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Rule of law and Human rights programme: Mid- term Evaluation
Commissioning Unit:Nepal
Evaluation Plan:2013-2017
Evaluation Type: Project
Completion Date:11/2015
Unit Responsible for providing Management Response: Nepal
1. Recommendation:

Recommendation 1: Relevance and Programme Design

The Programme documents (Pro-docs), its RRF, M&E frameworks and AWPs should be revised at mid-point, so as to better articulate a clear theory of change running through the entire Programme with renewed emphasis on human rights and vulnerable groups in line with the 2030 goals, especially Goal 16 and its targets. In addition, RoLHR should be better aligned with the goals of the UNDP Strategic Plan 2014-2017.

Management Response: [Added: 2016/11/02] [Last Updated: 2016/11/02]

Management Response 1:

The ROLHR Porgamme will revise the Pro-docs, including its RRF, M & E framework, with renewed emphasis on human rights and vulnerable groups in close coordination and consultation with key Implementing partners. While revising the Pro-docs, the Programme will take forward the suggested issues (focus on A2J and capacity building at the local level, and focus on strengthening its partnership with CSOs) with clarity on implementation modality and fund transfer issues to CSO partners through grant or other possible modalities. Similarly, consultation programmes will be organized with implementing partners and experts on the subject matter.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Hold consultation meeting with UNDP, DPs and IPS to revise the RRF and pro-doc.
[Added: 2016/11/02] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed Led by the UNDP/Bangkok Advisor
Form a Pro-Doc Revision Committee/Working Group including the key IPs
[Added: 2016/11/02] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed
Organize consultations with partners, donor and UPDP for finalization of the said Docs
[Added: 2016/11/02] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed Revised RRF discussed in the PEB
Submit it to PEB for the approval
[Added: 2016/11/02] [Last Updated: 2016/12/05]
ROLHR 2016/04 Completed
2. Recommendation:

Recommendation 2: Relevance and Programme Design

The RoLHR Programme should also be revised so as to address the implications of the new Constitution for A2J and rule of law. RoLHR Programme can play a significant supportive role to promote access to justice and social justice delivery in a collaborative way, as emerging Constitutional Bodies of an autonomous nature, such as the Women’s Commission, the Dalit Commission, the Social Inclusion Commission, et al, have been created by the new Constitution. The open and responsive leadership of the present Supreme Court, with so many new avenues opened by the New Constitution, may add to the importance of the support provided through the RoLHR project in the future. (Accepted)

Management Response: [Added: 2016/11/02]

Management Response 2:

This issue will be covered through the process mentioned in #1. (RRF revision process)

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Hold consultation meeting with UNDP, DPs and IPS to revise the RRF and pro-doc.
[Added: 2016/11/02] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed Support to NWC and NDC has been increased to address its constitutional mandates
Form a Pro-Doc Revision Committee/Working Group including the key IPs
[Added: 2016/11/02] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed
Organize consultations with partners, donor and UPDP for finalization of the said Docs
[Added: 2016/11/02] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed Revised RRF discussed in the PEB
Submit it to PEB for the approval
[Added: 2016/11/02] [Last Updated: 2016/12/05]
ROLHR 2016/04 Completed • Support to NWC and NDC has been increased to address its constitutional mandates • Support to judiciary to carry out its constitutional mandates will be worked out in consultation with the Supreme Court
3. Recommendation:

Recommendation 3: Management

The NPD mechanism and divisions of authority between the NPD and NPM must be reviewed. The role of UNDP vis-à-vis- the NPD and NPM should be clearly identified. Regular weekly meetings between the NPD and the NPM could also be an effective means to bridge the gap and to discuss upcoming activities and implementation processes to ensure that the NPD has full understanding.

Management Response: [Added: 2016/11/02] [Last Updated: 2016/11/02]

Management Response 3:

Sorting out the issue of delegation of authority to the NPM could be a solution as suggested. A dedicated staff to support the NPD on the implementation of the project will be recruited. Similarly, UNDP will be requested to organize an orientation programme for the NPD and representatives of IPs and ROLHR on NEX/NIM Guidelines

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Conduct detail orientation for NPD. NPM and representatives of the IPs on NEX/NIM Guidelines
[Added: 2016/11/02] [Last Updated: 2016/12/05]
UNDP 2016/02 Completed
Organize bi- weekly meeting between the NPD and NPM
[Added: 2016/11/02] [Last Updated: 2018/07/24]
ROLHR 2017/06 Completed
Recruit a full time liaison staff to support the NPD and ensure effective coordination
[Added: 2016/11/02] [Last Updated: 2016/12/05]
ROLHR/UNDP 2016/03 Completed NPD assigned his senior official as liaison officer
4. Recommendation:

Recommendation 4: Staffing (Technical Advice). 

The provision of international technical advice (via a CTA and P4 legal aid advisor) is a key component of the RoLHR Programme’s design and implementation rationale as agreed upon by UNDP, the Donors, the Supreme Court and all other IPs in 2013.  The issue of the CTA and A2J Specialist must be finally addressed by UNDP, donors and the Supreme Court and other IPs.

Management Response: [Added: 2016/11/02]

Management Response 4:

The vacant CTA position will be filled-up soon but the CTA should be fully responsible to the NPD. However, about the recruitment of the A2J Specialists further discussion with the IPs is needed.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Update the ToR of CTA (P-5)
[Added: 2016/11/02]
UNDP 2016/02 Completed
Initiate advertisement and recruitment process
[Added: 2016/11/02] [Last Updated: 2016/12/05]
UNDP 2016/03 Completed
Recruit the CTA (P-5)
[Added: 2016/11/02] [Last Updated: 2016/12/05]
UNDP 2016/05 Completed
Consult with MoLJPA and SC for further discussion on recruiting A2J Specialist
[Added: 2016/11/02] [Last Updated: 2016/12/05]
UNDP 2016/02 Completed
5. Recommendation:

Recommendation 5: Staffing/Geographic Coverage of the Programme

Considering the size of the Programme, it is clear that more staff are required. To optimize the Programme structure, necessary decisions should be made by the Programme in consultation with the implementing partners, as per the needs of the Programme. It is recommended that the Programme structure be optimized in the shortest possible time. UNDP should establish a RoLHR Programme field office in Biratnagar, which would become a regional hub, to implement and monitor the field activities in the Eastern part of the country. It would benefit sustainability and implementation if the field-level authorities were given some limited authority by the Supreme Court and other implementing partners to decide some issues themselves

Management Response: [Added: 2016/11/02]

Management Response 5:

The Programme acknowledges the evaluators' reinforcement of the issue. The Programme will develop required TORs and submit to the Board meeting for its approval.  

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Revise organogram to create new positions for the field office and at the central level and get approval of the PEB
[Added: 2016/11/02] [Last Updated: 2016/12/05]
ROLHR 2016/02 Completed - Following RRF revision - Subject to approval of PEB
Develop required TORs and initiate recruitment processes
[Added: 2016/11/02] [Last Updated: 2016/12/05]
ROLHR/ UNDP 2016/04 Completed Recruit the staff as per the revised organogram
Organize meeting between UNDP and relevant partners for reviewing the working districts
[Added: 2016/11/02] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed Joint meeting with SC, MoLJPA and UNDP to be organized to maintain a balance between good performing and bad performing districts
Establish field office in Biratnagar for better coordination and monitoring in the working districts.
[Added: 2016/11/02] [Last Updated: 2017/05/22]
ROLHR 2017/04 No Longer Applicable [Justification: According to PEB decision, this action has been cancelled ]
- Scope of work of the field office developed in April - Recruitment done but the signature is awaited on the contract
6. Recommendation:

Recommendation 6: Monitoring and Evaluation

The M&E framework of the existing Pro-doc should be revised. A risk log needs to be developed and updated. The Programme could consider hiring a full-time M&E Specialist to oversee development of baselines, indicators and reporting.

Management Response: [Added: 2016/11/02]

Management Response 6:

Following the revised RRF, the risk log (as mentioned in #1) will be revised.  

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Develop M and E framework in line with revised RRF and pro-doc
[Added: 2016/11/02] [Last Updated: 2018/07/24]
M&E officer 2016/03 Completed
Review and update on the baselines on the new M&E framework
[Added: 2016/11/02] [Last Updated: 2016/12/05]
M&E Officer 2016/03 Completed
Hire M and E Specialist, as it is already in the current organogram
[Added: 2016/11/02] [Last Updated: 2018/07/24]
ROLHR 2016/05 Completed
Revise the GESI desegregated data reporting template (database)
[Added: 2016/11/02] [Last Updated: 2016/12/05]
M&E and GESI Officer 2016/03 Completed Revision of M&E framework taking into account the issues of GESI disaggregated data
7. Recommendation:

Recommendation 7: Sustainability

The Programme should immediately create a Programme Sustainability Strategy, which can be updated and adapted according to the Programme needs and changes in Programme implementation.

Management Response: [Added: 2016/11/02]

Management Response 7:

Sustainability Strategy of ROLHR will be developed in 2016.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Develop Sustainability/Exit Strategy of ROLHR Programme
[Added: 2016/11/03] [Last Updated: 2016/12/05]
RoLHR 2016/09 Completed
Assist IPs to reflect on Sustainability Strategy in their Strategic Plans
[Added: 2016/11/03] [Last Updated: 2016/12/05]
RoLHR and IPs 2016/12 Completed The Sustainability Strategy reflected in the new Strategic Plans of IPs
Develop monitoring mechanism to re-view implementation status of IPs' Strategic Plans
[Added: 2016/11/03] [Last Updated: 2016/12/05]
RoLHR and IPs 2016/12 Completed The monitoring mechanism incorporated in Strategic Plan
Hire a consultant to facilitate the process of developing the Sustainability and Exit strategy
[Added: 2016/11/03] [Last Updated: 2016/12/05]
UNDP 2016/03 Completed Sustainability and Exit strategy developed
8. Recommendation:

Recommendation 8: National Ownership

In order to strengthen ownership, particularly at the national level beyond that of the Supreme Court, there needs to be a shared vision, a clear understanding of roles and responsibilities and enhanced communication mechanisms among all parties, as well as a clear understanding of the role and responsibilities and fiduciary duty of the NPD. The Programme should improve RoLHR abilities to follow-up on requests from IPs. UNDP should consider relocating or co-locating project staff in the Supreme Court and/or MoLJPA. At least the Supreme Court should dedicate a room for the programme so that programme staff has a dedicated space to meet with mid-level court officials, visiting judges and court employees, as well as representatives from other IPs whenever need be at the Supreme Court, rather than RoLHR Programme office.

Management Response: [Added: 2016/11/03]

Management Response 8:

Regular monthly meetings will be organized to enhance communication among all partners. Regarding the co-location of the programme staff; staffs were co-located in the Court before the earthquake and it could be possible only after the retrofitting of the SC building.  

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Organize Regular bi-monthly meetings among the IPs
[Added: 2016/11/03] [Last Updated: 2017/05/22]
ROLHR 2017/06 Completed Two meetings already organized in 2016. Discussed with the Supreme Court and other IPs
Organize Project Advisory Committee (PAC) meeting (as per the Pro Doc)
[Added: 2016/11/03] [Last Updated: 2018/02/27]
ROLHR 2017/12 No Longer Applicable [Justification: Cancelled. It could not be convened due to the impeachment issue against chief justice. The then chief justice was not in a situation to assign the senior most judge as the chair of this board.]
9. Recommendation:

Recommendation 9: Communication and coordination

The Programme should develop a comprehensive Communication and Coordination Strategy, focusing largely on internal communication and coordination, which the Team has found to be weak. These weaknesses in internal communication and coordination, for example between the Programme and the donors and among the implementing partners, impact on performance and decrease the effectiveness of the Programme

Management Response: [Added: 2016/11/03]

Management Response 9:

Necessary actions will be initiated in this regard as mentioned below. The proposed bi-monthly meeting with IPs is also expected to address this concern to some extent.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Conduct regular Implementing partners' meetings
[Added: 2016/11/03] [Last Updated: 2017/05/22]
RoLHR/IPs 2017/06 Completed First week of every alternate month. Regular monthly coordination meetings planned.
Develop a coordination & communication plan in consultation with IPs, as required
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/04 Completed
Continue the Joint Monitoring Missions
[Added: 2016/11/03] [Last Updated: 2018/05/10]
ROLHR/IPs/DPs/UNDP 2016/12 Completed Bi-annual Joint monitoring mission was initiated previously, but was not regular.
Design, publish and disseminate the Programme’s “e-newsletter”
[Added: 2016/11/03] [Last Updated: 2018/02/27]
ROLHR 2017/12 Completed Info-graphics was developed instead of the e-newsletter due to time limitation and programme phase out
Develop a group email Id of the ROLHR focal persons of the implementing partners and share relevant information
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed
Facilitate the S-LACs to discuss its programme and progress in regular meetings of the concerned district JSCCs
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR/SLAC 2016/03 Completed The S-LAC district teams facilitated to share the progress
10. Recommendation:

Recommendation 10: Partnership

The partnerships with UNCT members should strengthened. UNDP and UN Women should be encouraged to cooperate with regard to access to justice and legal aid for women and vulnerable groups. Similarly, the capacity and strengths of MoWCSW should also be assessed by the Programme to determine if that ministry can offer.

Management Response: [Added: 2016/11/03]

Management Response 10:

The relevant UN agencies including UN Women will also be invited in RoLHR’s planning meetings and possible partnership areas will be explored. Similarly, the Project staff will meet the relevant officials of the MoWCSW for exploring possibilities of partnering on issues relating to women’s access to justice and legal aid services.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Discuss the areas for the partnership with UN agencies including UN Women
[Added: 2016/11/03] [Last Updated: 2016/12/05]
UNDP 2016/02 Completed
Identify the modality of partnership in consultation with all IPs.
[Added: 2016/11/03] [Last Updated: 2016/12/05]
RolHR/UNDP 2016/03 Completed
Organize a joint meeting with MoWCSW
[Added: 2016/11/03] [Last Updated: 2017/05/22]
ROLHR/UNDP 2017/03 No Longer Applicable [Justification: Cancelled]
Revise the AWP/QWPs in agreed agendas for approval
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed
11. Recommendation:

Recommendation 11: Gender and Social Inclusion (GESI)

GESI can also be strengthened across the RoLHR Programme.  RoLHR should support orientation/training on “GESI sensitization and mainstreaming” to the judiciary and all IPs. A GESI strategy of ROLHR should be finalized immediately. The Programme should also continue support for the development of a GESI strategy for the Supreme Court. Additional outputs would include formulating a GESI action plan for the JSCCs national-level secretariat; drafting and publishing bench-books on GESI practices and procedures; revising the Prosecutorial Code of Conduct for GESI; Preparing GESI legislative drafting guidelines; upgrading the Law Review Policy to incorporate GESI.

Management Response: [Added: 2016/11/03]

Management Response 11:

First, priority will be given to finalize the GESI strategy of ROLHR and its implementation.  Furthermore, the Programme will also continue the support orientation training on “GESI sensitization and mainstreaming.   

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Finalize GESI Strategy and Action Plan of RoLHR in consultation with all IPs and DPs
[Added: 2016/11/03] [Last Updated: 2018/07/24]
ROLHR 2016/04 Completed
Share the final GESI strategy to all IPs, DPs, UNDP
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed
Support to conduct orientation and training on “GESI sensitization and mainstreaming”.
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR/consultant 2016/12 Completed Concept Note of the training manual developed by a consultant
Support IPs to integrate GESI aspects in their policies, guidelines and procedures
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/05 Completed Project supporting OAG, NDC, NWC and MoLJPA
The judiciary, if agreed, will be proposed to make a new GESI strategy and necessary support will be extended
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed
A GESI Advisory Group will be formed under the leadership of a senior justice of the SC
[Added: 2016/11/03] [Last Updated: 2016/12/05]
SC/IPs/ROLHR 2016/03 Completed
12. Recommendation:

Recommendation 12:

JSCC should be made more inclusive of women and emphasize the full participation of line Ministries and quasi-judicial authorities.  (I.e. Women Development Officers; Land Survey; NHRC). The Evaluation recommends opening up the JSCC to additional governmental actors, but not at present to civil society organizations (although this should be the long-term aim). Many of the issues discussed at JSCC meetings are internal to the justice and security institutions and inclusion of civil society in the JSCC’s official meetings carries a risk of distracting the JSCC from its coordinating mission and work.

Management Response: [Added: 2016/11/03]

Management Response 12:

 The Programme acknowledges this recommendation. Regarding the issue of inclusion of particular institutions, it will be further discussed with the concerned authorities.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Promote this agenda among the stakeholders through regular meetings
[Added: 2016/11/03] [Last Updated: 2016/12/05]
JSCC/ROLHR 2016/03 Completed The recommendation proposed to the JSCC Central Committee
Request the SC to make JSCC membership more inclusive as proposed
[Added: 2016/11/03] [Last Updated: 2017/09/18]
JSCC/ROLHR 2016/02 Completed
13. Recommendation:

Recommendation 13:

UNDP may wish to reconsider whether further infrastructure and software support to CMS is needed-especially if the Supreme Court cannot track the intervention in more detail. This evaluation cannot state with any certainty at this point whether such IT deliverables will be made sustainable by the judiciary. UNDP may wish to shift resources to other mechanisms to promote judicial integrity and judicial conduct and discipline.

Management Response: [Added: 2016/11/03]

Management Response 13:

IT support in the context is a must, and should be continued to improve the case management system (CMS) and service delivery to the general people. At a time when the SC is developing IT master plan, this support will be a part of the plan.  The SC will make sure to track the outcomes of the intervention on IT at center and below.  In addition, the Programme will also offer its support to the judiciary on judicial integrity, conduct and discipline, as agreed upon.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Organize a meeting of SC and UNDP about clarifying the IT system and importance of the ROLHR’s support in this regard
[Added: 2016/11/03] [Last Updated: 2018/05/10]
SC/UNDP 2016/12 Completed Consultation with the Supreme Court
Develop IT master plan and implement ‘monitoring tools’ for assessing the outcome of IT support
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed The revised M&E plan incorporate tools to assess the outcome of IT support
Conduct orientation programmes on corruption, judicial integrity and Code of conduct to the judges and court officials
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed Concept note shared with the SC regarding the orientation on the issue of corruption and judicial integrity
14. Recommendation:

Recommendation 14:

Continue to support the Supreme Court to establish in-camera facilities in all courthouses in Nepal on condition that the Supreme Court collect and report the data called for in the RRF.

Management Response: [Added: 2016/11/03]

Management Response 14:

The Programme will continue the training and orientation to the judicial officials as per the revised Guidelines on in-camera hearing.  However, due to lack of availability of space in courts, establishment of in-camera benches seems not feasible in many districts. Re-assessment of number of relevant cases for in-camera hearing and availability of space should be done. However, some courts have been already following in-camera hearing process within the same regular benches restricting access of other people which needs to be promoted.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Organize consultation with SC to select such District Courts where space is available for in-camera hearing.
[Added: 2016/11/03] [Last Updated: 2017/09/18]
ROLHR 2017/11 Completed
Organize visits to District Courts as suggested by SC to assess feasibility of establishment of in-camera benches.
[Added: 2016/11/03] [Last Updated: 2017/09/18]
ROLHR 2017/11 Completed
Continue the training and other policy level support
[Added: 2016/11/03] [Last Updated: 2018/07/24]
ROLHR 2016/12 Completed
15. Recommendation:

Recommendation 15:

It will be important that the incoming Chief Justice is included in discussions about the RoLHR and its revision to ensure that her point of view is taken into account at the earliest possible opportunity on incorporating more females into the judiciary, developing a GESI strategy for the courts and other issues impacting upon rule of law, access to justice and human rights in Nepal.

Management Response: [Added: 2016/11/03]

Management Response 15:

The incoming CJ has been on board relating to planning and implementation of the project activities and regular updates are given to her by the project in relation to its progress and relevant issues. She has also agreed to lead the GESI focus group like an advisory committee on GESI matters, though informally. From time to time, her ideas and suggestions relating to promotion of GESI in the judiciary are incorporated in the project.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Continue strategic planning meetings under the leadership of the incoming CJ for promotion of GESI in the judiciary
[Added: 2016/11/03] [Last Updated: 2016/12/05]
SC/ROLHR 2016/02 Completed
Propose the idea of establishing a formal GESI Advisory Committee under the leadership of a senior justice of the SC
[Added: 2016/11/03] [Last Updated: 2016/12/05]
SC/ROLHR 2016/03 Completed
Consult the SC to make a separate GESI strategy for the judiciary, and do as agreed upon
[Added: 2016/11/03] [Last Updated: 2016/12/05]
SC/ROLHR 2016/03 Completed
Further promote judicial internship for lawyers representing women and vulnerable groups
[Added: 2016/11/03] [Last Updated: 2016/12/05]
SC/ROLHR 2016/03 Completed
16. Recommendation:

Recommendation 16:

The National Judicial Academy should receive substantial UNDP support as it plays a more important role in educating the higher-level judiciary. The National Judicial Academy can be used to train the judiciary on the implications of the new Constitution. The new appellate jurisdiction of the District Courts over first-instance decisions made by the quasi-judicial authorities is an urgent area of priority. Capacity of female judges is also an area that the NJA can contribute if it gets a place in the project. The NJA library also needs to be substantially upgraded and updated.

Management Response: [Added: 2016/11/03]

Management Response 16:

ROLHR has been intensively working with NJA in the areas mentioned above, which will be continued in future with due consideration to the new constitutional and legal provisions.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Organize meeting with NJA management and identify the possible areas of interventions
[Added: 2016/11/03] [Last Updated: 2016/12/05]
RoLHR 2015/12 Completed
Put the identified activities in AWP and implement accordingly that may include Training on the new constitution to the court officials and judges including women officials and judges of the DCs, focusing on their new jurisdiction on Quasi-judicial bodies capacity enhancement of the NJA library
[Added: 2016/11/03] [Last Updated: 2016/12/05]
RoLHR 2016/02 Completed
17. Recommendation:

Recommendation 17:

The support to the JSTC should be limited to those activities already scheduled to be completed in 2015 and that the Supreme Court be encouraged to capacitate the JSTC. The RoLHR Programme should, however, substantially upgrade the JSTC library with new books.

Management Response: [Added: 2016/11/03]

Management Response 17:

The Programme will provide necessary supports to JSTC to build its capacity. Similarly, JSTC’s library will be upgraded  

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Organize a meeting with MOLJPA and JSTC officials on the mentioned issue and make common understanding on the level of support
[Added: 2016/11/03] [Last Updated: 2017/05/22]
MOLJPA/ROLHR 2017/02 Completed Pre-planning meeting convened with the MOLJPA and JSTC and needs identified
Support JSTC to upgrade its library providing necessary books, literature in the area of justice, rule of law, human rights etc. and Digitization will also be done.
[Added: 2016/11/03] [Last Updated: 2017/05/22]
JSTC/ROLHR 2017/03 Completed As per plan of JSTC
18. Recommendation:

Recommendation 18:

UNDP must continue to advocate and ensure that the MoLJPA elements of access to justice and legal aid for women and vulnerable groups in Nepal. MoLJPA’s overall GESI approach can be improved.  As with the Supreme Court’s strategy, the new Constitution will present MoLJPA with many challenges (i.e. legislative drafting, legal aid, federalism, altered jurisdiction of quasi-judicial authorities, etc.) and these will need to be properly taken account of. It is extremely important that the MoLJPA-led comprehensive national level legal aid strategy is aligned with MoLJPA’s five-year strategy and the strategies of other stakeholders that are expected to provide legal aid and counseling in Nepal (i.e. the Supreme Court, as concerns court paid lawyers; the Nepal Bar Association and leading CSOs involved in legal aid).  

Management Response: [Added: 2016/11/03]

Management Response 18:

The proramme is supporting MoLJPA to develop an integrated legal aid policy and its five year strategic plan which will provide ample of opportunities to promote the recommended agendas - A2J, Legal aid, GESI etc.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Organize meetings with MOLJPA officials and the consultant for incorporation of GESI issues in its Strategic Plan
[Added: 2016/11/03] [Last Updated: 2017/05/22]
MOLJPA/ROLHR 2016/02 Completed The strategic plan of MOLJPA is expected to address this concern
Conduct sharing workshops of Strategic Plan and legal aid policy at the central and regional levels
[Added: 2016/11/03] [Last Updated: 2016/12/05]
MOLJPA/ROLHR 2016/02 Completed
Support MOLJPA to implement the Strategic Plan and the legal aid policy in coordination with judiciary, Bar Association and other CSOs
[Added: 2016/11/03] [Last Updated: 2017/09/18]
MOLJPA/ROLHR 2017/10 Completed
19. Recommendation:

Recommendation 19:

Regarding judicial outreach and awareness raising activities, RoLHR may have in some respects “put the cart before the horse. According to RoLHR programme reports, in Q1 only 200 villagers in three VDCs (Handikhola, Padampokhari and Hatiya) were covered by judges.  This is not a tremendous amount of persons reached by the RoLHR Programme.  Comprehensive trust building measures for justice institutions are required.

Management Response: [Added: 2016/11/03]

Management Response 19:

ROLHR has been supporting more on policy level for promoting judicial outreach than the field level activities. Field level activities are promoted by the judiciary itself. ROLHR is expected to increase its support to judiciary for policy level and capacity building to promote field level activities.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Finalize the resource materials on judicial outreach currently being developed by NJA with RoLHR support
[Added: 2016/11/03] [Last Updated: 2017/05/22]
NJA/ROLHR 2017/03 Completed As per need and demand
Support SC and NJA to utilize the resource materials for organizing field level programmes so that the number of beneficiaries is increased.
[Added: 2016/11/03] [Last Updated: 2016/12/05]
NJA/SC 2016/12 Completed
Propose the SC to implement intensive judicial outreach programs in ROLHR districts
[Added: 2016/11/03] [Last Updated: 2016/12/05]
SC 2016/12 Completed
20. Recommendation:

Recommendation 20:

The Programmes’ approach to execution of judgments has not been as strategic or comprehensive as it could be. As of 2015, it does not appear to the Evaluation that the programme has delivered the requisite level of technical expertise or taken a comprehensive approach to judgment execution. Going forward, in revising the RoLHR project document at mid-term, UNDP should carefully evaluate whether to continue work with the JED. This should include a frank and realistic assessment of both RoLHR and the JED capacities in this respect.  UNDP should also assess what other support has been previously given to the JED and what was the end result from such development assistance.

Management Response: [Added: 2016/11/03]

Management Response 20:

Judgement execution is one of the major indicators of the Programme outcomes. ROLHR has been supporting JED to implement its Special Campaign in relation to judgement execution along with some other supports. This initiative has resulted into increased judgement execution rate. So, continuation of such initiatives will have definitely an add value to the JED and ROLHR.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Organize meeting with JED and work-out possible ways to make the interventions more result oriented
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/01 Completed Meeting organized with the Supreme Court and JED who are not ready to concede with the recommendation of the evaluation team
21. Recommendation:

Recommendation 21:

RoLHR should continue to support the legislative drafting capacity of key line-ministries. The RoLHR Programme could fund a consultant to advise the Law Commission on how to improve its work and assess capacity as a threshold issue to further support for legislative drafting initiatives, RoLHR should consider including OMP, MoF and law schools in its activities. Going forward, UNDP should conduct an inventory of all laws/legislative reforms required by the new Constitution, identify partners capable of undertaking the drafting of such legislation and track progress towards enactment and implementation.

Management Response: [Added: 2016/11/03]

Management Response 21:

MOLJPA, NLC and different line ministries do the legislative drafting that relate with their respective jurisdictions. ROLHR can assist the NLC to enhance its capacity on legislative drafting in view of possible increased workload under the new constitution but its support will be limited to only those legislations which directly fall under its work scope (Access to Justice).

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Organize a meeting with NLC to find out its needs in relation to legislative drafting and preparation of an inventory that directly relate with ROLHR’s scope of work
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed Meeting organized with NLC, MOLJPA and their needs identified, inventory developed
Conduct institutional assessment of NLC
[Added: 2016/11/03] [Last Updated: 2017/09/18]
ROLHR/Consultant 2017/10 Completed
Consult other justice sector actors on how to support NLC to perform its increased tasks under the new constitution
[Added: 2016/11/03] [Last Updated: 2017/09/18]
ROLHR 2017/10 Completed
Develop a plan for supporting legal drafting for ROL sector
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR/MoLJPA/NLC 2016/05 Completed
22. Recommendation:

Recommendation 22:

One of the most successful interventions of the RoLHR Programme are its interventions on behalf of affirmative legal education in Nepal. It is the strong recommendation of the Evaluation that the scholarship programme be continued and even possibly expanded. Unfortunately, there is little prospect for this initiative to be made sustainable in the absence of continued donor support. As with the internships for new lawyers, the Evaluation suggests that UNDP may want to explore public-private partnerships as a source of sustaining the scholarship programme going forward.

Management Response: [Added: 2016/11/03]

Management Response 22:

ROLHR will continue the scholarship programme, and also keep exploring possibilities of its sustainability.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Explore possibility of expansion of the scholarship programme and implement within the project limits – time and fund
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/12 Completed Organize a multi-stakeholders meeting to explore possibility of establishing such a fund.
Explore the possibility of establishment of scholarship grant (seed fund) in a public private partnership modality
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/12 Completed
23. Recommendation:

Recommendation 23:

The legal internships for female law students and students from disadvantaged groups organized by the NBA should be expanded. 

Management Response: [Added: 2016/11/03]

Management Response 23:

The Programme is supporting the NBA to implement 3rd batch of legal internship programme with expansion to two regions (Biratnagar and Nepalgunj) along with increased numbers of interns from 20 to 40; which will be continued in future.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Explore the possibility of extending the internship at sub-regional and local level
[Added: 2016/11/03] [Last Updated: 2016/12/05]
RoLHR 2016/12 Completed Organize a multi-stakeholders meeting to explore possibility of establishing such a fund.
Explore the possibility of sustaining the internship programme in partnership with public and private sectors
[Added: 2016/11/03] [Last Updated: 2016/12/05]
RoLHR 2016/12 Completed Internship programme is a continuous programme as per RoLHR’s plan; provision already made for 4th batch of interns in 2016
Develop the concept of Alumni of interns and capacitate them to serve the project’s target groups
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR/NBA 2016/06 Completed
24. Recommendation:

Recommendation 24:

One element that appears to be missing from the Programme as originally envisioned is the nexus between support to the OAG and links to the indicators in the RoLHR Programme RRF, i.e. improvements in rates of pre-trial detention as a percentage of the total prison population and ii) the “number of cases dismissed due to inadequate investigation and criminal procedure compliance”. Going forward, as with other IPs, UNDP should support the OAG to accommodate changes implicated by the new Constitution of Nepal. The Evaluation also recommends that future support to the OAG be aligned with the needs of women and vulnerable groups and a human rights based approach be strengthened regarding support to OAG. The emphasis of the RoLHR Programme should be upon the rights of the criminally accused, pre-trial detainees and compliance with criminal procedure as originally contemplated in the RoLHR Programme project document and RRF.

Management Response: [Added: 2016/11/03]

Management Response 24:

RRF and indicators will be revised in line with this recommendations (refer to management response# 1.)

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Assess the total impact of the prison visit, supported by ROLHR, for protection of human rights of women and vulnerable groups
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed RRF revised as per the recommendation.
Implement the recommendation of the study so as to take into account of the new constitutional provisions relating to OAG and align the support to strengthen HRB approach in OAG related activities
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/12 Completed
Develop training manual and provide Comprehensive Human Rights training to attorneys/prosecutors
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/06 Completed Incorporated in AWP
Develop a prosecution guideline
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/07 Completed Included in AWP
25. Recommendation:

Recommendation 25:

UNDP should continue to support a revision of the Legal Aid Act to articulate more detailed criteria for legal aid; raise minimum income thresholds for eligibility; and create a new legal aid coordination and clearing house mechanism (or enhance the duties of the CLAC) to coordinate all legal aid actors operating in Nepal.

Management Response: [Added: 2016/11/03]

Management Response 25:

The Programme’s one of the key working areas for 2016 will be finalization of legal aid policy and revision of the Legal Aid Act in a consultative manner, as suggested.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Organize regular interaction and consultation to finalize the legal aid policy and review of the Legal Aid Act in line with the new constitution
[Added: 2016/11/03] [Last Updated: 2016/12/05]
MOLJPA/ROLHR 2016/12 Completed Meeting organized with MOLJPA and necessary provision made to support finalize the draft Legal Aid Policy
Support MoLJPA to gather relevant information in relation to amendment of the Legal Aid Act as per the new legal aid policy and the constitution, as recommended
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/12 Completed
Support C-LAC to organize coordination meetings and enhance its capacities and roles.
[Added: 2016/11/03] [Last Updated: 2016/12/05]
CLAC/ RoLHR 2016/12 Completed CLAC proposed the idea and necessary provision made, as agreed upon.
26. Recommendation:

Recommendation 26:

UNDP especially need to partner with UN Women for A2J and legal aid.  This is in-line with the UNDP Strategic Plan 2014-2017 and the QCPR.   The especially need to partner with UN Women for A2J and legal aid.  Beyond this, the existing partnerships with the Nepal Bar Association and CSOs should be expanded—possibly via small grants to CSOs capable of providing legal aid to women and most vulnerable groups in remote areas.

Management Response: [Added: 2016/11/03]

Management Response 26:

RoLHR will establish partnership with UN Women for A2J and legal aid, and establish a grant mechanism for CSOs and government agencies.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Organize meeting with UN Women and identify possible ways for partnering
[Added: 2016/11/03] [Last Updated: 2016/12/05]
UNDP, ROLHR 2016/02 Completed
Enhance partnership with the NBA and CSOs and provision of small grants will be made for partnering with CSOs
[Added: 2016/11/03] [Last Updated: 2016/12/05]
RoLHR 2016/12 Completed AWP 2016 includes grant provisions
27. Recommendation:

Recommendation 27:

RoLHR expand the concept of SLACs to additional districts in Nepal going forward, but at the same time, allow some SLACs to survive on a reduced budget to see if they can operate within or near budget levels for existing DLACs. A major remaining challenge of the initiative is targeting very remote villages and reaching villagers in remote areas. The other challenge is that since SLACs effectively represent and expansion of the DLACs services, there was some resistance from the NBA based out of concerns that cases in the districts would be handled by SLACs taking business away from practicing lawyers.  There is a question as to how the SLACs are aligning with the registers of social workers maintained by the District Courts.

Management Response: [Added: 2016/11/03]

Management Response 27:

The best practices of the concept of Socio legal aid approach will be replicated into the non S_LAC districts once the legal aid policy is endorsed. In the meantime, the idea will be proposed to the Central Legal Aid Committee to run the existing DLACs with injecting the socio legal aid approach with a reduced budget and enhancing their access to remote areas.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Present the idea in CLAC meeting, UNDP and DPs
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/02 Completed
Implement the idea
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2017/12 Completed
Finalize the legal aid outreach strategy, in consultation with IPs and DPs, to better serve the villagers in remote areas
[Added: 2016/11/03]
ROLHR 2016/03 Completed
28. Recommendation:

Recommendation 28:

The Programme could also support NBA and Bar Council to develop concepts of Continuing Legal Education (CLE), standards of professional responsibility and attorney discipline for the Bar. RoLHR should also assist NBA to develop mandatory minimum pro bono requirements for lawyers under the Bar Council.  

Management Response: [Added: 2016/11/03]

Management Response 28:

The project management team will discuss the issue with NBA and Bar council for developing mandatory minimum pro bono requirements for lawyers under the Bar Council.  

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Revise the Prodoc/RRF to incorporate the CLE and pro-bono services for approval of PEB
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/02 Completed
Organize consultations to develop the package for CLE
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed Necessary provision made in the AWP 2016
Support the Bar Council to review its laws so that CLE and pro-bono lawyering could be provisioned.
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/12 Completed
29. Recommendation:

Recommendation 29:

There were some problems reported in the way that the CSOs were utilized by RoLHR and concerns as to the sustainability of the intervention and lack of an exit strategy that respected the ethical obligations of lawyers to their clients. The CSOs state that one-year contracts proved to be too short in duration to make a meaningful impact and the project grants/contracts expired just about the time that the CSOs were beginning to gain the trust of the local population. There are large numbers of conflict victims in the districts, but the conflict victims’ views are not being brought forward. As of 2015, it is not clear whether the Supreme Court wants CSOs to continue to be involved in the SLAC initiatives. Going forward, the Evaluation recommends that the RoLHR be redesigned to include more partnerships and coordination with CSOs in the delivery of legal aid and psychosocial services. 

Management Response: [Added: 2016/11/03]

Management Response 29:

Subcontracting to CSOs can be done on annual basis as the AWPs are approved annually. ROLHR will build partnership with CSOs for delivery of legal aid and psychosocial services in consultation with the IPs. The referral network will continue to enhance coordination with all concerned organizations.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Establish small grant mechanism and call for proposals to support legal aid related activities
[Added: 2016/11/03] [Last Updated: 2017/09/18]
ROLHR/UNDP 2017/03 Completed Small grants already provided to the CSOs
The civil society is represented in the advisory committee
[Added: 2016/11/03] [Last Updated: 2017/09/18]
ROLHR 2017/01 No Longer Applicable [Justification: Advisory committee not formed due to the change in leadership]
The local civil society organizations are invited at JSCC and S-LAC interactions
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/05 Completed
Continue support to strengthen the referral networks at community level for better outreach, coordination and partnership
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed Necessary provision made in the AWP 2016 for legal aid and referral services
30. Recommendation:

Recommendation 30:

RoLHR Programme support court paid lawyers in terms of building their capacity and to provide high quality legal representation to clients. This includes the upgrading working spaces for such lawyers at the courts, office furniture and law books.

Management Response: [Added: 2016/11/03]

Management Response 30:

ROLHR has been supporting the paid lawyers for their capacity enhancement and will further support them as recommended. (Accepted)

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Conduct need assessment of paid lawyers
[Added: 2016/11/03] [Last Updated: 2018/07/24]
ROLHR 2017/03 Completed
Meet the needs based on the consultation with the lawyers
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/12 Completed Necessary provisions made in the AWP 2016
Continue imparting trainings to the paid lawyers
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/12 Completed
31. Recommendation:

Recommendation 31:

Partnership with Radio Nepal should be continued. Additionally, RoLHR should seek to include more representatives of print media in its trainings and programmes for journalists on human rights and rule of law. It will be especially important that Radio Nepal is engaged to produce segments on the new Constitution and federalism.

Management Response: [Added: 2016/11/03]

Management Response 31:

The partnership with media including TV, Radio, print media & local FMs will be continued to promote ROLHR objectives that include human rights, rule of law and the provisions of the new constitution etc.  

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Revisit modalities of working with different media houses and compile recommendations and incorporate the same in the AWP 2016
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed Necessary provision made in the AWP 2016
Trainings will be organized for journalists on judicial reporting
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/02 Completed Necessary provision made in the AWP 2016
32. Recommendation:

Recommendation 32:

The Mediation Council of the Nepal’s “Go to Village” programme holds potential for A2J at the local level and the Programme could strengthen its support to mobile justice initiatives and mediation and could be supported by RoLHR going forward.

Management Response: [Added: 2016/11/03]

Management Response 32:

ROLHR has been strongly advocating for expeditious justice delivery mechanisms and providing legal awareness and legal aid services through SLACs at local levels. The project will further explore ways to integrate such initiatives initiated by the Mediation Council and other actors. Similarly, it is necessary to support for strengthening the Mediation Council for delivering their activities in local level to promote mediation. However, the support to the MC should be linked directly with the service delivery to the people.    

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Organize meeting with Mediation Council (MC) and other actors to identify the potential activities for 2016
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2015/12 Completed
Support MC to implement its ‘’Go to Village Programme’’
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/12 Completed Necessary provision made in AWP 2016
Share the outcome mapping exercise of the existing support in the area of mediation
[Added: 2016/11/03]
ROLHR 2015/12 Completed Mapping was conducted in 2015
Establish partnership with CSOs through grant mechanism for providing mediation services and support the MC
[Added: 2016/11/03] [Last Updated: 2017/09/18]
ROLHR 2017/04 Completed
33. Recommendation:

Recommendation 33:

RoLHR should continue to support Nepal’s NHRI’s (NDC and NWC) to monitor and hold government to account for implementing the UPR recommendations. Additionally, UNDP and RoLHR can do a better job of publicizing the NDC-NWC report and its recommendations (there was for example, no joint press conference held or other event surrounding the report). Beyond this, UNDP should support NDC and NWC to incorporate the recommendations of the joint UPR report into the strategic plans of the institutions.

Management Response: [Added: 2016/11/03]

Management Response 33:

 

RoLHR is committed to continue its collaboration and support to NWC and NDC to enable these NHRIs to perform their mandate of human rights protection effectively.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Support NDC and NWC to conduct study on implementation status of their recommendations
[Added: 2016/11/03] [Last Updated: 2018/02/27]
ROLHR 2017/11 No Longer Applicable [Justification: Due to the termination of the tenure of the commissioners both for NDC and NWC, it was discussed at the commission and decided to conduct it once the new commissions are on board given the importance of the issue. ]
As per plan of NDC and NWC
Publish the report and disseminate among concerned stakeholders
[Added: 2016/11/03] [Last Updated: 2018/02/27]
ROLHR 2017/11 No Longer Applicable [Justification: Due to the termination of the tenure of the commissioners both for NDC and NWC, it was discussed at the commission and decided to conduct it once the new commissions are on board given the importance of the issue. ]
Hold multi-agency stakeholders’ meeting to advocate and lobby for the implementation of recommendations including UPR recommendations
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/03 Completed
Support NDC and NWC to prepare draft of their base laws as per the new constitution
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/09 Completed
34. Recommendation:

Recommendation 34:

One of the most effective initiatives of the Programme was its support to the “Joint Monitoring Committee” (JMC) (composed of representatives from NHRC, NWC, civil society and multiple GoN agencies (i.e. OAG and Police). 

 

Management Response: [Added: 2016/11/03]

Management Response 34:

Joint Monitoring Committee (JMC) mechanism will be further strengthened and institutionalized through integration of this mechanism in the Strategic Plan of NDC.  JMC mechanism will be replicated in the GBV cases as well.

Key Actions:

Key Action Responsible DueDate Status Comments Documents
Mobilize JMC to implement Joint Action Plan to monitor cases of CBDU and GBV
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/12 Completed
Support to conduct Coordination Meetings of JMC
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/12 Completed
Support to conduct field monitoring missions of JMC on GBV and CBDU cases
[Added: 2016/11/03] [Last Updated: 2016/12/05]
ROLHR 2016/12 Completed

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