Contributed by: Siphosami Malunga, Programme Manager, UNDP Afghanistan Justice Programme
Since its launch in January 2003, UNDP Afghanistan’s Rebuilding the Justice Sector of Afghanistan (RJSA) project strived to address the multi-faceted needs of the justice sector. In conjunction with UNAMA and the Italian Government as lead donor, the RJSA project’s characteristics include its flexibility and elasticity to meet numerous ever-evolving short-term challenges during Afghanistan's early recovery period, while keeping its focus on long-term sustainable strategies. The main objective of RJSA (funded by Italy, the UK and Canada) was to rebuild and strengthen the Afghan justice sector in order for it to meet its commitment to the Afghan population and the international community. As a follow-up to the RJSA project, “Strengthening the Justice System of Afghanistan” (SJSA) recently commenced in January 2006, this is an opportune time to look back and reflect on the key accomplishments of the RJSA project over the past three years (2003-2005).
Key accomplishments of RJSA:
• Development of a National Justice Strategy: In order to address a critical challenge for Afghanistan which is a need for comprehensive strategic planning in the justice sector through improved cooperation and communication between key national justice institutions (Ministry of Justice, Supreme Court and the Attorney General’s Office), RJSA provided essential support to the government in the development of a Ten-Year National Justice Strategic Framework, entitled “Justice for All”. The government and justice institutions conducted consultations with stakeholders on the proposed strategic framework, including the National Justice Consultative Conference in August 2005. RJSA supported the revision of the framework which was endorsed by the Afghan Cabinet as government policy. The government and national justice institutions will continue to require support and assistance in elaborating a detailed implementation strategy for the justice sector (according to Justice for All) and developing an implementation plan with costings and a monitoring and evaluation mechanisms.
• Supported the Judicial Reform Commission: Since its formation, the RJSA project has provided essential support to the Judicial Reform Commission enabling it to establish its secretariat, recruit key staff, develop its work programme and transition its work to the permanent justice institutions. Among its accomplishments, the Commission commenced the process of reforming laws and the legal system and drafted and presented over 18 draft laws to the Legislation Department of the Ministry of Justice. The project also engaged the local media to raise public awareness of the judicial system and processes.
• Facilitated Law Reform: During the Bonn period, the Judicial Reform Commission lead the promulgation of key legislation relating to the administration of justice, including the Interim Criminal Procedure Code, the Juvenile Justice Code, Organisation of the Courts Law, and the Penitentiary Law. Other drafts such as the draft law on the Organisation of the Attorney General’s Office are well underway.
• Public Administration/Institutional Reform of Justice Institutions: During the transition period, the justice institutions underwent reforms by signing up for the government programme for Public Administrative Reform known as the PRR (Priority Reform and Restructuring Process) in 2003. Since then, with support from the RJSA project, the Ministry of Justice has successfully undertaken the first stage which required that the institution provide a new overall structure with streamlined departments and a staffing plan. The second stage has started through implementation of merit-based recruitment of all Ministry staff under the new structure.
• Developed the Capacity of Justice Sector Professionals: The Judicial Reform Commission’s Law Graduates Training Program produced two sets of graduates since its commencement in 2003. A total of 275 graduates from the Faculties of Law and Sharia were trained and have been absorbed into the justice sector in various capacities including as judges, prosecutors and officers in the Ministry of Justice.
• Supported Legal Education Reform: The Faculty of Law at the University of Kabul, as a pilot institution, has begun the process of revising its 30 year-old and outdated law curricula. A draft has been produced and has been endorsed by the University Senate.
• Ensured improved communication and coordination: RJSA has supported the Italian Donor Lead to ensure the revival of the Justice Consultative Group Mechanism which presents an excellent opportunity to ensure coordination within the justice sector and amongst national justice institutions.
• Construction and rehabilitation of Justice Sector Physical Infrastructure: RJSA has provide support for the construction and rehabilitation of justice buildings in 6 provinces , including the Ministry of Justice Headquarters, the Counter-Narcotics Department Building at the Attorney General Headquarters, and a one-stop judicial shop housing all justice institutions in Heart Province.
Looking Ahead: The Strengthening the Justice System of Afghanistan Project
Building on the accomplishments of the RJSA project, UNDP jointly developed with the government an expanded follow-on project entitled “Strengthening the Justice System of Afghanistan” (SJSA), which began in January 2006. RJSA’s main priority has been re-establishing rule of law and reforming the justice sector. SJSA, which has a more long-term focus, has identified the following priorities and challenges:
• Support to the Government of Afghanistan and National Justice Institutions for the development, implementation and monitoring and evaluation of detailed National Justice Strategy (Justice for All ) as well providing support for the implementation of the Rule of Law and Justice Sectors of the Interim Afghan National Development Strategy (IANDS) and in addressing the Justice Priorities and Benchmarks set out in the IANDS;
• Support for the establishment of a Supreme Court and a judicial system that complies with the new Constitution, national legal codes, and international standards;
• Support for public administrative reform and financial management reform in the permanent justice institutions to ensure delivery of better justice services;
• Support for the enactment and implementation of key laws for the administration of justice including the Criminal and Civil codes, the Penal Management law, the Juvenile Justice Code;
• Establishment of sustainable national judicial/legal training capacity in order to strengthen the capacity of judicial or legal actors delivering justice services throughout the country.
Further, the project is complemented by the “Access to Justice at the District Level” (AJDL) project which aim to improve access to justice at the district level through:
• Assess district justice in light of national justice strategies;
• Refurbish district judicial centres;
• Train justice officials together with their communities in both the state and traditional legal systems; and
• Deliver public awareness training.
Given the post-conflict context of Afghanistan, the SJSA project has been designed with considerable elasticity. The results framework in the project document, while comprehensive, also allows a fair degree of flexibility for adjustment as circumstances change. The project recognises the need to ensure the transition from a post-conflict recovery focus to a long-term development oriented plan. In this regard the work of RJSA on“Justice for All”. provides an important foundation for long-term rule of law developmental planning and implementation which will be undertaken the SJSA project.
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