Final Evaluation of Enabling Access to Justice (A2J) Project

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Evaluation Plan:
2018-2022, Nepal
Evaluation Type:
Final Project
Planned End Date:
12/2020
Completion Date:
12/2020
Status:
Completed
Management Response:
Yes
Evaluation Budget(US $):
45,000

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Title Final Evaluation of Enabling Access to Justice (A2J) Project
Atlas Project Number: 106402
Evaluation Plan: 2018-2022, Nepal
Evaluation Type: Final Project
Status: Completed
Completion Date: 12/2020
Planned End Date: 12/2020
Management Response: Yes
Focus Area:
  • 1. Others
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
Evaluation Budget(US $): 45,000
Source of Funding: Project Budget
Evaluation Expenditure(US $): 22,270
Joint Programme: No
Joint Evaluation: No
Evaluation Team members:
Name Title Nationality
Nisar Ahmad Khan Independent consultant PAKISTAN
Rishikesh Wagle Independent consultant
Sarmila Shrestha Independent consultant
GEF Evaluation: No
Key Stakeholders: UNDP, Norway, MoLPA, OAG,Layers, Nepal Law Campus etc
Countries: NEPAL
Lessons
Findings
Recommendations
1

It is recommended to allow for a 3-6 months no-cost extension in the project timeline to duly complete the remaining interventions and fully utilize the project’s resources to achieve its targets.

2

It  is strongly recommended to speed up the process of enactment of legislation and regulations as well as the establishment and operationalization of the secretariat at the earliest, before the end of project.

3

It is recommended to finalize and launch the law repository system as soon before the end of project, to benefit the justice sector actors and general public in easy access to these resources.

4

It is recommended that the project should prepare a timely and pragmatic exit strategy, outlining issues, ways and means to smoothly phase out and handover interventions to partners, to ensure sustainability and continuity. And  the project, towards its end, should organize a stakeholder’s workshop to share the successes and lessons learnt and to deliberate the future course of action for a wider scale replication.

5

It is recommended that toward the end of project, UNDP along with partners should develop a robust resource mobilization strategy to generate further external financial resources to design and implement future projects to replicate and scale up good practices.  Organizing a donor’s conferences, involving specific donors, can be an effective tool to obtain required financial resources.

6

It is recommended to continue external technical and financial support to further improve and strengthen capacities of relevant institutions towards achieving overall aim of improving access to justice, especially for the disadvantaged and vulnerable. UNDP in consultations with stakeholders should design future such projects to scale up the good practices and lessons to the rest of the provinces.

7

It  is recommended that future projects should continue the scholarships and internships programmes to help more and more deserving students and graduates to acquire desired legal knowledge and expertise to serve the needy peoples especially from vulnerable and disadvantaged communities.

8

It  is recommended that future projects should further scale up the awareness campaigns to other provinces and districts and especially to remote regions to allow all segments of society and especially the poor and vulnerable to know about and benefit from various justice sector mechanisms, especially the JCs.

9

It is recommended that future projects should gradually and continually extend the capacity building support to JCs in other provinces and districts, to equip them with knowledge and skills to dispense justice in their respective areas.

10

It is recommended that future projects should continue support in conducting research, improving collaboration and building capacities of stakeholders for formulation, adoption and implementation of relevant laws and regulations, especially to benefit and safeguard the rights of vulnerable and disadvantaged segments of society.  There is also a need to review all laws and policies of provincial governments keeping in view GESI perspective.   

11

It  is recommended that future projects should further build on the momentum generated by the A2J project to fully streamline the business and human rights principals and approaches in the prevailing legal and justice system through reviewing existing legislations, formulating new laws and establishing specific implementation mechanisms.

12

There is a greater need for due involvement of the SC and various tiers of judiciary, in future projects to build capacities of judges and relevant judicial staff especially at the provincial and districts level to effectively deal with the access to justice issues. As an alternative to the formal involvement of the judiciary as such the desired aims may be achieved through the involvement of the National Judicial Academy as the catalyst for capacity building of judges and judicial staff.

13

It is recommended that future projects should include specific outputs and activities related to strengthening of Alternate Dispute Resolution and informal justice mechanisms through active involvement of local communities and indigenous institutions. 

14

It is also recommended that the project, towards its end, should organize a stakeholder’s workshop to share the successes and lessons learnt and to deliberate the future course of action for a wider scale replication.

15

It is recommended that future projects should continue the scholarships and internships programmes to help more and more deserving students and graduates to acquire desired legal knowledge and expertise to serve the needy peoples especially from vulnerable and disadvantaged communities.

1. Recommendation:

It is recommended to allow for a 3-6 months no-cost extension in the project timeline to duly complete the remaining interventions and fully utilize the project’s resources to achieve its targets.

Management Response: [Added: 2021/01/07]

Agreed, project has implemented the recommended points.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
1.2 Extension of the project for 6 months as per recommendation
[Added: 2021/01/07]
UNDP and MoLJPA 2020/12 Completed The project has been extended till March 2021. History
1.1 Project to implement slim-operation modality by reducing operation cost after end of March 2021
[Added: 2021/01/07] [Last Updated: 2021/03/31]
UNDP and MoLJPA 2021/03 Completed The project has already downsized the staffing since February 2021. History
2. Recommendation:

It  is strongly recommended to speed up the process of enactment of legislation and regulations as well as the establishment and operationalization of the secretariat at the earliest, before the end of project.

Management Response: [Added: 2021/01/07]

Agreed, the project has already initiated logistical support for the establishment of the secretariat. Since there is a delay in drafting the legal aid, it affects the establishment of the secretariat.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
2.2 Coordinate with MoLJPA for enactment of Legal Aid Act and Regulation
[Added: 2021/01/07] [Last Updated: 2022/07/03]
NPD, MoLJPA 2022/12 Initiated History
2.3 Finalize the Standard operating Procedure for the Legal Aid Secretariat
[Added: 2021/01/07] [Last Updated: 2022/07/03]
A2J Project, MoLJPA 2022/12 Initiated History
2.1 Refurbishment and logistic support for the Secretariat of Legal Aid Council
[Added: 2021/01/07] [Last Updated: 2021/03/30]
A2J Project 2021/03 Completed Development of SOP drafted and logistic support is being provided History
3. Recommendation:

It is recommended to finalize and launch the law repository system as soon before the end of project, to benefit the justice sector actors and general public in easy access to these resources.

Management Response: [Added: 2021/01/07]

Agreed. The law application has already been developed and placed in android version. Once the application is made compatible with iOS version, it will be formally launched by MoLJPA.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
3.1 Coordinate with the MoLJPA for the formal launching by March 2021
[Added: 2021/01/07] [Last Updated: 2022/07/03]
NPM, MoLJPA 2022/12 Initiated History
3.2 Follow up with IT Company for iOS version completion
[Added: 2021/01/07] [Last Updated: 2021/02/28]
Output Leader, MoLJPA 2021/02 Completed Follow up conducted and IOS version is being finalized by the IT company. History
4. Recommendation:

It is recommended that the project should prepare a timely and pragmatic exit strategy, outlining issues, ways and means to smoothly phase out and handover interventions to partners, to ensure sustainability and continuity. And  the project, towards its end, should organize a stakeholder’s workshop to share the successes and lessons learnt and to deliberate the future course of action for a wider scale replication.

Management Response: [Added: 2021/01/07]

Partially agreed, the Sustainability Strategy is already in place which includes key components of exit strategy.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
4.1 Conduct final project review between January 2021 – March 2021 for drawing success and lesson learnt from the project
[Added: 2021/01/07] [Last Updated: 2021/08/30]
A2J Project 2021/07 Completed Review conducted and lessons learnt analysed History
4.2 Finalize the Sustainability strategy with focus on project exit plan
[Added: 2021/01/07] [Last Updated: 2021/06/08]
Project management team 2021/05 Completed Sustainability strategy is already developed and shared. History
5. Recommendation:

It is recommended that toward the end of project, UNDP along with partners should develop a robust resource mobilization strategy to generate further external financial resources to design and implement future projects to replicate and scale up good practices.  Organizing a donor’s conferences, involving specific donors, can be an effective tool to obtain required financial resources.

Management Response: [Added: 2021/01/07]

Noted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
5.1 Develop resource mobilization strategy
[Added: 2021/01/07] [Last Updated: 2022/01/20]
UNDP 2021/12 Completed Strategy adopted and worked well in terms of mobilizing the resources History
5.2 Review and lessons learned meeting will be organized with the development partners
[Added: 2021/01/07] [Last Updated: 2022/01/20]
UNDP and MOLJPA 2021/12 Completed Meeting organized with partners History
6. Recommendation:

It is recommended to continue external technical and financial support to further improve and strengthen capacities of relevant institutions towards achieving overall aim of improving access to justice, especially for the disadvantaged and vulnerable. UNDP in consultations with stakeholders should design future such projects to scale up the good practices and lessons to the rest of the provinces.

Management Response: [Added: 2021/01/07]

Noted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
6.1 Project is continuing it’s technical and financial support to the implementing partners.
[Added: 2021/01/07] [Last Updated: 2021/07/01]
MoLJPA, UNDP 2021/06 Completed The project is currently being providing technical and financial support to the implementing partners History
6.2 Formulate new project around Rule of Law and Access to Justice.
[Added: 2021/01/07] [Last Updated: 2021/08/30]
UNDP and MoJPA 2021/07 Completed Proejct document prepared, finalized and submitted to MOLJPA History
7. Recommendation:

It  is recommended that future projects should continue the scholarships and internships programmes to help more and more deserving students and graduates to acquire desired legal knowledge and expertise to serve the needy peoples especially from vulnerable and disadvantaged communities.

Management Response: [Added: 2021/01/07]

Noted and will be adjusted in the new project.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
7.1 Conduct assessment of Affirmative Legal Education to document the lessons for formulation of new project.
[Added: 2021/01/07] [Last Updated: 2021/08/30]
A2J project 2021/08 Completed Conducted assessment on scholarship and affirmative law education package and report is in place History
7.2 Formulation of new project will take the recommendation into consideration to include Internship and Scholarship program
[Added: 2021/01/07] [Last Updated: 2021/08/30]
UNDP 2021/07 Completed Project document is prepared and tailored affirmative law education based on the lessons learned ncorporated tailored affirmative law education based on the lessons learned from the assessment mentioned under point no. 4. History
8. Recommendation:

It  is recommended that future projects should further scale up the awareness campaigns to other provinces and districts and especially to remote regions to allow all segments of society and especially the poor and vulnerable to know about and benefit from various justice sector mechanisms, especially the JCs.

Management Response: [Added: 2021/01/07]

Agreed, as recommended the project already initiated its awareness campaigns at larger scale through Civil Society Organizations and media using National Television, Youtube and Radio platforms.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
8.1 Continue support to Judicial Committee to operate the help desk for wider access to justice for poor and vulnerable
[Added: 2021/01/07] [Last Updated: 2022/01/20]
A2J project 2022/12 Initiated Will continue to strengthen these in 2022 History
8.2 The recommendation will be taken into account while formulating the new project
[Added: 2021/01/07] [Last Updated: 2021/06/08]
UNDP 2021/05 Completed Awareness building programme underway through local FM. History
9. Recommendation:

It is recommended that future projects should gradually and continually extend the capacity building support to JCs in other provinces and districts, to equip them with knowledge and skills to dispense justice in their respective areas.

Management Response: [Added: 2021/01/07]

Noted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
9.1 The recommendations will be considered while formulating the new project.
[Added: 2021/01/07] [Last Updated: 2021/06/08]
UNDP 2021/05 Completed Experts deployed in provinces History
9.2 Coordinate with law colleges and NBA to extend the law students to participate in capacity building of Judicial committees at local level.
[Added: 2021/01/07] [Last Updated: 2022/01/20]
UNDP 2021/12 Completed Has been incorporated it in the new work plan of 2022. History
10. Recommendation:

It is recommended that future projects should continue support in conducting research, improving collaboration and building capacities of stakeholders for formulation, adoption and implementation of relevant laws and regulations, especially to benefit and safeguard the rights of vulnerable and disadvantaged segments of society.  There is also a need to review all laws and policies of provincial governments keeping in view GESI perspective.   

Management Response: [Added: 2021/01/07]

Noted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
10.4 Develop standard GESI training manual and Conduct an orientation among government officials on mainstreaming GESI principle while drafting laws and policies
[Added: 2021/01/07] [Last Updated: 2022/07/03]
A2J project 2022/12 Initiated History
10.1 Conduct research and review focusing on implementation status of existing laws and Supreme Court judgement
[Added: 2021/01/07] [Last Updated: 2022/01/20]
A2J project 2021/12 Completed Draft report prepared History
10.2 Numbers of review conduct in the year of 2020
[Added: 2021/01/07] [Last Updated: 2022/01/20]
A2J project 2021/12 Completed 4 reviews conducted in 2021 History
10.3 Continue to provide technical and capacity building support for the provinces in law drafting
[Added: 2021/01/07] [Last Updated: 2022/01/20]
A2J project 2021/12 Completed Law drafting online course is in place. History
11. Recommendation:

It  is recommended that future projects should further build on the momentum generated by the A2J project to fully streamline the business and human rights principals and approaches in the prevailing legal and justice system through reviewing existing legislations, formulating new laws and establishing specific implementation mechanisms.

Management Response: [Added: 2021/01/07] [Last Updated: 2021/01/07]

Noted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
11.1 Organize Inter-ministry meeting to streamline B+HR in existing law and justice system
[Added: 2021/01/07] [Last Updated: 2022/01/20]
A2J Project 2021/12 Completed Draft action plan is in place in partnership with concerned Ministries. History
11.2 Print the report and disseminate the findings of ‘Human rights due diligence assessment of Business sectors’
[Added: 2021/01/07] [Last Updated: 2021/03/01]
A2J Project 2021/02 Completed The findings of Human rights due diligence assessment of Business sectors was printed and widely distributed. History
12. Recommendation:

There is a greater need for due involvement of the SC and various tiers of judiciary, in future projects to build capacities of judges and relevant judicial staff especially at the provincial and districts level to effectively deal with the access to justice issues. As an alternative to the formal involvement of the judiciary as such the desired aims may be achieved through the involvement of the National Judicial Academy as the catalyst for capacity building of judges and judicial staff.

Management Response: [Added: 2021/01/07]

Noted, it will certainly be taken into account while formulating the project

Key Actions:

Key Action Responsible DueDate Status Comments Documents
12.1 UNDP to explore the possibility of bringing judiciary onboard
[Added: 2021/01/07] [Last Updated: 2021/03/31]
UNDP 2021/03 Completed Judges and Judiciary official are invited in the events History
13. Recommendation:

It is recommended that future projects should include specific outputs and activities related to strengthening of Alternate Dispute Resolution and informal justice mechanisms through active involvement of local communities and indigenous institutions. 

Management Response: [Added: 2021/01/07]

Agreed  and the project contributed in conducting numbers of training to the mediators at the local government level.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
13.1 Continue support to capacity enhancement of community mediators associated with judicial committees.
[Added: 2021/01/07] [Last Updated: 2022/01/20]
A2J project 2022/12 Initiated Further training planned under 2022 work plan History
13.2 The recommendation will be considered to the extent of Alternative Dispute Resolution in formulation of the future project.
[Added: 2021/01/07] [Last Updated: 2021/06/09]
UNDP 2021/05 Completed Training conducted in Karnali and Sudurpaschim province. The component is also included in draft project document. History
14. Recommendation:

It is also recommended that the project, towards its end, should organize a stakeholder’s workshop to share the successes and lessons learnt and to deliberate the future course of action for a wider scale replication.

Management Response: [Added: 2021/01/07]

Well noted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
14.1 Conduct stakeholder workshops to share the lessons learnt
[Added: 2021/01/07] [Last Updated: 2021/06/09]
A2J project 2021/05 Completed Conduct stakeholder workshops to share the lessons learnt. History
15. Recommendation:

It is recommended that future projects should continue the scholarships and internships programmes to help more and more deserving students and graduates to acquire desired legal knowledge and expertise to serve the needy peoples especially from vulnerable and disadvantaged communities.

Management Response: [Added: 2021/01/07] [Last Updated: 2021/01/07]

Well noted. This will be considered while designing the future project.

Key Actions:

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