Legal Sector Reform Programme end-evaluation

Report Cover Image
Evaluation Plan:
2016-2021, Tanzania
Evaluation Type:
Final Project
Planned End Date:
03/2018
Completion Date:
07/2018
Status:
Completed
Management Response:
Yes
Evaluation Budget(US $):
40,000

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Title Legal Sector Reform Programme end-evaluation
Atlas Project Number: 61944
Evaluation Plan: 2016-2021, Tanzania
Evaluation Type: Final Project
Status: Completed
Completion Date: 07/2018
Planned End Date: 03/2018
Management Response: Yes
Corporate Outcome and Output (UNDP Strategic Plan 2018-2021)
  • 1. Output 3.2.2 National and local systems enabled and communities empowered to ensure the restoration of justice institutions, redress mechanisms and community security
Evaluation Budget(US $): 40,000
Source of Funding: UNDP, EU
Evaluation Expenditure(US $): 53,500
Joint Programme: No
Mandatory Evaluation: No
Joint Evaluation: No
Evaluation Team members:
Name Title Email Nationality
GEF Evaluation: No
Key Stakeholders: UNICEF, EU, MOJCA
Countries: TANZANIA (UNITED REPUBLIC OF )
Lessons
1.

- The approach taken by the project to hinge the provision of legal aid services on the passage of the legal aid policy held back the project for the delivery of much needed legal aid services to the indigent population of Zanzibar. In hindsight and in view of the delays which were experienced in the approval of the policy, legal aid services could and should have been implemented and treated as a separate activity contributing to the broader output.

- From the onset of the project, it would have been preferable to recruit a professional company specialized in the development of a case management system for the development of the system for Judiciary. While the consultant recruited is an experienced programmer, he has little understanding of the functionality and requirements of a Judicial case management system. With the Judiciary, not being sure of what would be appropriate for them, the initial design was mainly a database of cases with limited functionality and interface. Considering the amount of funds which had already been spent on the CMS, all that could be done was to make the best of the initial design. This could have been avoided if a professional company had been recruited for the task.

- The proposal by the LSRP to procure a DNA machine which was later abandoned because of the high unforeseen cost, could have been handled differently. In the first place, consultations conducted to inform the development of the project should not only have been limited to the technical need of the machine but have also inquired into making the cost analysis into the procurement, installation and the operationalization. Secondly, more and more development programmes are being implemented on a cost share basis. If, as it turned out later, the Revolutionary Government of Zanzibar was willing to contribute financially to the process of procuring and installation of the DNA machine, then this should have been encouraged and then showcased as a best practice.


Findings
1.

The Support to Zanzibar’s Legal Sector Reform Program (the Project) is a highly successful project. A significant number of tangible reforms have been introduced through the work of the Project that have directly increased access to justice for the people of Zanzibar. The Project is a milestone in justice sector coordination and dialogue among sector participants. It has created a collaborative approach to reform.

The launch of Zanzibar’s Legal Sector Reform Strategy in 2015 represented the centre of the collaborative reform process and identified areas of priority across the sector that helped both sector participants, donors and international organizations, and the public understand the areas of challenge and targets for reform.

The Project focused on strengthening the foundation of Zanzibar’s legal sector, through the introduction of critical legislative reforms, capacity building and increased knowledge and skills for important sector workers, and enhancing institutional capability.

The thematic focus on children provided tangible and positive outcomes that directly reduced the negative impact of the justice system on children. The programs and reforms introduced for children support their access to justice and their potential for rehabilitation.

The Project was ambitious and required the active participation of many institutions and individuals. As a result, some aspects of implementation struggled under the weight of the ambition. However, overall, the Project should be considered a successful contribution to the improved justice sector in Zanzibar and to meeting the targets of SDG 16.

There is still significant work to be done in Zanzibar’s justice system. These reforms have created an appetite for improvement among local participants and have highlighted ongoing needs and new areas of potential focus. As well, sustaining the benefits of the Project will require ongoing commitment from the Revolutionary Government of Zanzibar, local civil society institutions and some components may require additional support and funding from international institutions. At the time of the evaluation, the sustainability plans for all of the activities were not yet confirmed.


Recommendations
1

Short Term: Complete current Case Management System development and ensure it is installed in the High Court.

2

Medium Term: Provide training and capacity building for IT staff in the court and adequate technology.

3

Medium Term: Support a visit to Zanzibar by an expert from Rwanda to support the Court, undertake strategic planning and develop training based on Rwanda’s experience.

4

Long Term: Develop an E-justice project, starting with a sector-wide assessment of capacity and readiness.

5

Prior to kick-off of next projects, UNDP or UNICEF should support the government to convene a stakeholder meeting to establish accountability and roles. In addition, the government should ensure that periodic project administration meetings are held, in additional to governance/steering committee meetings to identify project process challenges in a timely fashion and ensure support for the leadership.

6

Short Term: A final project meeting should be held and at that meeting, project participants should be asked to commit to ongoing engagement with each other and discuss the best method for that engagement, e.g. Regular meetings, shared project updates by email.

7

Medium Term: The Justice Sector Forum, which was reinvigorated as part of this Project, should meet frequently and regularly, ensuring that all members have an opportunity to contribute to the agenda.

8

Short Term: Sector-wide, collective workshops on the new laws enacted during the Project period, including the legal aid policy and legislation, and advanced training on children in contact/conflict with the law and handling GBV and child abuse cases.

Medium Term: Intensive training and coaching for:

  1. Lawyers (both private and government) on civil skills with a focus on contract negotiation in oil and gas and construction;
  2. Prosecutors on prosecution of new or increasing crimes such as cyber-crime and fraud/corruption-related crimes such as fraud, trafficking, and money laundering;
  3. Government and Law Review Commission lawyers on legislative drafting;
  4. Child magistrates on civil cases involving children; and
  5. Prison officers on international instruments related to women, children and human rights.
9

Short Term: Printing and distributing the legislative tools and associated rules, guidelines, etc. is an important step to ensure that lawyers and paralegals have the necessary access to the rights laws and that they are publicly available. This includes publishing those laws that have already come into force during the Project period (Evidence Decree, Penal Code, Rules of Criminal Procedure, Khadi’s Court Act) and printing the advanced Standard Operating Procedure for Police in child cases.

10

Short Term: Targeted equipment provision is a preferred model for the next project. CMS support, central library, some equipment for the CSOs to promote legal awareness in the community (ZLSC, ZAFELA), remote testimony equipment for the Children’s Court in Mahonda are all short-term recommendations for equipment purchases.

11

Medium Term: A central repository for legal books and information with a strong librarian would be the most efficient way to obtain the most material for the money.

12

Short Term: Support for the proposal of the Chief Justice that an administrator/initial dean for the school be hired immediately.

13

Short Term: A study of the Dodoma University model is recommended as part of law school development.

14

Short Term: Ensure funding support for the Zanzibar Legal Services Centre in order to support key legal aid services for children – the children’s advocates and the child supporters.

Short Term: Increased public awareness of rights and the means of accessing services, following the model already employed by the service providers.

15

Medium Term:  A specific project on legal aid could focus on increasing service to remote communities and to specific vulnerable populations, such as women and children. 

16

Short Term: Support the completion of the laws already worked on as part of the Project.

17

Medium Term: Support a government undertaking to review all of Zanzibar’s laws. The UNDP could provide technical support, particularly in areas of the law that do not have significant expertise in Zanzibar. 

1. Recommendation:

Short Term: Complete current Case Management System development and ensure it is installed in the High Court.

Management Response: [Added: 2018/07/08]

Agree 

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP shall engage the Judiciary in identifying and resolving the issues and challenges impeding the finalization of the CMS and work jointly with an external consultant in finalizing the system.
[Added: 2018/07/08]
UNDP, POCLPSGG Judiciary 2020/12 Initiated Broader discussions required as it has cost implication.
2. Recommendation:

Medium Term: Provide training and capacity building for IT staff in the court and adequate technology.

Management Response: [Added: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
The ICT capacity limitations of the Judiciary is recognized as a critical challenge in ensuring the effective functioning of the CMS. Training will therefore factor into the follow up project in addressing this capacity gap and in ensuring the effectiveness of the CMS.
[Added: 2018/07/08]
UNDP, POCLPSGG Judiciary 2019/12 Not Initiated Broader discussions required as it has cost implication.
3. Recommendation:

Medium Term: Support a visit to Zanzibar by an expert from Rwanda to support the Court, undertake strategic planning and develop training based on Rwanda’s experience.

Management Response: [Added: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
The recommendation to model the CMS after the Rwanda version will be a strong consideration in the design of the new project which will be jointly discussed and agreed upon between UNDP and the key stakeholders of the justice sector.
[Added: 2018/07/08]
UNDP, POCLPSGG Judiciary 2018/12 Initiated Broader discussions required as it has cost implication.
4. Recommendation:

Long Term: Develop an E-justice project, starting with a sector-wide assessment of capacity and readiness.

Management Response: [Added: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
The development of an e-justice project shall be discussed with the Revolutionary Government of Zanzibar in ensuring their buy-in and ownership. However, such a project shall not be a standalone intervention but as part of a broader UNDP justice and rule of law support to Zanzibar.
[Added: 2018/07/08]
UNDP, POCLPSGG Judiciary 2018/12 Initiated Current approach not holistic.
5. Recommendation:

Prior to kick-off of next projects, UNDP or UNICEF should support the government to convene a stakeholder meeting to establish accountability and roles. In addition, the government should ensure that periodic project administration meetings are held, in additional to governance/steering committee meetings to identify project process challenges in a timely fashion and ensure support for the leadership.

Management Response: [Added: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Pursuant to the development of a follow-up programme for Zanzibar, broad consultations are at present being conducted in understanding the needs, concerns and in seeking the perceptions and view of all stakeholders on all the aspects/areas of project implementation. In consonant with the recommendation, this consultative approach shall continue throughout the project lifespan through various mechanisms and platforms which shall be implanted at various levels of the project.
[Added: 2018/07/08]
UNDP 2024/12 Initiated The recommended approach was already practiced during the implementation of the LSRP.
6. Recommendation:

Short Term: A final project meeting should be held and at that meeting, project participants should be asked to commit to ongoing engagement with each other and discuss the best method for that engagement, e.g. Regular meetings, shared project updates by email.

Management Response: [Added: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
This recommendation has been duly noted and eye-marked for inclusion in the new project document as a strategy for sustaining effective communication and coordination of justice sector institutions and actors in Zanzibar beyond the project lifespans.
[Added: 2018/07/08]
UNDP, POCLAPSGG 2018/12 Initiated Broader discussions required as it has cost implication.
7. Recommendation:

Medium Term: The Justice Sector Forum, which was reinvigorated as part of this Project, should meet frequently and regularly, ensuring that all members have an opportunity to contribute to the agenda.

Management Response: [Added: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP notes that the Justice Sector Forum is indeed a critical platform for reinforcing coordination, communication and collective action among justice sector actors. However, there is a need for this structure to be locally owned and factored in the workplans and budgets of the concerned justice and legal sector institution.
[Added: 2018/07/08]
UNDP, POCLAPSGG 2019/12 Not Initiated Broader discussions required as it has cost implication.
8. Recommendation:

Short Term: Sector-wide, collective workshops on the new laws enacted during the Project period, including the legal aid policy and legislation, and advanced training on children in contact/conflict with the law and handling GBV and child abuse cases.

Medium Term: Intensive training and coaching for:

  1. Lawyers (both private and government) on civil skills with a focus on contract negotiation in oil and gas and construction;
  2. Prosecutors on prosecution of new or increasing crimes such as cyber-crime and fraud/corruption-related crimes such as fraud, trafficking, and money laundering;
  3. Government and Law Review Commission lawyers on legislative drafting;
  4. Child magistrates on civil cases involving children; and
  5. Prison officers on international instruments related to women, children and human rights.
Management Response: [Added: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
As was the case under the LSRP, UNDP shall in line with the recommendation ensure that a full range of capacity building interventions targeting key legal sector institutions are factored into follow up interventions in the legal sector reform of Zanzibar.
[Added: 2018/07/08]
UNDP 2018/12 Initiated Broader discussions required as it has cost implication.
9. Recommendation:

Short Term: Printing and distributing the legislative tools and associated rules, guidelines, etc. is an important step to ensure that lawyers and paralegals have the necessary access to the rights laws and that they are publicly available. This includes publishing those laws that have already come into force during the Project period (Evidence Decree, Penal Code, Rules of Criminal Procedure, Khadi’s Court Act) and printing the advanced Standard Operating Procedure for Police in child cases.

Management Response: [Added: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
The recommendation on the production and distribution of reference material including laws, policy of strategy is indeed recognized as a critical are of support for the new project and will be implemented through a consultative process.
[Added: 2018/07/08]
UNDP and justice sector institutions 2020/12 Initiated Broader discussions required as it has cost implication.
10. Recommendation:

Short Term: Targeted equipment provision is a preferred model for the next project. CMS support, central library, some equipment for the CSOs to promote legal awareness in the community (ZLSC, ZAFELA), remote testimony equipment for the Children’s Court in Mahonda are all short-term recommendations for equipment purchases.

Management Response: [Added: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
While access equipment is a recognized limitation of the wider justice and legal sector, a consultative approach shall be taken towards the provision of this support in ensuring that its feeds into a sector-wide capacity building strategy.
[Added: 2018/07/08]
UNDP and justice sector institutions 2020/12 Initiated Broader discussions required as it has cost implication.
11. Recommendation:

Medium Term: A central repository for legal books and information with a strong librarian would be the most efficient way to obtain the most material for the money.

Management Response: [Added: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
This recommendation indeed feeds into ongoing discussions on how existing materials could be effectively managed in ensuring and enhancing access by all institutions to the requisite legal materials. However, this is an issue that requires broader discussion in ensuring stakeholder buy-in.
[Added: 2018/07/08]
UNDP and justice sector institutions 2025/12 Initiated Broader discussions required as it has cost implication.
12. Recommendation:

Short Term: Support for the proposal of the Chief Justice that an administrator/initial dean for the school be hired immediately.

Management Response: [Added: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP shall continue engagement with the Office of the Chief Justice in laying the ground work for the establishment of the Law School.
[Added: 2018/07/08]
Judiciary 2019/12 Initiated This recommendation sits with the Government of Zanzibar
13. Recommendation:

Short Term: A study of the Dodoma University model is recommended as part of law school development.

Management Response: [Added: 2018/07/08] [Last Updated: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Because of the Islamic component of the justice system in Zanzibar, discussions shall be held with the Chief Justice and other key stakeholders in determining the model to be adapted in the establishment of the law school.
[Added: 2018/07/08]
UNDP and Justice sector institutions 2019/12 Initiated This recommendation sits with the Government of Zanzibar
14. Recommendation:

Short Term: Ensure funding support for the Zanzibar Legal Services Centre in order to support key legal aid services for children – the children’s advocates and the child supporters.

Short Term: Increased public awareness of rights and the means of accessing services, following the model already employed by the service providers.

Management Response: [Added: 2018/07/08] [Last Updated: 2018/07/08]

Partially agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP shall work with all legal aid providers in supporting their capacity for effective service delivery. Support shall include the provision of funds for services provision through grants as well as capacity building for effective service delivery.
[Added: 2018/07/08]
UNDP and Legal aid providers 2020/12 Initiated Broader discussions required as it has cost implication.
15. Recommendation:

Medium Term:  A specific project on legal aid could focus on increasing service to remote communities and to specific vulnerable populations, such as women and children. 

Management Response: [Added: 2018/07/08]

Partially agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Rather than develop a separate project for legal aid, the service provision, community engagement and information dissemination shall be captured under an output in the new project under development.
[Added: 2018/07/08]
UNDP and Legal aid providers 2020/12 Initiated Broader discussions required as it has cost implication.
16. Recommendation:

Short Term: Support the completion of the laws already worked on as part of the Project.

Management Response: [Added: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Support is already being provided as part of the implementation of the project initiation plan which provides for supporting the finalization of laws drafted with support of the LSRP.
[Added: 2018/07/08]
UNDP and POCLAPSGG 2020/12 Initiated A consultative and participatory process to be used in finalizing laws.
17. Recommendation:

Medium Term: Support a government undertaking to review all of Zanzibar’s laws. The UNDP could provide technical support, particularly in areas of the law that do not have significant expertise in Zanzibar. 

Management Response: [Added: 2018/07/08]

Agree

Key Actions:

Key Action Responsible DueDate Status Comments Documents
The review of the laws of Zanzibar is at present being discussed as a critical component of the new project under development.
[Added: 2018/07/08]
UNDP and POCLAPSGG 2020/12 Initiated Broader discussions required as it has cost implication.

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