independent Human Rights Commission
AMMC Afghan Management & Marketing Consultants
ANDS Afghanistan National Development strategy
DoE Department of Economy
DoJ Department of Justice
FGDs Focus Group Discussions
IDCO Italian Development Cooperation Office
IDLO International Development Law Organization
JHRA Justice and Human Rights in Afghanistan (JHRA project)
MoWA Ministry of Women Affairs
NJSS National Justice Sector Strategy (NJSS)
NPP5 National Priority Program Five
UNDP United Nations Development Program
UNODC United Nations Office on Drugs and Crime
USAID United States Agency for International Development
WB World Bank
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TABLE OF CONTENTS
Contents Page Nos. Executive Summary 3 – 6
Literature Review 8 – 15
Introduction 16 – 18
Approach and Methodology 19 – 24
Analysis of Semi-Structure Interviews with Department of
Justice Staff
26 – 28
Analysis of Semi-Structure Interviews with Huqooq Department
Staff
29 – 32
Analysis of Semi-Structure Interviews with Staff of Department
of Juvenile Rehabilitation
33 – 35
Analysis of Semi-Structure Interviews with Legal Aid
Department Staff
36 – 39
Analysis of Semi-Structure Interviews with Faculty of Law 40 – 46
Analysis of Semi-Structure Interviews with Faculty of Sharia 47 – 50
Analysis of FGDs with Students of Law and Sharia 51 – 54
Limitations of Survey 55 – 56
Recommendations 57 – 60
Annexure 61 – 82
References 83 – 85
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Please note that the contents of this publication, including any opinions or analysis, indicate
the personal assessment of the author and do not necessarily reflect the official views or
policies of the Directorate General for Development Cooperation of the Italian Ministry of
Foreign Affairs.
This study was not formally edited.
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EXECUTIVE SUMMARY
Since 2001 the Afghanistan government has been taking measures to reform the country‟s
justice sector with a view to create a fair, accountable and accessible justice system and
ensure the application of the principle of the rule of law. However, there is still a dire need to
strengthen the justice system and enhance the capacities of Justice Institutions for moving
towards a progressive civil society in Afghanistan. Since 2001, Italy has supported the
Government of Afghanistan in its efforts to strengthen rule of law. The Italian government
has made a significant contribution to the reform of the justice system in Afghanistan by
funding initiatives aiming to consolidate national judicial institutions. In this regard Italy has
invested both human and financial resources in training activities for Afghans working within
the justice institutions and justice service providers.
Furthermore, the Italian Development Cooperation Office (hereinafter referred to as “IDCO”)
plans to continue supporting Afghan justice institutions through providing relevant training
courses and capacity building activities with a particular focus in Herat. However, prior to
launching its capacity building initiatives, IDCO conducted a baseline study of justice
institutions and other relevant stakeholders in Herat. The baseline study focused on two
beneficiary groups:
1. The Staff of the Provincial Department of the Ministry of Justice of the Province of
Herat, including those working within the offices of the Hoqooq Department, Legal
Aid and the Juvenile Rehabilitation Centers.
2. This study also focused on professors and students of the Faculties of Law and the
Sharia Law Faculty at Herat University.
The overall purpose of the study was to provide a reliable baseline information and capacity
building assessment of the beneficiary groups before the training activities are conducted.
Thus, a detailed approach and methodology was used to carry out the baseline study. A
representative sample was drawn from the selected beneficiary groups. Survey tools of
semi-structured interviews and Focus Group Discussion were also developed and tested.
Staff was hired and trained for holding interviews and focus groups were made with various
justice stakeholders to identify what if any training and capacity building needs may be
helpful.
The field work was carried out in July 2013. There were some limitations met the main one
being the refusal of a few respondents in sitting for the interview. Another limitation was the
unavailability of some staff. After the completion of the field work data it was put into the
database and an analysis was carried out and thus the baseline study report was produced.
Based on the findings of the study, specific recommendations have been drawn for IDCO to
consider in their future plans.
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The first group involved in the study was the Provincial Department of the Ministry of Justice
of the Province of Herat (hereinafter referred to as “Department of Justice” or “DoJ”) and its
related departments i.e. Huquq, Juvenile Rehabilitation and Legal Aid were surveyed. The
staff of DoJ primarily deals with administrative matters related to its justice departments i.e.
Huquq, Juvenile Rehabilitations and Legal Aid etc.
The Huquq department performs a number of functions1 the most important being the legal
disputes of estate, family and loans. The main functions include publicizing legal information
as a way to promote public legal awareness, securing the rights of those entitled to
properties of individuals infringed by power holders and opportunists during the decades-
long war and resultant insecurity in the country, provide restitution for such properties based
on the documents proving entitlement and ownership by the true owner, promoting the rights
of creditors from debtors according to the law, preventing illegal marriages and marriages
that conflict with Islamic Sharia, safeguarding rights of widows and preventing discrimination
and violence against women and safeguarding the properties and assets of real and legal
persons..
The Juvenile Rehabilitation department2is responsible to provide general care and basic
necessities such as food, shelter, clothing and health facilities for detained juvenile
offenders. It is also responsible for rehabilitation and education of detained juvenile
offenders.
The department of Legal Aid3aim is to defend the rights of indigent suspects and accused
persons for free and ensure their access to justice. The department provides legal
assistance to destitute people who cannot afford lawyers and represent them in court.
The persons surveyed in all of the aforementioned departments informed of high workload
and under-staffing. Few of the staff interviewed during the baseline was under-qualified and
had limited experience. Apart from the Huquq department the survey team was not provided
with information on case management database by the concerned staff of Juvenile
Rehabilitation and Legal Aid departments. The staff of concerned departments had received
training courses organized either by government or the international organizations working in
the justice sector.
The major training needs identified by the respondents during the interviews include Legal
Codes of Afghanistan, Laws of Inheritance, Civil Law and Family Law for the Huquq
Department; Children Psychology, Counseling Skills, Children Rights, Civil Laws and
Trainings on Teaching Methodologies for Juvenile Rehabilitation department; Principles of
Justice, Laws of Inheritance, Civil Law, Business Law and Criminal Law for department of
1 http://moj.gov.af/en/page/1672
2 http://moj.gov.af/en/page/1680
3 http://moj.gov.af/en/page/1674
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Legal Aid and administration/management, finance and computer skills training for
administrative staff.
Thus, the AMMC baseline survey team feels that there is need of investing in qualified
human resources – both administrative and legal professionals for the departments,
development of proper case management database and most importantly specific and
professional capacity building programs for relevant staff.
The second group surveyed in the study consisted of the Law Faculty and the Sharia Law
Faculty at University of Herat. The interviews of Faculty of Law were smoothly carried out;
however, the staff faced difficulty in carrying out interviews of Faculty of Sharia as most of
the teachers were not available to give interviews.
Most of the respondents during the interview expressed satisfaction with the teaching
method of the faculty. The educational qualification of a significant number of faculty
members was Bachelors with only a few teachers having Master‟s degree. The faculty
members had also participated in training courses organized by the University. The faculty
members stressed on the need for capacity building programs and stated that these
programs are necessary for their personal and professional development. Similarly few
faculty members also expressed the need for fellowships and scholarships program for
faculty members in order to upgrade their professional academic knowledge. Moreover,
faculty members also suggested stocking library with latest books and academic resources
like research papers, journals and articles etc.
Focused group discussions were also held with one group each of male and female students
from both faculties i.e. total 4 Focus Group Discussions (FGDs) were held with students.
One of the key suggestions from the discussions with students was that the teachers in both
faculties should upgrade their qualification and professional academic knowledge to be able
to deliver better teaching to the students. Moreover, the students also stated that research
and practical work opportunities are almost negligible for them to practically apply their
knowledge and skills. The respondents also expressed the lack of academic resources
(research papers, articles, journals etc.) and books on law in the library.
Thus, the AMMC baseline team feels that faculties of Law and Sharia Law at University of
Herat could benefit from professional trainings on teaching methodologies, trainings on
research methodologies, practical research projects for students to practice their knowledge
and skills, updating and stocking the libraries of Faculties of Law and Sharia with relevant
text books, professional and reference books and academic resources (research papers,
journals and articles) etc. Lastly, the curriculum might also be revised and upgraded
according to the demands of the market and international academic standards.
The findings of this study highlight that efforts are needed to strengthen the justice system
and enhance the capacities of Justice Stakeholders in Afghanistan. Some areas that need to
be improved are include investment placed in human resources to hire competent legal
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professional, specific and professional capacity building programs, provision of necessary
resources (books, research material etc.) and awareness raising on basic laws and rights.
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Baseline Study of
Justice
Stakeholders
Training Needs in
Herat Province
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Section I
LITERATURE REVIEW
REFORMING JUSTICE SYSTEM IN AFGHANISTAN
Since 2001 Afghanistan has undergone a significant period of reconstruction and reform of
all key state institutions aimed at ensuring the effective and efficient delivery of essential
public services to the Afghan population throughout the country. Judicial reform programs
have been of crucial relevance to address this challenging task. It was commonly observed
that the justice sector in Afghanistan was among the most significant but also most
problematic areas of reform. (Suhrke and Borchgrevink, 2008)
During the past ten years, with the support of the international community, the Government
of Afghanistan has been working hard to establish sustainable democratic institutions and to
restore and maintain trust in the rule of law.
In 2005, the Afghan Ministry of Justice (MoJ) launched a 10-year plan for reform, Justice for
All: a Comprehensive Needs Analysis for Justice in Afghanistan. (Wyler, 2010) The plan
identified four main areas of reform, namely: institutional strengthening; reaching out to the
people; reaching out to traditional justice; and supporting other government programmes
such as counter-narcotics, anti-corruption or land tenure.
In 2008, the Government of Afghanistan began to focus on the informal sector and as such,
both Afghanistan‟s National Justice Sector Strategy (NJSS) and the Afghanistan National
Development Strategy (ANDS) of 2008 highlighted the need for the government to adopt a
policy on the Afghan state‟s relations with non-state resolution councils. In 2009, in close
consultation with the Afghanistan Independent Human Rights Commission (AIHRC), the
Supreme Court, the United States Agency for International Development (USAID), the
Ministry of Women‟s Affairs (MoWA) and the United Nations Office on Drugs and Crime
(UNODC), among others, the Ministry of Justice (MoJ) drafted a National Policy on Relations
Between the Formal Justice System and Dispute Resolution Councils. The policy paper,
aims at increasing women‟s participation in informal dispute resolution as well as
acknowledging that informal bodies have positive aspects that should be strengthened, while
recognizing that there are sometimes informal justice decisions that violate the law and
therefore should be eliminated. Moreover, the draft contains provisions that require serious
crime to be prosecuted by the state and in some cases, allow petty crimes to be diverted
from the state to informal justice mechanisms. (Claude, 2010)
NATIONAL PRIORITY PROGRAM FIVE (NPP-5)
In June 2013, the National Priority Program Five (Law and Justice for All) was developed to
set out a framework for a fully operational system for delivering justice services in
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Afghanistan, one that is capable of protecting citizen‟s rights while maintaining order and the
rule of law.
The goal of NPP5 is “to restore the trust of Afghan citizens in the ability of the justice system
to protect and defend their personal, economic, social and national interests through its
demonstrated and faithful adherence to the rule of law.”
The NPP5 has five Components designed to achieve the program goal and high-level
objectives:
1. Legal reform and legislative effectiveness
2. Enhancing efficiency of the Justice Sector
3. Increasing meaningful access to Justice
4. Building institutional capacity to strengthen Justice Delivery
5. Increasing physical assets to improve Justice delivery systems
The Components and Sub-Components of this NPP are directly influenced by national
priorities relating back to the Afghanistan National Development Strategy (ANDS) and the
Millennium Development Goals (MDGs).
The NPP5 has a clear focus on building the capacities of national justice institutions by:
Improving the legislative process
Increasing Human Resource capacity
Enhancing efficiency in the justice sector
Increasing meaningful access to justice
Increasing public legal literacy
Building institutional capacity to strengthen justice delivery
Improving human resource and administrative capacity of JSIs
Improving legal training and Stage programs for judges, prosecutors and lawyers
Strengthening capacity of Huquq departments
Improving juvenile rehabilitation services
Increasing the availability of justice institutions nationally
(National Priority Program Five, June 2013)
INITIATIVES TO REFORM AND RECONSTRUCT THE JUSTICE SYSTEM IN
AFGHANISTAN
Afghanistan and its international partners have pursued efforts to reconstruct the justice and
legal system of the country since 2001. The plan specified that the Afghan government must
take the lead and, among other things, the reforms must be Afghanistan appropriate.
(Claude, 2010)
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Since 2001, many capacity building projects have been carried out by several international
organizations funded by international organizations and countries such as United Nations,
the United States, United Kingdom, Italy, etc. to reform the justice system of Afghanistan.
Among these countries and organizations, Italy has had a more strategic focused to reform
the Justice System and improve the capacity of this system. In this report, we focus on the
Italian contribution to reconstruct the Justice system in Afghanistan.
THE ITALIAN CONTRIBUTION TO THE RECONSTRUCTION OF JUSTICE
SYSTEM OF AFGHANISTAN
Since 2002, the Italian Government has supported the justice system with a focus on the
following three sectors: legislative reform, judicial training for workers in the sector, and
logistical and infrastructural assistance to judicial institutions. The primary focus in the justice
sector that were at the forefront of the international community‟s intervention, ranged from
the absence of a complete and organically structured legislative and infrastructural
framework, to the lack of judicial institutions of human resources necessary for starting the
process of reconstructing the presence of the rule of law over Afghanistan.
The Italian contribution to support the justice system of Afghanistan can be seen in three
Phases:
The Lead Phase (2003-2005)
After an initial review of the conditions of judicial administration and of the legal foundations
of the Afghan justice system, the Italian Justice Program Office, formally established in 2002
and operational since February 2003, identified several priority areas to focus its efforts. Italy
concentrated its activities on the following three sectors: legal training for employees in the
justice sector, assistance to the infrastructure of the judicial institutions, and legislative
reform.
The Afghan Ownership Phase (2006-2009)
The Afghan Government adopted a framework program, the National Justice Program,
through which the new five-year National Justice Sector Strategy (NJSS) was to be
implemented. The establishment of the JSRP (Justice Sector Reform Project), in addition to
marking an important course change in the approach of the international actors towards
reconstruction of the sector represents the final step in a path that began with the
preparation of the Rome Conference on the Rule of Law in Afghanistan.
At this stage, the Italian Cooperation in the justice sector was characterized by technical
support of legislative reform, and support for strengthening judicial institutions through
rehabilitation and reconstruction of justice system infrastructure (courts, prisons, etc.),
training courses for judges, prosecutors and managerial staff of the Ministry of Justice, and
the supply of materials.
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The Transition Phase (from 2010 onwards)
The adoption of the NJSS and the National Justice Program (NJP) as the principal results of
the 2007 Rome Conference, along with the definitive approval of ANDS in 2008, were
supposed to be milestones in the Afghan reconstruction process, representing solid and
shared institutional support showing the way forward for all of the actors involved. At this
stage Italy oriented its activities towards priority geographic areas (Herat and the western
region), with particular emphasis given to providing assistance in developing legal aid for the
indigent, extrajudicial resolution of conflicts, through its support of the Ministry of Justice‟s
Huquq Department, gender justice and specialist post-university legal training that was to be
implemented through the National Legal Training Center.
THE STRUCTURE OF THE JUSTICE SYSTEM OF AFGHANISTAN
The justice services in Afghanistan are provided by the Justice Institutions. The formal
Justice Institutions are described below.
Supreme Court
In accordance with article 117 of the Constitution, the Supreme Court as the highest judicial
branch of the government is heading the judiciary power. The Supreme Court is managed
based on law by the chief of Supreme Court, members, high council of the Supreme Court,
general administration directorate of the judicial power and some professional and
administration sections. The High Council is the most senior organization of the Supreme
Court which is representative of the judiciary power. The Supreme Court consists of these
divisions: Civil, commercial, general criminal, public and military crimes and crimes against
public security and interest divisions.
Appeal Courts
In the center of each province there is an appeal court. According to the Article 31 of the
Law on Organization and Jurisdiction of Courts, court of appeal is the judicial body at the
province level which is composed of chief of the court, heads of Dewans and other judicial
members. Head of the General Criminal Dewan shall be deputy head of court of appeals.
Based on article 32 of the Law on Organization and Jurisdiction of Courts, the Courts of
Appeals shall contain the following Dewans: General Criminal Dewan, Public Security
Dewan, Civil and Family Dewan, Public Rights Dewan, Commercial Dewan and Juveniles
Dewan. Article 33 of the Law on Organization and Jurisdiction of Courts mentions that “the
Court of Appeals oversees the rulings and decisions of the lower courts, in situations
according to the provisions of the related laws”
Primary Courts
Article 40 of the Law on Organization and Jurisdiction of Courts mentions that “in the
jurisdictional area of each Court of Appeals, there are these primary courts: Central
provincial primary court, Juveniles Court, Commercial Primary Court, District Primary Court,
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Family Issues primary court. Primary Courts Includes all city primary courts in the center of
provinces and district courts in the center of districts.
Other Courts
This includes children courts, family courts, primary commercial courts and counter narcotics
divisions.
Documentation Departments
These departments are located in the center of provinces and are performing documentation
of the required deeds of the people and in the districts the documentation affairs are done by
the district courts.
Attorney General’s Office (AGO)
The Attorney General‟s Office (AGO) or the Prosecutor Office is a unique agency of the
government of Afghanistan which is independent in its performance. The AGO‟s mandate
under Article 134 of the Constitution is for “investigation and filing the case[s] against
[prosecuting] the accused in the court.”
The recent LAW OF THE STRUCTURE AND AUTHORITY OF THE AG‟S OFFICE of the
REPUBLIC OF AFGHANISTAN was passed and authorized by the government of Republic
of Afghanistan in 1991 and was published in Official Gazette No: 738 in April, 1991
Article one of the AG‟s Law describes the main functions of the AGO of Prosecutor‟s Office to achieve the following five goals:
1. To strengthen legality and order in society; 2. To defend the spiritual and corporeal rights and interests of the central and local
governmental organizations, quasi- governmental institutions and private institutions, political parties, social organizations and people of the country;
3. To monitor equal application of and adherence to the law; 4. To take measures in order to prevent criminality; 5. To prosecute suspects and accused according to the provisions of the law.
Article Seven of this law describes the body of the prosecutor‟s office and the way it is formed: 1) The Prosecutor Office of the Republic of Afghanistan consists of the following:
a) The Attorney General of Afghanistan and his deputies; b) The Advisory Body; c) Professional central Presidents and directors in charge of the professional and
administrative sections; d) d. Prosecutors; e) e. Interrogators;
2) The prosecutor office is formed in the following manner:
a. Central Prosecutor‟s Office (civil, military and national security).
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b. Appellate Prosecutor‟s Office (civil, military and national security). c. Provincial Prosecutor Office d. Primary Prosecutor‟s Office (civil, military and national security).
(Law of the Structure and Authority of the Attorney General‟s Office, Official Gazette No: 738, April, 1991)
Ministry of Justice and its Internal Departments
Ministry of Justice is for providing the people of Afghanistan with the justice they need and
safeguarding their rights. The Ministry of Justice comprises of following departments:
Office of the Minister General Department of Legislative General Department of Huquq General Department of Government Cases General Department of Legal Aid General Department of Administration Gen. Department of Registration of Political Pars and Social Organization Department of Inspections Directorate of Planning Gen. Department of Prisons and Detention Center Gen. Department of Juvenile and Rehabilitation Department of Publications Human Rights Support Unit
INFORMAL DISPUTE RESOLUTION MECHANISM
Afghan law is generally classified into three different legal traditions. The first is Secular Law,
a product of Western positivist thought. (Igbinedion, 2009) The second type of law is Sharia,
or Islamic Law, using the Qur‟an as its primary source. The third type is folk Sharia or
Customary Law. These are not laws per se but rather unwritten social and moral codes that
guide the informal justice system. (Igbinedion, 2009)
The majority of Afghans involved in disputes over property, inheritance, family issues and, in
some cases, criminal matters rely on community-based traditional dispute resolution (TDR),
commonly known as peace councils or shuras.
Afghans turn often to local, informal mechanisms such as local shuras or jirgas run by
mullahs or other local elders with religious standing. The traditional justice sector often is
used to adjudicate disputes involving local property, familial or local disputes, or personal
status issues. An estimated 80 percent of all criminal and civil disputes in Afghanistan are
resolved outside the formal legal system through various community forums known as
SHURAS/JIRGAS, and JALASAS(USIP Report by Barfield and others, and 2007 Reports
on Human Rights Practice in Afghanistan).The non-governmental dispute resolution bodies
are widely considered more responsive and timelier in resolving cases, particularly those
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types of cases that are usually brought to these local decision bodies (Wyler and Katzman,
2010).
The formal justice sector is still unable to reach many parts of the country and functions
poorly in areas where it has a presence, with many judges and other legal professionals
illiterate and unable to understand or apply the laws of the country appropriately (UNDP
2007 Afghanistan Human Development Report).
According to another report by USIP (United States Institute for Peace), in Afghanistan, the
formal justice system has limited reach and legitimacy. The country often struggles to
properly function in an environment where human resources and infrastructure are seriously
limited and constrained. With the justice system already very weak in the urban environment
where the central government is the strongest, in rural areas, where about 77% of the
population resides, functioning courts, police and prisons are often non-existent. (Barfield,
Nojumi and Their) Therefore, the majority of Afghans rely on a more traditional, informal
justice system. Disputes are settled, if at all, at the local level by village elders, district
governors, clerics and police chiefs (Wardak, 2004).
Currently, both the formal and informal justice systems co-exist parallel to each other in
Afghanistan, with very few interactions and low public trust in the formal system. (Claude,
2010)
The traditional justice mechanisms is being described as having the advantages of being
familiar to the population and are less costly and more accessible than courts. According to
a survey by the Asia Foundation (2010), respondents in all regions were most positive about
the accessibility of local shuras and jirgas than the traditional system. Overall, the traditional
justice system is believed to perform better than modern state justice, which explains why
public confidence is higher for shuras and jirgas (66%) than for the state justice system
(48%) (Rene, 2010).
Throughout Afghanistan, informal mechanisms tend to be restorative rather than retributive,
seeking to promote community harmony through Islahi (reconciliation) rather than focusing
on individual rights or personal punishments. USIP notes that informal mechanisms
frequently assign both parties with the responsibility to compensate for wrong done and
restore communal harmony. In addition, these mechanisms tend to be voluntary, allowing
members of both parties to walk away if they cannot resolve the dispute (Barfield, Nojumi,
2006).
The informal justice system is also characterized by serious shortcomings as noted by
international human rights organizations such as Amnesty International or Human Rights
Watch. For instance, women are rarely allowed to participate in the process of dispute
settlement, to take part in the jirgas or even be presented before the assembly when they
are a party to a dispute as most of the jirgas are either entirely male or male dominated.
(Claude, 2010)
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Currently, both the formal and informal justice system co-exist parallel to each other in
Afghanistan, with very few interactions and low public trust in the formal system. According
to USIP, however, both systems are also inter-dependent to a certain extent.
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Section II
BASELINE STUDY REPORT
INTRODUCTION
Building and strengthening rule of law in developing nations, particularly in countries like
Afghanistan that represent a transition or post conflict environments, has become a central
focus for international development agencies. Over the past decade, Afghanistan with the
support of the international community has taken dynamic steps towards pro democratic
movements. Around the world, many people suffer because they lack access to justice or
have limited knowledge about justice services. Unable to afford lawyers and ignored by
authorities, their rights are routinely violated – cheated by employers, preyed upon by
corrupt officials and victimized by violence. Often poor and disenfrachisedindividuals
struggle to find means of recourse or redress for the harm done to them.
The rule of law as defined by the United Nations Secretary-General in a report to the
Security Council in 2004
“It refers to a principle of governance in which all persons, institutions and entities, public and
private, including the State itself, are accountable to laws that are publicly promulgated, equally
enforced and independently adjudicated, and which are consistent with international human rights
norms and standards. It requires, as well, measures to ensure adherence to the principles of
supremacy of law, equality before the law, accountability to the law, fairness in the application of the
law, separation of powers, participation in decision-making, legal certainty, avoidance of
arbitrariness and procedural and legal transparency.” (Report of the Secretary-General: The rule of
law and transitional justice in conflict and post-conflict societies” (2004))
In communities thoughout the world, people struggle with legal issues related to housing,
family, debt, crime, property and other matters that affect their well being. Those who are
poor, geographichally isolated, or otherwisevulnerable often lack the capacity and ability to
obtain assistance in solving their legal problems. They may suffer under discriminatory laws
or lack the legal means to enforce laws that are meant toprotect them. In Afghanistan, there
is dire need of strengthening the justice system and enhancing the capacities of Justice
Stakeholders as a means to move towards a more progressive civil society.
Since 2001, Italy has been supporting the Government of the Islamic Republic of
Afghanistan in its efforts to strengthen rule of law. The Italian government has made a
significant contribution to assisting in the reform of the justice system by funding initiatives
aimed to enhance judicial institutions. In this regard Italy has invested both human and
financial resources in training activities for the staff of justice institutions and justice service
providers.
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The Italian Development Cooperation plans to continue to support the Afghan justice
institutions and Faculty of Law and the Sharia Law Faculty by providing relevant training
courses and capacity building activities with a particular focus on the province of Herat.
BACKGROUND
The Italian Development Cooperation has plans to continue to support Afghan justice
institutions and Faculties of Law and Sharia Law Faculty through the implementation of
relevant training courses and capacity building activities with a particular focus in Herat. The
capacity building efforts will be focused in two different areas:
1. Increase the skills and capacities of Department of Justice Staff
2. Improve the knowledge of professors and students of Law Faculty and Sharia Law
Faculty
However, prior to launching the capacity building initiatives there is need to conduct a
baseline study of justice institutions and other relevant stakeholders in Herat. The Baseline
study will focus on two groups:
3. Staff of the Justice Department, including the offices of Hoqoq, Legal Aid and
Juvenile Rehabilitation
4. Professors and students of the Faculties of Law and the Sharia Law Faculty at the
University of Heart including the legal clinics program.
In the selected beneficiary groups, the project team will conduct a baseline study to identify
training / capacity building needs of Justice Stakeholders. Moreover, the study will develop
an information base of the contextual profile, demographics, the existing problems and
initiatives/practices to overcome the issues and most pressing needs of the communities.
PURPOSE / OVERALL AIM AND SPECIFIC OBJECTIVES
The purpose of the baseline is:
“To provide a reliable baseline of information and capacity building assessment of
the beneficiary groups before the training activities are conducted”
SPECIFIC OBJECTIVES
The specific objectives of the Baseline Study were to:
i. Map the existing human resource composition of the two beneficiary groups and
assess their capacities based on their specific roles and responsibilities
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ii. Provide a qualitative and quantitative assessment of the work undertaken by the
Department of Justice, including offices of Hoqoq, Legal Aid and Juvenile
Rehabilitation
iii. Identify past, on-going and planned training opportunities offered to each beneficiary
group.
iv. To conduct further training needs assessment
v. Provide recommendations for the way forward
TARGET LOCATION AND TARGET GROUPS
The Baseline was carried out in Herat and the target groups from whom the information was
collected comprised:
- Staff of DoJ
- Faculty of Law and the Sharia Law Faculty
- Students of Faculty of Law and Sharia Law Faculty
The findings of the baseline are presented in subsequent chapters.
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Section III
APPROACH AND METHODOLOGY
PRELIMINARY MEETINGS WITH STAKEHOLDERS FOR PLANNING AND
DATA COLLECTION
Initial meetings were held with all relevant justice stakeholders in Herat Province. These
included the justice team of IDCO, the Department of Justice, the Hoqooq Department,
Legal Aid Department, Juvenile and Rehabilitation Center and the focal point of UNDP-
Justice and Human Rights in Afghanistan (JHRA project). In addition to the justice
stakeholders interviewed a meeting was held with the head of Department of Economy
(DoE) in order to inform them of the ongoing study. In these meetings AMMC‟s team
gathered relevant staff composition information and their designation and educational level
in order to decide sample framework. It was also necessary to hold introductory meetings
with the heads and staff of relevant departments to inform them about the baseline study.
Furthermore, the baseline study was discussed with all of them in order to get their relevant
input.
In the meeting with the Head of DoE, AMMC was informed that there is a Capacity Building
Committee in Herat province that deals with the trainings being implemented or planned to
be implemented for government staff. This committee has an annual Capacity Building Plan.
This plan was shared with AMMC and the following were the trainings that staff from DoJ
had participants in year 1392 (2012-2013):
S# Training Title No of Participants from DoJ
1 Financial and Budget Management 2
2 Human Resources Management 2
3 Procurement Management 1
4 Policy and Strategy 2
5 Law of Civil Employees and Government Employees Behavior 3
6 Labor Law 3
7 Monitoring Method 3
8 Planning 2
9 Project Management 2
10 Time and Change Management 5
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11 Monitoring and Evaluation 3
12 Management and Leadership 2
13 Conflict Resolution Management 5
14 Meeting and Conference Management 2
15 Office Management 3
16 Report Writing 3
17 Proposal Writing 2
18 Filing and Archive Management 2
19 English Language and Computer 5
When interviewing the Head of the Juvenile and Rehabilitation center it was emphasized
that they are faced with lack of resources with staffing and logistics issues. Therefore, it was
concluded that capacity building trainings would not be as effective until their basic needs
are addressed. It was suggested that AMMC team should record all their human resources
needs as well as logistical and financial needs while the survey is conducted. The AMMC
recorded the basic human resources needs of Juvenile Rehabilitation which included
psychologists to work on rehabilitation of children under detention, computer and database
operators, finance and admin staff. The logistic needs were computers, desks, chairs,
security cameras, digital photography camera, printers, scanners, internet and photocopy
etc. Thus, they said that if human resources and logistics needs of department are not
fulfilled then the capacity building program would not be useful for them.
METHODOLOGY OF BASELINE STUDY
The AMMC team adopted a systematic and step by step methodology for carrying out the
study. The methodology allowed flexibility to the team as well as ensured that accurate data
was collected. This approach and methodology used included:
i. The AMMC Team held meetings with the justice stakeholders to collect basic
information to assist in the study planning.
ii. Survey instruments were designed to collect data from the two distinct groups of
justice stakeholders. The survey instruments comprised of FGDs, interview
schedules, and checklists for information collection.
iii. Simultaneously staff recruitment for the baseline study was done i.e. hiring of
supervisors, data collectors, and data entry operators etc.
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iv. Training of the staff on the survey instruments was held and tools were also pre-
tested in a mock exercise.
v. The baseline study was carried out by organizing and conducting interviews with
respondents from two groups of justice stakeholders – staff of Justice Department
and Professors of the Faculty of Law and the Sharia Law Faculty at Herat University.
vi. Focused group discussions were held with male and female students of Faculty of
Law and Sharia Law Faculty at the University of Herat. The FGDs with Faculty of
Law Students included 10 male and 9 female, similarly 9 male and 8 female students
participated in FGDs from Faculty of Sharia Law. The respondents of FGDs were
assembled at their convenient place and time.
vii. Due to the limited resources and tight timeline the baseline activities were carried out
simultaneously for both groups of justice stakeholders. Two teams were formed for
collecting information i.e. one team for each beneficiary group. One team collected
data from the Justice Department stakeholders and the second team collected data
from the Professors and students at the University of Herat.
viii. The team consisted of four interviewers. They were divided into two teams. These
teams held interviews with the staff of the justice department and the Professors of
the Faculty of Law and Sharia Law Faculty. Similarly FGDs were held with the
students enrolled at the Herat University of the Faculty of Law and Sharia Law
Faculty.
ix. Each team was supervised by a Supervisor who was responsible for quality
assurance. Thus, total data collection team comprised four interviewers and two
supervisors.
x. After data collection, the data was checked for quality and consistency by data
collection supervisors.
xi. A database for data entry was designed for the data. The data entry started one
week prior from the start of field work so that data compilation, filtering and
consistency checks were performed on time and errors were rectified. The data entry
was done by data entry operators.
xii. The data was compiled and filtered by Data Collection Supervisors and a Data
Analyst.
xiii. The data was provided to the team leader and report writer for producing the report
of the baseline study.
DATA COLLECTION METHODS AND TOOLS
Both qualitative and quantitative data collections methods were used to collect data. The
survey tools of Semi Structured Interview, Focused Group Discussions and checklists were
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used in order to address the necessary elements of the baseline study. The survey
instruments and tools were developed by the AMMC team and pre-tested in a mock
exercise. The survey instruments are attached as Annexure-1.
STAFF TRAINING
The field team members were provided with a detailed in-house skills training held in July on
how to conduct surveys, basic interviewing and data collection skills. The training consisted
of both a theoretical session, followed by field demonstrations and pilot testing of the survey
instruments. The tools were finalized by incorporating necessary changes after the pilot
testing.
THE SURVEY INSTRUMENTS AND SAMPLE SIZE
The instruments developed for the Baseline are given in the following table:
S.# Survey Instrument Respondents
1 Semi Structured Interviews
DoJ Staff &
Faculty of Law and Sharia Law Faculty
2 Focus Group Discussions
Students of Faculty of Law and Sharia Law Faculty
3 Checklists For Quantitative Data
SAMPLE SIZE AND STRUCTURE FOR BASELINE STUDY(ACTUAL
RESPONDENTS)
Reference to the TORs developed by IDCO, two distinct groups of Justice Stakeholders
have been selected for Baseline Study i.e. Staff of Justice Department including the offices
of Huquq, Legal Aid and Juvenile Rehabilitation; and the Professors and Students of the
Faculty of Law and Sharia Law Faculty from the University of Herat. The detail of the
interviews is given below:
Staff of the Provincial Department of the Ministry of Justice of the Province of Herat
The composition of the respondents interviewed for the Baseline Survey included:
- Six staff from the Department of Justice
- Four staff members of the Huquq department
- Nine staff members working at the Juvenile Rehabilitation Center
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- All five staff of the Legal Aid Department in Heart; moreover, eight supporting project
staff of a World Bank funded justice project in Legal Aid Department
Professors and Students of Faculty of Law and Sharia Law Faculty
- Overall ten members, five male and five female representing 37% of the overall
academic staff of Law Faculty at the University of Herat were interviewed.
- Five persons were interviewed from the academic staff of the Sharia Law Faculty
representing 14% of the overall staff. The interviewers attempted to interview more staff
members; however, additional staff members did not want to be interviewed.
- Overall eighteen students, eight female and ten male students of the Law Faculty
participated in two FGDs. FGDs for male and female students were held separately.
- Overall seventeen students, eight female and nine male students of the Sharia Law
Faculty participated in two FGDs. FGDs for male and female students were held
separately.
The Table below presents the planned sample and actual survey.
Sample versus Actual Survey
Department Planned Sample Actual Survey
Department of Justice 7 6
Department of Hoqooq 5 4
Department of Juvenile Rehabilitation
10 9
Department of Legal Aid (staff of World Bank project)
5 8
5 8
Total 35 32
Law Faculty Academic Staff 10 10
Sharia Faculty Academic Staff 10 5
Law Students 16 18
Sharia Students 16 17
Total 52 50
FIELD WORK STAGE
The field work commenced on 14th of July and concluded on 25th of July.
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SUPERVISION OF ENUMERATOR AND MODERATORS’ WORK
Each team was supervised by a Data Collection Supervisor and Researcher responsible for
quality assurance. After data collection, the data was checked for quality and consistency by
the data collection supervisors.
DATA ENTRY AND PROCESSING
A database for data entry was designed for data entry. The data entry started one week from
the start of field work so that data compilation, filtering and consistency checks could be
performed on time and errors could be rectified. The data entry was done by data entry
operators. The data was provided to the team leader and report writer for producing a report
of the baseline study.
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Section IV
This section gives the qualitative and quantitative analysis of the baseline survey. The
details of staff of departments, trainings received and respondents of the faculties are
attached as Annexes 2, 3 and 4.
Qualitative and
Quantitative
Analysis
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ANALYSISOF SEMI-STRUCTURE INTERVIEWS WITH
DEPARTMENT OF JUSTICE STAFF
The Ministry of Justice Department has placed seven staff members in the Herat Province.
Overall six staff members were interviewed for the baseline survey. The staff of DoJ mostly
deals with administrative and office matters, thus few of the questions were not relevant to
their job duties. The detail of staff is given as Annex-2, while training details are given as
Annexure-3.
For ease in analysis the interview was divided in three basic themes – Key Justice Issues
and Capacities, capacity building and recommendations. The findings of semi-structure
individual interviews with staff of Department of Justice are presented in the following
passages.
KEY JUSTICE ISSUES AND CAPACITIES
ROLE OF DOJ
The DoJ‟s main role is providing legal aid providers who can provide legal
representation to people with legal problems. The staff at DoJ mainly deals with
administrative and office matters of its related justice departments i.e. Huquq,
Juvenile Rehabilitation and Legal Aid.
The respondents did not have details of the number of people who requested their
assistance in the last two years. Per the interviews, they indicated that they do not
maintain such records.
COMMON CASES/PROBLEMS DEALT BY DOJ
The DoJ deals with legal cases such as property, inheritance, loan, divorce, violation
of government estate and family rights/cases through its relevant departments of
Huquq, Legal Aid and Juvenile Rehabilitation.
The DoJ has professional staff that provides assistance to the people. The cases are
referred to relevant departments that deal with the cases according to law. If these
cases are negotiable through mediation between parties, they are resolved by the
department, otherwise sent to courts for proceedings.
The Cases are sent to courts and other decision-making bodies if the parties don‟t
agree to the decision of mediation by departments.
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CHALLENGES / PROBLEMS IN PERFORMING DUTIES
Regarding challenges faced as staff/organization in performing its role;
One respondent stated a lack of knowledge on law and lack of cooperation among
the departments,
One respondent expressed lack of qualified staff members, while
One respondent expressed the lack of computer literacy as main problem in
performing duties,
Three respondents stated that they did not face any problems.
CHALLENGES TO COMMUNITIES IN ACCESSING JUSTICE
The staff of DoJ expressed that communities lack awareness on their rights, are
illiterate, lack proper information to engage their rights, and corruption in justice
institutions are some of the key challenges to access to justice.
The staff further stated that these challenges can be overcome by awareness raising
on basic rights and laws, increasing literacy, and improving transparency in the
process of justice institutions.
COMPUTER LITERACY
The staff of DoJ had the basic computer literacy and used Microsoft Office software
and the internet in performing their routine activities.
CAPACITY BUILDING
Regarding capacity building trainings attended:
All of the six staff members interviewed participated in various capacity building
workshops organized by the government or international organizations.
o Three staff members had received trainings on women rights, awareness of
laws, inheritance and equality.
o Three staff members had received trainings on leadership, management and
procurement etc.
o One staff member reported receiving computer training and English course.
All the staff members stated that these trainings were effective and beneficial to their
work.
o Three respondents expressed that their awareness on women, child and
family rights has increased.
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o One respondent reported that his knowledge on management and
procurements has improved
o One respondent informed the interviewers that his computer literacy skills
improved
o While one respondent stated that although he benefited from the training it
was not sufficient.
All of the six staff of DOJ considered capacity building events beneficial for the
justice sector as new developments are continuously taking place and keeping pace
with new development and skills is very important. The staff members suggested the
following trainings for improving the working of justice sector:
i. Awareness on Laws and Rights
ii. Management – administration and finance
iii. Computer etc.
AWARENESS RAISING
All the respondents reported that awareness raising in communities, as well as, of justice
stakeholders can enhance access to justice and improve operations of justice institutions.
Awareness on fundamental laws, basic rights, responsibilities of state and citizens would
prove beneficial to the justice sector as a whole.
SUGGESTIONS
The following suggestions were made by the staff of DoJ during the interview:
Capacity building programs to cater to the specific needs / requirements of Job/ staff
i.e.
i. Awareness / training on Laws and Rights
ii. Management and Administration
iii. Procurement and Finance
iv. Computer Knowledge etc.
Awareness campaigns for communities and sessions for justice stakeholders on
fundamental laws, basic rights, responsibilities of state and citizens
Provision of facilities for offices and supplies needed like furniture, computers and
related equipment.
Seminars and workshops for employees to develop their knowledge base.
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ANALYSIS OF SEMI-STRUCTURE INTERVIEWS WITH HUQUQ
DEPARTMENT STAFF
The Huquq Department (Legal Department) of DoJ in Herat has five staff members. Four
staff members were interviewed out of five as the remaining one staff member was in district
for work and could not be interviewed. The Huquq department of DoJ deals with three types
of legal problems / cases, these are:
1. Property / Estate disputes
2. Family disputes
3. Loan disputes
The staff interviewed includes a Director, two case officers and admin and finance officer of
the Huquq department. The Director is responsible for the overall management of the Huquq
department, providing assistance to the people and reporting back to the Head of DoJ. The
case officers are responsible for assistance with the legal problems of property, family and
loan disputes and application processes. The Admin officer is responsible for communication
with district legal / Huquq offices. The detail of staff is given as Annex-2, while training
details are given as Annex-3.
For ease in analysis the interview was divided in three basic themes – Key Justice Issues
and Capacities, capacity building and recommendations. The findings of semi-structure
individual interviews with staff of Huquq department of DoJ are presented in the following
passages.
KEY JUSTICE ISSUES AND CAPACITIES
ROLE OF HUQUQ DEPARTMENT
It was reported that the main role of the Huquq Department is to assist and solve the
legal problems/disputes of estate, family and loans. The staff tries to solve the
problems through mediation, however, if the parties do not agree or do not accept
the decision the case is referred to court.
The Huquq department was accessed by nearly 4500 people in the last two years
with their problems. Out of these 110 have been resolved, 300 filed as the
complainant did not pursue case, and the rest have been referred to courts.
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COMMON CASES/PROBLEMS DEALT BY HUQUQ
The Huquq department deals with legal cases such as estate/property disputes,
family disputes and loan disputes. The Huquq department does not deal with criminal
cases.
The Huquq department has professional staff i.e. case officers for providing
assistance to the people. At first the staff tries to solve cases through mediation
between parties with the help of a representative from the village and districts;
however, if the parties disagree and do not accept the decision, the case is referred
to court.
The Cases are sent to courts and other decision-making bodies if the parties do not
agree to the decision of mediation by the department.
CHALLENGES / PROBLEMS IN PERFORMING DUTIES
Regarding challenges faced as staff/organization in performing its role;
The respondents stated that lack of professional personnel is the major challenge at
the Huquq department. With limited staff the department cannot speedily assist and
solve problems. As the workload is high and staff limited, the process of cases gets
delayed.
CHALLENGES TO COMMUNITIES IN ACCESSING JUSTICE
The staff at the Huquq department expressed that the lack of awareness regarding
laws, their rights, illiteracy, and the lack of knowledge on procedures of justice
institutions are the key challenges to communities in accessing justice.
They further reported that these challenges can be overcome by awareness raising
on basic rights and laws, public information, increasing literacy and improving
transparency in process of justice institutions.
COMPUTER LITERACY
The staff of Huquq department has the basic computer literacy and use Microsoft
Office software – MS Word and Excel in performing their routine activities.
CAPACITY BUILDING
The staff of the Huquq department has participated in capacity building workshops
organized by the government or international organizations.
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All four staff members interviewed participated in training on Inheritance law, Basics
of law and Trade law organized by IDLO.
Two staff members reported that they received training Family Law
Two staff members reported that they received training on Female Property Rights
One staff member also received training in management and computer skills
All the staff members stated that these trainings were effective and proved beneficial
to their work. Moreover, it provided them with knowledge on law and improved their
mediation skills for assisting/resolving cases.
All the respondents from the Huquq department considered capacity building events
beneficial for the justice sector as new developments are continuously taking place
and keeping pace with new development and skills which is very important. The staff
members suggested following trainings for improving the working of justice sector:
i. Training on the Legal Codes of Afghanistan
ii. Training on the Law of Inheritance
iii. Training on the Civil Law
iv. Awareness on Laws and Rights
v. Management and Computer Skills Training.
AWARENESS RAISING
All the respondents opined that increasing the level of public awareness will help decrease
the problems of people and the cases. Awareness on fundamental laws, basic rights,
responsibilities of state and citizens would prove beneficial to the justice sector as a whole.
Awareness raising in communities as well as of justice stakeholders can enhance access to
justice and improve operations of justice institutions.
Public information or awareness raising can be done through print and electronic media,
legal workshops/seminars and coordination with non-governmental organizations that will
increase public information.
SUGGESTIONS
The following suggestions were made by the staff of the Huquq Department during the
interview:
Increasing the number of skilled professional staff so that cases are speedily
processed
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Implementation of seminars and workshops for employees to enhance their
knowledge base.
Capacity building programs for the professional staff i.e.
i. Training on the Legal Codes of Afghanistan
ii. Training on the Law of Inheritance
iii. Training on the Civil Law
iv. Awareness on Laws and Rights
v. Management and Computer.
Awareness campaigns for communities and sessions for justice stakeholders on
fundamental laws, basic rights, responsibilities of state and citizens
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ANALYSIS OF SEMI-STRUCTURE INTERVIEWS WITH STAFF
OF DEPARTMENT OF JUVENILE REHABILITATION
The Department of Juvenile Rehabilitation of the DoJ in Herat has 10 staff members. Overall
nine staff members were interviewed as the remaining one staff member was support staff.
The Department of Juvenile Rehabilitation deals with the investigation and prosecution of
cases related to children while also providing education and care for children who are
detained.
The staff interviewed included the Head of the Department, dormitory staff, teachers, social
staff and admin staff. The Head of the Department is responsible for the overall operation
and management of the Juvenile Rehabilitation Department. The dormitory staff is
responsible for food, health care, and organizing visit times for juveniles who are detained.
Teachers and social staff are responsible for rehabilitation of juveniles who are detained.
The detail of staff is given as Annex-2, while training details are given as Annex-3.
For ease in analysis the interview addressed three basic areas – key justice issues and
capacities, capacity building, and recommendations. The findings of semi-structure
individual interviews with staff of the Juvenile Rehabilitation Department are presented
below.
KEY JUSTICE ISSUES AND CAPACITIES
ROLE OF JUVENILE REHABILITATION DEPARTMENT
The Juvenile Rehabilitation department is responsible in overseeing the detention of
children convicted of offenses or those accused of crimes. It is responsible for their
care, counseling and education.
The respondents of the Juvenile Rehabilitation Department did not have details of
the number of cases that they dealt with in the last two years as they reported that
they do not maintain such records as they believed it is not applicable to them.
COMMON CASES/PROBLEMS DEALT BY JUVENILE REHABILITATION
The Juvenile Rehabilitation Department deals with legal cases related to juveniles.
The most common cases are theft and petty crimes.
The accused juvenile is under the custody of the Juvenile Rehabilitation Department
after arrest. The juvenile can remain in the custody until the case is decided. If the
juvenile is found guilty he is detained and per law is rehabilitated through education
and training. The Juvenile Rehabilitation Department does not refer cases to any
other decision making body as it is the authority of the court, however, the
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department can cooperate with relevant bodies/institutions (e.g. MoWA) for support
and coordination.
CHALLENGES / PROBLEMS IN PERFORMING DUTIES
Regarding challenges faced as staff/organization in performing its role:
Five out of nine respondents expressed that they faced challenges in performing
their duties. These include lack of health care system for children under detention,
problems with lawyers not following cases, lack of training material, lack of discipline
for juveniles detained, lack of professionals, and the limited capacity of staff are the
major challenges at the Juvenile Rehabilitation Department.
While four respondents expressed that they do not face any problems / challenges.
CHALLENGES TO COMMUNITIES IN ACCESSING JUSTICE
The staff at the Juvenile Rehabilitation Department expressed that lack of awareness
regarding laws, basic rights, illiteracy, lack of knowledge on procedures of justice
institutions are the key challenges to communities in accessing justice.
They further stated that these challenges can be overcome by awareness raising on
basic rights and laws, public information, increasing literacy and improving
transparency in the process of justice institutions.
COMPUTER LITERACY
Only two staff members of the department have the basic computer literacy and use
Microsoft Office software – MS Word and Excel in performing their routine activities,
while seven staff members of the department do not use computers.
CAPACITY BUILDING
The staff of the Juvenile Rehabilitation Department reported that they participated in various
capacity building workshops organized by the government or international organizations.
These trainings included:
Trainings on Child Rights, Public Awareness and Inheritance Law
Five staff members had received training on Women Rights
Six staff members had received training on Psychology (Behavior of Children)
Only one staff member reported that he had not received any capacity building
training.
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All the staff members stated that these trainings were effective and proved beneficial
to their work. Moreover, the training on Psychology enabled them to understand the
behavior of children and they could use the behavioral techniques taught to
rehabilitate and educate the children.
All the respondents from the Juvenile Rehabilitation Department considered capacity
building events beneficial for them in particular and the justice sector in general. The
staff members suggested the following trainings for improving their work within the
Juvenile Rehabilitation Department:
i. Training on Child Rights and Child Psychology
ii. Training on Civil Laws and Justice
iii. Training on Education Methods/Teaching Methods (for dormitory teachers)
iv. Awareness on Laws and Rights
v. Management, administration and Computer etc.
AWARENESS RAISING
All of the respondents opined that increasing the level of public awareness will help
decrease the problems of people and the cases. Awareness on fundamental laws, basic
rights, responsibilities of state and citizens would prove beneficial to the justice sector as a
whole. Awareness raising can be done through print and electronic media, legal
workshops/seminars and through mosques and non-governmental organizations.
SUGGESTIONS
The following suggestions were made by the staff of the Juvenile Rehabilitation Department
during the interview:
Trainings on Afghanistan‟s Laws dealing with cases related to children
Seminars and workshops for employees to enhance their knowledge base.
Training programs such as child rights, psychology of children, forming working
groups for psychological rehabilitation of detained children. Capacity building
programs for the professional staff i.e.
i. Training on Child Rights and Child Psychology
ii. Training on Civil Laws and Justice
iii. Training on Education Methods/Teaching Methods (for dormitory teachers)
iv. Awareness on Laws and Rights
v. Management, Administration and Computer.
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ANALYSIS OF SEMI-STRUCTURE INTERVIEWS WITH LEGAL
AID DEPARTMENT STAFF
The Legal Aid Department of DoJ at Herat Province has five staff members and eight
supporting project staff for a World Bank funded project. All the staff members were
interviewed at the Legal Aid Department. The Legal Aid Department of DoJ provides legal
aid services to the poor in court.
The staff interviewed includes the Head of the Legal Aid Department, eight Legal
aid/assistance staff, three Technical Members and Public Information officer. The Head is
responsible for the overall management of the Legal Aid Department. The legal aid staff and
technical members are responsible for legal assistance to the poor. The public information
officer is responsible for awareness raising. The detail of staff is given as Annex2, while
training details are given as Annex3.
For ease in analysis the interview was divided in three basic areas – Key Justice Issues and
Capacities, capacity building and recommendations. The findings of semi-structure individual
interviews with staff of Legal Aid Department of DoJ are presented below.
KEY JUSTICE ISSUES AND CAPACITIES
ROLE OF LEGAL AID DEPARTMENT
The Department of Legal Aid is responsible to appoint defense attorneys for poor
suspects and criminals to handle their cases.
The Head of Legal Aid Department informed the interviewers that in the last two
years the department had provided free legal services to many people. The people
requiring legal assistance can directly approach Legal Aid Department or through
other justice or police departments. However, the department did not provide any
statistical data. Only the Head of the Legal Aid Department and a technical member
responded to question while the rest of staff did not respond.
COMMON CASES/PROBLEMS DEALT BY LEGAL AID
The Legal Aid Department deals with legal cases such as criminal and family cases
for those who cannot afford lawyers. The Legal Aid Department appoints lawyers for
them and represents their cases in courts.
The process of the Legal Aid Department involves receiving a request/application for
legal aid support, assigning a legal assistance officer who conducts the initial
investigation, if the case is genuine, the necessary procedures are done and the
department appoints a defense attorney for the applicant who provides
representation in court.
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As the justice departments are inter-related and every department deals with specific
cases. The legal aid coordinates with these departments when needed. However,
usually legal aid cases are not referred to other decision-making bodies but are often
decided by the courts.
CHALLENGES / PROBLEMS IN PERFORMING DUTIES
Regarding challenges faced of the staff and organizations in performing its role:
Major challenges faced by the Legal Aid Department are the lack of cooperation by
Attorneys, judiciary and police departments.
Six respondents also mentioned that they face communication and transportation
problems.
One staff member reported that the lack of professional personnel is also a major
challenge at Legal Aid Department. With limited staff the department cannot
speedily assist, as the workload is high and staff limited, the process of cases gets
delayed.
CHALLENGES TO COMMUNITIES IN ACCESSING JUSTICE
The staff of the Legal Aid Department opined that the lack of awareness regarding
laws and basic rights, illiteracy, the lack of knowledge on the procedures of justice
institutions are the key challenges to communities in accessing justice.
Similarly, six respondents also expressed that the lack of transparency and
corruption in the judiciary is also a challenge to access to justice.
The staff of legal aid suggested that these challenges can be overcome by
awareness raising on basic rights and laws, public information, increasing literacy,
eliminating corruption and bringing in a transparent administrative system for
improving transparency in the process of justice institutions.
COMPUTER LITERACY
The staff of the Legal Aid Department reported that they have basic computer literacy
and use Microsoft Office software – MS Word and Excel - and the internet in
performing their routine activities.
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CAPACITY BUILDING
The staff of the Legal Aid Department reported that they had participated in capacity building
workshops organized by the government or international organizations. These include:
Ten staff members participated in training event on Advocates Law
Three female staff participated in training on Family Law and Rules of Civil Courts
Four staff members had participated in event on Awareness on Human Trafficking
Eleven staff members had participated in different training events by IDLO (5 staff)
and JSSP (8 staff). These include Advocacy Trainings, Justice for Children, Legacy
etc.
All the staff members stated that these trainings were effective and proved beneficial
to their work. Moreover, it provided them with knowledge on law and improved their
skills for providing legal assistance.
According to the staff of the Legal Aid Department professional training programs are
always useful for the Judicial and legal sectors. More advanced professional training
programs are required for advocates and staff that can enhance their capacity and
equip them to perform their job duties adequately. The staff members suggested the
following trainings for improving the work of the Legal Aid Department:
i. Training on Principles of Justice
ii. Training on Laws of Inheritance, Civil Law and Business Law
iii. Training on Criminal Law
iv. Awareness on Laws and Rights
AWARENESS RAISING
All the respondents opined that increasing the awareness on fundamental laws, basic rights,
responsibilities of state and citizens would prove beneficial to the justice sector as a whole.
This public awareness will help decrease the problems and cases of people and enhance
access to justice and improve operations of justice institutions.
Public information or awareness raising can be done through print and electronic media,
legal workshops/seminars, through mosques, schools and non-governmental organizations.
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SUGGESTIONS
The following suggestions were made by the staff of the Legal Aid Department during the
interview:
The recruitment of experienced and skilled professional staff so that cases are
speedily processed
Implementation on rules and regulations and following procedures
Creating a transparent and corruption free justice system
Seminars and workshops for employees to enhance their knowledge base
Improvement of staff remuneration and job security
Capacity building programs for the professional staff i.e.
i. Training on Principles of Justice
ii. Training on Laws of Inheritance, Civil Law and Business Law
iii. Training on Criminal Law
iv. Awareness on Laws and Rights
Awareness campaigns for communities and sessions for justice stakeholders on
fundamental laws, basic rights, responsibilities of state and citizens.
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ANALYSIS OF SEMI-STRUCTURE INTERVIEWS WITH
FACULTY OF LAW
The Faculty of Law at the University of Herat is comprised of seventeen academic staff
members. A sample of ten faculty members i.e. five male and five females were drawn.
However, overall six male and four female faculty members were interviewed for the
baseline survey. The specific composition of these ten respondents is:
Seven faculty members were interviewed from the discipline of Public Law, and
Three from International Relations.
Regarding educational qualification of interviewed faculty members:
Only one female faculty member out of four possessed a Master‟s Degree while the
remaining three have a Bachelor‟s Degree.
Similarly, only three male faculty members out of six interviewed had Master‟s
degree while the remaining three possessed Bachelor‟s degree.
The details of interviews with the faculty are given in Annex- 4.
The interview was divided into three basic themes – teaching of legal education, capacity
building and recommendations. The findings of the Faculty of Law are presented in the
following passages.
TEACHING OF LEGAL EDUCATION
ROLE AND FUNCTION
The major role and function of the faculty is providing education to students. The Law
department offers two disciplines i.e. Judiciary Attorney and Political Science. The faculty is
responsible for teaching subjects and training students in the judiciary system and
developing them as professionals for undertaking justice functions.
TEACHING METHOD AND QUALITY OF TEACHING
Regarding the teaching method and quality of teaching:
Eight out of ten faculty members stated that the teaching quality is good and they are
using new methods of teaching like power point presentations, working groups,
lecture notes and case studies.
One faculty member opined that although the teaching quality is good and
satisfactory; teachers need to upgrade their educational qualifications.
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One faculty member opined that teaching quality is average and there is room for
improvement.
STUDENT SATISFACTION WITH TEACHING METHOD
All the faculty members interviewed expressed that students are satisfied with the teaching
method and quality as new and improved methods of teaching have been adopted. Still few
of the respondents expressed that teaching quality can be further improved on international
practices which will lead to higher satisfaction levels and enhance performance of students.
SATISFACTION WITH CURRICULUM OF LAW
As to the satisfaction with the Curriculum of Law
Only three faculty members out of ten interviewed expressed satisfaction with the
Curriculum of Law.
Four faculty members expressed that although they are satisfied with the curriculum
there is room for improvement. They opined that necessary changes need to be
made in curriculum to meet international standards. They further expressed that new
curriculum has been approved but has not been implemented.
Three faculty members expressed that they are not quite satisfied as there are
certain issues with the curriculum that needs to be revised or changed.
Regarding student‟s satisfaction with the Curriculum of Law:
Only two faculty members expressed that students are satisfied with the curriculum.
Six faculty members opined that students are satisfied to some extent as there are
certain issues with curriculum that need to be resolved. They further stated that few
subjects are taught that are not relevant to the students major and suggested that a
few new subjects like Criminology and the rules and regulations of courts need to be
added. The faculty also expressed hope that new curriculum will resolve these
issues.
While two faculty members expressed that students are not quite satisfied with the
curriculum.
CHANGES AND IMPROVEMENTS IN CURRICULUM OF LAW
Regarding changes and improvement in the Curriculum of Law:
Seven out of ten faculty members expressed that there is need to bring
improvements to the Curriculum of Law according to the needs of society. They
opined that new developments are constantly taking place and curriculum needs to
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be updated to international standards. They suggested the inclusion of new subjects
and practical courses to the curriculum.
Only three faculty members expressed that the curriculum is fine and no changes are
necessary.
Similarly six out ten faculty members expressed that they cannot bring changes in
curriculum as it is beyond their authority.
While four faculty members opined that it is possible to bring changes to curriculum
with respect to the particular subjects they teach.
PROBLEMS FACED IN TEACHING
Regarding problems faced in job/teaching;
Seven out of ten faculty members expressed that they face various problems in
performing their jobs. These problems include:
o Lack of teaching materials and academic resources so to prepare lectures for
students,
o Subjects are not assigned according to the expertise of the teacher.
Sometimes irrelevant subjects are imposed on teachers who do not possess
the requisite knowledge.
o The workload on teachers is very high as the number of subjects assigned to
each teacher.
o Some of the textbooks are from Iran, which are not relevant to Afghan
context.
While three faculty members did not face any problem.
PROBLEMS FACED BY STUDENTS
Regarding problems faced by students and efforts for their solution:
Nine out of ten faculty members interviewed expressed that major problems that
students face are the lack of textbooks, academic materials, research opportunities
and practical courses. Moreover, students from other provinces/areas face housing
problems.
Only one faculty member expressed that students do not face any problems.
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CONDITION OF LIBRARY
As to the condition of library:
Four respondents expressed that the condition of the library is good and satisfactory,
Three respondents expressed that the condition of library is fair, however, there is
improvement needed and new books need to be stocked in library particularly on the
law, the justice system, human rights and family rights etc.
Three faculty members expressed that the library needs to be improved and new and
updated books need to be stocked in library. They further reported that the library
has many books from Iran while books that are relevant to Afghanistan are needed.
CHALLENGES FACED
In response to questions regarding challenges faced by faculty members and how they
could be overcome:
Five faculty members expressed that the lack of opportunities for higher legal
education like a Master‟s Degree and PhD were important. The faculty members‟
need to upgrade their knowledge but reported that there were very limited
opportunities to do so.
Two faculty members mentioned that the lack of academic resources and books is
the biggest challenge they face.
Similarly a faculty member stated that the lack of research opportunities, capacity
building and facilities is a big concern/challenge for them.
While two faculty members reported that they face no specific problem.
Regarding overcoming these challenges, the respondents did not give specific
recommendations. They expressed that resources needed to be allocated for the provision
of academic resources and teaching materials, research activities, facilities and capacity
building for staff.
LEGAL SUBJECTS/STUDIES NEEDING EXPANSION
The respondents opined that the following subjects needed improvement:
a. Attorney and Judiciary Subjects
b. International Law
c. Fundamental Law
d. Human Rights
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e. Constitutional Rights
f. Civil Law
g. Family Law
h. Inheritance Law
i. International Relations
j. Political Science.
Moreover, few faculty members stressed practical programs and case studies for students
where they can deal with real cases and better learn and understand legal issues.
CAPACITY BUILDING
FORMAL ON JOB TRAINING / CAPACITY BUILDING
The University of Herat has organized capacity building workshops on Teaching Methods,
Research Methods and Credit Academic system for its faculties. These events were
conducted by the university.
All ten faculty members had participated in some of the capacity building workshops
organized by the University of Herat.
o Six faculty members opined that these capacity building events were quite
effective and proved useful.
o Three faculty members opined that these capacity building events were short
and not quite effective.
o One respondent stated that they have limited or no capacity building
opportunities.
o While one faculty member had just returned to Afghanistan after completing a
Master‟s Program in the U.S.
o Similarly one faculty member participated in an international capacity building
program in the US and stated that it was very effective.
Regarding any present / on-going capacity building events:
Five out ten faculty members expressed no knowledge.
Five faculty members informed that there is an English Language program for
teachers with the assistance of the U.S. Embassy.
Similarly with regard to planned or future capacity building events:
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Six out ten faculty members expressed no knowledge of future capacity building
events
Four faculty members responded that there are future plans of capacity building but
these are dependent on donor funding.
As to the importance of capacity building programs:
All of the ten faculty members considered capacity building events important for
teachers and students, administrative staff as well as for justice stakeholders.
The respondents emphasized the need for pursuing higher studies i.e. Master‟s
Degree and PhD courses by teachers so that their knowledge base is enhanced.
LEGAL CLINIC
Only two faculty members out of ten interviewed were involved with the legal clinic. The
findings from their responses are briefly presented:
The main role of the legal clinic is to develop the skills of defense lawyers. The legal
clinic has a five month practical program for senior Law and Sharia Law Faculty
Students. During these five months the students are guided through the procedure of
the judiciary and justice system, working with real cases and doing research on these
cases.
The legal clinic provides free legal aid for vulnerable and poor people while also,
teaching senior law students taking educational courses on law and legal clinics.
The main beneficiaries of legal clinics are three groups:
o Senior students of Law Faculty and Sharia Law Faculty
o Awareness raising programs for students of 11thgrade at schools where they
provide awareness on basic rights
o Poor and vulnerable people who don‟t have the financial capacity to pursue
their legal cases in courts
The legal clinics receive various cases some of which that involve violence against
children and women, and other dispute cases of vulnerable and poor people
The legal clinic provides training on civil, family, and criminal defense law i.e. a five
month training course on working in attorney offices, police, justice department,
procedures and process of courts cases for university students and awareness on
basic rights and laws for high school students.
Only one faculty member received training related to legal clinics from IDLO and
JSSP on the skills of defense lawyers. Similarly training for all the heads of legal
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clinics and law university deans was conducted on the functions and operations of
legal clinics by Department of Peacekeeping (DPK).
Financial support and trainings on family rights, civil rights, criminology from reputed
international universities is needed for improving services and the role of legal clinics.
Currently the legal clinics are working under the faculty. Their role can be highly
enhanced if they are formalized as independent entity under ministry of higher
education, this would allow them to expand their activities further.
SUGGESTIONS
The suggestions/recommendations of the faculty members interviewed:
The faculty members opined that capacity building programs are necessary and
important for the teachers as new developments and concepts are emerging.
Capacity building programs are required to update faculty‟s as well as students‟
knowledge on law and related aspects.
They suggested capacity building teaching methods, research methods, taxation
laws, financial laws, international relations, political science, fundamental rights
(human and constitutional) and the updates that been incorporated in the laws.
Two faculty members also suggested scholarship programs for teachers for pursuing
higher studies i.e. Masters‟ and PhD.
The respondents also emphasized on the importance of technical trainings, research
and practical courses/programs for students on rules, regulations and working of
attorney offices and civil courts, fundamental rights (human and constitutional), child
rights, civil law, criminal law, English and computer literacy etc. Moreover, they
emphasized that long term capacity building program and resources allocation for
research is also required. A faculty member further suggested that case studies
should be discussed with students to help them better understand real cases.
Faculty members further suggested that capacity building programs need to be long
term and implemented regularly.
Similarly trainings on IT, management, admin &finance and data management are
suggested for the administrative / office employees of department and justice
stakeholders.
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ANALYSIS OF SEMI-STRUCTURE INTERVIEWS WITH
FACULTY OF SHARIA
The Faculty of Sharia Law at University of Herat comprises 30 academic staff. A sample of
ten faculty members i.e. nine male and one female were planned to be interviewed.
However, only five male faculty members were interviewed from for academic staff of Sharia
Faculty of thirty. The specific details of faculty members‟ interview:
Only one faculty member out of five interviewed possessed master‟s education while
the remaining four had bachelor‟s degree.
Four faculty members were from Holy Exposition discipline while one was from
Islamic Studies discipline.
The respondents of interview with faculty are given as Annex-4.
For ease in analysis the interview was divided in three basic themes – teaching of legal
education, capacity building and recommendations. The findings of semi-structure individual
interviews with Faculty of Sharia Law are presented in the following passages.
TEACHING OF LEGAL EDUCATION
ROLE AND FUNCTION
The major role and function of the faculty is teaching Sharia Law, Islamic Studies etc. and
training students in judiciary system and developing them as professionals for justice
positions.
TEACHING METHOD AND QUALITY OF TEACHING
All the five respondents declined to answer the question and suggested that this question
might be asked from the students.
STUDENT SATISFACTION WITH TEACHING METHOD
All the five respondents declined to answer the question and suggested that this question
might be asked from the students.
SATISFACTION WITH CURRICULUM OF SHARIA LAW
Only 1 faculty member out of five interviewed expressed satisfaction with the
curriculum of the Sharia Law
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Similarly only 2 faculty members expressed that there are issues with the curriculum
and needs to be revised / changed
While, the remaining 2 staff members interviewed did not express any opinion
Regarding students satisfaction with the curriculum of Sharia Law, all the respondents
declined to answer.
CHANGES AND IMPROVEMENTS IN CURRICULUM OF SHARIA LAW
As regards to bringing improvement and changes in curriculum if needed all the five
respondents did not answer the questions.
PROBLEMS FACED IN TEACHING
Regarding problems faced in job/teaching:
Four faculty members expressed that they face various problems like lack of
textbooks, teaching materials and academic resources so as to prepare lectures for
students. Moreover, one faculty member also pointed out that few subjects that are
needed are not offered.
While one respondent declined to answer.
PROBLEMS FACED BY STUDENTS AND EFFORTS FOR SOLUTION
Regarding problems faced by students and efforts for their solution:
Four out of five faculty members expressed that major problems that students face
are lack of textbooks, academic material and study resources in library. Moreover,
two respondents also highlighted the problem of dorms/hostels for students.
They further expressed that nothing significant has been done for solution of these
problems.
Only one faculty member expressed that students do not face any problem.
CONDITION OF LIBRARY
As to the condition of library, out of five respondents:
3 expressed that condition of library is fair, however, there is a lot of improvement
needed and new books need to be stocked in library particularly on Sharia Law,
General Law, criminology etc. One faculty member further expressed that library has
Irani books while we need books relevant to Afghanistan context.
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While 2 faculty members expressed that situation of library is not satisfactory and
needs to updated and stocked with relevant books and academic resources so that
both teachers and students can benefit.
CHALLENGES FACED
Responding to question regarding challenges faced as faculty member and how could these
be overcome:
All the five faculty members had faced various challenges / problems.
4 out of five faculty members mentioned that lack of academic resources is the
biggest challenge they face.
2 faculty members stated that lack of resources for research and teaching material is
a big concern/challenge for them.
2 faculty members expressed that teaching hours are long, limited facilities
(transportation) and interference in work responsibilities are the challenges they
encounter.
Regarding overcoming these challenges, they expressed that resources need to be
allocated for provision of academic resources and teaching material, research activities,
facilities (transportation etc.) and capacity building of staff.
LEGAL SUBJECTS/STUDIES NEEDING EXPANSION
The respondent opined that the following subjects need improvement:
a. Law & Sharia Law
b. International Law
c. Inheritance Law
d. International Relations
e. Political Science
f. Rules & Regulation of Civil &Punishment Courts
g. Criminology
h. Domestic laws (specific laws passed by the government of Afghanistan)
i. Interpretation of Law (interpretation of different laws such as civil law… etc.
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CAPACITY BUILDING
FORMAL ON JOB TRAINING / CAPACITY BUILDING
The University of Herat has organized capacity building workshops on Teaching Methods,
Research Methods and Credit Academic system for its faculties. These events were
conducted by the university itself.
All the five respondents had participated in some of the capacity building workshops
organized by the University of Herat.
4 faculty members opined that these capacity building events were quite effective
and proved useful. However, one faculty member declined to answer.
Regarding any present or planned future capacity building event all the five faculty
members interviewed expressed no knowledge.
Similarly all the five faculty members considered capacity building events important
for both teachers and students as well for justice stakeholders.
3 respondents emphasized the need for pursuing Masters and PhD courses by the
teachers so that their knowledge base is enhanced.
SUGGESTIONS
The suggestions/recommendations of the faculty members interviewed:
The faculty members opined that capacity building programs are necessary and
important for teachers as new developments are taking place. Capacity building
programs are required to update faculty‟s knowledge on law and related aspects.
They suggested capacity building on trade, finance, taxation and other related laws,
research methods, new and advanced methods of teaching and the updates that
have been incorporated in Sharia Law subjects.
The respondents also emphasized on the importance of technical trainings and
practical programs for students on rules, regulations and work of attorney offices and
civil courts, family law, inheritance law, English and computer literacy etc.
One faculty member further suggested that capacity building programs should be
implemented regularly and for a long duration; moreover its impacts should be
assessed.
Similarly trainings on IT, management, admin &finance and data management are
suggested for the administrative / office employees of department and justice
stakeholders.
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ANALYSIS OF FGDS WITH STUDENTS OF LAW AND SHARIA
Focus group discussions were conducted with students of Faculty of Law and Sharia of
University of Herat. The main purpose of conducting FGDs was to assess the satisfaction of
students with teaching method, curriculum, stock in library, challenges faced and past
capacity building initiatives as well as suggestions for future capacity building requirements.
The details of respondents of FGDs with students are:
A total of eighteen students from Attorney and Law Department of Faculty of Law –
ten male student and eight female students
Similarly a total of seventeen students from Faculty of Sharia Law – nine male
student and eight female students
The FGDs with male and female students were held separately.
Analysis of FGDs with students is given in the following passages.
LEGAL EDUCATION
During FGDs different aspects were discussed with students. The findings from these are
briefly presented below:
TEACHING METHOD
The male students of the Sharia Law Department stated that few teachers have
Master‟s degree while majority of the teachers have Bachelor‟s degree and their
teaching abilities are weak, requiring improvement. The content taught is mostly from
Iranian sources and has limited relevance to Afghanistan context. They expressed an
average satisfaction level with the teaching methods. The male students suggested
that Master‟s and PhD Teachers might be hired for teaching. Moreover, seminars
and workshops need to be held for teachers on teaching methods and Afghan
academic resources should be taught to the students.
The female students of the Sharia Law Department stated that the teaching abilities
are weak as most of the teachers have Bachelor‟s degree while only few have
Master‟s degree. They expressed satisfaction with the teaching method of
experienced Professors with Master‟s Degree while they were less satisfied with
teachers having an earned Bachelor‟s Degree. The female students expressed the
need for improvement in teaching method through seminars and workshops for
teachers on teaching methods and behavior with students. These are important
factors for students and significant improvement in this regard is needed.
The male students of the Sharia Law Department stated that although the teaching
method is generally good, there are instances when subjects are not taught by
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relevant teachers or teachers have limited knowledge on the subject. The male
students expressed that there is a general need for change in the teaching methods,
they suggested:
o The educational qualification of the teachers needs to be enhanced i.e. more
qualified teachers might be recruited,
o Practical work and examples need to be given to students along with
theoretical knowledge, and
o Teachers should be provided trainings on teaching methods.
The female students of Sharia Law Department stated that studies in their faculty are
generally good; however, there is a need for improvement in teaching methods. The
female students expressed that they are not satisfied with teaching method of faculty.
They expressed the need for higher qualified teaching staff having Master‟s and
PhD. Moreover, they suggested improvement in teaching methods through seminars
and workshops for teachers on teaching methods and behavior with students.
CURRICULUM
Both the male and female students of the Sharia Law Faculty expressed
dissatisfaction with the curriculum and suggested improvements in it. They
suggested inclusion of relevant and technical subjects in the curriculum. Subjects of
Child Law, Islamic Law, Rules of Jurisprudence, Laws dealing with water resources,
like environmental law, English and IT subject might be offered in the course.
Moreover, female students expressed that technical subjects should have higher
credit scores.
Both the male and female students of the Department of Sharia Law expressed
dissatisfaction with curriculum and suggested improvements in it. The students of
Sharia Law emphasized that subjects that are not related need to be removed from
the course and subjects like Law of heritage, criminology, legal clinics, regulation of
courts and justice in Afghanistan, Islamic and Fiqha Law might be added in the
course. Moreover, female students expressed that technical subjects should have
higher credit scores.
CHALLENGES
The students from both faculties i.e. the Law Department and Sharia Law
Department expressed mostly similar challenges that they face as students. Few
significant challenges are:
o Lack of technical law education and academic resources i.e. books, internet
access, research etc.
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o Lack of qualified teachers and low standard of teaching
o Lack of practical learning and research opportunities etc.
CONDITION OF LIBRARY
All the students from both faculties expressed dissatisfaction with the condition of
library and emphasized the need to update the library with relevant academic
resources. They expressed that the library is lacking books on major subjects. The
students face difficulties in doing their assignments as books and relevant academic
material is not available in the library. Students also expressed that the library
contains books from Iran which are not relevant to Afghan context. They further
informed that there are books that have been translated from English and Arabic to
Dari but the library does not have them. Moreover, the students from the Sharia Law
Faculty stated that the library should be equipped with books on Islamic and Fiqha
Law, criminology, family law, civil law and legal clinics etc.
CAPACITY BUILDING AND SUGGESTIONS
Similarly discussions were held with students on capacity building initiatives and their
suggestions for capacity building needs. The findings are presented in following lines:
WORKSHOPS AND SEMINARS
The male students of department of Law participated in some workshops organized
by international organizations like ILF-A, UNDP and legal clinics etc. These
workshops were on legal clinics, fundamental rights, legal issues, criminal law
penalties and punishments, civil rights, human rights and working of Judiciary etc.
However, they expressed that these workshops were of limited benefit as the timing
of event and the trainer were not adequate.
While, the female students of the Sharia Law Department had not participated in any
workshop.
Both the male and female FGD respondents from the Department of Sharia Law
reported that they attended workshops / trainings from different organizations
including legal clinics, IDLO etc. on fundamental rights, civil rights, rules & regulation
of courts. These workshops have been effective and students expressed that
practical parts of these workshops has been helpful to them; however, but reported
that further efforts are needed for improvement.
CAPACITY BUILDING
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All the respondents from both departments opined that capacity building events are
very important and needed as they enhance their capacity and academic knowledge
on legal issues. The respondents further stated that capacity building events need to
be designed according to the needs of students and timing should be suitable so that
maximum benefit is availed. The students suggested following capacity building
initiatives for improvement in working with justice stakeholders:
o Rules and regulations of courts
o Events on fundamental human and civil rights
o Afghanistan Law and Sharia Law
o Research techniques
o English and computer literacy, and
o Practical opportunity for students to observe the judiciary system etc.
SUGGESTIONS
Students made following suggestions for capacity building events:
Capacity building programs for employees working in justice institution
Similarly capacity building events for teachers and students
These programs should be designed to suit the needs of students and teachers
Capacity building programs should be delivered by qualified and experienced trainers
/ academics
The duration and timing of these events should be appropriate so that maximum
benefit is availed
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Section V
LIMITATIONS OF SURVEY
As is the case with any field survey certain limitations are encountered. Same is the case
with this baseline survey, during the course of field survey the AMMC project team came
across different challenges.
FIELD CHALLENGES
The AMMC field team at the onset of project conducted meetings with all
stakeholders. Despite some initial hesitations, the deans of the Faculties of Law and
Sharia agreed to participate in the survey.
While the survey with the Faculty of Law was smoothly carried out, the Faculty of
Sharia was reluctant to participate in the survey. Out of thirty academic staff, only five
teachers agreed to give interviews. Moreover, not all questions were answered by
the teachers. Furthermore, the checklist data was not shared with the field team.
In the Department of Justice a number of employees were related to administration
and management so they did not have the requisite knowledge on justice and legal
issues and were not able to answer most questions during interview as it wasn‟t
related to their field of expertise.
Similar was the case with the department under DoJ, few staff were interviewed who
were performing administrative and finance functions. They were not directly related
to the justice issues and were unable to answer most of questions.
Another challenge in the DoJ offices (Hoqooq, Juvenile and Legal Aid)was the
unavailability of staff members due to their work loads. Thus, it was quite difficult for
them to manage time for interview.
Similarly few staff members were busy with workshops or on visits, thus the field
team could not interview them.
LESSONS LEARNED
The following are the lessons learnt from the baseline survey:
Before initiating field survey ample time needs to be allocated to sensitization of
target groups. They should be oriented on the objectives of survey and use of the
information collected. This will help in effectively and efficiently collecting the
requisite information.
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Time duration for surveys need to be flexible to account for contingencies. This
would help in achieving targets.
Similarly, the selection of sample needs to be specific and objective oriented. Only
relevant sample needs to be drawn and surveyed. This would help in collecting the
relevant and requisite information.
Furthermore, suitable time for field survey needs to be selected. If timing is not right
this can affect the quality of information collected.
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Section VI
RECOMMENDATIONS
As the report highlighted, there are areas and issues that need improvement and
intervention in the justice sector. Some of the issues are common among all the
stakeholders while others are specific to some of them related to the type or work and
services they deliver.
Since the main goal of the study was to highlight the capacity building and trainings needed
for the staff of the DoJ as well as the professors and students of the faculties of law and
Sharia, the following recommendations are made and more focused to the capacity building
for the staff justice sector..
1. To perform their duties well and properly the justice sector should increase the
number of their professional/skilled staff at their offices, both administrative and legal
professional staff.
2. In order to increase the efficiency of the justice sector, current staff should take
capacity building programs according to their job and role to be able to perform their
duties and responsibilities well.
3. In the light of the staff interviews, administrative staff of justice sector should be
trained on the basic concepts of law and rights to be able to work with people and
clients and help the professional members of the department in a better way.
4. The administrative staff needs higher professional trainings on administration /
management, finance and computer skills and other relevant skill to be able to
perform their duties professionally.
5. Given the fact that all the offices of Huquq and other justice departments provide
services for a vast group of people they need a professional database to record the
cases referred to their office and the services they provided to them. All the
departments of the Justice sector should have professional databases according to
their services for recording the cases referred to them and the services they
provided.
6. Since the staff only has basic computer literacy, they need to be trained more
professionally how to use these databases and other relevant computer programs.
7. Most of the staff of justice sector still work and record their work on papers, not
computers. Hence the offices should be supplied with desktop and laptop computers
before creating a database.
8. Given the fact that only few cases of the disputes are referring to the formal justice
system because of people‟s lack of knowledge of law and rights and mistrust to the
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system, first of all, people need to be aware of the formal justice system and how
they can access to it. (community awareness programs on basic law, rights and
formal justice system)
9. Since one of the reasons that community refer to informal/customary law for
resolving their disputes is the fact that it is easy to access that law, the government
should plan to spread the formal justice system to all over the country and provide
the access to justice for all in urban as well as rural areas so that people have easy
access to formal justice system. Other non-governmental organizations can
contribute to this through awareness raising programs among the communities to
introduce the formal legal system and its benefits to them.
10. Another important reason for the mistrust of people in the formal justice system is the
corruption which people believe it exists in the formal judicial system. To build the
trust of the community into the formal justice system corruption should be tackled
through targeted interventions aiming at increasing transparency at all levels in the
justice system. Since most of the professional staff of the justice system lack
professional knowledge on laws and rights, they should receive further trainings on
Legal Codes of Afghanistan, Law of Inheritance, Civil Law and Family Law etc.
11. Given the fact that the staff of Huquq and justice department are not only doing legal
awareness raising on the formal justice system, rather they provide practical services
to settle and resolve disputes, they need professional practical trainings on how to
work on cases and with people.
12. Working with children who are accused of or have committed crimes, professional
staff of the Juvenile Center need professional trainings on Child Psychology,
Psychological Counseling Skills, and Children‟s Rights, to be able to interact with and
understand them better..
13. Teachers at the dormitory of the Juvenile center need professional trainings on
Teaching Methodologies and behavioral skills to work with and teach children with
special needs. (children who are accused or have committed crimes or have been
brought up out of home and family on the street or orphanage)
14. All staff of the Juvenile Center, particularly the administrative staff need basic and
higher professional trainings on management and computer skills to be able to
perform their duties and responsibilities in a much professional way.
15. The professional staff of the Juvenile Rehabilitation Center needs more professional
trainings on Basic Rights and Law, Civil Codes, Children Rights and Law and
Children Psychology.
16. Given the fact that the Staff of the legal aid clinic who provide services to the poor
people and trainings to the students are not all professional with enough knowledge
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and expertise, they need trainings especially on Principles of Justice, Laws of
Inheritance, Civil Law, Business Law, Criminal Law and Attorney-ship.
Similarly few specific Recommendations have been identified from the data/interviews
with professors and students, as well as admin staff, of the faculties of Law and Sharia of
the University.
17. Administrative staffs of the faculties of law and Sharia need professional
administrative trainings especially on filing system, data recording, students
management (related to the students‟ registration, recording their history/marks and
other routine administrative work), and more specifically on how to work in credit
system (the semester system) and creation of databases.
18. Academic staffs of the faculties need fellowships and scholarships to upgrade their
professional academic knowledge to be able deliver better teaching to the students.
19. The academic staff of the faculties of law and Sharia need professional trainings on
teaching methodologies for better performing their duties and delivering teaching
services to the students.
20. Since the research is a new phenomenon at the higher education bodies in
Afghanistan, and the academic staff and students are not familiar with the
professional methods and techniques of research, they should receive professional
trainings on research methodologies.
21. Since there have been little attention and consideration to research at the higher
education system and the curriculum, academic staff of the faculties and their
students don‟t know much how to design, conduct a research project and how to
collect the data and then do the analysis of the data and write the research report.
The academic staff and the students of Law and Sharia need professional trainings
and practical research projects to be able to learn and practice field and social
researches especially in field of law, rights and related issues.
22. The faculties and students need basic and professional trainings on the software like
SPSS (Statistical Package for Social Science) to do the quantitative analysis of the
data collected through field work.
23. Given the fact that the book and reading material are the most important and needed
items for the students and professors in teaching and learning institutions like
university, a professional and well stocked library is fundamental to each department.
The library of the faculty of law needs to be well stocked with professional and
reference books and text books on all fields of law and rights such as fundamental
law, Justice System, human rights and family rights, business law etc.
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24. The library of the faculty of Sharia also needs to be stocked with reference books on
jurisprudence, Islamic sharia law, human and fundamental rights, criminology, etc.
25. The current curriculum of both faculties of law and Sharia need to be revised and
upgraded according to the demand of the market and the new academic standards.
26. To update the curriculum and upgrade the professional knowledge of the professors,
the faculty of law should be linked with a partner, a university abroad to co-construct
the teaching and academic system in collaboration with that institute.
27. Since the students of the faculties of Law and Sharia do not learn all the skills and
knowledge they need to prepare them for professional work as attorneys, judges,
lawyers at the university, they need professional trainings to learn more useful and
necessary applied knowledge on justice and legal issues.
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Section VII
ANNEXURES
ANNEXURE 1
INTERVIEWS WITH DOJ AND RELATED DEPARTMENTS
Notes
1. A total of XXX Interviews will be conducted in with the selected respondents from justice stakeholders involved first-hand in dealing with legal / justice issues.
2. The aim of the interviews will be to obtain in depth information about the capacities of
the staff of the Department of Justice (DoJ), their roles, trainings attended and
requirements, problems faced, steps needed for improvement of overall justice sector.
„Part 1: Profile of the Interviewee gathers basic information about the interviewee and
organization.
3. „Part 2: Key Justice Issues and Capacities‟ explores how the interviewee resolves justice issues, their perceptions of challenges to access to justice, enhancing capacities and recommendations for improvement.
Province/District:
Date of the Meeting:
Name of the Interviewer:
Location of interview:
Date/Time:
Consent to be interviewed given? Yes/No
Introduction:
Purpose of the interview, what we will do with the information gathered, confidentiality etc.
1. Part 1: Profile of the Interviewee
Name of interviewee:________________________________________________________
Educational level of the interviewee: ___________________________________________
Major / discipline: __________________________________________________________
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What organization do you work for? ____________________________________________
Type of organization: _______________________________________________________
What is your position: __________________________________________________
What is your professional responsibility? ________________________________________
How long have you held this position? __________________________________________
In which area/region do you work? _____________________________________________
Have you worked in other areas/regions? ________________________________________
If yes, which areas/regions? __________________________________________________
Contact information: __________________________________________________________________________________________________________________________________________________
2. Part 2: Key Justice Issues and Capacities 2.1 What is the role your organization plays in resolving justice problems in your community?
__________________________________________________________________________________________________________________________________________________
2.2 How many people have accessed the organization for support in the last 2 years? How do communities access the organization/department?
__________________________________________________________________________________________________________________________________________________
Note: For DoJ Staff, they may be able to provide:
Number of Cases Filed in the last 2 years (i.e. Jul 2011to June, 2013):_______________
Number of Cases Resolved (i.e. Jul 2011to June, 2013):_______________
Number of Pending Cases (i.e. Jul 2011to June, 2013): ______________
2.3 What are the most common types of problems you are asked to resolve? (who seeks
your assistance, who does not)
__________________________________________________________________________________________________________________________________________________
2.4 How do you/your organization engage in resolving these problems (methods used)?
__________________________________________________________________________________________________________________________________________________
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2.5 Under what circumstances would you refer to another decision-making body i.e. courts, district administration etc.
__________________________________________________________________________________________________________________________________________________
2.6 What are the key challenges you/the organization face in carrying out your role?
__________________________________________________________________________________________________________________________________________________
2.7 What are the key challenges for members of the community in seeking solutions to their justice problems?
__________________________________________________________________________________________________________________________________________________
2.8 What steps could be taken to improve community members‟ access to justice?
__________________________________________________________________________________________________________________________________________________
2.9. Do you use IT software in your daily work, especially for data management? If yes, please describe which software is in use.
__________________________________________________________________________________________________________________________________________________
Capacity Building
2.9 Have you ever attended or attending any capacity building / training program? If yes please describe?
__________________________________________________________________________________________________________________________________________________What kind of trainings?
Who conducted?
Who were the participants?
How many participants?
When did the trainings take place? And for how long (duration)?
2.10 Has the training / capacity building program benefitted you? Please provide brief details as to how?
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__________________________________________________________________________________________________________________________________________________
2.11 Do you think capacity building programs are beneficial to Justice Sector? What sort of capacity building program is needed to enhance capacities of Justice Stakeholders?
Please specify the areas for improvements or capacity building.
__________________________________________________________________________________________________________________________________________________
2.12 Do you think awareness raising among communities is needed for improving justice sector? Please briefly elaborate your answer. ____________________________________________________________________________________________________________________________________________
2.13 Would you like to attend any capacity building program? If yes, which specific aspects you would like to develop your capacity in?
__________________________________________________________________________________________________________________________________________________
2.14 What suggestions would you like to give for improvement of Justice Sector in general and capacity of Justice Stakeholders in Particular?
__________________________________________________________________________________________________________________________________________________
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INTERVIEWS WITH FACULTIES
Notes
1. A total of XXX Interviews will be conducted in with the selected respondents from Faculty of Law and Sharia of University of Herat.
2. The aim of the interviews will be to obtain in depth information about the capacities of Professors of Faculty of Law and Sharia, their roles, trainings attended and requirements, problems faced, steps needed for improvement of their capacity.
3. „Part 1: Personal information of the Interviewee gathers basic information about the interviewee and his educational background.
4. „Part 2: “Teaching and Perception of Legal Issues” explores information about teaching, students, curriculum and their perceptions of challenges to access to justice in society as a whole.
5. „Part 3: Provides information on capacities, enhancing capacities and recommendations for improvement.
Province District:
Date of the Interview:
Name of the Interviewer:
Part 1: Personal information of the interviewee:
Name:
Sex:
Educational Level:
Major:
Academic Level:
No. of years of experience as lecturer/professor:
# Areas Responses
1 Name of the Department
2 Number of Staff
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Part 2: Teaching of Legal Education (for Faculty of Law and Sharia)
2.1. What are the main roles and functions of your office? Or Faculty?
2.2 What is the teaching method of Faculty? And what is the quality of teaching delivered to the students?
2.3 Are students satisfied with the teaching method?
2.4 Are you satisfied with the curriculum of Law / Sharia?
2.5 Are students satisfied with the curriculum?
2.6 In your opinion is there need to bring improvements in curriculum? If yes, what improvements are needed?
2.7 Can you (and faculty) can or do bring changes to the curriculum if needed according to the need of the market?
2.8 Do you encounter any problems in your job? If yes, what sort?
2.9 What sort of problems/hindrances‟ students of Law and Sharia face?
2.10 What efforts have been made to overcome these problems, if any?
2.11 What is the condition of library of Faculty of Law and Sharia? Is it well stocked with books on the subject? If yes, please briefly elaborate. If not, what steps need to be taken to improve library. On which legal matters would the library need to have more books?
2.12 What challenges do you face as a member of the teaching faculty/Office and how could these be overcome? E.g. lack of knowledge of the law, lack of authority, conflict of interest, lack of resources etc
2.13. What are the legal subjects/studies that in your opinion should be further expanded?
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Capacity Building
3.1. Has the Faculty received any formal on job training or capacity building?
3.2 What capacity building events has the Faculty or you attended?
3.3 Please inform about past capacity building events?
- What it was about?
- How many/Who attended?
- Was it successful?
- Has it proved beneficial to your work?
3.4 Is there any ongoing capacity building event? Please describe briefly.
3.5 Are there any planned future capacity building/training events? Please describe briefly.
3.6 Do you think capacity building events are necessary?
If yes, for whom? Lecturers? Students? Staff?
What sort of capacity building for each category?
3.7 What sort of capacity building events are needed for bringing improvement in the working of justice stakeholders?
For lecturers?
For your students?
3.8 Your suggestions for capacity building events? For the professors and lecturers of your faculty?
What kind of trainings or improvements needed?
Which areas?
How to implement or conduct?
Please explain……
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Questions Reference to Legal Clinic Q1 to Q8
4.1 What are the main roles and function of your office?
4.2 What kind of the services you provide for your clients?
4.3 Who are the main beneficiaries of your services?
4.4 What kind of cases refer to you most?
4.5 What kind of trainings do you provide for the students and other people?
4.6 Have you received any training related to your roles and function of your organization?
4.7 If yes, please explain:
The title of the trainings:
Who conducted the trainings:
Who were the participants:
4.8 What kind of trainings do you need to deliver your services and roles better?
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CHECKLIST FOR FOCUS GROUP DISCUSSIONS WITH STUDENTS OF LAW
AND SHARIA AT UNIVERSITY OF HEART
Province /District:
Date of the FGD:
Name of the Moderator:
Recorder:
Number of Participants:
3. Part 1: Profile of the Students
# Areas Responses
1 Name of the Department
2 Grade / Year of Students
3 Number of Students
4 Gender
4. Part 2: Legal Education (for Students of Faculty of Law and Sharia)
2.1 What is the teaching methodof Faculty?
2.2 Are you satisfied with teaching methodof Faculty?
2.3 In your opinion is there need to bring improvements in teaching method? If yes, what improvements are needed?
2.4 Are you satisfied with the curriculum of Law / Sharia?
2.5 In your opinion is there need to bring improvements in curriculum? If yes, what improvements are needed?
Which subjects should be changed?
Which subjects should be removed?
Which subjects should be added?
2.6 What challenges do you face as a student of Law / Sharia? And how could
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these be overcome? E.g. lack of knowledge of the law, lack of resources etc.
2.7 What is the condition of library of Faculty of Law and Sharia? Is it well stocked with books on the subject? If yes, please briefly elaborate. If not, what steps need to be taken to improve library. On which legal matters would the library need to have more books?
5. Capacity Building
3.1. Have you ever attended workshops or on legal issues related to your discipline beside your classes at the university?
Who conducted the workshops?
What were the topics?
How did you find it for yourself?
Were they helpful for your profession and future work in your field?
3.2 Please inform about past capacity building events?
- What it was about?
- How many/Who attended?
- Was it successful?
- Has it proved beneficial to your work?
3.3 Do you think capacity building events are necessary?
3.4 What sort of capacity building events are needed for bringing improvement in the working of justice stakeholders?
3.5 Your suggestions for capacity building events?
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ANNEXURE-2
BASIC INFORMATION OF STAFF OF DEPARTMENTS
Basic Information – Staff of Department of Justice
S# Staff Designation Gender Educational Background
Trainings Attended Languages IT Knowledge
1 *P1 Director Male Masters NA Dari, Arabic and English
Ms. Office and Internet
2 P2 Logistic Manager Male High School Graduate
Procurement, Admin & Finance, English & Computer and Logistics
Dari Ms. Office and Internet
3 P3 Procurement Manager
Male Undergraduate of Economic
Logistics and procurement Dari Ms. Office and Internet
4 P4 Services Employee
Male Undergraduate of Economics
Management, Child Rights & Legal Aid
Dari Ms. Office and Internet
5 P5 Services Employee
Male Undergraduate of Law
Management, Inheritance Law, Gender Equality
Dari Ms. Office and Internet
6 P6 Public Administration and Finance Manager
Male **14 Years education
NA Dari and Arabic
Ms. Office and Internet
7 P7 Finance Officer Male High School Graduate
NA Dari and Pashto
Ms. Office and Internet
*Person 1 (Code Given for each interviewee i.e. person 1 interviewed and person 2 interviewed as P1 and P2)
**This mean 12 years of school and 2 years teacher training.
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Basic Information – Staff of Huquq (Legal Department)
S# Staff Designation Gender Role and Function
Educational Background
Trainings Attended
Languages IT Knowledge
1 P1 Head Male Overall Management, Control and Supervision
*14 Years Education
Inheritance Law, Trade Law, Basics of Law
Dari, Pashto
MS Word and Excel
2 P2 Admin & Operations Manager
Male Reporting and Case Management
Undergraduate of Law
Inheritance Law, Family Law, Female Property Rights
Dari, Pashto English
MS Word
3 P3 Case officer Male Dealing with trade and social disputes cases
Undergraduate of Law
Inheritance Law, Trade Law, Basics of Law
Dari No
4 P4 Case officer Male Dealing with dispute cases
Bachelor in Sharia Law
Inheritance Law, Trade Law, Basics of Law
Dari MS Word
5 P5 Case officer Female Dealing with dispute cases
Bachelor in Law
Inheritance Law, Family Law, Female Property Rights
Dari MS Office, Internet
*This mean 12 years of school and 2 years teacher training.
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Basic Information – Staff of Juvenile Rehabilitation Department
S# Staff Designation Gender Role and Function
Educational Background
Trainings Attended
Languages IT Knowledge
1 P1 Head of Juvenile Rehabilitation
Female Leadership and Direction
Bachelor in Law & Political Science
Child Rights, Women Rights
Dari & English
MS Word & Excel
2 P2 Operator Female Operations NA NA Dari & English
MS Word & Excel
3 P3 Teacher Male Teaching Bachelor Interaction with Detained children
Dari No
4 P4 Teacher Male Teaching Undergraduate of Law
Children Rights Dari No
5 P5 Social Organizer
Male Documents courier and follow up
High School Graduate
No Dari No
6 P6 Teacher Male Teaching High School Graduate
Children Rights Dari No
7 P7 Manager of Dorm
Male Dorm issues management & supervision
High School Graduate
Children Rights & Interaction with them
Dari No
8 P8 Social Law Services
Male Case Management
Undergraduate of Law
Interaction with detained children& Management
Dari No
9 P9 Teacher Male Teaching Teacher Training
Children Rights & Training for Children
Dari No
10 P10 Admin Manager Male Administration Issues
Bachelor Women Rights Dari No
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Basic Information – Staff of Legal Aid Department
S# Staff Designation Gender Role and Function
Educational Background
Trainings Attended Languages IT Knowledge
1 P1 Head Male - Bachelor Inheritance Law English & Dari
MS Office & Internet
2 P2 Legal aid Female - Bachelor Inheritance Law, Defense Law, Criminal Law
English & Dari
MS Word & Excel
3 P3 Legal aid Female - Bachelor Law and Attorney Dari MS Word
4 P4 Legal aid Female - Bachelor Rules and Regulations of Courts, Inheritance Law, Family Law
Dari MS Word & Excel
5 P5 Technical Member
Male - Bachelor Rules and Regulations of Courts
Dari MS Word & Excel
6 P6 Technical Member
Male - Bachelor Rules and Regulations of Courts
Dari MS Word & Excel
7 P7 Head of Public Awarness
Male - Bachelor Child Rights and Defense Law
Dari MS Word & Excel
8 P8 Technical Member
Female - Bachelor Rules and Regulations of Courts & Inheritance Law
Dari MS Word & Excel
9 P9 Legal aid Male - Bachelor Child Rights and Justice for them, Defense law
Dari MS Word & Excel
10 P10 Legal aid Male - Bachelor Criminology & Inheritance law
Dari & Pashto
MS Word & Excel
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11 P11 Advisor and legal aid person
Male - Master Awareness on Trafficking, Inheritance Law, Family Law, Defense Law
English & Dari
MS Word, Excel & PowerPoint
12 P12 Legal aid Male - Bachelor Management, Leadership and Law Trainings
Dari MS Word
13 P13 Legal aid Male - Bachelor Defense Law Dari MS Word
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ANNEXURE-3
TRAINING DETAILS
Trainings – Department of Justice
S# Training Title Status (past, ongoing, planned)
Number of Events
Beneficiaries Male Female Major Problems
1 Leadership Past 1 3 3 0 There were difficulties in understanding as trainers were foreigners and translation was not properly carried out.
2 Awareness on Laws
Past 1 4 4 0 NA
3 Women Rights Past 1 3 3 0 NA
Trainings – Huquq Department
S# Training Title Status (past, ongoing, planned)
Number of Events
Beneficiaries Male Female Major Problems
1 Inheritance Law, Basics of Law and Trade law
Past 2 5 4 1 The training provider did not carry out an assessment or
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consult with the department before implementation
2 Family Law Past 1 2 2 0 NA
3 Female Property Rights
Past 1 2 1 1 NA
Trainings – Department of Juvenile Rehabilitation
S# Training Title Status (past, ongoing, planned)
Number of Events
Beneficiaries Male Female Major Problems
1 Children Rights Past 6 10 8 2 No
2 Public Awareness Past 2 10 8 2 No
3 Women Rights Past 1 5 3 2 No
4 Psychology Past 1 6 6 0 No
5 Inheritance Law Past 1 10 8 2 No
Trainings – Department of Legal Aid
S# Training Title Status (past, ongoing, planned)
Number of Events
Beneficiaries Male Female Major Problems
1 Defense Law Past 1 10 7 3 No
2 Family Rights and Rules of Civil Courts
Past 1 3 0 3 No
3 Awareness on Trafficking Past 1 4 4 0 No
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ANNEXURE-4
RESPONDENT OF FACULTY INTERVIEWS
Respondents Faculty of Law – University of Herat
S.# Staff Gender Education Major Experience in years Name of Department
1 P1 Female Bachelor Law and Political Science 1 Public Law
2 P2 Male Bachelor Political Science & Legal Clinic 3 Public Law
3 P3 Female Master Comparative Law 5 Public Law
4 P4 Female Bachelor Judiciary and Attorney 4 Public Law
5 P5 Male Master Law and Political Science 7 International Relations
6 P6 Male Bachelor Political Science 1 International Relations
7 P7 Male Bachelor Judiciary and Attorney 2 Public Law
8 P8 Female Bachelor Judiciary and Attorney 2 Private Law
9 P9 Male Master Political Science & International Relations 2 International Relations
10 P10 Male Master Law 4 Public Law
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Respondents Faculty of Sharia Law – University of Herat
S.# Staff Gender Education Major Experience in years Name of Department
1 P1 Male Master Sharia Law 11 Holy Exposition
2 P2 Male Bachelor Sharia Law 10 Holy Exposition
3 P3 Male Bachelor Sharia Law 8 Holy Exposition
4 P4 Male Bachelor Sharia Law 8 Islamic Studies
5 P5 Male Bachelor Sharia Law 12 Holy Exposition
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ANNEXURE-5
TRAINING NEEDS IDENTIFIED
The Training Needs Identified by the justice stakeholders are given in the following tables.
Trainings Needs Identified – Department of Justice and Related Departments
Training Needs Identified
S# Department of Justice
Huquq Department Juvenile Rehabilitation
Legal Aid
1 Awareness on Laws and Rights
Training on the Legal Codes of Afghanistan
Training on Child Rights and Child Psychology
Training on Principles of Justice
2 Management and Administration
Training on the Laws of Inheritance
Training on Civil Laws and Justice
Training on Laws of Inheritance, Civil Law and Business Law
3 Procurement and Finance
Training on Civil Laws
Training on Education Methods/Teaching Methods (for dormitory teachers)
Training on Criminal Law
4 Computer Knowledge
Awareness on Laws and Rights
Awareness on Laws and Rights
Awareness on Laws and Rights
5 Management and Computer
Management, Administration and Computer
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Trainings Needs Identified – Faculties and Students of Law and Sharia Law
Training Needs Identified
S# Faculty of Law Faculty of Sharia Law Students of Law and Sharia Law
1 Teaching Methods Taxation Laws Rules and Regulations of Courts
2 Financial Laws Financial Laws Fundamental Human and Civil Rights
3 Taxation Laws Trade Laws Afghanistan Law and Sharia Law
4 Fundamental Rights Family and Inheritance Laws English and Computer literacy, and
5 Advanced Training on Social Research Methodologies and Data Analysis for the lecturers/academic staff of the faculties of Law and Sharia Law
Trainings on Social/Applied Research Methodologies for the students of Law faculty
6 Management, Administration and Finance, IT and Data Management for office / administrative staff.
Practical opportunities for students to observe the judicial system
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Justice System in Afghanistan, November 2010, ([email protected])
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11. Tondini, M., 2010, „Statebuilding and Justice Reform: Post-Conflict Reconstruction in
Afghanistan‟ Volume 26 of Cass Series on Peacekeeping, Taylor & Francis Group
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Governance, Justice and Development: Policy Notes for the 2010 Kabul Conference‟
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793N8P-full_report.pdf/$File/full_report.pdf
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UK, 2004
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the Governance Standing Committee, June 2013 Link:
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21. LAW ON ORGANIZATION AND JURISDICTION OF COURTS OF THE ISLAMIC
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26. Astri Suhrke and Kaja Borchgrevink, “Negotiating justice sector reform in Afghanistan”,
2008, Link: http://www.tawanmandi.org.af/knowledge-
portal/Negotiating%20justice%20sector%20reform%20in%20Afghanistan.pdf
27. Afghanistan Rule Of Law Project, Field Study Of Informal And Customary Justice In
Afghanistan, And Recommendations On Improving Access To Justice And Relations
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REPORT BY:
Afghan Management and Marketing Consultants (AMMC)
Address: Karte 3, Near Shura Street, Kabul Afghanistan
Website: www.ammc.com.af
Email: [email protected]
Phone: +93 752021262
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