Mid Term Evaluation of the Chilungamo – Access to Justice through Paralegal and Mediation Services

Report Cover Image
Evaluation Plan:
2019-2023, Malawi
Evaluation Type:
Mid Term Project
Planned End Date:
03/2020
Completion Date:
04/2020
Status:
Completed
Management Response:
Yes
Evaluation Budget(US $):
50,000

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Title Mid Term Evaluation of the Chilungamo – Access to Justice through Paralegal and Mediation Services
Atlas Project Number: 00108391
Evaluation Plan: 2019-2023, Malawi
Evaluation Type: Mid Term Project
Status: Completed
Completion Date: 04/2020
Planned End Date: 03/2020
Management Response: Yes
UNDP Signature Solution:
  • 1. Governance
Corporate Outcome and Output (UNDP Strategic Plan 2018-2021)
  • 1. Output 2.2.3 Capacities, functions and financing of rule of law and national human rights institutions and systems strengthened to expand access to justice and combat discrimination, with a focus on women and other marginalised groups
SDG Goal
  • Goal 16. Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels
SDG Target
  • 16.3 Promote the rule of law at the national and international levels and ensure equal access to justice for all
Evaluation Budget(US $): 50,000
Source of Funding: Core
Evaluation Expenditure(US $): 43,722
Joint Programme: No
Joint Evaluation: No
Evaluation Team members:
Name Title Email Nationality
Mark Aiken Mr aikenm@hotmail.com
Chris Dzimadzi Mr educconsult@ymail.com
Mark Aiken Mr aikenm@hotmail.com
Chris Dzimadzi Mr educconsult@ymail.com
GEF Evaluation: No
Key Stakeholders: Ministry of Justice and Constitutional Affairs, the Paralegal Advisory Service Institute, Judiciary, Malawi Police Service, Malawi Prison Service.
Countries: MALAWI
Lessons
Findings
Recommendations
1

UNDP (with other donors) should support advocacy based on Paralegal Advisory Services Institute’s (PASI) experiences to help redress systemic justice issues. UNDP can play a convening role in bringing together interested stakeholders, particularly other NGOs which may be less willing to cooperate with PASI.

2

UNDP should make greater use of its own rosters of technical experts to guide and provide quality assurance on specific access to justice activities, such as those listed above. UNDP’s subject matter experts could also support PASI’s research initiatives and integrate global best practices. UNDP could also help facilitate specialized expertise from UNODC, UNICEF and UN Women as relevant.

3

Review the logic model discussed at various places in the project document and articulate a clear project theory of change, including linkages between each stage and linkages to relevant UNDAF indicators.

4

UNDP and PASI should agree on a revised approach to reporting, expenditure verification and disbursement. Potentially PASI could continue to provide narrative reports on a quarterly basis but provide expenditure reports and funding requests as disbursement targets are met – for example, PASI makes a request for the next tranche of funding to be released as it reaches 70% or 80% utilization.  Longer funding cycles could also be considered – e.g. disbursement of six-month tranches rather than three months.

5

UNICEF is the lead UN agency on child justice, and these issues should be directed to UNICEF for appropriate technical assistance. While noting the lack of juvenile safe homes, we understand that UNICEF generally prefers to divert and reintegrate child offenders, rather than detain them in safe homes where they may be at further risk. PASI, UNDP and UNICEF could collaborate on initiatives such as strengthening child diversion.

1. Recommendation:

UNDP (with other donors) should support advocacy based on Paralegal Advisory Services Institute’s (PASI) experiences to help redress systemic justice issues. UNDP can play a convening role in bringing together interested stakeholders, particularly other NGOs which may be less willing to cooperate with PASI.

Management Response: [Added: 2021/05/20]

Fully accepted. UNDP UNDP will endeavor to facilitate engagement and consultations among key stakeholders towards addressing systemic justice issues.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP to meet with Malawi Human Rights Commission, Ministry of Gender and Ministry of Health to facilitate the MOUs with PASI.
[Added: 2021/05/20]
RICE Portfolio 2021/07 Overdue-Initiated
UNDP to meet with Legal Aid Bureau and Malawi Law Society to identify strategies for collaboration in advocacy activities and Facilitate MOUs.
[Added: 2021/05/20]
Responsive Institutions and Citizen Engagement (RICE) Portfolio 2020/12 Completed Action has been done.
2. Recommendation:

UNDP should make greater use of its own rosters of technical experts to guide and provide quality assurance on specific access to justice activities, such as those listed above. UNDP’s subject matter experts could also support PASI’s research initiatives and integrate global best practices. UNDP could also help facilitate specialized expertise from UNODC, UNICEF and UN Women as relevant.

Management Response: [Added: 2021/05/20]

Fully accepted. UNDP agrees with the recommendation.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP Malawi to Engage UNDP HQ for technical expertise on various activities on access to justice.
[Added: 2021/05/20]
RICE Portfolio 2021/12 Not Initiated
3. Recommendation:

Review the logic model discussed at various places in the project document and articulate a clear project theory of change, including linkages between each stage and linkages to relevant UNDAF indicators.

Management Response: [Added: 2021/05/20]

Fully accepted. UNDP agrees with recommendation.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Develop theory of change for the project.
[Added: 2021/05/20]
M&E Unit 2021/08 Overdue-Not Initiated
4. Recommendation:

UNDP and PASI should agree on a revised approach to reporting, expenditure verification and disbursement. Potentially PASI could continue to provide narrative reports on a quarterly basis but provide expenditure reports and funding requests as disbursement targets are met – for example, PASI makes a request for the next tranche of funding to be released as it reaches 70% or 80% utilization.  Longer funding cycles could also be considered – e.g. disbursement of six-month tranches rather than three months.

Management Response: [Added: 2021/05/20] [Last Updated: 2021/05/20]

Rejected.  UNDP agrees with 80% utilization and that’s the current approach.  This is already the arrangement under HACT.  Longer Funding cycle will entail a departure with the current HACT arrangements which involves four UN agencies.  This objective would not be achieved within the timeframe of the project.

Key Actions:

5. Recommendation:

UNICEF is the lead UN agency on child justice, and these issues should be directed to UNICEF for appropriate technical assistance. While noting the lack of juvenile safe homes, we understand that UNICEF generally prefers to divert and reintegrate child offenders, rather than detain them in safe homes where they may be at further risk. PASI, UNDP and UNICEF could collaborate on initiatives such as strengthening child diversion.

Management Response: [Added: 2021/05/20]

Fully accept. UNDP agrees with the recommendation.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP/PASI to have a meeting with UNICEF to identify strategies for collaboration on initiatives related to Child Justice.
[Added: 2021/05/20]
RICE Portfolio. 2021/07 Overdue-Initiated

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