Support to Capacity Building in the Justice Sector

Report Cover Image
Evaluation Plan:
2007-2011, Eritrea
Evaluation Type:
Project
Planned End Date:
09/2007
Completion Date:
08/2007
Status:
Completed
Management Response:
Yes
Evaluation Budget(US $):
2,020
V. Lessons Learned: There are many lessons learned from the implementation of the Project. This report will mention some of the major lessons learned as understood from the desk review and the meeting with the relevant stakeholders. The first lesson learned was that the project design has to be a little more precise and realistic. Because the original project document had far too many activities planned for a very short period of time, a wrong impression relating to a number of unimplemented activities can easily be perpetuated. As stated in the outset of this report, the project has been very successful in achieving its key results despite shortcoming in the design. More attention also has to be paid to the overall duration of the project. Two years was too short of period for accomplishing all of the proposed activities. The second lesson learned relates to the need to look into justice as a sector with MOJ assuming leadership position within it. There are various needs within the sector and a single project is nor likely to meet the majority of these needs. UNDP support has thus far provided a much needed support to assist MOJ with some of the pressing needs. However, UNDP is better situated to further assist MOJ in two vital areas: (1) continue to strengthen MOJ's capacity to carry out a sector-wide needs-assessment to be widely discussed and converted into a national justice action plan; and (2) garner more donor support for the justice sector and further strengthen areas in which joint collaboration (between UNDP and MOJ) has produced significant results in relation to legislative and legal reform. The third lesson learned relates to the realization that much of delay in implementing some of the activities can be attributed in part to the acute shortage of appropriate expertise that combines: advanced legal knowledge, adequate contextual understanding and appropriate legal skills. UNDP has the capacity to provide more assistance to MOJ in ident

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Title Support to Capacity Building in the Justice Sector
Atlas Project Number:
Evaluation Plan: 2007-2011, Eritrea
Evaluation Type: Project
Status: Completed
Completion Date: 08/2007
Planned End Date: 09/2007
Management Response: Yes
Focus Area:
  • 1. Democratic Governance
Corporate Outcome and Output (UNDP Strategic Plan 2014-2017)
Evaluation Budget(US $): 2,020
Source of Funding:
Joint Programme: No
Joint Evaluation: No
Evaluation Team members:
Name Title Email Nationality
Elobaid Ahmed Elobaid , Senai Wolde-Ab Andemariam Team Leader
GEF Evaluation: No
Key Stakeholders:
Countries: ERITREA
Comments: This is Terminal Evaluation
Lessons
Findings
Recommendations
1 Issues. 1.It is very difficult and perhaps too early to assess the contributions made by the Project towards improving access of women to justice and other gender related justice concerns. 2. While UNDP support targeted specific areas, there is an evident need for further sector wide support. There are for the time being no other donors providing support for the justice sector. 3. The evaluating team appreciates the fact that it was difficult to design such a project given the nature of the justice sector as outlined in the preceding context. It was therefore inevitable that while too many activities would be planned for a shorter duration. 3. While many activities were implemented, much work needs to be done in relation to communication of some of the recent achievements within the justice sector. Communication of the achievements of the community courts and the results of the customary law research is critical as it contributes to the improvement of the justice system's credibility, i.e. justice to be seen in addition to be done. 4. The fact that the Codes are yet to be promulgated and/or disseminated has increased the risk of not achieving the original impact intended behind much of the efforts that went into their original drafting. There is much to be gained in putting the codes into action rather than waiting for the ideal drafts, e.g. learning by practice and the possibility of future adjustments. It will be proposed at the end of the report that the codes be printed and distributed in their draft format and in the three languages pending their promulgation 5. No activities were carried out in regard to civic education. Much of the proposed civic education was contingent on the formal adoption and promulgation of the five codes. Furthermore, much of the energy within the Ministry of Justice went into the preparation and delivery of badly needed basic training for its staff. As indicated by most of those who have been met by the evaluation mission indicated the continuous need for basic legal training for the existing staff of MOJ. 6. At the time of the evaluation, the pilot case flow system has been completed but not yet entered into effective operation. The project date for full operation is the beginning of May 2007. An unexpected success aspect for the pilot system has been due to the use of graduating law students in data entry and the testing of the system. New MOJ recruits are assigned clerical and registrar tasks at the beginning of their training. By having the chance to hone these tasks early in their career, these graduates will perform their future judicial tasks and assignment is a fully automated manner. One of the recommendations of this evaluation is that the same activity be extended to the remaining six regional courts. Depending on the amount of funds that will be made available through UNDP and other sources, the automation of the six courts can be completed within 24 months period of time. 7. The first lesson learned was that the project design has to be a little more precise and realistic. Because the original project document had far too many activities planned for a very short period of time, a wrong impression relating to a number of unimplemented activities can easily be perpetuated. 8.There are various needs within the sector and a single project is nor likely to meet the majority of these needs. 9. The third lesson learned relates to the realization that much of delay in implementing some of the activities can be attributed in part to the acute shortage of appropriate expertise that combines: advanced legal knowledge, adequate contextual understanding and appropriate legal skills. 10.There is a need to gather information and statistics relating to the gender concerns that are to be addressed as part of the project activities. Systematic gathering of data and related analysis must start simultaneously with the first stages of the project implementation. 11. There is a need to agree to a more simplified, more frequent and regular reporting during the implementation of the project, e.g. every six months, annual and final. Reports can serve two purposes: communication of results and also used as basis for regular discussions and updates between the project team and UNDP (mainly the Program Officer/Analyst). 12. To maintain a stronger and regular dialogue between the leaderships of both MOJ and UNDP to constantly between UNDP and MOJ would also facilitate the communication of key results and achievements in a timely manner. Another aspect that would benefit from such continuous dialogue relates to the provision of timely support in emerging MOJ needs, e.g. mapping out of the justice sector and the preparation of a comprehensive strategic plan for MOJ and other actors in the justice sector. Given the nature of the partnership between UNDP and the GOE and the fact that UNDP's approach differs drastically from bilateral donors, UNDP can be a conduit for more donor funding for the justice sector. 13.Improving the state of legal knowledge in Eritrea; This proposed activity will serve two purposes: completing the work started during the first two phases and contribute to dissemination of legal knowledge . 14.Development of a permanent training facility at the central level to be fully equipped both materially and substantively. 15.Continue to support Community courts: consolidate the achievement of the Community courts through further strengthening their capacity (e.g. additional training, etc.) and their contribution to justice (e.g. documenting and communicating the results of their work. 16.Automate the regional courts: Depending on the availability of resources and priorities set by MOJ, it should be easier to automate all remaining 6 courts. According to the IT team responsible for the implementation of the Pilot Case Flow Management System, it would take up to 24 months to automate all 6 courts, including the first month during which the system will enter into regular use. 17. Enhance MOJ's capacity to assist with the national process for the implementation of the ratified international treaties especially in areas relating to legal and judicial reform, e.g. CEDAW. Response 1. The CO has developed Gender Mainstreaming Action Plan to collect baseline gender data in key areas of intervention, to initiate gender analysis to identifying opportunities to reduce gender inequalities must be been carried out in Practice Areas, to have Thematic Areas annual work plans should have explicitly defined GM outputs which link up to the UNDAF outcomes. 2. Though potential donors are reluctant to fund development projects, UNDP will broker more donor support while maintaining the same partnership dynamics and national implementation modality 3. The project is not designed on the assumption that there other donor partners supporting the 4. Given the excellent nature of the partnership created between UNDP and MOJ, UNDP will push for the promulgation of the drafted codes. 5. UNDP and MoJ has agreed to continue the cooperation an to come up with a new program that included Civic education programs. 6. Depending on the availability of resources assistance will be provide to the MoJ to replicated the case flow management system implemented in the HIGH Court of Central Region in the remaining six regional courts. 7. The first lesson learned was that the project design has to be a little more precise and realistic. Because the original project document had far too many activities planned for a very short period of time, a wrong impression relating to a number of unimplemented activities can easily be perpetuated. 8. UNDP will continue to further assist MOJ in strengthening the institutional and human capacity of the MOJ's. 9. UNDP is supporting the MoJ in identifying and recruiting an appropriate expertise and will continue to do so. 10 Please refer to item number 1. 11 There was frequent and regular reporting during the implementation of the project. 12 UNDP will continue dialogue with the MoJ to provide timely support in emerging MOJ needs. 13. Cooperation will continue with the MoJ to complete the work started during the first two phases and contribute to dissemination of legal knowledge and hence contribute to access to justice through implementation of the following activities: a. Finish changes, translation and publish the codes; b. Edit, translate and publish customary law study; c. Publish 3 consolidation volumes and collect colonial era laws d. Strengthen the capacity of Megerka Training Center to provide the types of legal training required by the sector e. Develop and publish civic education brochures and awareness materials based on new codes and existing international treaty obligations. 14.UNDP will provide assistance in strengthening and developing a permanent training facility at the central level to be fully equipped both materially and substantively. 15.UNDPdoesn't have fund constrains to continue to support Community courts and the chance for resource mobilization is very low. 16. Please refer to Item No.6. 17. Assistance will continue to enhance MOJ's capacity to assist with the national process for the implementation of the ratified international treaties especially in areas relating to legal and judicial reform, e.g. CEDAW.
1. Recommendation: Issues. 1.It is very difficult and perhaps too early to assess the contributions made by the Project towards improving access of women to justice and other gender related justice concerns. 2. While UNDP support targeted specific areas, there is an evident need for further sector wide support. There are for the time being no other donors providing support for the justice sector. 3. The evaluating team appreciates the fact that it was difficult to design such a project given the nature of the justice sector as outlined in the preceding context. It was therefore inevitable that while too many activities would be planned for a shorter duration. 3. While many activities were implemented, much work needs to be done in relation to communication of some of the recent achievements within the justice sector. Communication of the achievements of the community courts and the results of the customary law research is critical as it contributes to the improvement of the justice system's credibility, i.e. justice to be seen in addition to be done. 4. The fact that the Codes are yet to be promulgated and/or disseminated has increased the risk of not achieving the original impact intended behind much of the efforts that went into their original drafting. There is much to be gained in putting the codes into action rather than waiting for the ideal drafts, e.g. learning by practice and the possibility of future adjustments. It will be proposed at the end of the report that the codes be printed and distributed in their draft format and in the three languages pending their promulgation 5. No activities were carried out in regard to civic education. Much of the proposed civic education was contingent on the formal adoption and promulgation of the five codes. Furthermore, much of the energy within the Ministry of Justice went into the preparation and delivery of badly needed basic training for its staff. As indicated by most of those who have been met by the evaluation mission indicated the continuous need for basic legal training for the existing staff of MOJ. 6. At the time of the evaluation, the pilot case flow system has been completed but not yet entered into effective operation. The project date for full operation is the beginning of May 2007. An unexpected success aspect for the pilot system has been due to the use of graduating law students in data entry and the testing of the system. New MOJ recruits are assigned clerical and registrar tasks at the beginning of their training. By having the chance to hone these tasks early in their career, these graduates will perform their future judicial tasks and assignment is a fully automated manner. One of the recommendations of this evaluation is that the same activity be extended to the remaining six regional courts. Depending on the amount of funds that will be made available through UNDP and other sources, the automation of the six courts can be completed within 24 months period of time. 7. The first lesson learned was that the project design has to be a little more precise and realistic. Because the original project document had far too many activities planned for a very short period of time, a wrong impression relating to a number of unimplemented activities can easily be perpetuated. 8.There are various needs within the sector and a single project is nor likely to meet the majority of these needs. 9. The third lesson learned relates to the realization that much of delay in implementing some of the activities can be attributed in part to the acute shortage of appropriate expertise that combines: advanced legal knowledge, adequate contextual understanding and appropriate legal skills. 10.There is a need to gather information and statistics relating to the gender concerns that are to be addressed as part of the project activities. Systematic gathering of data and related analysis must start simultaneously with the first stages of the project implementation. 11. There is a need to agree to a more simplified, more frequent and regular reporting during the implementation of the project, e.g. every six months, annual and final. Reports can serve two purposes: communication of results and also used as basis for regular discussions and updates between the project team and UNDP (mainly the Program Officer/Analyst). 12. To maintain a stronger and regular dialogue between the leaderships of both MOJ and UNDP to constantly between UNDP and MOJ would also facilitate the communication of key results and achievements in a timely manner. Another aspect that would benefit from such continuous dialogue relates to the provision of timely support in emerging MOJ needs, e.g. mapping out of the justice sector and the preparation of a comprehensive strategic plan for MOJ and other actors in the justice sector. Given the nature of the partnership between UNDP and the GOE and the fact that UNDP's approach differs drastically from bilateral donors, UNDP can be a conduit for more donor funding for the justice sector. 13.Improving the state of legal knowledge in Eritrea; This proposed activity will serve two purposes: completing the work started during the first two phases and contribute to dissemination of legal knowledge . 14.Development of a permanent training facility at the central level to be fully equipped both materially and substantively. 15.Continue to support Community courts: consolidate the achievement of the Community courts through further strengthening their capacity (e.g. additional training, etc.) and their contribution to justice (e.g. documenting and communicating the results of their work. 16.Automate the regional courts: Depending on the availability of resources and priorities set by MOJ, it should be easier to automate all remaining 6 courts. According to the IT team responsible for the implementation of the Pilot Case Flow Management System, it would take up to 24 months to automate all 6 courts, including the first month during which the system will enter into regular use. 17. Enhance MOJ's capacity to assist with the national process for the implementation of the ratified international treaties especially in areas relating to legal and judicial reform, e.g. CEDAW. Response 1. The CO has developed Gender Mainstreaming Action Plan to collect baseline gender data in key areas of intervention, to initiate gender analysis to identifying opportunities to reduce gender inequalities must be been carried out in Practice Areas, to have Thematic Areas annual work plans should have explicitly defined GM outputs which link up to the UNDAF outcomes. 2. Though potential donors are reluctant to fund development projects, UNDP will broker more donor support while maintaining the same partnership dynamics and national implementation modality 3. The project is not designed on the assumption that there other donor partners supporting the 4. Given the excellent nature of the partnership created between UNDP and MOJ, UNDP will push for the promulgation of the drafted codes. 5. UNDP and MoJ has agreed to continue the cooperation an to come up with a new program that included Civic education programs. 6. Depending on the availability of resources assistance will be provide to the MoJ to replicated the case flow management system implemented in the HIGH Court of Central Region in the remaining six regional courts. 7. The first lesson learned was that the project design has to be a little more precise and realistic. Because the original project document had far too many activities planned for a very short period of time, a wrong impression relating to a number of unimplemented activities can easily be perpetuated. 8. UNDP will continue to further assist MOJ in strengthening the institutional and human capacity of the MOJ's. 9. UNDP is supporting the MoJ in identifying and recruiting an appropriate expertise and will continue to do so. 10 Please refer to item number 1. 11 There was frequent and regular reporting during the implementation of the project. 12 UNDP will continue dialogue with the MoJ to provide timely support in emerging MOJ needs. 13. Cooperation will continue with the MoJ to complete the work started during the first two phases and contribute to dissemination of legal knowledge and hence contribute to access to justice through implementation of the following activities: a. Finish changes, translation and publish the codes; b. Edit, translate and publish customary law study; c. Publish 3 consolidation volumes and collect colonial era laws d. Strengthen the capacity of Megerka Training Center to provide the types of legal training required by the sector e. Develop and publish civic education brochures and awareness materials based on new codes and existing international treaty obligations. 14.UNDP will provide assistance in strengthening and developing a permanent training facility at the central level to be fully equipped both materially and substantively. 15.UNDPdoesn't have fund constrains to continue to support Community courts and the chance for resource mobilization is very low. 16. Please refer to Item No.6. 17. Assistance will continue to enhance MOJ's capacity to assist with the national process for the implementation of the ratified international treaties especially in areas relating to legal and judicial reform, e.g. CEDAW.
Management Response: [Added: 2009/08/11]

1.It is very difficult and perhaps too early to assess the contributions made by the Project towards improving access of women to justice and other gender related justice concerns. 2. While UNDP support targeted specific areas, there is an evident need for further sector wide support. There are for the time being no other donors providing support for the justice sector. 3. The evaluating team appreciates the fact that it was difficult to design such a project given the nature of the justice sector as outlined in the preceding context. It was therefore inevitable that while too many activities would be planned for a shorter duration. 3. While many activities were implemented, much work needs to be done in relation to communication of some of the recent achievements within the justice sector. Communication of the achievements of the community courts and the results of the customary law research is critical as it contributes to the improvement of the justice system's credibi

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