Final Evaluation of the Project on Strengthening Access to Justice, Rule of Law and Human Rights Protection in Mozambique

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Evaluation Plan:
2012-2016, Mozambique
Evaluation Type:
Final Project
Planned End Date:
11/2017
Completion Date:
11/2017
Status:
Completed
Management Response:
Yes
Evaluation Budget(US $):
35,000

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Title Final Evaluation of the Project on Strengthening Access to Justice, Rule of Law and Human Rights Protection in Mozambique
Atlas Project Number: 00063619
Evaluation Plan: 2012-2016, Mozambique
Evaluation Type: Final Project
Status: Completed
Completion Date: 11/2017
Planned End Date: 11/2017
Management Response: Yes
Focus Area:
  • 1. Democratic Governance
  • 2. Cross-cutting Development Issue
  • 3. Others
Corporate Outcome and Output (UNDP Strategic Plan 2014-2017)
  • 1. Output 2.3 Capacities of human rights institutions strengthened
  • 2. Output 3.4. Functions, financing and capacity of rule of law institutions enabled, including to improve access to justice and redress
SDG Target
  • 16.3 Promote the rule of law at the national and international levels and ensure equal access to justice for all
  • 16.6 Develop effective, accountable and transparent institutions at all levels
  • 16.7 Ensure responsive, inclusive, participatory and representative decision-making at all levels
  • 5.2 Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation
Evaluation Budget(US $): 35,000
Source of Funding: Trac 1
Evaluation Expenditure(US $): 40,000
Joint Programme: No
Joint Evaluation: No
Evaluation Team members:
Name Title Email Nationality
Carl DeFaria Mr
Salomao Maxaeia Mr
GEF Evaluation: No
Key Stakeholders: Government of Mozambique, National Human Rights Commission, Civil Society.
Countries: MOZAMBIQUE
Lessons
Findings
Recommendations
1

Recommendation 1: The UNDP should hold a donors’ roundtable and raise sufficient money to adequately fund a project on Access to Justice and Human Rights with components and outputs building on the results and achievements of the Access to Justice Project. Donors (including the EU, Canada, Norway, Sweden, the Netherlands and Denmark) should be approached to provide a higher level of funding support to the UNDP, recognizing the important role the UNDP has played in the area of justice and human rights in Mozambique. Countries may decide which components and/or outputs they make commitments to fund.

2

Recommendation 2: All components of the A2J Project continue to be relevant to the Mozambique justice priorities and to the Government priorities in the area of governance and continue to require international support. A project or other future development intervention in these areas should consider the MoJ and the CNDH as the implementing partners. The CNDH being an independent institution should be the implementing partner for activities targeting the Commission.

3

Recommendation 3: To ensure development intervention’s flexibility, adaptability and responsiveness to changing conditions, inclusion of a ‘responsive component mechanism’ in a future project delivery model is recommended. Such a mechanism would enable the project to address evolving circumstances and emerging needs that are unknown at the time of the program’s design and inception. A ‘responsive component mechanism’ allows the project to respond quickly to beneficiary’s needs and priorities and helps build good partnership. It would avoid canceling planned activities of the project to free funds to accommodate punctual priorities of the project beneficiary. The responsive mechanism will consist of a reserve pool of the project funds, calculated at 7.5% of the programming portion of the project budget. No more than one-third of the funds may be accessed at a given time, and no single request may exceed the value of 15% of the initial reserve pool. Criteria for activities that will qualify for funding from this pool would be specified in the project document and it must be in line with and contribute towards the planned results and outcomes of the project.

4

Recommendation 4: Whenever long-term training is required in a future development intervention, recruitment of project specialist trainers locally, on a long term basis, and embedding them in the key departments of the primary beneficiary, paired with ‘sustainable position’ trainees (permanent staff of the primary beneficiary), results in a more efficient and effective way to build capacity, trust and ownership. It is more effective than to bring consultants, on a short term basis, to do trainings. The sustainable position trainees shadow the consultant/specialist trainer and learn from on-the-job training. Whenever a consultor (whether national or international) capacity development best practices require that that there is always one or more qualified national institution staff (‘funcionário/ técnico’’) shadowing the expert consultant so that capacity and skills transfer can take place.

5

Recommendation 5: The National Human Rights Commission (CNDH) faces serious challenges in terms of further capacity development needs for its technical staff and the newly-appointed Commissioners. Once staff is recruited for the 25 new technical staff posts announced by the Government, a comprehensive technical training program, geared to each individual staff TOR, should be developed and implemented with international support. Capacity strengthening training should also be provided to newly-appointed Commissioners including study tours/experience sharing to a country with good practices in human rights protection. Every study tour should include an equal number of technical staff to the number of new Commissioners participating in the tour. Future development intervention should ensure an effective and complete operationalization of the CNDH.

6

Recommendation 6: Continued international support is required to build capacity in the MoJ to comply with its UPR commitments. However this support is to be provided only if there is adequate and competent full-time staff assigned to work in this area.

7

Recommendation 7: Advocacy efforts to encourage the Government to proceed with the establishment of an administrative apparatus for the implementation of the Alternative Measures to Prison program. This process requires establishing units of execution of the alternative measures to prison mechanism in every Province and district in the country and recruitment of a cadre of competent staff (probation officers) and administrative assistance in each district office. Once these offices have been established, international support should be provided in terms of equipment and continuous training.

8

Recommendation 8: International support to establish a Pilot Model Probation Unit in a district located centrally in the country, perhaps in a Palace of Justice such as Massinga’s PJ. SERNAP is to recruit or assign a well-qualified probation officer (with post-secondary training in social services, psychology or community organizing) and one administrative staff to operate the pilot unit. International support would be in terms of funding equipment/computer & printer/copier needs; and technical training (which could be by bringing a probation officer from a country with good practices in the mechanism of execution of alternative measures to prison for up to 3 months to build capacity, establish operational procedures and strategies on community service placements, counselling, monitoring and reporting. As SERNAP proceeds with its recruitment process, newly recruited SERNAP Probation Officers could undertake short-term internships at the Pilot Model Probation Unit prior to being placed in their respective districts.

9

Recommendation 9: Future capacity building activities should place more focus on IPAJ and, perhaps to a lesser extent, also on SERNIC officer(s) working out of the Palaces of Justice. Also, once SERNAP establishes Probation Offices in the districts they should be the focus of a comprehensive training program. Any training and other capacity building activity held in the Provinces and districts for magistrates should include the participation of IPAJ, SERNAP and SERNIC local staff. These providers of justice services work very closely together in the districts and joint trainings allow an opportunity for the magistrates to transfer knowledge of law dealt with during the training sessions to the colleagues.

10

Recommendation 10: International support is recommended for the training of magistrates, SERNAP, IPAJ, SERNIC and other relevant justice actors on the Penal Procedural Code and on the Law on Execution of Alternative Sentences to Prison, once these legislations are enacted and promulgated.

11

Recommendation 11: Future development intervention should consider supporting knowledge and experience sharing between judicial magistrates and community tribunal judges. Community tribunal judges should be provided with training in human rights and fair mediation skills.

12

Recommendation 12: International support for the construction of new Palaces of Justice should consider first supporting the repairs needed in existing facilities (i.e. Morrumbene’s), including the magistrates’ residences. Advocacy efforts with the Government/MoJ should be carried out for the implementation of Decree-Law no. 59/2016, which regulates the administration (‘gestão’) of Palaces of Justice and provides for appointment of an administrator (and other facilities management support staff) with competences ‘to direct and supervise the execution of the facilities budget’. Once an administrator has been appointed and a line budget for the maintenance of the facilities have been established by the MoJ, support for the development of a standard Facilities Maintenance Manual and for facilities maintenance training for the administrator should be considered in a future development intervention.

13

Recommendation 13: International support should continue to be provided for awareness raising activities about access to justice and human rights, including dissemination of information related to issues involving premature marriages; widows’ inheritance; the elderly; albinism; lynching; organs’ trafficking; domestic violence; and other punctual justice issues. The intervention should adopt a strategy that will reach population living even in remote districts and villages: i) identify grassroots’ champions of change in each and every locality, village and hamlet (including bairro ‘aldeia tradicional’) and establish network of these community organizers as long-term focal points to be trained through an initial human rights-based induction training program as a community organizers and re-tooled and/or briefed for each new topic requiring dissemination. Awareness-raising activities may include folk community plays dealing with such issues, role-playing, music and songs and other community events. It may include civic education outreach activities aimed at teachers and students at the primary and secondary schools. Funding some activities implemented by, or in partnership with, national CSOs and ONGs, such as the Human Rights League (‘Liga dos Direitos Humanos’) may result in greater impact in the awareness-raising regarding access to justice and human rights across the country.

14

Recommendation 14: Future development interventions in the justice sector should also consider supporting specialized training workshops in new crime areas, such as crimes using electronic equipment, including mobile phones and social media; corruption and bribe crimes; traffic of women and children and traffic of organs; environmental crimes by corporations and individuals, including killing of protected species; and workshops on deontology and ethics for all justice actors. All training activities should incorporate gender-related issues and context.

1. Recommendation:

Recommendation 1: The UNDP should hold a donors’ roundtable and raise sufficient money to adequately fund a project on Access to Justice and Human Rights with components and outputs building on the results and achievements of the Access to Justice Project. Donors (including the EU, Canada, Norway, Sweden, the Netherlands and Denmark) should be approached to provide a higher level of funding support to the UNDP, recognizing the important role the UNDP has played in the area of justice and human rights in Mozambique. Countries may decide which components and/or outputs they make commitments to fund.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

The CO will take this recommendation into account and will plan meeting swith potential interested donors to mobilize resources.

Key Actions:

2. Recommendation:

Recommendation 2: All components of the A2J Project continue to be relevant to the Mozambique justice priorities and to the Government priorities in the area of governance and continue to require international support. A project or other future development intervention in these areas should consider the MoJ and the CNDH as the implementing partners. The CNDH being an independent institution should be the implementing partner for activities targeting the Commission.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

The CO will include MoJ and CNDH as IPs in future interventions.

Key Actions:

3. Recommendation:

Recommendation 3: To ensure development intervention’s flexibility, adaptability and responsiveness to changing conditions, inclusion of a ‘responsive component mechanism’ in a future project delivery model is recommended. Such a mechanism would enable the project to address evolving circumstances and emerging needs that are unknown at the time of the program’s design and inception. A ‘responsive component mechanism’ allows the project to respond quickly to beneficiary’s needs and priorities and helps build good partnership. It would avoid canceling planned activities of the project to free funds to accommodate punctual priorities of the project beneficiary. The responsive mechanism will consist of a reserve pool of the project funds, calculated at 7.5% of the programming portion of the project budget. No more than one-third of the funds may be accessed at a given time, and no single request may exceed the value of 15% of the initial reserve pool. Criteria for activities that will qualify for funding from this pool would be specified in the project document and it must be in line with and contribute towards the planned results and outcomes of the project.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

The CO will assess the feasibility of this recommendation. A lack of funds may prevent the implementation of such recommendation.

Key Actions:

4. Recommendation:

Recommendation 4: Whenever long-term training is required in a future development intervention, recruitment of project specialist trainers locally, on a long term basis, and embedding them in the key departments of the primary beneficiary, paired with ‘sustainable position’ trainees (permanent staff of the primary beneficiary), results in a more efficient and effective way to build capacity, trust and ownership. It is more effective than to bring consultants, on a short term basis, to do trainings. The sustainable position trainees shadow the consultant/specialist trainer and learn from on-the-job training. Whenever a consultor (whether national or international) capacity development best practices require that that there is always one or more qualified national institution staff (‘funcionário/ técnico’’) shadowing the expert consultant so that capacity and skills transfer can take place.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

The recommendation is well noted and will be considered when planning the capacity building components of the new interventions.

Key Actions:

5. Recommendation:

Recommendation 5: The National Human Rights Commission (CNDH) faces serious challenges in terms of further capacity development needs for its technical staff and the newly-appointed Commissioners. Once staff is recruited for the 25 new technical staff posts announced by the Government, a comprehensive technical training program, geared to each individual staff TOR, should be developed and implemented with international support. Capacity strengthening training should also be provided to newly-appointed Commissioners including study tours/experience sharing to a country with good practices in human rights protection. Every study tour should include an equal number of technical staff to the number of new Commissioners participating in the tour. Future development intervention should ensure an effective and complete operationalization of the CNDH.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

Capacity building for CNDH will be part of the new intervention.

Key Actions:

6. Recommendation:

Recommendation 6: Continued international support is required to build capacity in the MoJ to comply with its UPR commitments. However this support is to be provided only if there is adequate and competent full-time staff assigned to work in this area.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

The recommendation is well noted and will be taken into account when preparing the new intervention.

Key Actions:

7. Recommendation:

Recommendation 7: Advocacy efforts to encourage the Government to proceed with the establishment of an administrative apparatus for the implementation of the Alternative Measures to Prison program. This process requires establishing units of execution of the alternative measures to prison mechanism in every Province and district in the country and recruitment of a cadre of competent staff (probation officers) and administrative assistance in each district office. Once these offices have been established, international support should be provided in terms of equipment and continuous training.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

UNDP will continue its lobbying and advocacy efforts regarding alternatives to imprisonment.

Key Actions:

8. Recommendation:

Recommendation 8: International support to establish a Pilot Model Probation Unit in a district located centrally in the country, perhaps in a Palace of Justice such as Massinga’s PJ. SERNAP is to recruit or assign a well-qualified probation officer (with post-secondary training in social services, psychology or community organizing) and one administrative staff to operate the pilot unit. International support would be in terms of funding equipment/computer & printer/copier needs; and technical training (which could be by bringing a probation officer from a country with good practices in the mechanism of execution of alternative measures to prison for up to 3 months to build capacity, establish operational procedures and strategies on community service placements, counselling, monitoring and reporting. As SERNAP proceeds with its recruitment process, newly recruited SERNAP Probation Officers could undertake short-term internships at the Pilot Model Probation Unit prior to being placed in their respective districts.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

The Co will discuss the feasibility of this recommendation with the MoJ and plan accordingly.

Key Actions:

9. Recommendation:

Recommendation 9: Future capacity building activities should place more focus on IPAJ and, perhaps to a lesser extent, also on SERNIC officer(s) working out of the Palaces of Justice. Also, once SERNAP establishes Probation Offices in the districts they should be the focus of a comprehensive training program. Any training and other capacity building activity held in the Provinces and districts for magistrates should include the participation of IPAJ, SERNAP and SERNIC local staff. These providers of justice services work very closely together in the districts and joint trainings allow an opportunity for the magistrates to transfer knowledge of law dealt with during the training sessions to the colleagues.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

The CO will discuss the feasibility of this recommendation with the IPs and plan accordingly.

Key Actions:

10. Recommendation:

Recommendation 10: International support is recommended for the training of magistrates, SERNAP, IPAJ, SERNIC and other relevant justice actors on the Penal Procedural Code and on the Law on Execution of Alternative Sentences to Prison, once these legislations are enacted and promulgated.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

The CO will take this recommendation into consideration and discuss  the feasibility of this recommendation with the IPs and define the priorities for the new intervention accordingly.

Key Actions:

11. Recommendation:

Recommendation 11: Future development intervention should consider supporting knowledge and experience sharing between judicial magistrates and community tribunal judges. Community tribunal judges should be provided with training in human rights and fair mediation skills.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

The CO will take this recommendation into consideration and discuss  the feasibility of this recommendation with the IPs and define the priorities for the new intervention accordingly.

Key Actions:

12. Recommendation:

Recommendation 12: International support for the construction of new Palaces of Justice should consider first supporting the repairs needed in existing facilities (i.e. Morrumbene’s), including the magistrates’ residences. Advocacy efforts with the Government/MoJ should be carried out for the implementation of Decree-Law no. 59/2016, which regulates the administration (‘gestão’) of Palaces of Justice and provides for appointment of an administrator (and other facilities management support staff) with competences ‘to direct and supervise the execution of the facilities budget’. Once an administrator has been appointed and a line budget for the maintenance of the facilities have been established by the MoJ, support for the development of a standard Facilities Maintenance Manual and for facilities maintenance training for the administrator should be considered in a future development intervention.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

The recommendation is well noted. The CO will discuss  the feasibility of this recommendation with the IPs.

Key Actions:

13. Recommendation:

Recommendation 13: International support should continue to be provided for awareness raising activities about access to justice and human rights, including dissemination of information related to issues involving premature marriages; widows’ inheritance; the elderly; albinism; lynching; organs’ trafficking; domestic violence; and other punctual justice issues. The intervention should adopt a strategy that will reach population living even in remote districts and villages: i) identify grassroots’ champions of change in each and every locality, village and hamlet (including bairro ‘aldeia tradicional’) and establish network of these community organizers as long-term focal points to be trained through an initial human rights-based induction training program as a community organizers and re-tooled and/or briefed for each new topic requiring dissemination. Awareness-raising activities may include folk community plays dealing with such issues, role-playing, music and songs and other community events. It may include civic education outreach activities aimed at teachers and students at the primary and secondary schools. Funding some activities implemented by, or in partnership with, national CSOs and ONGs, such as the Human Rights League (‘Liga dos Direitos Humanos’) may result in greater impact in the awareness-raising regarding access to justice and human rights across the country.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

The CO will take this recommendation into consideration and discuss  the feasibility of this recommendation with the IPs and define the priorities for the new intervention accordingly.

Key Actions:

14. Recommendation:

Recommendation 14: Future development interventions in the justice sector should also consider supporting specialized training workshops in new crime areas, such as crimes using electronic equipment, including mobile phones and social media; corruption and bribe crimes; traffic of women and children and traffic of organs; environmental crimes by corporations and individuals, including killing of protected species; and workshops on deontology and ethics for all justice actors. All training activities should incorporate gender-related issues and context.

Management Response: [Added: 2017/12/19] [Last Updated: 2018/01/12]

The CO will take this recommendation into consideration and discuss  the feasibility of this recommendation with the IPs and define the priorities for the new intervention accordingly.

Key Actions:

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