JUSTICE AND HUMAN
RIGHTS IN AFGHANISTAN 2014 3rd QUARTERLY PROJECT PROGRESS
REPORT
UNITED NATIONS DEVELOPMENT
PROGRAMME
UNITED NATIONS DEVELOPMENT PROGRAMME
DONORS
Denmark Italy
Netherlands Switzerland UNDP
PROJECT INFORMATION
Project ID: 00068012
Duration: January 2013 – December 2015
Strategic Plan Component: Rule of Law
CPAP Component: Access to Justice, Human Rights
ANDS Component: Governance, Rule of Law, Human Rights
Total Project Budget: USD 34,402,039
Annual Budget 2014: USD 7,841,973
Unfunded amount 2014: USD 626,074
Implementing Partners: Ministry of Justice, Supreme Court, Attorney General’s Office,
Afghanistan Independent Human Rights Commission, Afghanistan Independent Bar Association,
UNDP Afghanistan
Responsible Agency: UNDP
Chief Technical Advisor: Dr. Doel Mukerjee
Acting Interim Project Manager: Augustine Bahemuka
OIC Rule of Law: Hedayatullah Mohammadi
COVER PAGE: Students at an English class supported by JHRA at the Ministry of Justice. Credit: UNDP,
22 October 2014.
ACRONYMS
AIBA Afghanistan Independent Bar Association
AIHRC Afghanistan Independent Human Rights Commission
ASGP Afghanistan Sub-national Governance Project
AWP Annual Work Plan
CBDR Community-based dispute resolution
CEDAW Convention on the Elimination of All Forms of Discrimination against Women
CLRWG Criminal Law Reforms Working Group
CRC Convention on the Rights of the Child
CSO Civil society organization
DDA District Development Assembly
DoJ Department of Justice
EUPOL European Police Mission in Afghanistan
EVAW Elimination of Violence against Women
FGDs Focus Group Discussions
FRU Family Response Unit
GBV Gender Based Violence
GDMA General Directorate of Municipal Affairs
GIRoA Government of the Islamic Republic of Afghanistan
HRSU Human Rights Support Unit
Huquq MoJ Legal Affairs Department
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic, Social and Cultural Rights
LAGF Legal Aid Grant Facility
LEP Legal Empowerment of the Poor
LoA Letter of Agreement
LOTFA Law and Order Trust Fund of Afghanistan
M&E Monitoring and Evaluation
MoFA Ministry of Foreign Affairs
MoI Ministry of Interior
MoJ Ministry of Justice
MoU Memorandum of Understanding
MoWA Ministry of Women’s Affairs
NAPWA National Action Plan for Women in Afghanistan
NDS National Directorate of Security
NHRI National Human Rights Institute
NLTC National Legal Training Center
NPP National Priority Programme
NTA National Technical Assistance
PLAU Public Legal Awareness Unit
PPD MoJ Planning and Policy Department
RoL Rule of Law
RoLIS Rule of Law Indicators Study
SOPs Standard Operating Procedures
Taqnin MoJ Institute for Legislative Drafting and Legal Research
TCC Technical Coordination Committee
ToR Terms of reference
UNAMA United Nations Assistance Mission to Afghanistan
UNCAT United Nations Convention against Torture
UNDP United Nations Development Programme
UNODC United Nations Office on Drugs and Crime
UPR Universal Periodic Review
TABLE OF CONTENTS
I. EXECUTIVE SUMMARY .................................................................................................................... 1
II. RESULTS: ......................................................................................................................................... 3
OUTPUT 1: High level coordination mechanism for developing policy and legislation in accordance
with international and national standards are established and functional in State justice
institutions .......................................................................................................................................... 3
EXPENSES FOR THE YEAR ................................................................................................................ 7
OUTPUT 2: Mechanisms for providing quality access to justice services to vulnerable groups are
established and functional ................................................................................................................ 14
EXPENSES FOR THE YEAR .............................................................................................................. 18
OUTPUT 3: Public participation processes and knowledge base for improving access to justice and
human rights compliance successfully established. ......................................................................... 24
EXPENSES FOR THE YEAR .............................................................................................................. 27
OUTPUT 4: Project Support Unit: Internal oversight, monitoring and evaluation capacity in place 32
EXPENSES FOR THE QUARTER ....................................................................................................... 34
III. GENDER-SPECIFIC RESULTS ....................................................................................................... 36
IV. PARTNERSHIPS .......................................................................................................................... 37
V. ISSUES ........................................................................................................................................... 38
VI. RISKS .......................................................................................................................................... 39
VII. LESSONS LEARNED .................................................................................................................... 39
VIII. FUTURE PLANS .......................................................................................................................... 41
IX. ANNEXES ................................................................................................................................... 43
A. ANNEX 1: FINANCIAL TABLE ...................................................................................................... 43
B. ANNEX 2: EXPENSES BY OUTPUT .............................................................................................. 44
C. ANNEX 3: EXPENSES BY DONOR................................................................................................ 45
D. ANNEX 4: RISK LOG ................................................................................................................... 47
E. ANNEX 5: ISSUE LOG ................................................................................................................. 49
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I. EXECUTIVE SUMMARY
United Nations Development Programme (UNDP) Justice and Human Rights in Afghanistan
Project (JHRA) phase II aims to increase the public’s trust in Afghan justice institutions to
create the necessary foundation for the re-establishment of State legitimacy. JHRA Phase II
was initiated on 1 January 2013.
JHRA provides important support to (i) establish functional high-level coordination
mechanisms for developing policy and legislation in accordance with international and
national standards with the Ministry of Justice (MoJ); (ii) establish functional mechanisms to
provide quality justice services to vulnerable groups through Afghan counterparts; and, (iii)
establish public participation processes and knowledge base for improving access to justice
and human rights compliance through government institutions, Afghanistan Independent
Human Rights Commission (AIHRC) and civil society organizations (CSOs).
Output 1:
In an important step forward for the Human Rights Support Unit (HRSU) of the MoJ, the
Human Rights Support Regulation was passed 4 August by the Council of Ministers thereby
formalizing the mandate of the unit and establishing an inter-ministerial task force that will
take decisions for the government on human rights issues. This ensures that HRSU will be
able to support the government to ensure legislative compliance with Afghanistan’s
international human rights commitments, monitor implementation of international
conventions and provide human rights training to government officials.
Work on the Rule of Law Indicator Study (RoLIS) also made significant strides during this
quarter. After several months of fine tuning and consultation with the national working group
to ensure national ownership, a set of 130 indicators was finally submitted to the group for
their review and approval. Subsequently, the indicators were presented to the UN results
group and a working group was formed to prioritize and trim the number of indicators for the
survey to provide recommendations to the national RoLIS working group. Also during this
quarter, a company was contracted to carry out Focus Group Discussions (FGDs) and
interviews in the provinces for the RoLIS.
Output 2:
Q3 saw months of effort come to fruition as the lawyers registered with the Legal Aid Grant
Facility (LAGF) took up the facility’s first cases. A total of 247 cases were distributed in four
provinces. The LAGF has already had many successes in individual cases, and as of the end
of the reporting period, 64 criminal family cases were resolved. Also this quarter, JHRA
supported the opening of the sixth regional AIBA sub-office in Helmand province. In
addition to operationalizing the LAGF in Helmand, the opening of the office will enable law
students in the province to take their licensing exams at the provincial level.
This quarter, advocacy efforts towards the establishment of a specialized Elimination of
Violence against Women (EVAW) court began in earnest. An international and a national
consultant held meetings with justice sector actors and civil society stakeholders in order to
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garner support for the proposal, which was initially proposed in the VAW report of MoWA.
As a result, a committee made up of JHRA, the legal advisor to the Ministry of Women’s
Affairs (MoWA), and the head of the legal department of MoWA was established to review
and design the plan. It is expected the draft design will be ready for wider consultations and
advocacy to the Supreme Court in Q4.
Output 3:
The final draft of the Communication Strategy developed in coordination by the Public Legal
Awareness Unit (PLAU) was adopted by the MoJ. Providing PLAU with guidelines on how
to engage with State and non-State actors, the Communication Strategy and subsequent
Action Plan will operationalize the MoJ’s Legal Awareness Strategy produced in 2011.
Following the plan’s adoption, a contracting company is now coordinating with PLAU to
carry out the implementation phase, and orienting regional staff in the document.
Output 4:
In Q3, an international evaluator and a national evaluator started their work on JHRA’s mid-
term evaluation. On 25 Aug, they began several weeks of meetings with various strategic
partners, government counterparts and donors. The first draft of the report is expected 1 Nov;
the final draft is expected 20 Nov. Recommendations of the mid-term evaluation will help
redesign the project for its remaining period. Further, a management review was undertaken
by an external UNDP expert to provide an overall assessment of the project’s management
structure and the relationship between the project management, including the pillar managers,
and its government counterparts. The evaluation will give recommendations on how to more
clearly define the roles within the project management structure and how to improve the
relationship between the project and its government counterparts so that the project can
engage government more substantially and effectively.
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II. RESULTS:
OUTPUT 1: High level coordination mechanism for developing policy and
legislation in accordance with international and national standards are
established and functional in State justice institutions
Output 1 focuses on increasing the capacity of the Government of Afghanistan to produce
informed and compliant high-level policy documents and legislation by strengthening key
departments of the MoJ, including their coordination with line ministries and institutions.
This output is aligned with NPP 5: Law and Justice for All, particularly Component 1 on
“Improving the Legislative Process”, and NPP 6: Human Rights and Civic Responsibilities. It
is expected that at the end of the project period, the results of this output will provide the MoJ
with mechanisms, such as the Legislation Committee, for coordinating the development of
policy and legislative documents with other ministries, and improve coordination between the
MoJ Policy and Planning Department (PPD), MoJ Institute for Legislative Drafting and Legal
Research (Taqnin), including the Translation Board, and HRSU.
1.1. Increase capacity of the Legislation Committee to enable sector-wide
coordination and strengthen policy making.
Indicator 1.1: Mechanism established for activating Legislation Committee meetings.
During this quarter, negotiations were undertaken to provide additional support to the
Criminal Law Reforms Working Group (CLRWG) for the finalization of the Penal Code of
Afghanistan.
The Government of Afghanistan is currently in the early stages of reforming its criminal
laws, with an aim of achieving an updated and consolidated penal code containing all
criminal provisions applicable in Afghanistan. The goals of reform include the consolidation
of all criminal provision of law into a single penal code, codifying in the penal code the
principles of Sharia (as was recently done in some of the counties), updating, modernizing
and clarifying the offenses and punishments set out in the penal code (removing unnecessary
offenses and adding new and emerging ones), increasing the effectiveness of the penal code
in preventing, reducing, deterring and fairly punishing criminal behaviour, and ensuring
conformity with international standards and Afghanistan’s obligations’ under the treaties and
conventions it has ratified.
To achieve the goals of reform, the first vice president’s office requested an international
expert familiar with Sharia and international law, as well as the context of the Afghan legal
system, to scrutinize the preliminary draft provided by the CLRWG and review it within the
context of national and international standards, Sharia and emerging crimes.
This analysis will be undertaken on the completed draft on the general part of the law,
including the chapters that pertain to financial and economic crimes, terrorism, and internal/
external related crimes. The expert, who will be hired with the support of UNDP and will
work for 75 days, will be expected to undertake review and scrutinize the preliminary draft of
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Afghan Penal Code provided by the CLRWG and to make constructive recommendations and
revisions for further enhancement of the draft based on comparative analysis with global
Islamic jurisprudence best practices and emerging crimes. The expert will report findings,
recommendations and revisions to the CLRWG.
1.2. Strengthen MOJ policy-making capacity through the PPD.
Indicator 1.2: Two strategic documents developed for MoJ and justice sector institutions.
The two annual targets for this Activity Result are: 1) “MoJ Strategic Plan finalized” and 2)
“1393 RoLIS conducted”. The first target has already been achieved. The second target is
progressing according to schedule, with field roll out of the survey planned for Q4. This
Activity Result is on target.
PPD of the MoJ, which is supported by JHRA, is drafting a resource empowerment proposal
for the Capacity Building for Results Facility administered by the World Bank. In order to
prepare a draft proposal for the program, PPD met with six central directorates of the MoJ.
During Q4, PPD will meet with seven other directorates. The proposal is expected to be
submitted in Q4.
At the request of the interim leadership of the MoJ the PPD is also conducting a capacity
assessment of the MoJ Legal Affairs department (Huquq) directorate. Through FGDs and
interviews with the different committees of the Huquq, the PPD is conducting a review that
will enable better planning of training and workshops for the directorate and streamline the
Tashkeel. The assessment is expected to be submitted in Q4. Also during this time period, the
PPD completed the MoJ’s activity report for the second quarter and submitted it to the
leadership of the ministry. In addition, the directorate completed a strategic plan for the
Gender Unit of the MoJ. The plan will assist in operationalizing the strategic plan of the MoJ
and covers capacity building, training and recruitment of women for the MoJ. The draft of the
plan has been submitted to the leadership of the MoJ and is awaiting comments.
Also this quarter, the PPD staff worked on developing indicators for the action plan which
operationalizes the strategic plan of the MoJ. The indicators are expected to be submitted in
Q4. The department also prepared short-, medium- and long-term plans for the MoJ for
discussion at the London Conference which focused on four areas: elimination of corruption,
improving case management strategies, increasing access to justice for Afghan citizens, and
expansion of legal aid services through the LAGF.
PDD, under the supervision of the leadership of the MoJ, is also working on a human
resource policy for the MoJ and a Communication Strategy for the Public Legal Awareness
Unit. The first drafts of these documents have been completed and are under review.
Work on the RoLIS, which is to provide a baseline for the justice sector in Afghanistan,
moved forward significantly in this quarter. After several months of fine-tuning and
consultations with the national working group to ensure national ownership, a final set of 130
indicators was submitted to the national working group for their review and approval.
Subsequently, the indicators were also presented to the UN Results Group, which included
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Figure 1: Government officials discuss the Law on
Obtaining Rights at a conference in Herat. Credit:
UNDP, 1 September 2014
representatives of various agencies. At the meeting the decision was made to form a UN
working group on RoLIS to provide the national working group with technical and advisory
support on the proposed set of indicators.
On 16 September, a company was contracted to carry out FGDs and interviews in the
provinces to collect data for the qualitative indicators. The company will begin its work in
Q4. Administrative data collection is planned for Q4 in order to gather information for the
quantitative indicators. In addition, a document review was in conducted order to check
documents including the Afghan Constitution, national laws, and policy papers for
compliance with Afghanistan’s international human rights treaties. These documents were
reviewed for agreement with international conventions ratified/signed by Afghanistan.
Finally, a frequently asked questions sheet was prepared and approved by working group and
is expected to be printed in Q4.
1.3. Increase the MOJ’s capacity to effectively reform law through the Taqnin
(including the Translation Board).
Indicator 1.3: 20% of documents listed on the legislative calendar that are supported with
translated resources & international best practises.
The annual target for this Activity Result is
“Two laws drafted/reviewed and translated by
the Taqnin reflecting international best
practices.” The work undertaken by JHRA
through the consultative conference on the Law
on Obtaining Rights as well as the assistance
provided to the MoJ on the drafting of the
Family Law, requested by the minister and the
legal advisor to the first vice president’s office,
feeds into this target by providing the Taqnin
with international expertise and customized best
practices for two draft laws. This activity is
therefore on target.
During this quarter, a three-day consultative workshop was held on the draft Law on
Obtaining Rights. Forty-five participants, including representatives of the Department of
Justice, CSOs, defense lawyers and UN agencies, participated. The conference offered an
opportunity for various justice sector stakeholders to provide input into the formulation of the
law. The law covers rights arising out of civil contracts and specifies the role, responsibilities
and jurisdiction of the Huquq in addressing civil disputes. The previous version of the law
dated back to the Taliban regime. Previously, people with issues arising out of civil contracts
often took their cases to the wrong place, such as the police, resulting in human rights
violations. The updates to the law will ensure that all civil cases come to the HuquqThis same
issue was also highlighted during the consultation process for the assessment on how to
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define the boundaries within which traditional dispute resolution mechanisms can be utilized
for civil matters, which is being undertaken under Component 3 of JHRA.
In this quarter, too, a request was received from the MoJ by JHRA to provide technical
support for the preparation of the final draft of the Family Law through an international
exposure visit to an Islamic country which has recently developed contemporary legislation
for the empowerment of women. It was also suggested that an expert in the selected country
should be recruited to assist the team for the substantive inputs into the family law draft.
However, this is still under discussion. Therefore, to speed up the discussions, a terms of
reference (ToR) for an international expert on family law was drafted and submitted to MoJ
leadership.
Meanwhile, JHRA continued to support capacity building activities for government
employees in the form of English classes for both genders and computer classes for women.
This quarter, the basic and pre-intermediate English classes had 10 students. Twenty-four
women graduated from the basic computer class.
1.4 Strengthen the MOJ’s capacity to produce human rights compliant Government
policies and laws through HRSU.
Indicator 1.4: 25% of laws and regulations received or drafted by the Taqnin that are
reviewed by HRSU for human rights compliance.
In a significant step forward for HRSU, the Human Rights Support Regulation was passed by
the Council of Ministers 4 August. This regulation establishes a legal basis for HRSU’s work,
giving the unit the authority to work with government agencies and obliging them to
cooperate. Publication of the official gazette of the regulation is planned for Q4. The launch
will provide an opportunity for HRSU to educate government officials of various agencies
about the regulation and the unit’s work.
In Q3, HRSU, supported by JHRA, continued with its work reviewing pending and current
legislation. The unit reviewed the draft Law on Prohibition of Recruitment of Children in
Security Forces for alignment with international human rights conventions signed by
Afghanistan and shared its recommendations with the Taqnin. The majority of its
recommendations were accepted. The unit also reviewed the draft Regulation on Orphanages;
proposed recommendations will be shared with the Taqnin in Q4. In total, 39 laws, 17
regulations and 10 strategies and agreements currently on the books were reviewed for
compliance with the International Covenant on Civil and Political Rights (ICCPR), and the
results were shared with the Taqnin for endorsement and action. HRSU is also currently
developing a report on cultural rights and intellectual property in Afghanistan which will
include a review of current laws.
The unit also continued work on a number of knowledge products to meet the demand for
additional information on human rights voiced during previous training sessions with
government officials. In order to inform government officials of their obligations under the
ICCPR, the unit continued its translation of the document. The translation of the Cairo
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declaration was completed this quarter. The Recommendation Action Plan on International
Human Rights Mechanisms has been updated to include Convention on the Elimination of
All Forms of Discrimination against Women (CEDAW) and Universal Periodic Review
(UPR) 2013 recommendations and shared with the Human Rights Taskforce for the
information of its members once it begins meeting in Q4. It is expected to be finalized in late
November. The revised action plan will be published in Q4 with new priorities and targets for
each ministry. HRSU has also started developing a manual on legislative review for
parliament.
HRSU has also developed a draft of guidelines for tracking the implementation of
international human rights conventions by State institutions in order to make this process
more systematic. With the aim of supporting the Ministry of Foreign Affairs (MoFA), the
unit also reviewed the Protocol on Ending Women Circumcision for alignment with national
laws and forwarded its findings to the ministry. During this quarter, HRSU also continued its
regular training for National Directorate of Security (NDS) staff with workshops in August
and September, and reviewed the impact of its March-May training for Ministry of the
Interior (MoI) staff. According to the review, a majority of participants in the training said
they would use the information received in their work.
EXPENSES FOR THE YEAR
During Q3 2014, a total of USD 315,835 was spent for this output. For more details, please
see Annex 2.
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Table 1: Q3 2014 Progress for Output 1
2014 Baseline 2014 Annual Targets Q3 2014 Planned Q3 2014 Actual Comments
1.1 Legislation
Committee meetings
are not producing
clear directives for
legislative review.
1.1 Five directions of
legislative review
provided by the
Legislation
Committee in a
formal legislative
review tool.
Support Legislation Committee in the
preparation, coordination and distribution of
relevant information and analysis for policy
discussions.
ToR to engage an international expert to reform the Penal
Code of Afghanistan were developed and shared with the
legislative advisor to the president’s office.
1.2 MOJ Strategic Plan
not yet finalised.
1.2.1 MoJ Strategic Plan
finalized.
1.2.2 1393 RoL indicators
study conducted.
Assess the capacity of MoJ systems,
procedures and individual staff competency to
analyse justice issues and provide policy
recommendations.
PPD staff initiated work to develop a draft proposal for
CBR Tier 2 Programme. Meetings were held with six
central directorates of MoJ (Admin & Finance Directorate,
Legal Aid Directorate, Huquq Directorate, Juvenile
Rehabilitation, General Directorate, and Taqnin General
Directorate).
The PPD conducted a capacity assessment of the general
department of the Huquq.
The PPD prepared MoJ’s central and provincial
directorates’ activities report for Q2.
PPD conducted four working group meetings on RoLIS
and assisted the working group by providing technical
support.
The PPD revised the draft gender strategic plan for the
MoJ Gender Unit.
PPD conducted a meeting with all the leadership of the
ministry and prepared the MoJ long-, medium- and short-
term plans for the London Conference on 1) elimination of
corruption; 2) creating a system of legal cases; 3)
improvement of the quality of legal service; and 4)
expansion of legal aid services through LAGF.
PPD staff developed an action plan for the MoJ strategy
(2013-2017). The action plan is developed in six sections
(code of activity, description of activity, code of sub-
activities, sub-activities, implementer, and date of
implementation, expected results and indicators).
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2014 Baseline 2014 Annual Targets Q3 2014 Planned Q3 2014 Actual Comments
Design and implement a capacity development
plan based on the assessment, including
professional development of staff through
educational exposure to international
expertise.
MoJ reviewed staff and nominated two members for a
scholarship program to complete their masters’ degrees at
local universities.
Support MOJ PPD in the initiation and
facilitation of an annual baseline/RoL
Indicators study conducted to inform policy
and planning.
The implementing company to conduct FGDs and
interviews in the five provinces of Afghanistan on RoLIS
signed the contract on 16 Sept.
Four working group meetings on RoLIS were conducted
on 16 Aug, 1, 15 and 30 Sept.
A FAQ sheet on RoLIS was developed and shared with
the working group members. The FAQ contents and
design was approved by the Chair of working group on 21
Aug. The FAQ is being printed for wider dissemination.
Facilitate commitment to provide data and
collaborate on the annual baseline/RoL
indicators study from key Government
institutions (SC, AGO, MOI, MOJ, MOWA,
MOLSAMD) and international partners.
The document review assessment sheet on RoLIS was
completed on 24 Aug after collection of information on 19
indicators from SC, police and CPD, and AGO.
A final set of 130 indicators was developed and submitted
to the working group for review and subsequent
endorsement on 24 Sept. The working group is reviewing
the set, which includes both qualitative and quantitative
indicators.
A meeting with 17 UN results group members was held on
4 Sept to present the qualitative and quantitative indicators
that were developed for RoLIS and Monitoring and
Evaluation (M&E) purposes in the justice and rule of law
sector of Afghanistan. The decision to form a UN working
group on RoLIS was taken at this meeting.
A request was received from the chair of national working
group on RoLIS to expose the group to knowledge and
information on M&E systems in the justice sector in other
countries of a similar context. Turkey was identified for
this proposed visit.
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2014 Baseline 2014 Annual Targets Q3 2014 Planned Q3 2014 Actual Comments
1.3 The MOJ Taqnin has
an annual legislative
calendar for 1392.
Two documents
from the legislative
calendar have been
translated by the
Translation Board
and reviewed based
on international best
practises.
1.3 Two laws
drafted/reviewed and
translated by the
Taqnin reflecting
international best
practices.
Support the Taqnin and the TU in the
establishment and implementation of an
annual legislative and translation calendar to
plan law-making.
A three-day consultative workshop was organized to
review the Law on Obtaining Rights for 45 participants
from the Department of Justice (DoJ), CSO, defense
lawyers, and UN agencies (42 M 3 F).
The ToR for engaging an international expert on family
law reform in Afghanistan were developed and shared
with MoJ leadership. The ToR is currently under the
review of MoJ.
Support the Taqnin on global legislative best
practices during law making process.
The Translation Board translated and edited the following
legislative documents:
1) Water Law (Dari-English)
2) Anti-Hoarding Law (Dari-English)
3) State Cases Act (Dari-English)
4) Law on Afghanistan Single Chamber of Commerce
(Dari-English)
5) Indian Road Traffic Act (English-Dari)
6) Kyoto Protocol on Climate Change Convention (Dari-
Pashtu)
7) Scientific Foundation Charter of Economic
Cooperation Organization (Dari-Pashtu)
8) Multi-lateral Agreement for the Establishment of an
International Research Center for Land-locked
Developing Countries (Dari-Pashtu)
9) Valley Organization Charter (Dari-Pashtu) 10) Islamic Jurisprudence of Cooperation Contract (Arabic-
Dari)
11) Assistance to Taqnin on identifying Arabic Laws for
research purposes
12) Translation of RoLIS indicators (English to Dari)
13) Translation of manual for Documental Auditors for
Internal Audit Department of MoJ
English classes for MoJ staff:
JHRA supports two levels of English classes – elementary
(8 M, 2 F) and pre-intermediate (4 M, 6 F) – with 10
students each (including four from the Gender
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2014 Baseline 2014 Annual Targets Q3 2014 Planned Q3 2014 Actual Comments
Department).
Each class completed ten units of the course books and
eight examinations: four tests and four quizzes.
Computer classes for MoJ women officials:
Completed lessons on basic Microsoft Word (24 F). All
graduated and 85% received a high or middle score.
To start intermediate Excel class for 15 female staff.
Intermediate class is still in progress. Establish business process to ensure laws
entering Taqnin are reviewed by HRSU on
human rights compliance when relevant to
human rights.
This has been formalized through the HRSU regulation,
passed on 4 Aug, and rigorous coordination has been
established between HRSU and Taqnin to prioritize laws
in the Legislative Calendar for HRSU review.
1.4 HRSU reviewed 10%
of documents in the
legislative calendar
in 1392.
1.4 25% of laws drafted by
the Taqnin are
reviewed by HRSU.
Increase coordination between HRSU and the
Taqnin through engagement on the Executive
Committee and trainings to ministerial legal
focal points.
HRSU reviewed the draft law prohibiting the recruitment
of children by military groups from a human rights
perspective and comments were shared with the Taqnin.
Recommendations included alignment with International
Covenant on Economic, Social and Cultural Rights
(ICESCR) Order No. 30, paragraphs (b, c, d); Convention
on the Rights of the Child (CRC) recommendation No. 65
and UPR recommendation No. 16, 114, 115, 116, 117 on
non-attendance and/or presence of children in armed
conflict.
HRSU reviewed the Regulation on Orphanages in light of
international conventions and proposed recommendations
to be shared with the Taqnin.
HRSU completed its review of 39 laws, 17 regulations,
10 strategies and agreements for compliance with the
ICCPR, and submitted this to the Taqnin for review,
endorsement and action.
HRSU reviewed the following laws for compliance with
Article 15 of the ICESCR. The findings will be developed
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2014 Baseline 2014 Annual Targets Q3 2014 Planned Q3 2014 Actual Comments
into a report on Cultural Rights and Intellectual Property
in Afghanistan.
o Law on Author Rights
o Law on Inventor and Discoverer Rights
o Law on Rights and Privileges of Cadre Members of
Teacher Training Institutions and Islamic High
Schools
o Law on Mass Media
o Regulation on Organizing Exhibitions for Cultural and
Historical Monuments.
Support Taqnin and HRSU in the organization
of trainings in law-making and law-making
processes for Government officials and
legislators as relevant to legislative calendar.
Draft handouts on “Human Rights and the Afghan
Constitution” and “Juvenile Justice” have been completed
and shared with the MoJ Amendment Committee for
enrichment.
HRSU is drafting a handout entitled “Police
Responsibilities in Detecting Crime.”
HRSU continued its review and translation of the ICCPR
and completed its translation of the Cairo Declaration into
Pashto.
HRSU has started developing a manual on legislative
drafting and review for parliament. The unit is holding
consultations with MPs involved in the legislative drafting
process.
The updated Recommendation Action Plan on
International Human Rights Mechanisms has been updated
to include CEDAW and UPR 2013 recommendations and
shared with the Human Rights Taskforce for comments.
Facilitate the adoption of the Regulation on
HRSU and sensitisation of Ministries. The Government of Afghanistan Regulation on Human
Rights Support was approved by the Council of Ministers
on 4 Aug and sent to MoJ for publishing into the Official
Gazette.
The Dari page of the HRSU website is completed and
operational. Work on the Pashto page is ongoing.
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2014 Baseline 2014 Annual Targets Q3 2014 Planned Q3 2014 Actual Comments
Support the HRSU in provision of technical
support to MoFA to develop and submit State
Reports on the UNCAT/ICCPR and UN Res.
1325.
According to official letter No. 761 dated 1/05/1393 of the
MoFA and instructions of Minister of Justice, the unit
reviewed the Protocol on Ending Women Circumcision
(Khafaz) in light of Civil Law, Personal Status Law, the
EVAW Law, the Criminal Code, and the Constitution.
HRSU’s review indicated that all national laws were in
compliance with the protocol, and recommended its
adoption by the State. These findings were sent officially
by the MoJ to MoFA.
HRSU developed a draft of guidelines for tracking the
implementation of international human rights conventions
by State institutions and setting indicators based on rights
enshrined in human rights conventions, using ICCPR and
United Nations Convention Against Torture (UNCAT) as
models.
Human rights trainings held through key focal
points, with particular focus on MoI, AGO,
NDS.
HRSU conducted two one-day workshops for 16 (M) NDS
staff on 16 Aug and 15 (M) NDS staff on 15 Sept at the
NDS Training Center. Topics included concepts,
principles and characteristics of human rights; provisions
of UNCAT; rights of suspects and the accused; and
judicial processes.
HRSU reviewed the primary school textbook on Life
Skills at the request of the MoE. HRSU will continue its
curriculum review, and submit its findings to MoE.
HRSU reviewed the impact of a five-part workshop
conducted for 18 MoI staff in Mar-May 2014. Analyses of
the training’s effectiveness and recommendations for long-
term follow up have been submitted to MoI for
endorsement.
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OUTPUT 2: Mechanisms for providing quality access to justice services to
vulnerable groups are established and functional
Output 2 aims to enhance the Afghan public’s access to quality justice services through the
improvement and provision of legal representation, strengthening of coordination between
State and non-State justice providers, and increasing the number and capacity of trained
justice officials at the sub-national level. This output supports NPP 5 component 3
(“Increasing meaningful access to justice”) and component 4 (“Building institutional capacity
to strengthen justice delivery”), and includes working with the service providers of the justice
institutions – courts, prosecutors’ offices, EVAW Units, Huquq Departments, Family
Response Units (FRUs), Afghanistan Independent Bar Association (AIBA) chapters, and
National Legal Training Centers (NLTCs).
Overall this component is mandated to provide services to vulnerable people. In 2013, the
key procedures and mechanisms for expanding the services of State justice providers to
communities were identified and established through the LAGF, and the State and traditional
justice platforms. It is expected that in 2014 these mechanisms will provide actual services to
the Afghan people through expanded and expedited legal services.
2.1. Establish independent Legal Aid Grant Facility and supporting mechanisms.
Indicator 2.1: Number of cases supported through the Legal Aid Grant Facility
disaggregated by criminal, civil, detention and women’s cases.
The annual target for this Activity Result is “400 cases and instances of legal advice provided
through the Legal Aid Grant Facility.” The first tranche of funding for legal aid cases through
the LAGF was disbursed to AIBA in Q2, and a call for applications for support through the
facility was sent to registered defense lawyers. In Q3, 190 lawyers were registered with the
facility. It was expected that the LAGF will distribute at least 400 cases by the end of the
year. Therefore this activity result should meet its target.
15 | P a g e
Q3 saw lawyers registered with the LAGF take up the facility’s first cases. A total of 247
cases were distributed and, as of the end of the reporting period, 64 criminal and family cases
were resolved, going a significant way to accomplishing the yearly target for this activity.
The LAGF is currently
operating in four
provinces: Herat,
Helmand, Balkh and
Nangarhar. Of the total
number of clients
served, 49 were female
and 198 were male. To
ensure LAGF services
are able to reach those
who require assistance,
a public awareness
campaign was
mounted. By providing
legal aid to women,
children and indigent
men in a country where there is limited legal assistance
available, it is expected that the LAGF will contribute
greatly to increasing access to justice for Afghanistan’s
most vulnerable. That the facility is expected to play a
key role in boosting citizens’ access to justice is also
evident in the MoJ’s long, medium, and short term
plans which were prepared for the London Conference
expected to take place in end November 2014. The
MoJ’s plans have identified LAGF as one of the
mechanisms for reaching out to provide access to
justice for citizens.
Q3 also saw the establishment of the sixth regional
sub-office of the AIBA in Helmand province. The
establishment of the office operationalized the region’s
LAGF, allowing cases to be channeled to the lawyers
registered with the facility. Within the reporting
period, the Helmand sub-office had assigned 45
criminal and family cases to defense lawyers. The
opening up of the AIBA will also allow students who
are graduating from the law faculties of the three private universities to take their bar
association examinations at Lashkar Gah and receive the necessary licensing. It is expected
that the ability to take the bar examinations at the provincial headquarters will also motivate
women law students to complete their legal education and receive a professional degree.
Case Study
It’s been a year and eight months
since Anita’s husband started
beating her. The 20-year-old
woman, who lives in Herat, has
bruises all over her back from the
blows, she says.
“My husband said, ‘Now you are
mine; I can do what I want,’” she
says. “I lived with my mother-in-
law and my father-in-law in one
house. At the end of the day my
mother in law would say, ‘Look,
this girl didn’t do anything all
day. She was just sleeping.’ After
that my husband would punish
me.”
Through the LAGF, Anita has
been provided with legal
representation she would not
have otherwise been able to
afford. She is one of the 49
women who the facility has
provided with legal assistance
this quarter.
“I appreciate the LAGF
committee because they are
providing me with support,” says
Anita. “I don’t want money from
my husband; I just want to get a
divorce.”
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Also within the reporting period, as part of capacity building for defense lawyers, Criminal
Procedure Code (CPC) workshops were conducted through the AIBA with lawyers from
Herat, Nangarhar, Balkh and Helmand. The training provided lawyers with knowledge about
the new CPC, allowing them to function more effectively in their work.
During this period, JHRA also supported the first round of 12-day training sessions for 30
students of the law and sharia faculties of Herat University in preparation to establish the
EVAW Law clinic. Some basic training and information was provided to the students prior to
the in-depth knowledge development on EVAW. The topics included in the training were: the
code of conduct for lawyers, the CPC and advocacy. The purpose of this training is to prepare
students to serve in an EVAW legal clinic that will afford them the opportunity to gain
practical skills while at the same time assisting the public by providing advice on EVAW
related cases. JHRA plans to offer similar training in Helmand province. Preparations are
currently being made and its establishment is expected in Q4.
2.2. Consolidate communication and coordination between State and non-State
justice providers at provincial and district levels.
Indicator 2.2: District-level mechanisms held that include State and traditional justice
providers.
The annual target for this Activity Result is “Mechanisms for coordination between State and
non-State justice providers established in 10 districts”. During Q3, work has been done on
mapping existing coordination platforms and collecting data, however the security situation
has adversely affected the projects ability to conduct work in districts. More work needs to be
done to institutionalize coordination mechanisms; therefore this activity result was only
partly met.
During Q3, JHRA conducted data collection regarding level of coordination between State
and non-State justice providers for the five districts of Nangarhar province and the five
districts of Herat province to identify a baseline for the number of cases currently being
transferred from the informal to the formal justice system. Data was collected from the
courts, the prosecution’s office the Huquq, the police, the shuras and some residents of the
districts. Information collected included the number of cases that come to non-State actors,
how many cases were resolved and how many are referred to the formal justice system.
Collection of this data provides a baseline for the current level of coordination between the
two sectors.
Subsequently, a coordination meeting was held in Helmand province with the aim of building
bridges between State and non-State actors and informing non-State actors about the
jurisdictions of State actors. These meetings served the purpose of bringing these actors
closer together with the aim of increasing referrals from the informal to the formal sector.
Meetings were also planned for Herat and Nangarhar Q3, but did not take place due to
security concerns surrounding the election process. The gatherings have therefore been re-
scheduled.
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2.3. Enhance the professional capacity of State Justice service providers (including
respect for due process).
Indicator 2.3: No. of National Legal Training Center (NLTC) chapters.
The annual targets for this Activity Result are 1) “One report on existing curricula for judges,
prosecutors and Huquq officials is mapped”; and 2) “One MoU on NLTC signed and one
NLTC in Herat established.” In Q3, the national consultant began revising and the draft
Memorandum of Understanding (MoU) and tailored NLTC curriculum and held consultations
on them. This Activity Result is therefore on track.
The lead consultant for the establishment of the Herat chapter of the NLTC prepared a draft
charter for the NLTC, a MoU and an outline of the curriculum to be used for training. State
justice providers were brought together to provide their input into the various drafts.It is
expected that the documentation for the Herat NLTC will be completed within the fourth
quarter.
With the aim of raising the capacity of State justice providers on EVAW, discussions were
held between the Law and Order Trust Fund of Afghanistan (LOTFA) and JHRA to arrange
future training sessions for Herat, Mazar and Kabul for prosecutors, FRUs and Central
Investigation Departments (CID) of police. Workshops will focus on increasing coordination
between police and prosecutors, investigation skills, the new CPC, investigations, and the
EVAW Law in order to build the skills of the State justice institution personnel to work on
EVAW cases. Joint training sessions with the UNODC were also undertaken in Herat for
prosecutors, police, Huquq officials and judges from Ghor, Badghis and Herat. The training
sessions together were designed to enhance the capacity of State justice officials to carry out
their responsibilities in a professional and efficient way as they address gender-based
violence (GBV). Further training sessions are planned for Q4 for Herat, Mazar and Helmand.
Workshops for prosecutors are planned in Mazar and Herat on drafting indictments and will
provide training on how to undertake settlements when negotiating with family members to
address GBV cases. Ghor, Badghis and Helmand prosecutors will also attend these sessions.
The planned seminars on settlements for Mazar and Herat are aimed at justice sector actors
including the DoWA, the Huquq, the FRUs, CSOs, prosecutors and defense lawyers. The
training sessions are intended to focus on drafting professional settlements that do not
sacrifice women’s well-being.
This quarter, preliminary discussions on a proposed EVAW court also moved ahead.
Currently, cases of violence against women are often a low priority for the courts and they
are not decided upon in a timely manner. The proposed specialized court would help speed up
the decision making process and address the sensitive concerns specific to cases of violence
against women. To that end, an international and a national consultant held advocacy
meetings with several stakeholders.. During these meetings support was garnered for the
concept of the court and input was gathered on how it should operate. A committee made up
of JHRA, the legal advisor of MoWA and the head of the legal department of MoWA was
established. During Q4, the committee will meet in order to review the court design. After
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finalization, the concept for the court will be summited to the Supreme Court. The idea for
the establishment of the court has generated interest from both donors and national
stakeholders.
EXPENSES FOR THE YEAR
During Q3 2014, a total of USD 264,201 was spent for this output. For more details, please
see Annex 2.
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Table 2: Q3 2014 Progress for Output 2
2014 Baseline 2014 Annual
Targets Q3 2014 Planned Q3 2014 Actual Comments
2.1 Legal Aid
Grant Facility
procedures are
in place, but no
cases have yet
been processed
through the
facility
2.1 400 cases and
instances of legal
advice provided
through the Legal
Aid Grant Facility
Support the LAB to undertake meetings in the
provision of policy direction on activation and
use of LAGF.
Indigent forms, check lists, LAGF M&E and finance guidelines
were provided to the LAGF. ToR for mid-term evaluation of
LAGF were approved.
The LAGF committee finalized and approved the M&E
guidelines and finance guidelines. Based on the committee’s
decision, the approved and finalized M&E guidelines were
shared and submitted to Herat, Balkh, Nangarhar and Helmand
provinces.
The LAGF committee in Kabul held four coordination meetings
for the purpose of approving some necessary forms for
representation of cases by defense lawyers.
Training and workshops for AIBA Lawyers in
Herat, Badghis, Ghor on due process.
As part of capacity building for defense lawyers, a CPC
workshop was conducted for 50 defense lawyers (16 F and 34
M) from Herat, Ghor and Badghis provinces from 23 to 27 Aug
in the Herat AIBA regional office.
A mission to Ghor and Badghis was conducted by the Herat
AIBA regional office from 25 to 27 Aug. Two teams, including
three defense lawyers, went on this three-day mission. The
purpose of the mission was to conduct a LAGF introductory
meeting. The mission delegation met with the judiciary and
provincial governor in Badghis and deputy provincial governor
in Ghor, as well as DoWA, CPD, PC, CSOs, elders, the chief of
police and AIHRC representatives. .
Training and workshops for AIBA Lawyers in
Ghor and Badghis on due process.
Five defense lawyers and legal aid providers from Ghor and
Badghis province attended the CPC workshop in AIBA Herat
office.
Supports AIBA in registration of cases taken up
by AIBA Herat Lawyers provide (Honoraria for
legal aid cases registered with Lawyers).
Herat sub-office assigned 96 criminal, family, and juvenile cases
to defense lawyers. A total of 28 cases were finalized.
Support AIBA in registration of cases taken up Within the reporting period, Balkh sub-office distributed 58
20 | P a g e
2014 Baseline 2014 Annual
Targets Q3 2014 Planned Q3 2014 Actual Comments
by AIBA Nangarhar, Balkh, Helmand Lawyers
(provide Honoraria for legal aid cases registered
with Lawyers).
criminal and family cases to AIBA defense lawyers for
representation. 14 cases out of 58 were finalized as of 30 Sept.
Nangarhar distributed 48 criminal and family cases to defense
lawyers for representation. Four cases were finalized in
Nangarhar province as of 30 Sept.
Helmand sub-office assigned 45 criminal and family cases to
defense lawyers for representation. 18 cases were finalized in
Helmand province as of 30 Sept.
Establishment of Helmand AIBA office. The AIBA human resources department recruited an office
manager, office assistant, two security guards and one cleaner
for the Helmand sub-office.
AIBA Helmand sub-office was opened on 5 Aug in Helmand
province and its official inauguration ceremony took place on 20
Aug.
The LAGF introductory meeting and establishment of the
Helmand AIBA regional office took place on 20 Aug.
Support AIBA lawyers and legal aid providers
in taking up and processing cases financed by
the Legal Aid Grant Facility, including cases
from Huquq and the labor commission, DoWA,
DoJ, EVAW units, Health Centres, Legal Help
centers, 119, Women's network, Shelters,
detention centers, prison and Ministry of
Labour. (Capacity Development trainings &
orientation meetings for Legal Aid Lawyers to
be undertaken).
The LAGF has assigned 247 criminal and family cases to
defense lawyers for representation, of which 64 criminal and
family cases were finalized.
A five-day CPC workshop was conducted for 13 defense
lawyers and legal aid providers (13 M) from 14-18 Sept in
Helmand province.
A five-day CPC workshop was conducted for 60 defense
lawyers and legal aid providers (33 F and 27 M) in Balkh office
from 21-25 Sept.
A five-day CPC workshop for 40 defense lawyers and legal aid
providers (13 F and 27 M) was conducted from 21-25 Sept in
Nangarhar office.
The LAGF project manager visited the Nangarhar office on 7
July to provide information about LAGF to 45 (20 F and 25 M)
defense lawyers.
21 | P a g e
2014 Baseline 2014 Annual
Targets Q3 2014 Planned Q3 2014 Actual Comments
A radio spot awareness message was recorded and broadcast on
local radio stations in Helmand, Balkh, Nangarhar and Herat.
Facilitate establishment or enhancement of
Legal Clinic at Herat University through Legal
Aid Grant Facility and Trainings.
AIBA Herat office conducted meetings with the law and sharia
faculties of Herat University to design the training programme
for the students.
The first round of 15-day training sessions for 30 (11 F, 19 M)
students of the law and sharia faculties of Herat University
started on 20 Sept.
Facilitate establishment or enhancement of
Legal Clinic at Helmand University through
Legal Aid Grant Facility and Trainings.
Helmand public university does not have a law and sharia
faculty. Therefore, the LAGF committee decided that a legal
clinic should be established inside the Helmand sub-office with
the involvement of three private universities, Sharia and law
faculties. Preparations for the establishment of the legal clinic
were undertaken.
Facilitate communication flow from AIBA-
MoJ-LAB on issues on policy and law-making
processes.
An international consultant is being hired to undertake a mid-
term review of the LAGF in Q4.
2.2 No
mechanism
s available
that link
State and
traditional
justice
systems are
in place.
2.2 Mechanisms for
coordination of
cases between
State and non-
State justice
providers at
district levels
established in 10
districts.
Identify provincial and district level
consultation platforms, such as Police-e-
Mardumi, District Development Assembly
(DDA), CPANS that could serve as platforms to
coordinate with State and non-State Justice
providers on community justice and security
matters.
Data collection occurred in five districts of Nangarhar province
(Surkhrod, Behsud, Kama, Kuz Kunar and Ghani Khail). Data
was collected from the court, prosecutor’s office, Huquq, police,
shuras and some residents in the district. Two coordination
meetings were conducted in Nangarhar province.
Facilitate mechanism to ensure coordination and
enhanced flow of cases from State to non-State
justice institutions and increased information
flow between the justice and security sectors in
Herat.
District-level data collection for the five districts of Herat
province (Injil, Gozara, Ghoryan, Zanda Jan and Karukh)
occurred. Collection for two districts (Zanda Jan and Karukh) is
finished; three districts are under process.
Undertake 5 coordination meetings and 5
trainings with State and non-State actors at
A coordination meeting was conducted on 24 Sept with 93
participants (65 M 5 F) from the districts of Nawa, Nahrisarage
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2014 Baseline 2014 Annual
Targets Q3 2014 Planned Q3 2014 Actual Comments
district level in Helmand & Herat province to
identify local level disputes and provide
necessary referral services (trainings and
workshops).
and Nadali), and 28 from the provincial level (Lashkar Gah)
including the provincial deputy governor, chief judge, chief
prosecutor, representatives of the DoJ, legal aid, AIBA, civil
society members, representatives of the chief of police, DoWA,
CID, NDS prosecution representatives, provincial council
members, representatives of UNDP-Afghanistan Sub-national
Governance Project (ASGP) and UNDP/JHRA and some
community elders.
2.3 One NLTC
chapter exists in
Kabul
University.
2.3.1 One report on
existing curricula
for judges,
prosecutors and
Huquq officials
mapped.
2.3.2 One MoU on
NLTC signed and
one NLTC in
Herat established.
Support the establishment of NLTC chapter in
Herat Law Faculty. Under take assessment of
training modules and develop MoU.
The legal consultant has prepared a draft charter for
establishment of the NLTC chapter, an MoU and a curriculum
for training modules; state justice actors have provided feedback.
Undertake trainings for FRU and Prosecutors. Discussions were held between Law and Order Trust Fund of
Afghanistan (LOTFA) and JHRA and to make arrangements for
future training sessions for Herat and Balkh; the workshops are
to be held in Q4.
Undertake joint trainings for prosecutors and
police with European Police Mission in
Afghanistan (EUPOL) for Herat, Ghor, Badghis
See above.
Undertake joint training for prosecutors, police
and Huquq, judges by UNODC in Herat, Ghor,
Badghis
Joint training sessions were conducted in August in Herat;
workshops will be held in Helmand, Mazar and Helmand in Q4.
Facilitate Afghan-delivered training for State
and non-State justice providers on legal topics
(ex. Human Rights, Fair Trial Standards,
Police/Prosecutor/Judicial Corporation, Family
Law, Land Law, Criminal Law and Procedure)
in Helmand Province.
Preparations have been made for training to take place in Q4.
Implement capacity development plan for to
support the EVAW units & advocacy for Herat
special court.
A number of advocacy sessions were held to discuss a
specialized EVAW court including a meeting with the EVAW
Commission of MoWA.
A specialized EVAW presentation was held at the EU, a donor
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2014 Baseline 2014 Annual
Targets Q3 2014 Planned Q3 2014 Actual Comments
agency supporting development initiatives including the
empowerment of women.
Around 50 meetings were held both as an advocacy tool for the
establishment of the EVAW court and to design the capacity
building workshop/seminars planned for October and November.
Indictment workshops on the writing of robust indictments are
planned for the EVAW units in October and November to
improve the work the units are doing.
Settlement seminars are planned for the months of October and
November to improve the process of establishing settlements so
that settlements are carried out professionally, taking into
consideration of victims’ needs and well-being.
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OUTPUT 3: Public participation processes and knowledge base for
improving access to justice and human rights compliance successfully
established.
Output 3 focuses on strengthening the ability of Afghan citizens to understand, engage with
and influence the State justice system through the promotion of legal literacy, civic
education, and policy development, largely through and for civil society. This output supports
Components 1 and 3 of NPP 5, which focus on “improving the legislative process” and
“increasing meaningful access to justice” respectively, and will work primarily with the MoJ
PLAU, AIHRC, CSOs, media and think tanks. The key purpose of this component is to build
outreach to citizens using various channels such as workshops, literature and media to inform
them about their legal rights and build mechanisms for their protection.
3.1 Facilitate national discussions and policy dialogues on socio-economic rights and
community dispute resolution mechanisms.
Indicator 3.1.1: Number of policy documents on business and labour rights adopted by
Technical Coordination Committees for municipal coordination.
The annual target for this Activity Result is “Policy Paper adopted by Technical Coordination
Committee” (TCC). In Q3 three provincial TCC meetings were held to discuss the draft
discussion paper on the national policy for street vendors, and a national conference is
planned for early Q4 to finalize the draft. This Activity Result is therefore on target.
During Q3, JHRA provided technical support for the organization of three TCC meetings and
working groups on the draft national Legal Empowerment of the Poor (LEP) policy paper.
Participants provided technical and advisory support to line ministries, Kabul Municipality
and GDMA (General Directorate of Municipal Affairs), which resulted in further formulation
of the policy paper. The meetings also provided an opportunity for dialogue between street
vendors and local government and helped prepare for the forthcoming national LEP
conference in Kabul. The national workshop was delayed due to the security situation
surrounding the elections; however the meeting is expected to be conducted in Q4 in
partnership with the Afghan Sub-national Governance Program (ASGP) and GDMA mayors
from over 10 provinces.
While an exposure visit supported by JHRA was planned for key stakeholders (including
municipalities, the MoJ, the MoLSAMD and MPs), the trip was delayed due to the
postponement of the national LEP conference in Kabul. This visit, to a location as yet to be
decided, is now scheduled to take place in early December or could even be pushed back to
the early part of first quarter of 2015. The trip will expose key decision makers to
international best practices abroad on policy and legal frameworks for street vendors, and will
assist them in implementing the recommendations of the national LEP workshop.
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Indicator 3.1.2: Availability of research-based advocacy report.
The annual target for this Activity Result is “One research-based advocacy report on
alternative dispute resolution mechanisms focusing on civil cases is finalized.” In Q3, the
draft of this report was submitted to JHRA and the MoJ, and is currently under review. It is
expected to be finalized in Q4. This Activity Result is therefore on target.
The international consultant retained earlier this year completed and submitted the report on
alternative dispute resolution mechanisms to JHRA and the MoJ. Research for the report
involved approximately 700 respondents, including judges, prosecutors, traditional justice
and civil society actors, religious leaders, and legal aid service providers. In June, JHRA
formulated a summary report on this field data based on consultations with key formal and
informal justice providers and stakeholders. This summary provides preliminary
recommendations to the formal justice system, particularly the MoJ, on the production of a
legal and policy framework to enhance synergies between the two justice systems.
JHRA’s work on traditional dispute resolution has also resulted in the inclusion of the draft
Jirga Law in the 1393 Legislative Calendar. Recommendations stemming from the report on
alternative dispute resolution are expected to be used to guide the Taqnin and the formal
justice system in the formulation of a legislation or policy on coordination mechanisms for
State and traditional justice institutions. The summary report will therefore be further refined
to provide the MoJ with a specific legal analysis of the 2010 draft Jirga Law, to be used in
this process. At present the draft report has been widely circulated amongst the UN agencies,
research organisations and donor community. The Dari version of the draft is under
preparation to be shared with the MoJ. In the meantime, the MoJ has taken certain pro-active
measures to undertake coordination with institutions that are undertaking similar work under
this thematic area. JHRA has also been in discussions on the research with the Hamida
Barmaki Organisation for Rule of Law.
3.2 Increase advocacy and monitoring capacity of CSOs, media, think-tanks and the
AIHRC
Indicator 3.2: AIHRC Strategic Plan 2014-2019 developed.
The annual target for this Activity Result is “AIHRC Strategic Plan 2014-2019 finalized”.
JHRA supported a national expert and provided technical input and support to the AIHRC to
enhance the development of its strategic plan. The final draft was accepted by AIHRC
commissioners, and the Strategic Plan and Action Plan and the Dari and Pashto translations
of the document are currently being edited. This Activity Result is therefore on target.
During the earlier part of the year, a JHRA-funded consultant provided technical and
advisory support to the AIHRC management for the development of its 2014-2018 Strategic
Plan. In Q3, the strategic plan was finalized. The plan outlines the main goals of the
institution and a timeline for its activities for the next five years. Currently, AIHRC is editing
the Dari and Pashto translations of the document. The JHRA consultant is also providing a
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two-day orientation training for AIHRC regional staff on the strategic plan and how to
conduct investigations.
In order to facilitate AIHRC partnerships with other National Human Rights Institutes
(NHRIs) in the Asia-Pacific region and promote knowledge transfer on human rights
education, during Q3 JHRA staff undertook preparations for an exposure visit for three
members of the AIHRC to the Philippines. The exposure visit is planned for early November
and will take place over 10 days. AIHRC staff will visit Manila and Cotabato, located in the
Mindanao region of the Philippines, to discuss and share knowledge on reporting and
investigation of human rights issues as well as communication and information management
between regional, provincial and national offices.
With the goal of increasing the media’s capacity to report on human rights and justice issues
in mind, JHRA, in close cooperation with the AIHRC, the MoJ, the MoIC and NAI Media
Institute, a media support organization, organized a three-day training program for 44
community radio stations. Reporters and chief executive officers from community radio
stations across the country attended the training, which focused on enhancing the knowledge
and capacity of community radio stations to mainstream justice and human rights issues in
their programming.
3.3 Strengthen the public’s awareness of human rights and the role of the justice system
through the MoJ Legal Awareness Unit and media institutions.
Indicator 3.3: Number of products produced that inform the communication strategy for MoJ
PLAU.
The annual target for this Activity Result is “Communication Strategy developed and
implemented by PLAU.” The draft Communication Strategy and Action Plan was developed
in coordination with PLAU in and a final version was endorsed by the MoJ in Q3. The
document is expected to be published by the end of October. This Activity Result is therefore
on target.
The final draft of the Communication Strategy developed in coordination with the PLAU was
adopted by the MoJ this quarter. This communication strategy provides PLAU with
guidelines on how to engage with State and non-State actors involved in the production of
legal outreach materials, including line ministries, the media and CSOs, with a focus on
religious leaders and women’s groups, AIBA and the international donor community. The
implementation of this product will support the operationalization of the MoJ Legal
Awareness Strategy produced in 2011 and expand on the public legal awareness in general.
The contracting companies engaged to develop the communication strategy are now working
with PLAU to carry out the implementation phase. The aim of this phase is to train provincial
DoJ staff and regional PLAU staff in implementing the communication strategy, developing
required knowledge products and engaging with community radio stations in disseminating
necessary messages. Meanwhile, JHRA has provided financial and technical support for the
printing of several legal awareness knowledge products including three booklets and three
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brochures on the rights of the accused and suspects, citizens’ rights, and traditions that are
against Islamic principles. Notebooks with legal messages on the Constitution, EVAW,
property rights and legal aid are in the process of being printed and are expected to be
delivered by the end of October.
EXPENSES FOR THE YEAR
During Q3 2014, a total of USD 285,197 was spent for this output. For more details, please
see Annex 2.
28 | P a g e
Table 3: Q3 2014 Progress for Output 3
2014 Baseline 2014 Annual Targets Q3 2014 Planned Q3 2014 Actual Comments
3.1.1 Technical
Coordination
Committee
established in
Kabul. No
policy on street
vendor rights.
3.1.2 No national
policy or
legislation on
State/non-State
cooperation in
the justice
sector.
3.1.1 Policy paper
adopted by
Technical
Coordination
Committee.
3.1.2 One research
based advocacy
report on
alternative dispute
resolution
mechanisms
focusing on civil
cases finalised.
Assess boundaries within which
traditional dispute resolution mechanisms
can be utilized for civil matters.
An international consultant was hired who completed
the assessment. The final report and policy analysis
is currently under the review of JHRA and MOJ.
Support Huquq Department in translating
and disseminating the assessment report
To be done in Q4 after acceptance of final report.
Channel experiences and lessons learned
on dispute resolution mechanisms from
the Helmand Community-based dispute
resolution workshops and DCC/JSC
model into national level policy
discussions.
Provide technical and advisory support to
relevant stakeholders (Municipalities,
representatives of line ministries, street
vendors associations) in the
strengthening of the national legal
framework and formulation of policies to
improve socio-economic conditions of
street vendors.
Three TCC meetings and working groups were
conducted on the draft national LEP policy paper in
Jalalabad, Mazar and Kabul where technical and
advisory support was provided to relevant
stakeholders.
Ensure regular assistance for the
organizations of regular Technical
Committees meetings for street vendors,
anchored to the Municipalities of Kabul
and Herat.
During the reporting period, three TCC meetings
were organized in Mazar, Jalalabad and Kabul.
Support organization of a workshop in
Kabul with relevant Mayors representing
at least 5 provinces with ASGP support.
The TCC meetings held in Kabul and provinces
helped prepare for the forthcoming national LEP
workshop in Kabul. The workshop is expected to be
conducted in late November.
Support organization of exposure visit of
key national stakeholders (Municipality,
An exposure visit is scheduled to take place in early
December. The visit was delayed as it was supposed
29 | P a g e
2014 Baseline 2014 Annual Targets Q3 2014 Planned Q3 2014 Actual Comments
MoJ, MoLSAMD, MPs) abroad to share
best practices on policies and legal
framework for informal economy actors
(street vendors)
to take place after the national LEP conference in
Kabul.
Strengthen partnerships and consultation
mechanisms between community police
and street vendors groups/associations
The TCCs have been helped in further developing
consultations mechanisms between community
senior police authorities and street vendors.
Undertake survey for generating further
statistical data on street vendors in Kabul.
Survey conducted in September in partnership with
the Faculty of Sharia of Kabul Municipality.
3.2 Capacity
Assessment
conducted in
2011, Action
Plan finalized in
2013. No
strategy in place.
3.2 AIHRC Strategic
Plan 2014-2019
finalised.
Facilitate AIHRC partnerships with other
NHRIs in the Asia-Pacific region, such as
Philippines, on knowledge transfer on
human rights education.
A concept note and other required coordination with
the Commission on Human Rights for the
Philippines has been undertaken; the actual exposure
visit is planned for early November.
Provide technical and advisory support
for the formulation of the AIHRC
Strategic Plan.
The four-year Strategic and Action Plan for AIHRC
has been completed along with translations into Dari
and Pashto. Currently AIHRC is doing some editing
of the translations. Upon completion the editing will
be submitted to JHRA printing.
Assist HRSU for production of HR
training materials.
The materials have been completed and a printing
company has been contracted to be printed. The
delivery is expected to take place by end of October.
Conduct a capacity needs assessment of
targeted community radio stations in
Kabul and Herat.
Based on the recommendations of Media Service
Providers Assessment, training was planned for
Community Radio Stations.
Formulate and implement targeted
training programmes to selected CSOs,
including community radio stations, as
well as line Ministries, including the
Ministry of Education, on human rights
awareness and social accountability
issues.
Between 21 and 23 Sept, UNDP/JHRA in close
cooperation with AIHRC, MoJ, Ministry of
Information and Culture (MoIC) and NAI, a media
support organization, delivered a three-day training
programme on human rights and justice issues. This
training targeted 44 Community Radio Stations.
Staff from the PLAU also attended the training. The
30 | P a g e
2014 Baseline 2014 Annual Targets Q3 2014 Planned Q3 2014 Actual Comments
total number of participants was 55 (51 male, 4
female).
Engage CSOs and AIHRC in assessing
human rights compliance with traditional
justice resolution mechanisms.
Planning is currently underway for a training
workshop for CSOs to be conducted in November.
Support AIHRC in developing training
tools and strengthening staff knowledge
on business rights related issue.
The idea of developing business rights training tools
is currently under review of AIHRC senior
management.
3.3 National Public
Legal
Awareness
Institutional
Strategy
launched in
2011. No
communications
strategy in place.
3.3 Communications
strategy for MOJ
developed and
implemented by
MoJ PLAU.
Translate and disseminate
Communication Strategy report.
The endorsed MoJ Communication Strategy is
expected to be published by end of October.
Initiate media campaign for public legal
awareness activities. Legal issues for
mobile media development identified;
develop mechanisms for dissemination;
production of media materials on legal
issues.
Contracting companies are currently training
provincial DoJ staff and regional PLAU staff in
implementing the communication strategy,
developing required knowledge products and
engaging with community radio stations in
disseminating necessary messages.
PLAU media monitoring and capacity
development interventions
Media monitoring was done by contracting
companies and the results were used to develop the
communication strategy.
Facilitate partnerships between PLAU
and media companies to raise public
legal awareness.
Contracting companies are currently training PLAU
staff, teaching them how to engage with media and
produce knowledge products
Provide technical and advisory support to
PLAU management in the formulation of
the 2014 Action Plan.
This task was completed in early 2014.
Technical and advisory support for
institutionalization and regular meetings
of Public Legal Awareness Coordination
Committee linking line Ministries,
AIHRC and targeted CSOs.
The PLAU draft regulation, which allows PLAU to
coordinate with line ministries, has been pending
with MoJ Civil Law unit of the Taqnin since early
2013. Recently, MoJ plans to revisit and expedite
this matter, as it is key for the growth and
development of PLAU.
31 | P a g e
2014 Baseline 2014 Annual Targets Q3 2014 Planned Q3 2014 Actual Comments
Support printing of relevant PLAU
outreach materials.
Three booklets and three brochures are in the process
of being printed. Notebooks have also been produced
and are expected to be delivered by the end of
October.
Technical and advisory support to PLAU
in developing and disseminating relevant
outreach products on economic, social
and cultural rights with focus on legal
empowerment of citizens.
Postponed to 2015 due to the request of PLAU.
Design and implement a management
training program for key PLAU staff on
planning monitoring and evaluation
possible with relevant training centers in
the Asia Pacific region
Postponed by PLAU until 2015.
32 | P a g e
OUTPUT 4: Project Support Unit: Internal oversight, monitoring and
evaluation capacity in place
M&E is an embedded concept and an essential requirement of every project or program
design. More particularly, in a situation where resources are increasingly limited, M&E is of
paramount importance. JHRA emphasizes the importance of M&E in the second phase of the
project to compile lessons learned, establish best practices, increase internal and external
accountability of resources used and results obtained, and take informed decisions on the
future of the project. The evaluations, based on the data gathered from monitoring, inform
strategic decisions which, in turn, improve the relevance, effectiveness, efficiency, impact
and sustainability of the JHRA project.
4.1. Ensure project support is conducted in a timely and compliant manner.
Indicator 4.1.a: Approved project budget in Atlas.
The annual target for this activity is “project plans (Annual Work Plan, Human Resources,
Procurement, M&E) and budgets are prepared, reviewed and revised on a timely basis.” In
Q3, JHRA has begun the preparations for the revision of the Annual Work Plan (AWP) to
ensure that the project delivery is fully aligned to the availability of resources.
Indicator 4.1.b: Evaluation reports.
The annual target for this activity is “mid-term evaluation conducted.” In Q3, one
international evaluator and one national evaluator started their work at home by reviewing
documents including project document, progress reports, research studies, strategy papers and
minutes of project steering committee meetings and donor meetings. From 25 August, their
meetings with various strategic partners, government counterparts and donors were initiated.
Most of the meetings were one on one; however a few were in the form of committees, as in
the case of the MoJ and meetings with the LAGF committee. It is expected that the
preliminary findings of the mid-term evaluation will be shared in mid-September and the
draft report is expected in November 2014. The recommendations of the mid-term evaluation
will help to redesign the project for its remaining period till December 2013.
During this quarter the UNDP senior management took a decision to undertake a
management structure evaluation which would provide an overall assessment of the project’s
management structure and the relationship between the project management, including pillar
managers, and its government counterparts. The evaluation will provide recommendations on
how to more clearly define the roles within the project management structure and how to
improve the relationship between the project and its government counterparts so that the
project can engage government more substantially and effectively.
The scope of this JHRA Management Structure Evaluation covers the interventions carried
out during the time-frame from the inception of the JHRA Phase II Project, 1 January 2013,
to the present. A target group for the evaluation includes national authorities, UN personnel,
strategic partners, and individuals within these groups.
33 | P a g e
The evaluation objectives are:
1. Review the ToR of the National Project Manager, the Chief Technical Advisor, and
the Project Pillar Managers to define the roles, reporting lines, and responsibilities of
each position and to assess the need for harmonizing the ToRs with the JHRA Project
Document.
2. Assess the current relationship between the project and its government counterparts,
in particular the MoJ.
3. Provide recommendations on:
How the next 16 months of implementation can be more effective and impactful
for the project, UNDP, its government counterparts, and beneficiaries through an
improved project management structure;
How the roles within the project management structure can be more clearly
defined; and
How to improve the relationship between the project and its government
counterparts so that the project can engage government more substantially and
effectively.
It was also decided that the evaluator would coordinate closely with the mid-term evaluators
while developing the recommendations to ensure a harmonized approach to the two reports.
During Q3, five monitoring missions were undertaken by the project staff and project
management to review progress of the project. Further, on a regular basis office meetings,
coordination meetings with programme unit and other operations units of UNDP have been
undertaken.
Indicator 4.1.c: # of project steering committee meetings convened during the year.
The annual target for this activity is “two Project Board meetings held.” No Project Board
meetings were held in Q3. This activity remains on track, as the first Project Board meeting
was held in Q1.
4.2. Develop comprehensive monitoring, evaluation and reporting systems.
Indicator 4.2a: The % of AWP, HR, Procurement and M&E plan implementation
The International M&E Expert in Q3 assisted the justice institutions working on RoLIS to
develop quantitative indicators for M&E and reporting. The M&E expert and the RoLIS
consultant also initiated the joint planning process to present the RoLIS as a comprehensive
set of indicators to a joint UN results group in early September to ensure that all UN agencies
engagement process is ensured during the preparation of the national baseline.
In Q3, the project began to review the revision of the 2014 AWP to ensure that all project
activities are fully aligned to the project document and the emerging priorities.
34 | P a g e
Indicator 4.2b: Quality and timeliness of project progress reports.
JHRA’s reporting and communications officer joined the project in August. JHRA has
continued to produce regular quarterly reports to update donors and government on project
activities and achievements.
EXPENSES FOR THE QUARTER
During Q3 2014, a total of USD 179,960 was spent for this output. For more details, please
see Annex 2.
35 | P a g e
Table 4: Q3 2014 Progress for Output 4
2014 Baseline 2014 Annual Targets Q2 2014 Planned Q2 2014 Actual Comments
4.1.a 2014 project
budget not yet
approved in Atlas.
4.1.b No project
evaluations
conducted.
4.1.c 2013 Project
Steering
Committee meeting
held.
4.1.a Project Plans (AWP,
HR, Procurement,
M&E) and budgets are
prepared, reviewed and
revised on a timely
basis.
4.1.b Mid-term evaluation
conducted.
4.1.c Two Project Board
meetings held
Undertake annual review of project progress. JHRA initiated the mid-term evaluation with one
international and one national evaluator.
AWP 2014 revision process was initiated during this
quarter.
Undertake 2 reviews and analyse project
progress through regular internal
assessments, UNDP monthly team meetings,
and cluster meetings.
International and national mid-term evaluators commenced
work in August through document review and meetings
and discussions.
A management review of the project was decided by
UNDP senior management to streamline the management
of the project so that it can effectively coordinate with the
national counterparts. This is review is expected in
September.
Provide management support to the project
components. Preparation of revised AWP was initiated in Q3 to align all
project components for robust project delivery.
4.2.a 2014 AWP, HR,
Procurement and
M&E plans not yet
implemented.
4.2.b Project progress
reports delivered in
a timely and
quality fashion.
4.2.a Compliance with
UNDP rules and
regulations in carrying
out project activities
4.2.b Effective and Efficient
management and
reporting of resources
(receivables, budgets,
expense, personnel and
assets)
Project operation support. AWP package reviewed for remainder of 2014.
Regular one-stop-shop meetings undertaken with all
operations units of UNDP.
Monthly coordination meetings held with all project
components.
Weekly project disbursement & tracking undertaken.
36 | P a g e
III. GENDER-SPECIFIC RESULTS
JHRA works hard to ensure that gender priorities are not only included in all project
programming, but that they are implemented in a way that takes into account the fundamental
differences in the way women and men function within society, receive information, and are
able to transfer skills through their unique networks. Therefore, many gender considerations
have been integrated into the activities reported in other programmatic areas of this report. In
addition to integrated gender mainstreaming, often separate programming is required to
address the particular needs of women that stretch beyond JHRA’s standard activities. The
project works hard with other units within UNDP and its government counterparts to address
any new or exceptional needs for women as they arise.
In Q3, the recruitment process for a leadership trainer for MoJ women was initiated based on
the request received from them ministry to provide leadership and negotiation skills training
to the women. This training is expected to complement the computer and English classes that
the women staffs are undergoing to build the overall professional capacity of the women
employees of the MoJ.
Further during this period the MoJ requested the UNDP to provide support to the Family Law
drafting process through specific request to undertake an experiential learning mission to an
Islamic country which has recently enacted a contemporary Family Law. Based on this JHRA
has developed a data base of legal researchers in this area with the Asia Pacific Regional
Centre in Bangkok and also undertaken detailed discussions with some experts in Morocco
for support towards this study.
Further, in the RoLIS, since this is the establishment of a national baseline, care has been
taken to ensure that there are indicators and questions included in the FGD sessions that
address the concerns of violence against women and how the justice sector institutions are
combating this as a priority issue.
With the establishment and activation of the LAGF, JHRA has worked with AIBA and the
MoJ Legal Aid Department to ensure that cases involving women, particularly cases of
gender-based violence are prioritized among the cases selected for subsidy through the
facility. A total of 31 women lawyers have been trained under the LAGF, and 49 female
clients have had their cases taken up by the LAGF lawyers. Twenty-five of these cases were
related to civil matters while the rest were criminal cases.
During this quarter, EVAW court-related activities were initiated with one international and
national expert who prepared detailed curriculum for prosecutors on how prosecutors can
undertake settlements and prepare robust indictments for the women victims of violence.
Also, detailed discussions were undertaken with individual judges of the High Council of
Judges of the Supreme Court, the MoWA, Ministry of Hajj and Religious Affairs, UN
Agencies, civil society groups and the Deputy Governors of Herat and Balkh on the concept
design of the EVAW Court. Further detailed discussions were also undertaken with the
37 | P a g e
Women’s Commission of the Meshrano Jirga on the views and feedback on the requirements
while developing the EVAW Court briefing paper.
IV. PARTNERSHIPS
MoJ
Activities, including workshops and training sessions, continued with the MoJ based on the
letter of agreement, in which technical and financial support is extended by UNDP to MoJ
departments, such as the Taqnin, PPD, HRSU, and PLAU, for 2014.
AIBA
JHRA strengthened its partnership with AIBA in this quarter as the first cases were taken up
by AIBA lawyers through the LAGF. JHRA also supported the AIBA in opening of its
regional sub-office in Helmand, which will operationalize the LAGF in that province. The
opening of the office will also enable law students in Helmand to take their exams at the
provincial level.
Municipal Governments
JHRA continued its work with the municipal governments of Kabul, Herat and Mazar-e-
Sharif in Q3. TCC meetings were conducted on the legal empowerment of street vendors
which incorporated municipal officials in each of these cities. A national conference to
develop a country-wide policy on street vendors incorporating mayors from 10 provinces is
expected to be held in Q4.
AIHRC
JHRA provided financial and technical support for the development of AIHRC’s strategic
plan developed earlier this year. In Q3, the report was finalized. A JHRA consultant is also
providing an orientation for AIHRC regional staff on the strategic plan and how to conduct
investigations. In Q3, JHRA also undertook preparations for an exposure visit for AIHRC
staff to the Philippines. The visit will be conducted in Q4.
UN
In Q3, JHRA worked with several other agencies and projects of the UN leveraging synergies
between them in order to further its work. JHRA worked with the ASGP on the street
vendors’ initiative in order to coordinate meetings of the TCCs in Herat, Mazar and Kabul.
With the aim of raising the capacity of state justice providers, discussions were held between
LOTFA and JHRA to make arrangements for future training sessions for Herat, Mazar and
Kabul for prosecutors and the FRUs of police. JHRA has continued its coordination with
UNODC to provide trainings for prosecutors, defense lawyers, police officers and legal
advisors on Code of Conduct and Professional Standards for prosecutors of the AGO,
Investigation Principles, and Afghanistan National Police Code of Conduct. This
38 | P a g e
coordination capitalizes on UNODC’s existing expertise and training facility in these areas,
and extends their influence to JHRA’s direct stakeholders, increasing the uniformity of
information being provided to justice officials across the rule of law sector. With UNAMA’s
Rule of Law Unit, JHRA continued to implement the Rule of Law Indicators Study. JHRA is
also coordinating with UN Women to ensure that their NGO partners are fully aware of the
services available through the LAGF to increase the number of cases submitted involving
women detainees and those seeking refuge in shelters. HRSU is also coordinating with UN
Women to implement the specific recommendations of CEDAW.
V. ISSUES
Uncertain financial sustainability
Due to the continuing process involving the run-off presidential elections and acceptance
process, JHRA is still looking to secure certainty of funding for 2015. In Q3, the project met
with all existing and select potential donors to discuss possibilities of increasing and/or
extending funding to secure project continuity in 2015. Some partners have indicated
potential for additional funds for 2015, and these will be followed up in bilateral discussions
and draft AWP 2015 in Q4.
Security and the Elections
Due to the presidential elections, security remains an important concern for project
implementation. The extended presidential election audit process could affect the optimum
productivity of the project in terms of completion of activities. Also there has been a vacuum
in the decision making process in some of the key justice institutions leading to overall
general delays. It is expected that once the new administration is appointed, pending activities
can be sped up and new directions for 2015 may also emerge.
39 | P a g e
VI. RISKS
Security
Security remains an issue affecting the extent to which JHRA can deliver programming,
particularly in more remote areas of the country. While ongoing monitoring of the security
situation is required, JHRA has mitigated many movement restrictions by using multiple
contracting and engagement strategies to deliver programming. Through its National
Regional Coordinators, JHRA has increased the coordination and oversight the project is able
to maintain with counterparts in the regions, and NTA or external contracts provide for fewer
restrictions on movement due to UNDP security advisories. With the election audit process,
there has been heightened security threats which have led to some delays in delivery in Q3.
Government of the Islamic Republic of Afghanistan (GIRoA) support for all
components of the project
The extent to which GIRoA supports the development efforts of UNDP varies depending on
the focus area where stakeholders are involved. JHRA’s first mitigation strategy is to further
involve governmental counterparts in the PSC to promote ownership and ensure the project
meets the priorities of the Afghan Government. The project’s second mitigation strategy
consists of establishing working groups for all major activities, including the RoLIS, HRSU,
LAGF and PLA Coordination Board, to ensure greater programmatic outputs. With the
changes that continued into the third quarter at the MoJ in particular, and those anticipated
following the announcement of the presidential election results at the end of the quarter,
JHRA will need to work particularly closely with government counterparts to ensure
continuity of project activities, which are based on emerging government priorities.
VII. LESSONS LEARNED
Monitoring and coordination
Monitoring and coordination of activities is of the utmost importance, especially when
provincial level engagements are being undertaken. Coordination with justice sector
institutions and project partners needs constantly discussion and coordination to ensure steam
lining of processes and to reduce duplication of actions. A Field mission, discussion with
stakeholders, and regular desk review of projects based on established benchmarks is an
essential part of project implementation and management. A total of five field missions were
undertaken by the staff. Further, M&E also supports the project in undertaking decision
making for individual activity results and as output areas.
Coordinating with similar projects
JHRA has strengthened its coordination with other projects, agencies and institutions in order
to maximize the impact of its activities. Working across projects extends the reach of JHRA
programming throughout the Afghanistan government system, and encourages deeper
40 | P a g e
entrenchment of priorities in those of the State. JHRA has worked closely with the UNDP
ASGP on its work with municipal governments for the legal empowerment of street vendor.
This tie-in allows for continued work in the regions with municipal officials, as well as the
involvement of the Governor’s Offices and Provincial Councils in target provinces. This will
encourage expansion of this initiative throughout the provinces and regions, and broaden
support and input for a national policy increasing the legal protection for those working in the
informal sector.
JHRA is also increasing its coordination with the LOTFA both in the development of the
strategic plan for LOTFA VII and in concrete activities such as police/prosecutor training,
EVAW/FRU coordination and training, and the development of State/non-State platforms at
the community and district levels. During the second quarter, detailed plans for discussions
on preparation of standard operating procedures and training on investigations, EVAW Law
and preparation of crime scene reports were undertaken for implementation in the next
quarter.
JHRA continues to implement the RoLIS through coordination with the UNAMA Rule of
Law unit. All meetings, coordination of consultant’s action plans, and key deliverables are
worked out jointly. During this quarter the joint agencies also initiated coordination with
other UN agencies to present the list of indicators to a UN Results Group for feedback and
technical advice.
JHRA will continue to tighten its work with other projects whenever and whenever necessary
to strengthen the delivery of its programming for the men and women of Afghanistan.
Facilitating consultations and creating dialogue
Ensuring that programming remains relevant and is delivered and/or supported in a way that
best contributes to the work undertaken by the government, JHRA holds regular consultations
with government, donor, international agencies and civil society partners to discuss realized
and anticipated progress. This allows the project to re-gauge its planned support, and tailor
engagements to the actual needs as they progress and respond to the political situation in
Afghanistan. The RoLIS working group, LAGF Committee, the Technical Committee for
UNCAT are some of the groups that have been meeting on a regular basis to undertake
substantive discussions and ensure consensus building.
Regular staff, UNDP operations unit meetings
To overcome implementation challenges, regular operations meetings are conducted within
JHRA and in coordination with the UNDP Country Office teams. Weekly meetings with the
UNDP Human Resources, Procurement and Finance Units, and all operations teams at one-
stop-shop solutions meetings, have helped JHRA increase its effectiveness.
41 | P a g e
VIII. FUTURE PLANS
JHRA continues to build upon its current activities to achieve the outcomes expected from
the project. In Q4, JHRA-supported activities include:
Finalize recruitment of consultant on Family Law
Finalize recruitment of consultant on Penal Code
Finalize recruitment of leadership trainer for MoJ women
RoLIS indicators finalized
Conduct field visits to six provinces of RoLIS
Contracting company to undertake field missions for FGDs and survey
Print FAQ on RoLIS
Finalize study tour of RoLIS
Print and launch three publications of HRSU
Finalize and publish monitoring tool on UPR, CRC, ESCR, CEDAW
Hold human rights workshop for National Assembly for development of manual on
human rights and legislation for parliamentarians
Develop action plan for DHRIWA
Plan and prepare publication by DIHR for International Institute for Diplomacy
Helmand training on CPC for judges
Finalize LAGF FAQ
Mid-term evaluation of LAGF
Hold workshops in Herat and Mazar on settlements, SOPs for police and prosecutors
and training on preparation of Indictments
Engage with EVAW Commission and MoWA on EVAW court design
Preparations for symposium with students on law clinic in Herat
Finalize assessment study on EVAW report 2013 for printing
Ensure one coordination meeting with State and non-State actors in Herat
Arrange LOTFA workshop for police and prosecutors
42 | P a g e
Planning for experiential learning tour to Bangladesh on legal aid and community
based dispute resolution systems.
Hold meetings on in order to prepare of the opening of NLTC in Herat
Organize workshop on principles of development and effectiveness for human rights
and justice NGOs and CSOs
Prepare shortlist for small grants program
Launch of MoJ communication strategy
Advertise TOR for Helmand messaging on radio
Prepare Facebook messages and training for PLAU
Conduct field missions to Herat, Mazar, and Kunduz for TCC
Print brochure for street vendors’ associations
Print notebooks with PLAU
Print strategic plan for AIHRC
Finalize AIHRC study tour to Philippines and Mindanao
Advertise TOR on mapping of religious leaders in Herat for the purpose of reaching
out to them through PLAU
Advertise TOR for expert on land rights to develop policy and contribute to
legislation
Kabul LEP survey analysis report to be prepared
Translation of Ali Wardak’s on engagement of state and non-state actors report
Mission to Mazar for JHRA donors
AWP preparation for 2015
JHRA re-design process to be initiated
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IX. ANNEXES
A. ANNEX 1: FINANCIAL TABLE
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B. ANNEX 2: EXPENSES BY OUTPUT
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C. ANNEX 3: EXPENSES BY DONOR
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D. ANNEX 4: RISK LOG
# DESCRIPTION
DATE
IDENTI
FIED
TYPE IMPACT & PROBABILITY COUNTERMEASURES/MNG
T. RESPONSE OWNER
SUBMITTED
BY STATUS
1 Lack of security
ongoing
Environ-
mental
Political
Potential risk of injury or death to
project staff and contractors
Potential impact on activities –
delayed or rescheduled activities
Lack of security in provinces and
districts in which UNDP-JHRA will
carry out programming continues to
impede project implementation.
Subsequently, in addition to
implementation, the security
situation has also particular impact
on the project’s ability to monitor
activities through field assessments.
I: 2
P: 5
Comply with UNDSS
security arrangements
Contract security
services for physical
security.
Obtain security
clearances for internal
travel
Conduct conflict
assessment as part of
selection of districts
Contract external
organizations where
required
National
Project
Manager,
CTA
Staff
JHRA worked closely with UNDSS to
monitor the security situation in Kabul
and the provinces for all missions.
JHRA used ANP armed escorts for
road missions and additional security
for large events.
Security did affect programming as
Mission planning consumes large
amounts of time and coordination
between various agencies.
Workshops at the district level have
been postponed due to security
advisory. Data collection on State and
non-State cooperation in the justice
sector could not take place in Herat.
2 Extent of GIRoA
support for all
components of the
Project
ongoing Political Project will require political support
and coordination with several
GIRoA institutions
I: 4
P: 4
GIRoA counterparts
involved in the Project
Steering Committee (PSC)
to promote ownership and
ensure the project meets
GIRoA priorities
CTA,
Project
Manager
and
RoL Unit
Program
Officer
Staff Project Steering Committee (PSC)
convened in November 2013.
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# DESCRIPTION
DATE
IDENTI
FIED
TYPE IMPACT & PROBABILITY COUNTERMEASURES/MNG
T. RESPONSE OWNER
SUBMITTED
BY STATUS
3 Recruitments/
Risk of delays in
recruitment of key
project staff
ongoing Ops Delays in appointment of key staff
will delay the implementation of
technical activities,and limit project
oversight of other activities
I: 3
P: 3
Project recruitment plan
listing planned
recruitments and target
dates will be followed up
closely.
CTA,
Project
Manager/
Human
Resources
Assistant
CTA/
Human
Resources
Assistant
The Project is currently almost fully
staffed. Much of this was the result of
lengthy internal processes.
4 Sensitivity
surrounding
Gender
Mainstreaming
Q2 Political Limited gender programming
I : 3
P : 4
Project implementation is
based on national priorities
such as the NAPWA.
CTA,
National
Project
Manager,
component
managers,
key staff
staff Workshop for female staff at the MoJ
was followed up on with the
recruitment of trainers in fields where
capacity development is required
(English language, computer literacy).
Gender mainstreaming is ensured in all
activities under each component.
49 | P a g e
E. ANNEX 5: ISSUE LOG
# DESCRIPTION DATE
IDENTIFIED IMPACT/PRIORITY
COUNTERMEASURE/MNGT
RESPONSE OWNER STATUS
1 Financial Sustainability 2013 Impact = 5
Priority = 5 Increase ownership and thus efficiency
CTA &
Program Officer Unresolved
2 Coordination between LAGF
stakeholders Q 2 and Q3
Impact = 3
Priority = 4
Facilitate discussions between
stakeholders.
CTA & Access
to Justice
Coordinator
Resolved
3 Security Incidents due to the
Elections September 2013
Impact = 4
Priority = 3 Cooperation with UNDSS All JHRA staff Not resolved