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Strengthening Rule of Law and Human Rights to Empower People in Tajikistan – Phase II project final evaluation
Commissioning Unit: Tajikistan
Evaluation Plan: 2016-2022
Evaluation Type: Project
Completion Date: 02/2022
Unit Responsible for providing Management Response: Tajikistan
Documents Related to overall Management Response:
 
1. Recommendation:

Recommendation 1: Further strengthening provision of secondary free legal aid through coordination with other State and non-State institutions: General Prosecutor’s office, the Supreme Court, Ministry of Interior and Union of Lawyers.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Within the framework of the provision of free secondary legal aid, the project will create secondary partnerships with additional rule of law institutions including the General Prosecutor’s Office and the prosecution and the Ministry of Interior and the police. This will be in the context of their role and responsibilities within the system of free legal aid and to enhance coordination among rule of law sector institutions to improve access to equitable and inclusive services.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated
2. Recommendation:

Recommendation 2: Expansion of partnership with the Parliament to strengthen their role in transparent and legislation making.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP and the project have already conducted a number of preliminary consultations with the Parliament to identify its needs and its contribution to the project going forward. One of the key lessons learned arising out of previous phases of the Project is that engagement and coordination with other state institutions, including the Parliament, is vital for a prompt legislative reform process and that cooperation and communication should be intensified in the future. In this context, the Project will formalise its cooperation with the Parliament in terms of strengthening its capacities to review, analyse and adopt evidence-based policy and legislation.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated The Parliament will be closely involved in activities within the 3rd phase of the Strengthening Rule of Law and Human Rights to Empower People of Tajikistan” project.
3. Recommendation:

Recommendation 3: Support Supreme Court in strengthening the access to information and internal processes and provide support in introduction of e-justice and digitalisation (this activity is also envisaged within Access to Justice, Phase III, so this activity could be done by 2 projects.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP has partnered with the Supreme Court under the A2J project as well as the Access to Judicial Information project, to increase access to court decisions and improve access to information on 5 court websites. During Phase III, the project will consolidate this partnership by further strengthening access to information of court processes and information both within and outside of the court system, i.e., for judges and court staff as well as for the people of Tajikistan. The Supreme Court will be engaged in activities under output 3, which will have a large digital component, in order to increase access to information as well as to improve the efficiency of court processes.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated The Supreme Court will be closely involved in activities within the 3rd phase of the Strengthening Rule of Law and Human Rights to Empower People of Tajikistan” project.
4. Recommendation:

Recommendation 4:  Further support of national human rights institutions, in particular strengthen capacity of Ombudsman Office in producing annual reports, achieving status A, promotion of draft law on ombudsman, conducting monitoring of closed and semi-closed institutions, ratification of OPCAT.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
The project intends to continue enhancing the capacity of the Ombudsman’s Office to comply with the Paris Principles and support the creation of a National Preventive Mechanism – the “Ombudsman plus” model - to conduct monitoring of closed and semi closed facilities. Additionally, the project will continue to support and strengthen the capacity of local representations of Ombudsman to provide legal aid for marginalised and vulnerable groups, including women and persons with disabilities
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated The Ombudsman Office will expand its partnership with the office of Ombudsman within the 3rd phase of the Strengthening Rule of Law and Human Rights to Empower People of Tajikistan” project.
5. Recommendation:

Recommendation 5:  Further support of DPOs in advocating ratification of the UN CRPD (implementation of the Roadmap and State Program of accessible Environment, conducting information campaigns and legal aid to PwDs). 

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
The project will continue its partnership with DPOs in Phase III, in particular cooperate under outputs 5 and 6. It is expected that DPOs will be a secondary partner to the Project throughout Phase III, as it has been in previous phases. Also, the Project will be alert to opportunities to use the DPOs in other ways, thus building its capacity and strengthening the ability of member CSOs to influence public policy and law.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated The DPOs will be closely involved in activities within the 3rd phase of the Strengthening Rule of Law and Human Rights to Empower People of Tajikistan” project.
6. Recommendation:

Recommendation 6:  Expand beneficiaries including youth through cooperation with universities (law faculties), introduction of curricula, establish partnership with Helsinki University.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
In Phase III the project will strengthen cooperation may exchange knowledge and resources through shared partnership with the Rule of Law Centre under the University of Helsinki.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated It is planned that during next phase of the mentioned project a new partnership will be built with the University to delivery rule of law knowledge with national partners.
7. Recommendation:

Recommendation 7: Further support to CSOs and enhance their capacity in policy dialogue and decision making process (promotion of UPR recommendation, ratification of OPCAT and UN CRPD).

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
The Project will continue enhancing capacities of civil society to equally participate in sustainable rule of law and human rights dialogue and decision-making processes
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated During the phase III, the project will enhance its intervention in this direction through building the capacity of CSOs and partners.
8. Recommendation:

Recommendation 8:  Support provided for the development and implementation of quality standards for the delivery of both PFLA and SFLA and methodology to monitor the quality of legal aid provided. Quality standards should specify clear indicators for the delivery of LA services, including quality evaluation methodology, client satisfaction rating cards and peer review.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP has already working on elaboration of quality standards to monitor the quality of legal aid.
[Added: 2022/03/31] [Last Updated: 2022/06/02]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2022/12 Initiated History
9. Recommendation:

Recommendation 9: Since surveys conducted with the support of the project shows that PwDs get most of their information from Radio & TV (56%), future project interventions in terms of awareness-raising activities to increase PwDs’ knowledge of their rights and access to justice and social services should consider more radio and TV spots and programs.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Phase III project will includ radio and TV discussions and interviews of stakeholders to disseminate information about human rights and access to justice via legal aid, including women and PwDs issues. These efforts could be complemented by radio and TV programs dedicated to stories about successes in achieving rights through the use of legal aid, CSOs/POs and even through specific state institutions’ actions.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated It’s already considered during design of the 3rd phase of the Strengthening Rule of Law and Human Rights to Empower People of Tajikistan” project.
10. Recommendation:

Recommendation 10:  PO Gulrukhsor experience with an in-house female lawyer to provide legal assistance including court attendance for shelter victims can be the basis for SALAC to consider developing rosters of lawyers specialized in the delivery of FLA services to women and to PwDs.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Currently there is a Roster of legal aid SFLA advocates that is used to assign advocates in response to the Call Center’s calls. UNDP will identifying advocates specialized in providing legal services for women and PwDs in this Roster.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Managerv 2024/07 Initiated It’s already considered during design of the 3rd phase of the Strengthening Rule of Law and Human Rights to Empower People of Tajikistan” project.
11. Recommendation:

Recommendation 11:  Support human rights monitoring by the Office of the Ombudsman in collaboration with CSOs working in human rights, gender issues and PwDs.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP will in collaboration with the Ombudsman Office and CSOs will conduct trainings on monitoring and reporting within the 3rd phase of the Project. Collaboration protocols and joint activities of Ombudsman Office’s monitoring staff and these CSOs/POs will contribute to develop trust and cooperation and would also contribute for the adoption of common standards of monitoring and reporting in the country.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated It’s already considered during design of the 3rd phase of the Strengthening Rule of Law and Human Rights to Empower People of Tajikistan” project.
12. Recommendation:

Recommendation 12:  Advocacy to have legislation that provides a charter to the organization of advocates as an independent “Law Society” or “Order of Advocates” responsible for the provision of the articles of training and licencing exams of law graduates to become advocates with control of access to the profession through the process of Qualification of Advocates and Re-Qualification of Advocates every 5 years.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP has supported the Union of Lawyers in strengthening its institutional capacity within the 2nd phase of the project. In the 3rd phase, the cooperation with the Union of Lawyers will be focused to achieve effective management of the provision of quality secondary free legal aid and raise awareness and coordination of SALAC with other rule of law sector institutions including the MoI, GPO, the Supreme Court and the Union of Lawyers.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated UNDP will continue support of capacity building of lawyers engaged in provision of SFLA
13. Recommendation:

Recommendation 13:  SFLA should be available in all regions of Tajikistan and the Union of Lawyers in the Dushanbe region should be allowed to represent citizens under the SFLA system.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP will support operation of exciting SFLA in Soghd and Khatlon regions but expansion of SFLA depends on political will and available state budget. However, UNDP will continue working with SALAC and the Union of Lawyers in support of extending the role of the Union of Lawyers in providing SFLA in Dushanbe and all regions equally to avoid the imbalance in access to quality SFLA legal services in the country whereby the Union of Lawyers can provide SFLA in some regions but not in other regions of the country.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated UNDP will support SFLA within the 3rd phase of the Strengthening Rule of Law and Human Rights to Empower People of Tajikistan” project.
14. Recommendation:

Recommendation 14:  Focus human resources and institutional capacity development on key beneficiary stakeholders: SALAC, Union of Lawyers and the Ombudsman’s Office.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP considers these institutions are the key stakeholders in ensuring human rights and access to justice in the country. Capacity development of the members of these institutions as well as institutional development is crucial to the success of the development work undertaken so far. UNDP will enhance capacities of these institutions to effectively manage the provision of quality secondary free legal aid and raise awareness and coordination with other rule of law sector institutions
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated UNDP will conduct this activity within the 3rd phase of the Strengthening Rule of Law and Human Rights to Empower People of Tajikistan” project.
15. Recommendation:

Recommendation 15:  SALAC could benefit from the oversight and guidance of an independent Supervisory Board which could be established by a regulation of the Ministry of Justice. The Board would contribute to the independence and transparency of the legal aid system. The Supervisory Board could be composed of 9 pro bono members selected through open competition. The Supervisory Board members would require technical support from development partners.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP will suggest the MoJ creation a Supervisory Board (under the Ministry of Justice) which would provide the oversight and supervision of SALAC.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated UNDP will advocate this recommendation, however this depends on MoJ’s decision.
16. Recommendation:

Recommendation 16: Training of Trainers (ToT) requiring participants to develop and implement training on their own (using the ‘cascade’ training modality) is a modality that, when feasible, should be replicated in future development interventions.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
The Rule of Law Phase II project encouraged participants in trainings to carry out outreach programs and/or conduct other trainings as trainers (i.e. many advocate trained by the project became trainers) and will promote such approach in future development interventions with a greater degree of formality and intensity. Some development programs, for example, enter into written understandings with individuals participating in trainings to agree to provide up to 5 or even up to 10 similar trainings to their peers.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated UNDP will conduct this activity within the 3rd phase of the Strengthening Rule of Law and Human Rights to Empower People of Tajikistan” project.
17. Recommendation:

Recommendation 17: Establishment of a “Community Engagement Fund” (which would provide funding for ‘small-scale researches and/or project activities conducted by local CSOs/POs) and partnering with other donors and development partners to provide support to local initiatives by civil society organizations are approaches that, when feasible, should be considered for replication in future development interventions. It allows the project to implement more activities, to respond more quickly to emerging priorities and needs of beneficiaries and to build the capacity of local civil society organizations. CSOs/POs working on gender issues and on PwDs should continue to be supported and partnered with in the delivery of project’s activities.

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
The Rule of Law Phase II project was efficient in terms of its flexibility by providing community grants or ‘small-scale’ research funding to CSOs/POs to implement some of the activities related to the project. The Project will continue this activity in the 3rd phase through engaging CSOs in implementation of cost-effective activities related to the project, namely conducting small-scale recearches which will promote their capacity building and to their empowerment and sustainability.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated UNDP will conduct this activity within the 3rd phase of the Strengthening Rule of Law and Human Rights to Empower People of Tajikistan” project.
18. Recommendation:

Recommendation 18:  The LA system could benefit from a hub of research, innovation, training and exchange of best practices in the field of access to justice and legal aid services delivery. The physical structure and office set up of this centre should be uniquely-designed to be communications and networking friendly. The mandate of the centre could include: research and provision of training and professional development programs for lawyers and staff of the legal aid system (both PFLA & SFLA) as well as for the legal community in general. The recommendation would be for a 4-year pilot legal aid innovation and research club in Dushanbe. This centre could also institute annual programs of “Lawyers & Leaders of Tomorrow” to modernize the legal profession in Tajikistan and build a collegial relationship built on trust and mutual respect amongst legal system actors (advocates, judges, prosecutors).

Management Response: [Added: 2022/03/31]

Accepted

Key Actions:

Key Action Responsible DueDate Status Comments Documents
UNDP will support SALAC and the MoJ in making the field of legal aid provision an exciting with professionally upward mobility of lawyers providing FLA.
[Added: 2022/03/31]
UNDP Governance, Rule of Law and Human Right Cluster, Project Manager 2024/07 Initiated UNDP will conduct this activity within the 3rd phase of the Strengthening Rule of Law and Human Rights to Empower People of Tajikistan” project.

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