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National Justice Sector Strategy

Approved by
Sector Responsible Authorities

Ministry/Agency Name of Minister/Director Signature

Supreme Court H.E. Abdul Salam Azimi

Ministry of Justice H.E. Sarwar Danish

Attorney General's Office H.E. Abdul Jabar Sabit

Date of Submission
March - 2008=
‫ﺑﺴﻢ اﷲ اﻟﺮﺣﻤﻦ اﻟﺮﺣﻴﻢ‬
In the name of Allah, the Most Merciful, the Most Compassionate

Vision for Afghanistan


By the solar year 1400 (2020), Afghanistan will be:

ƒ A stable Islamic constitutional democracy at peace with itself and its neighbors,
standing with full dignity in the international family.

ƒ A tolerant, united, and pluralist nation that honors its Islamic heritage and deep
aspirations toward participation, justice, and equal rights for all.

ƒ A society of hope and prosperity based on a strong, private sector-led market


economy, social equity, and environmental sustainability.

ANDS Goals for 1387-1391 (2008-2013)


The Afghanistan National Development Strategy (ANDS) is a Millennium
Development Goals (MDGs)-based plan that serves as Afghanistan’s Poverty
Reduction Strategy Paper (PRSP). It is underpinned by the principles, pillars and
benchmarks of the Afghanistan Compact. The pillars and goals of the ANDS are:

1. Security: Achieve nationwide stabilization, strengthen law enforcement, and


improve personal security for every Afghan.

2. Governance, Rule of Law and Human Rights: Strengthen democratic practice and
institutions, human rights, the rule of law, delivery of public services and
government accountability.

3. Economic and Social Development: Reduce poverty, ensure sustainable


development through a private sector-led market economy, improve human
development indicators, and make significant progress towards the Millennium
Development Goals.

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) I


Foreword
For the preparation of the Afghanistan National Development Strategy

II AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


In the name of Allah, the most Merciful, the most Compassionate
Six and half years ago, the people of Afghanistan and the international community joined hands to
liberate Afghanistan from the grip of international terrorism and begin the journey to rebuild a nation
stunned by a long past of violence, destruction and terror. We have come a long way in this shared
journey.

In just a few years, as a result of the partnership between Afghanistan and the international community,
we were able to draw up a new, Constitution, embracing the values of democracy, freedom of speech
and equal rights for women. Afghans voted in their first ever presidential elections and elected a new
parliament. Close to five million Afghan refugees have returned home, making it one of the largest
movement of people to their homeland in history.

Thousands of schools have been built; over six million boys and girls have been enrolled, the highest
level ever for Afghanistan. Hundreds of health clinics have been established boosting our basic health
coverage from 9 percent six years ago to over 85 percent today. Access to diagnostic and curative services
has increased from almost none in 2002 to more than forty percent now. We have rehabilitated 12,200 km
of roads. Our rapid economic growth, with double digit growth almost every year, has led to higher
income and better living conditions for our people. With a developing network of roads and a state-of-
the-art communications infrastructure, Afghanistan is better placed to serve as an economic land-bridge
in our region.

These achievements would not have been possible without the unwavering support of the
international community and the strong determination of the Afghan people. I hasten to point out
that our achievements should not make us complacent distracting to face the enormity of the tasks
that are still ahead. The threat of terrorism and the menace of narcotics are still affecting Afghanistan
and the broader region and hampering our development. Our progress is still undermined by the
betrayal of public trust by some functionaries of the state and uncoordinated and inefficient aid
delivery mechanisms. Strengthening national and sub-national governance and rebuilding our
judiciary are also among our most difficult tasks.

To meet these challenges, I am pleased to present Afghanistan’s National Development Strategy


(ANDS). This strategy has been completed after two years of hard work and extensive consultations
around the country. As an Afghan-owned blueprint for the development of Afghanistan in all spheres
of human endeavor, the ANDS will serve as our nation’s Poverty Reduction Strategy Paper. I am
confident that the ANDS will help us in achieving the Afghanistan Compact benchmarks and
Millennium Development Goals. I also consider this document as our roadmap for the long-desired
objective of Afghanization, as we transition towards less reliance on aid and an increase in self-
sustaining economic growth.

I thank the international community for their invaluable support. With this Afghan-owned strategy, I
ask all of our partners to fully support our national development efforts. I am strongly encouraged to
see the participation of the Afghan people and appreciate the efforts of all those in the international
community and Afghan society who have contributed to the development of this strategy. Finally, I
thank the members of the Oversight Committee and the ANDS Secretariat for the preparation of this
document.

Hamid Karzai
President of the Islamic Republic of Afghanistan

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) III


Message from the Oversight
Committee
For the preparation of the Afghanistan National Development Strategy

IV AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


In the name of Allah, the most Merciful, the most Compassionate

We are pleased to present the Afghanistan National Development Strategy, which reflects the
commitment of the Islamic Republic of Afghanistan to poverty reduction and private sector-led
economic growth for a prosperous and stable Afghanistan. The ANDS Oversight Committee (OSC)
was mandated by the Government to produce a Millennium Development Goals-based national
strategy that is Afghan-owned and meets the requirements for a Poverty Reduction Strategy Paper.
The OSC met on a regular basis to design, discuss and oversee the development of the strategy,
including the identification of the needs and grievances of the people, and the prioritization of
resource allocations and actions. To embrace ‘Afghanization” and ownership, the OSC facilitated
inclusive and extensive consultations both at national and sub-national levels.

Sustained fiscal support and continuous evaluation and monitoring are essential now to meet the
challenges ahead related to ANDS implementation. The democratic aspirations of the Afghan people
are high, yet financial resources remain limited. While much has been accomplished since 2001, more
remains to be done as we move from “Compact to Impact”. The Afghan Government with support
from the international community must act decisively, strategically, and with an absolute
commitment to the ANDS goals and vision.

We look forward to working with our government colleagues, civil society representatives, tribal
elders and religious scholars, the private sector, the international community and, most importantly,
fellow Afghans to implement the ANDS, to help realize the Afghanistan Compact benchmarks and
Millennium Development Goals.

Prof. Ishaq Nadiri


Senior Economic Advisor to the
President Ahmad Zia Masoud Dr. Rangin Dadfar Spanta
Chair, ANDS and JCMB First Vice-President Minister of Foreign Affairs

Dr. Amin Farhang


Dr. Anwar-ul-Haq Ahady Sarwar Danish Minister of Commerce and
Minister of Finance Minister of Justice Industry

Dr. Jalil Shams Dr. Zalmay Rassoul Haneef Atmar


Minister of Economy National Security Advisor Minister of Education

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) V


Acknowledgments
For the preparation of the Afghanistan National Development Strategy

VI AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


In the name of Allah, the most Merciful, the most Compassionate

The Afghanistan National Development Strategy (ANDS) could not have been developed without the
generous contribution of many individuals and organizations. The ANDS was finalized under the
guidance of the Oversight Committee, appointed by HE President Hamid Karzai and chaired by H.E.
Professor Ishaq Nadiri, Senior Economic Advisor to the President and Chair of the ANDS Oversight
Committee. The committee included: H.E. Rangeen Dadfar Spanta, Minister of Foreign Affairs;
Anwar-ul-Haq Ahady, Minister of Finance; H.E. Jalil Shams, Minister of Economy; H.E. Sarwar
Danish, Minister of Justice; H.E. Haneef Atmar, Minister of Education; H.E. Amin Farhang, Minister
of Commerce; and H.E. Zalmai Rassoul, National Security Advisor.
We would like to sincerely thank the First Vice-President and Chair of the Economic Council, H.E.
Ahmad Zia Massoud. Special thanks are also due to H.E. Hedayat Amin Arsala, Senior Minister and
H.E. Waheedulah Shahrani, Deputy Minister of Finance and the Ministry of Finance team. In
addition, we would like to thank the Supreme Court, the National Assembly, Government Ministries
and Agencies, Provincial Authorities, Afghan Embassies abroad, national Commissions, the Office of
the President, Civil Society Organizations, and International Community.
All Ministers, deputy ministers and their focal points, religious leaders, tribal elders, civil society
leaders, all Ambassadors and representatives of the international community in Afghanistan; and all
Afghan citizens. National and international agencies participated actively in the ANDS consultations.
Their contributions, comments and suggestions strengthened the sectoral strategies, ensuring their
practical implementation. Thanks are also due to the Ministry of Rural Rehabilitation and
Development for their significant contributions to the subnational consultations. Special thanks are
further due to the President’s Advisors, Daud Saba and Noorullah Delawari for their contributions, as
well as Mahmoud Saikal for his inputs. We are also indebted to the Provincial Governors and their
staff for their contributions, support and hospitality to the ANDS staff.
Special thanks go to Wahidullah Waissi, ANDS/PRS Development Process Manager, for his
invaluable contribution and for the efforts of his team of young Afghan professionals who dedicated
themselves tirelessly to completing the I-ANDS, Afghanistan Compact and the full ANDS in
consultation with both national and international partners. The Sector Coordinators included
Rahatullah Naeem, Farzana Rashid Rahimi, Shakir Majeedi, Attaullah Asim, Mohammad Ismail
Rahimi, Zalmai Allawdin, Hedayatullah Ashrafi, Shukria Kazemi, Saifurahman Ahmadzai, and; the
Sub-National Consultations Team consisted of Mohammad Yousuf Ghaznavi, Mohammad Fahim
Mehry, Shahenshah Sherzai, Hekmatullah Latifi, Sayed Rohani and Osman Fahim; and Malik Sharaf,
Naim Hamdard, Saleem Alkozai, Mir Ahmad Tayeb Waizy, Sayed Shah Aminzai, Khwaga Kakar and
Mohammad Kazim. Thanks to Nematullah Bizhan for his special contribution from the JCMB
Secretariat. We are also indebted to the many national and international advisers who supported this
effort. In particular, we would like to thank Zlatko Hurtic, Paul O’Brien, Jim Robertson, Barnett
Rubin, Peter Middlebrook, Richard Ponzio, Anita Nirody, Shakti Sinha, Ashok Nigam, Christopher
Alexander and Ameerah Haq.
Finally, I would like to thank all who contributed towards this endeavor in preparation of the first
Afghanistan National Development Strategy, a milestone in our country’s history and a national
commitment towards economic growth and poverty reduction in Afghanistan.

Adib Farhadi,
Director, Afghanistan National Development Strategy, and
Joint Coordination and Monitoring Board Secretariat
The complete list of contributors to this Sector Strategy is on the next page.

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) VII


The National Justice Sector Strategy was developed as a result of the commitment and efforts of
members of key Afghan ministries, donors, UN agencies, NGOs, civil society and the private sector.

The precious contribution of H.E. Abdul Salam Azimi, Chief Justice of Supreme Court, H.E. Sarwar
Danish, Minister of Justice, and H.E. Abdul Jabar Sabit Attorney General, has been invaluable in the
development of this sector strategy.

Finally, we would like to thank everyone who assisted the ANDS Secretariat in working to develop
the Justice Sector Strategy. We look forward to the firm commitment of all our stakeholders
throughout the implementation of this strategy.

Certainly, contributions to the Justice Sector will remain key to the success of this strategy in
particular, and of the ANDS in general.

Special thanks also go to the following for their valued help and support:

Dr. Abdul Malik Kamawi, Dr. Arif, Judge Jobal, and Nazeer Gul Taqwa (Supreme Court), Dr. Abdul
Qasim Hashimzai, Kawun Kakar, and Hamidullah Amiry (Ministry of Justice), DAG Abdul Haleem
Samadi, Temorshah Stanekzai, Sayed Jala Jala, and Munier Ahmad Pathang (Attorney General
Office), Najim Animashaun (UNDP), Daniele Canestri (Italy Embassy), Katie Blanchette (JSSP),
Martin Lau (EU) and Ismail Rahimi (ANDS).

VIII AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) IX
X AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) XI
Table of Contents
CHAPTER 1 ......................................................................................................................................................... 1
Executive Summary ....................................................................................................................................... 1
A. The Conceptual Framework ............................................................................................................................ 1
B. Implementation................................................................................................................................................ 1
Introduction................................................................................................................................................... 1
C. Vision .............................................................................................................................................................. 1
D. Guiding Islamic Values ................................................................................................................................... 1
E. The Afghanistan Compact and the Afghanistan National Development Strategy (ANDS)............................. 2
E. Systems Approach to Strategic Planning......................................................................................................... 2
Rule of Law and Justice Institutions ............................................................................................................. 4
A. The Supreme Court ......................................................................................................................................... 4
B. The Ministry of Justice.................................................................................................................................... 4
C. The Attorney General’s Office ........................................................................................................................ 5
D. The Independent National Legal Training Center ........................................................................................... 5
E. Other Justice-Related Institutions.................................................................................................................... 5
F. International Assistance and the Provincial Justice Coordination Mechanism ................................................ 6

CHAPTER 2 ......................................................................................................................................................... 1
GOAL 1: IMPROVED INSTITUTIONAL CAPACITY TO DELIVER SUSTAINABLE JUSTICE SERVICES .................. 1
Current State Analysis .................................................................................................................................. 1
A. Institutional Reform, Restructuring, Management, Information and Processes............................................... 1
1. Expected Results ........................................................................................................................................ 1
2. Strategies to Achieve Expected Results: .................................................................................................... 8
Human Resource Development and Salaries .............................................................................................. 10
A. Expected Results ........................................................................................................................................... 11
B. Strategies to Achieve Expected Results......................................................................................................... 11
1. Recruiting and Promotion ........................................................................................................................ 11
2. Salaries..................................................................................................................................................... 11
3. Vocational Training ................................................................................................................................. 11
C. Information Systems and Processes............................................................................................................... 12
1. Expected Results ...................................................................................................................................... 12
D. Strategies to Achieve Expected Results......................................................................................................... 12
F. Professional Integrity and Institutional Transparency ................................................................................... 12
1. Expected Results ...................................................................................................................................... 12
2. Strategies to Achieve Expected Results ................................................................................................... 13

CHAPTER 3 ......................................................................................................................................................... 1
GOAL NO 2: IMPROVED COORDINATION AND INTEGRATION WITHIN THE JUSTICE SYSTEM AND WITH
OTHER STATE INSTITUTIONS ............................................................................................................................ 1
Current State Analysis .................................................................................................................................. 1
A. Enhancing Cooperation in the Legislative Process.......................................................................................... 1
B. Poor Quality Legal Translation ....................................................................................................................... 1
C. Inadequate Level of Higher Legal Education .................................................................................................. 1
D. Uncoordinated Professional Training .............................................................................................................. 2
Legislative Processes .................................................................................................................................... 2
A. Legislative Processes: Expected Results ......................................................................................................... 2
B. Legislative Processes: Strategies to Achieve Expected Results....................................................................... 3
1. Removing Back-Logs, Eliminating Delays and Keeping Legislative Agenda on Schedule....................... 3
2. Enhance Capacity of Taqnin ...................................................................................................................... 3
3. Enhance Technical and Translation Resources of the Taqnin .................................................................... 3
4. Improve Publications and Dissemination of Laws and Regulations........................................................... 4
Legal Education and Training ...................................................................................................................... 4
A. Legal Education and Training: Expected Results ............................................................................................ 4
B. Legal Education and Training: Strategies to Achieve Expected Results ......................................................... 5
1. Developing Law and Shari’a Faculties....................................................................................................... 5
2. Enhancing Law Teachers’ Capacity ........................................................................................................... 5
3. Participation of Women in the Legal Profession ........................................................................................ 5
4. Establishing Institutional Capacity for Legal Research.............................................................................. 6

CHAPTER 4 ......................................................................................................................................................... 1
GOAL 3: IMPROVED QUALITY OF JUSTICE .......................................................................................................... 1
Criminal Justice ............................................................................................................................................ 1
A. Summary of the Current State of Criminal Justice: ......................................................................................... 1

I AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


B. Criminal Justice System: Expected Results..................................................................................................... 1
C. Criminal Justice System: Strategies to Achieve Expected Results .................................................................. 2
1. Necessary Preconditions for Provision of Access to Quality Justice.......................................................... 2
2. A Coordinated and Well-Structured Criminal Justice System.................................................................... 2
3. A Victim and Witness - Sensitive Approach.............................................................................................. 3
4. Increased Public Confidence in Criminal Justice Institutions .................................................................... 3
D. Sentencing and Corrections ............................................................................................................................. 3
1. Detention, Juvenile Rehabilitation and Prisons Reform ............................................................................. 3
2. Non-Custodial Sentencing and Penal Reform ............................................................................................ 4
Civil Justice................................................................................................................................................... 4
A. Summary of Current State of Civil Justice ...................................................................................................... 4
B. Civil Justice System: Expected Results ........................................................................................................... 5
C. Civil Justice System Strategies to Achieve Expected Results ......................................................................... 5
1. Judicial Case Administration Reform ........................................................................................................ 5
2. Court Case Administration: Commercial Courts........................................................................................ 5
3. Court Case Administration: Land Disputes................................................................................................ 6
4. Court Case Administration: Family Courts ................................................................................................ 6
5. Civil Processes and Procedures.................................................................................................................. 6
6. Enforcement of Judgments......................................................................................................................... 7
7. Legal Documentation ................................................................................................................................. 7
8. Commercial Courts .................................................................................................................................... 7
Legal Aid and Legal Awareness.................................................................................................................... 8
A. Summary of Current State of Legal Aid and Awareness ................................................................................. 8
B. Legal Aid and Awareness: Expected Results .................................................................................................. 8
C. Legal Aid and Legal Awareness: Strategies to Achieve Expected Results...................................................... 8
1. Establishing the Independent Bar Association ........................................................................................... 8
2. Establishing the Legal Aid System............................................................................................................. 9
3. Establishing a Human Rights Unit in the MOJ .......................................................................................... 9
4. Coordinating Legal Awareness Programs and linking them with Institutional Presence ........................... 9
5. Transitional Justice..................................................................................................................................... 9
NATIONAL JUSTCE PROGRAM .................................................................................................................. 13
NATIONAL JUSTCE PROGRAMBackground............................................................................................ 13
A. Rome Conference and Post-Rome Commitments ......................................................................................... 13
B. Developments Prior to the Rome Conference ............................................................................................... 13
C. Relation between the National Justice Sector Strategy and the National Justice Programme........................ 15
Overview ..................................................................................................................................................... 15
A. Programme Objectives and Timetable........................................................................................................... 15
B. Key Partners and Parties of the NJP .............................................................................................................. 16
C. Current Justice Sector Programmes............................................................................................................... 16
D. Illustration of Assistance Gaps ...................................................................................................................... 16
E. Overview of Funding Structures................................................................................................................... 19
Key Priorities .............................................................................................................................................. 19
A. Brief Introduction to Part 2............................................................................................................................ 19
B. Brief Introduction to Part 3............................................................................................................................ 20
C. Brief Introduction to Part 4............................................................................................................................ 20
D. Brief Introduction to Annexes 1-3................................................................................................................. 21
NJP Implementation Structures .................................................................................................................. 21
A. Dual Approach Structure ............................................................................................................................... 21
B. Introduction to the Program Implementation Structure and Bodies............................................................... 22
C. Programme Oversight Committee ................................................................................................................. 22
1. Composition, Duties and Responsibilities................................................................................................ 22
2. POC Relationship with Stakeholders and Establishment of the Board of Donors.................................... 23
3. POC Relationship with PSU .................................................................................................................... 23
D. Programme Support Unit............................................................................................................................... 23
1. Selection and Recruitment of PSU Staff .................................................................................................. 24
2. Composition ............................................................................................................................................. 24
3. Duties and Responsibilities Regarding Multilateral Trust Funds ............................................................. 24
4. Duties and Responsibilities Regarding Bilateral Funding Mechanisms ................................................... 25
5. PSU Relation with POC and Donor Coordination Bodies........................................................................ 25
6. Funding for PSU ...................................................................................................................................... 25
7. Composition, Duties, and Responsibilities of PSU acting as POC Secretariat......................................... 26
E. Programme Units........................................................................................................................................... 26
F. Sequencing of NJP Implementation Structures ............................................................................................. 26
G. POC and PSU Coordination Regarding Insertion of New Activities into Parts 2, 3, and 4 ........................... 26
1. Insertion of New Activities to be Funded by Multilateral Mechanisms ................................................... 27
2. Insertion of New Activities to be Funded by Bilateral Mechanisms ........................................................ 27
Funding Mechanisms .................................................................................................................................. 27
A. ARTF Structure, Mechanism and Financial Reporting System ..................................................................... 27
Establishment of an Investment Project.............................................................................................................. 28
B. LOTFA Structure, Mechanism and Financial Reporting System .................................................................. 29
1. Implementing Agency .............................................................................................................................. 29
2. Financial Management for Funds Disbursement & Reporting ................................................................. 29
C. CNTF Structure, Mechanism and Financial Reporting System ..................................................................... 30
1. Management Structure ............................................................................................................................. 30
2. Contribution, Disbursement and Utilisation of Funds .............................................................................. 30
3. Monitoring and Evaluation....................................................................................................................... 31
D. Bilateral Structures, Mechanisms, and Financial Reporting Systems............................................................ 31
Monitoring and Evaluation ......................................................................................................................... 31
A. Methodology ................................................................................................................................................. 31
B. Monitoring and Evaluation Process............................................................................................................... 32
C. Entities in Charge of Monitoring and Evaluation .......................................................................................... 33
D. Monitoring & Evaluation Process ................................................................................................................. 33
1. Monitoring and Evaluation of Multilateral Projects ................................................................................. 33
2. Monitoring and Evaluation of Bilateral Projects ...................................................................................... 34
3. Monitoring & Evaluation Design and Reporting...................................................................................... 34
E. Evaluation Time Schedule and Reporting System......................................................................................... 34
General Expected Outcomes, Risks and Final Remarks ............................................................................. 34
A. NJP Expected Outcomes ............................................................................................................................... 34
1. Afghanistan Compact and NJSS .............................................................................................................. 34
B. Risks.............................................................................................................................................................. 40
C. Final Remarks ............................................................................................................................................... 40
NATIONAL JUSTICE PROGRAM LOGICAL FRAMEWORK............................................................................. 42
ARRATIVE SUMMARY................................................................................................................................... 44
PERFORMANCE INDICATORS .................................................................................................................... 44
KEY OUTPUTS: ................................................................................................................................................. 54
COMPONENT F ............................................................................................................................................. 70
ARTF PROJECT PROPOSAL.......................................................................................................................... 79
AFGHANISTAN JUSTICE SECTOR REFORM PROJECT (PHASE 1)................................................................................. 79
STRATEGIC CONTEXT AND RATIONALE............................................................................................... 80
A. Key Development Issues ............................................................................................................................... 80
1. Justice Sector............................................................................................................................................ 80
2. National Justice Sector Development Program ........................................................................................ 81
B. Rationale for ARTF Involvement.................................................................................................................. 82
PROJECT DESCRIPTION.......................................................................................................................... 82
A. Project Development Objectives ................................................................................................................... 82
B. Strategic Choices........................................................................................................................................... 83
C. Project Components ...................................................................................................................................... 83
1. Enhancing Capacity of Justice Institutions (USD 23.6 million).............................................................. 83
2. Empowering the People (USD 2.4 million)............................................................................................. 84
3. Strengthening Implementation Capacity (USD 1.75 million) ................................................................. 85
D. Project Costs by Component ......................................................................................................................... 85
E. Relationship to Other Programs..................................................................................................................... 85
IMPLEMENTATION................................................................................................................................... 86
A. Institutional Arrangements ............................................................................................................................ 86
B. Procurement .................................................................................................................................................. 87
C. Financial Management .................................................................................................................................. 88
1. Financial Management, Disbursement and Audit Arrangements ............................................................. 88
2. Fund Flows............................................................................................................................................... 88
3. Accounting and Reporting ....................................................................................................................... 89
4. Disbursement Method .............................................................................................................................. 89
5. Audit of Project Funds ............................................................................................................................. 89
E. Monitoring and Reporting ............................................................................................................................. 89
F. Sustainability and Risks ................................................................................................................................ 89
1. Risks and Risk-mitigation Measures ........................................................................................................ 90
G. SOCIAL AND ENVIRONMENTAL ISSUES ............................................................................................. 92
A. Sector Background ........................................................................................................................................ 92
1. The Supreme Court .................................................................................................................................. 93

III AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


2. The Ministry of Justice ................................................................................................................................... 93
3. The Attorney General’s Office................................................................................................................. 93
B. Key Challenges.............................................................................................................................................. 93
1. Human Capital ......................................................................................................................................... 94
2. Physical Infrastructure and Information and Communication Technology .............................................. 94
3. Access to Justice and Legal Awareness ................................................................................................... 94
4. National Justice Sector Strategy and Program.......................................................................................... 95
Annex 2........................................................................................................................................................ 95
A. Detailed Project Description.......................................................................................................................... 95
1. Enhancing Capacity of Justice Institutions ($23.6 million)..................................................................... 95
2. Empowering the People ($2.4 million).................................................................................................... 98
3. Strengthening Implementation Capacity ($1.75 million) ......................................................................... 99
Annex 3...................................................................................................................................................... 100
A. Table A.1: Project Cost by Component for ARTF Proposed Funding ........................................................ 100
Annex 4...................................................................................................................................................... 104
A. Implementation Arrangements .................................................................................................................... 104
1. Institutional ............................................................................................................................................ 104
2. Timeline for Initial Implementation Steps.............................................................................................. 104
Annex 5...................................................................................................................................................... 105
A. Financial Management ................................................................................................................................ 105
1. Country Issues........................................................................................................................................ 105
2. Risk Assessment and Mitigation ............................................................................................................ 106
CONTROL RISK ............................................................................................................................................. 107
OVERALL CONTROL RISK ............................................................................................................................... 108
DETECTION RISK ............................................................................................................................................ 108
OVERALL FM RISK RATING ............................................................................................................................ 108
3. Strengths and Weaknesses ..................................................................................................................... 109
4. Action Plan – To be reviewed at ‘Initial Supervision’ ........................................................................... 109
5. Implementing Entities ............................................................................................................................ 110
6. Budgeting............................................................................................................................................... 110
7. Funds Flow............................................................................................................................................. 110
8. Legal requirements for authorized signature .......................................................................................... 111
9. Accounting............................................................................................................................................. 111
10. Internal Control & Internal Auditing...................................................................................................... 112
11. External Audit ........................................................................................................................................ 112
12. Financial Reporting................................................................................................................................ 112
13. Disbursement Arrangements .................................................................................................................. 113
Expenditure Category .................................................................................................................................... 113
14. Conclusion ............................................................................................................................................. 114
Annex 6...................................................................................................................................................... 114
A. Procurement Arrangements (Including Procurement Plan) ......................................................................... 114
1. Country Context ..................................................................................................................................... 114
2. General................................................................................................................................................... 115
3. Procurement of Works ........................................................................................................................... 115
4. Procurement of Goods............................................................................................................................ 115
5. Selection of Consultants......................................................................................................................... 116
6. Assessment of the Agency’s Capacity to Implement Procurement ........................................................ 116
7. Procurement Plan ................................................................................................................................... 117
Attachment 1 ............................................................................................................................................. 119
A. Details of the Procurement Arrangement Involving International Competition .......................................... 119
1. Goods and Works and non consulting services. ..................................................................................... 119
2. Consulting Services................................................................................................................................ 119
B. Procurement Plan ........................................................................................................................................ 120
1. Project Information ................................................................................................................................ 120
C. curement Packages with Methods and Time Schedule ................................................................................ 122
Annex 7...................................................................................................................................................... 129
A. Monitoring and Evaluation.......................................................................................................................... 129
1. Monitoring and Evaluation Framework ................................................................................................. 130
Annex 9...................................................................................................................................................... 132
A. Social and Environmental Safeguards ......................................................................................................... 132
1. INTEGRATED SAFEGUARDS DATA SHEET .................................................................................. 132
2. Project Objectives [from section 2 of PCN]:.......................................................................................... 132
3. Project Description [from section 3 of PCN]: ........................................................................................ 132
4. Project location and salient physical characteristics relevant to the safeguard analysis (if known): ...... 134
5. Borrower’s Institutional Capacity for Safeguard Policies: ..................................................................... 134
6. Environmental and Social Safeguards Specialists on the Team: ............................................................ 134
7. SAFEGUARD POLICIES THAT MIGHT APPLY .............................................................................. 134
8. SAFEGUARD PREPARATION PLAN ................................................................................................ 135
9. APPROVALS ...................................................................................................................................... 135
Annex 10.................................................................................................................................................... 136
A. Letters of Endorsement by Sector Ministries and Ministry of Finance........................................................ 136

CHAPTER 4 ..................................................................................................................................................... 138


A. Pipeline Projects for Afghan Fiscal Year 1387............................................................................................ 140
Attachment 1 ............................................................................................................................................. 178
A. Donor Activity Matrix - National Level ...................................................................................................... 179
B. Donor Activity Matrix - Provincial Level ................................................................................................... 209
Attachment 2 ............................................................................................................................................. 241
1. Annex I: Policy Actions Matrix................................................................................................................... 242
2. Annex II: Monitoring and Evaluation Matrix.............................................................................................. 251
3. Annex III, List of Programs and Projects .................................................................................................... 253
4. ANNEX IV: List of Sub National Priorities Programs and Projects (Justice Sector Strategy).................... 255

V AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Abbreviations and Glossaries
Glossary
Abbreviations
Holy Qur’an The holy book of Muslims
AC Afghanistan Compact
Laws of Allah God’s Orders
AGO Attorney General's Office
AIHRC Afghan Independent Human Rights Sunnah(h) of Traditions of the Prophet (S.A.W.)
Commission the prophet
ANDS Afghanistan National Development (S.A.W)
Strategy
Shari’a Islamic Laws
ARTF Afghanistan Reconstruction Trust
Fund Daira-yi’-Adalat Circle of Justice
CJTF Criminal Justice Task Force Wolesi Jirga Lower House of Parliament
CPD Central Prisons Department Meshrano Jirgas Upper House of Parliament
GIAAC General Independent Administration Stage courses Induction courses
of Anti-Corruption Commission Taqnin Legislative Drafting Department
IBA Independent Bar Association Huquq Departments of Rights
IINLTC Independent National Legal Training
Jirgas Traditional Afghan gatherings
Center
Shuras Traditional councils
MDG Millennium Development Goals
MOF Ministry of Finance
MOHE Ministry of Higher Education
MOI Ministry of Interior
MOJ Ministry of Justice
MOWA Ministry of Women’s Affairs
NAPWA National Action Plan for the Women
of Afghanistan
NDS National Directorate of Security
NJP National Justice Program
NJSS National Justice Sector Strategy
PIU Program Implementation Unit
PJCM Provincial Justice Coordination
Mechanism
POC Program Oversight Committee
SC Supreme Court
TDR Traditional (or informal) Dispute
Resolution
UNAMA United Nations Assistance Mission
to Afghanistan
UNCAC United Nations Convention
Against Corruption
VCA Vulnerability to Corruption
Assessments
MRRD Ministry of Rural Rehabilitation and
Development

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) VII


AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 8
CHAPTER 1  
. “And the Firmament (sky) has He raised high, and He has set up the Balance of Justice in order that
you may not transgress due balance. So establish weight with justice and fall not short in the balance”
(Qur’an 55:7-9).

NATIONAL JUSTICE SECTOR STRATEGY


EXECUTIVE SUMMARY B.  Implementation 
Over the last six years, the Supreme Court The National Justice Program (NJP) will
(SC), Ministry of Justice (MOJ) and Attorney implement the NJSS. Funding for
General’s Office (AGO) have worked implementation will come from a variety of
assiduously to lay solid foundations for the sources, including the Ministry of Finance and
sustainable development of the justice sector. international donors (using both bilateral and
The National Justice Sector Strategy (NJSS) is multilateral mechanisms). Implementation
designed to enhance performance, integrity, will be managed by an inter-institutional
transparency, efficiency and independence of Steering Committee, assisted by a Program
justice institutions. Support Unit(s).

The NJSS is based on a vision of an Islamic


society in which an impartial, fair and INTRODUCTION
accessible justice system delivers safety and The Islamic Republic of Afghanistan presents
security for life, religion, property, family and the National Justice Sector Strategy (NJSS) for
reputation with respect for liberty, equality the development and strengthening of the rule
before the law and access to justice for all. of law and the justice sector institutions over
the next five years. It reflects the values,
NJSS builds upon prior reform efforts and in traditions and Islamic culture of the Afghan
particular the individual strategies of the SC, people. It integrates the institutional strategies
MOJ and AGO. of the Supreme Court (SC), Ministry of Justice
(MOJ) and Attorney General’s Office (AGO),
A.  The Conceptual Framework  and recognizes the Government’s
constitutional obligations to adhere to
NJSS is guided by a systems approach; that is, international legal commitments and human
it seeks to strengthen the justice sector rights standards. Finally, the NJSS
comprehensively, building and strengthening demonstrates that Afghanistan’s justice sector
the institutions and systems that guide their will need the support of the international
relationships. The NJSS addresses the Justice community in order to realize its goals and
and Rule of Law Benchmarks of the aspirations.
Afghanistan National Development Strategy
(ANDS) in three fundamental goals:
C.  Vision 
Goal 1 – Improved institutional capacity to The Government’s vision for justice is of an
deliver sustainable justice services; Islamic society in which an impartial, fair and
Goal 2 – Improved coordination and accessible justice system delivers safety and
integration within the justice system and with security for life, religion, property, family and
other state institutions; and reputation; with respect for liberty, equality
before the law and access to justice for all.
Goal 3 - Improved quality of justice services.
D.  Guiding Islamic Values 

NATIONAL JUSTICE SECTOR STRATEGY 1


Justice in Afghanistan is dispensed according 2) By the end of 2010 (1391), justice institutions
to the laws of Allah and the traditions of the will be fully functional and operational in each
Prophet (S.A.W.) as enshrined in the province of Afghanistan, and the average time
provisions of the Constitution. Justice must be to resolve contract disputes will be reduced as
provided in the most remote parts of the much as possible.
country and must be dispensed by justice
sector institutions. This strategy’s core values 3) A review and reform of oversight
are derived from the higher goals of Islam, procedures relating to corruption, lack of due
and the purposes for which Allah bestowed process and miscarriage of justice will be
upon all men, women and children the sacred initiated by end of 2006 (1387) and fully
and undeniable rights and responsibilities in implemented by end of 2010 (1391); by end
the Shari’a of equality before the law and 2010 (1391), reforms will strengthen the
access to justice for all. Achieving justice is professionalism, credibility and integrity of
therefore the main objective of the justice key institutions of the justice system (the
sector institutions. As the ninth century Ministry of Justice, the Judiciary, the Attorney-
Islamic scholar, Ibn Qutayba, wrote: There can General’s Office, the Ministry of the Interior
be no government without an army, No army and the National Directorate of Security).
without money, No money without prosperity,
And no prosperity without justice and good 4) By end 2010 (1391), justice infrastructure
administration. will be rehabilitated; and prisons will have
separate facilities for women and juveniles.
The challenge for the Government and the
justice institutions is to entrench these visions Other justice-related benchmarks in the
of justice, values, standards of conduct and Compact have direct or indirect impact on the
performance into the justice system. justice institutions and justice sector strategy-
making. These include the benchmarks on
E.  The  Afghanistan  Compact  Counter-Narcotics, Land Registration, Human
and  the  Afghanistan  National  Rights, Anti-Corruption, Public
Administration Reform, Gender and
Development Strategy (ANDS)  Parliament.
The Afghanistan Compact provides the
framework for international engagement with Approach to the Strategy
Afghanistan for the next five years in three At the July 2007 (1386) Afghanistan Rule of
areas of activity: security, governance Law Conference in Rome, the Government,
(including human rights and rule of law), the justice institutions and the international
social and economic development and cross- community agreed on measures to improve
cutting areas such as counter narcotics, gender coordination and set realistic and achievable
equity and anti-corruption. The Compact and goals for justice sector reform. The Rome
the ANDS commit the Government to achieve Conference Conclusions and Joint
several ‘high level’ benchmarks by the end of Recommendations re-energized the justice
2010 (1391). The ANDS provides the strategy sector strategy-making process, and resulted
and mechanisms for achieving the Compact’s in pledges of new resources to the justice
benchmarks as agreed upon by the sector.
Government and the international community.

Rule of Law Benchmarks of the Compact are


E.  Systems  Approach  to 
as follows: Strategic Planning  
1) By the end of 2010 (1391), the legal This strategy provides a systems approach to
framework required under the constitution, planning and programming to ensure
including civil, criminal and commercial laws, adequate and sustained coordination, focus
will be put in place, distributed to all judicial and integration within justice sector. The
and legislative institutions and made available systems approach recognizes that the justice
to the public. system is comprised of several institutions that
are accountable, interdependent and
independent.

2 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Its objectives and goals are stated broadly and Goal 1 - Improved institutional capacity to
holistically, in order to capture all elements deliver sustainable justice services focuses
and issues which are relevant for the re- on improved functionality, competence and
building of the country’s legal system. In professionalism of the justice institutions that
addition, the strategy takes an access to justice will enhance credibility and improve
and rights-based approach. Access to justice in institutional arrangements for service delivery.
this context is defined as the ability of people, It focuses on four main areas; administrative
particularly those from disadvantaged groups, structure and information/operating systems,
to seek and obtain a remedy for grievances human resources development (including
through the justice system, in accordance with remuneration and professional education),
the Constitution and international human and institutional and professional integrity,
rights principles and standards. Access to and infrastructure, transportation and
justice contemplates: (1) The availability of equipment needs. This goal also integrates
legal protection under the Constitution, laws, cross-cutting issues of gender, counter-
and regulations, and Islamic jurisprudence narcotics, international cooperation and anti-
and traditional practices that are consistent corruption as well as special topics including
with such protection; (2) The capacity to seek a national security, and counter terrorism and
legal remedy through legal awareness, legal transitional justice.
counsel and formal and informal justice
services; and, (3) The availability of an Goal 2 Improved coordination and
effective remedy through effective integration within the justice system and
adjudication and due process in judicial with other state institutions focuses on
proceedings, with enforcement through police linkages between critical areas of support
and prisons with judicial, governmental and necessary for the proper functioning of justice
civil society oversight. institutions that includes the legislative
process, support for legal education and
The strategy’s premise is that productivity and training as well as partner institutions in
professional excellence in the justice system government and civil society.
can be primarily measured by the level of
demand the system generates and sustains. Goal 3 - Improved Quality of Justice focuses
Demand depends in part on access to justice on processes and practices in the justice
(including access to services, laws and service institutions that will facilitate citizens’ access
providers), and in part on the accessibility and to quality justice services. Specifically, it will
credibility of justice institutions (which are, in address issues related to the availability of
turn, dependent on the functionality, basic legal information to access quality justice
impartiality, professionalism, integrity, and by victims, witnesses, accused persons, civil
infrastructure of justice institutions). While it
litigants and other constituents of the justice
is imperative that the Government creates and
system. Goal 3 is divided into three sections:
maintains an equitable system of justice
throughout the country, it is important to note criminal justice, civil justice and access to
that many Afghan citizens use informal and justice. Some of the key topics covered under
traditional community-based dispute this goal include reform of and coordination
resolution mechanisms to resolve a range of among criminal justice actors, streamlining of
disputes. This situation exists even though civil justice procedures and improved case
these mechanisms are not always easily management, improved standards of judicial
accessible to women and children. education and training, the establishment of
the Bar Association and a legal aid system
Structure of the Strategy
throughout the country, and legal awareness
The strategy is divided into three goals. These and also to draft a policy for determining
goals represent the sector-wide changes or necessary principles and benchmarks for the
results that the strategy seeks to achieve as decisions of Jirgas and councils. (for more
follows: details please see Annex I Policy actions Matrix)

NATIONAL JUSTICE SECTOR STRATEGY 3


RULE OF LAW AND JUSTICE rights of citizens and resolve their legal
disputes in a fair and transparent manner and
INSTITUTIONS to ensure justice through an independent,
The strategy’s goals are aimed at improving useful and effective judiciary system.
access to justice and service delivery across the
justice sector, in particular by the Supreme The SC acts as a final court of appeal. Its
Court, the Ministry of Justice, the Attorney constitutional mandate is to resolve legal
General’s Office and the National Legal disputes in a fair and transparent manner, and
Training Center. These justice institutions, to ensure justice through an independent,
though either independent or independent in honest, and effective judicial system.
their functions, depend on each other and are
jointly accountable to the public. Each justice Thus, the Supreme Court heading the judicial
institution is separately administered by its power shall regulate the judicial system
own administration and has its own property, consisting of the high council (composed of
staff and budgets. To achieve the goals of this members of the Supreme Court), five final
strategy, each justice institution must be fully divisions, 34 appeals courts and 408 primary
functional and competent. courts and employing 6126 judicial and
administrative staff including 1700 judges.
A.  The Supreme Court  
B.  The Ministry of Justice  
The judicial power is an independent organ of
the Islamic Republic of Afghanistan, The Ministry of Justice has extensive
comprising the Supreme Court, Courts of responsibilities that include arrangement of
Appeal, and Primary Courts, which carry out drafts of Laws and Decrees of the President’s
their duties in accordance with the law and Office, printing and disseminating of
separate from the legislative and executive Legislative Documents, protection of property
powers. and material interests of the State and when
need arises taking legal actions against those
The SC operates as the highest judicial organ, liable, protecting the rights of property,
dominating the judicial power. employment, family and all other civil rights
of citizens based on their complaints, and
Pursuant to Article 120 of the Constitution, the taking measures towards enforcing judgments
authority of the judicial power includes issued by courts on civil rights disputes and
consideration of all cases filed by real or legal raising public legal awareness.
persons, including the state, as plaintiffs or
defendants, before the court in accordance In addition, The Ministry of Justice regulates
with the provisions of the law. and manages the activities related to Prisons,
Detention Centers and Juvenile Rehabilitation
Pursuant to Article 121 of the Constitution, the Centers throughout the country.
SC has the authority to review the laws,
legislative decrees, international treaties as The Ministry of Justice carries out its activities
well as international conventions for their in accordance with the Constitution, Law on
compliance with the Constitution and the main organizational structure of the State and
interpretation of these laws at the request of other Legislative documents of the country.
the government or courts, accordance to the The Ministry of Justice also has other duties
provisions of laws. which include dissemination of registered
trade marks and advertisements on
Pursuant to Article 122 of the Constitution, no documents registration in the official Gazette,
law shall under any circumstances exclude and expressing an opinion on congruence of
any case or area from the jurisdiction of the legal and international treaties, compacts, and
judicial organ as defined in chapter seven and international trade agreements with the
submit it to another authority. country’s Laws is another aspect of the
ministry’s activities.
The Supreme Court and other relevant courts
shall, according to the law, take appropriate The MOJ also provides legal advice to the
action in order to protect the fundamental government and international institutions,

4 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


registers political parties and social need to establish and equip a Criminal
organizations, and licenses advocates Technical Office with its related equipment
practicing in courts. The MOJ has 11 and tools for finding evidence and signs of
departments and in general it has 7180 staff crimes during investigations. In addition,
including 1971 professionals, 4000 prisons based on all Laws of the country, the Attorney
personals and 1209 service providers. The Generals Office has duty to monitor
MOJ has departments in provincial centers implementation of Laws, decrees and
and offices in 365 districts of the country. sanctions of the Council of Ministers and
internal regulations of departments, and
The Central Prisons Department (CPD), with monitor detention sites and enforcement of
about 5,000 personnel is the largest sentences and for enhancement of public legal
department of the MOJ, which was transferred education level, it publishes and disseminates
from the Ministry of Interior in 2003. “Tsarenwal” Gazette, “Tsarenwal” magazine,
decisions of the Attorney general's Office’s
In accordance with the Advocates Law, the high Council and for the strengthening of this
MOJ is further required to assist with the process. The Office needs to establish and
establishment of an independent bar functionalize its printing house with all
association and ensure availability of legal aid relevant printing equipment.
in criminal cases to indigents.
D.  The  Independent  National 
C.  The  Attorney  General’s  Legal Training Center 
Office  
The Independent National Legal Training
In general, The Attorney-General’s Office has Center (INLTC) is the newest of the
four deputy Attorneys and there are 23 governmental judicial institutions and was
Departments in the Capital, 34 Appellate established by Presidential Decree on 9 June,
Departments in provinces, 365 Primary 2007. It is responsible for the induction
Attorney’s Offices in districts and training (the stages) for the other
communities, 45 Military Attorney’s governmental judicial institutions, all of which
Departments, 38 Attorneys Departments of are actively represented on the Board of
The National Security’s Presidency, and has Directors of the INLTC. The Center has a
2500 attorneys and 2000 administrative staff broad presidential mandate and is responsible
throughout Afghanistan. In accordance with for enhancing the knowledge and education of
the article 134 of the Constitution and based the legal profession of Afghanistan. Currently
on Laws, Attorney’s Office investigates crimes the Board of Directors is focused on increasing
and takes legal action against the accused in the knowledge and skills of the new recruits to
the courts, Attorney General’s Office is part of the Ministry of Justice through the stage
the Executive branch and is independent in its process. Supreme Court and Attorney General
work. During investigations, Attorneys act as Office based on their
impartial persons, while investigating. They
monitor the activities of the police and other The Supreme Court as independent branch of
agencies, and guide them. Deputy Attorney the state and Attorney General Office will
General’s Office monitor judgments of the conduct the induction trainings “the Stage
appellate and boards (divans) of the Supreme courses” and other capacity building
Court, based on this duty the Attorney programs for judges and attorneys according
Generals Office has direct responsibility over to their specific rules and regulations.
all 34 provincial and more than 365 district
offices throughout the country. Attorney E.  Other  Justice­Related 
General’s Office has specialized sections to
Institutions 
carry out its investigation and legal
prosecution activities against crimes for Other justice-related institutions are the
internal and external security, military, police, proposed Independent Bar Association (IBA).
financial crimes, administrative corruption In addition, the following institutions interact
and counter narcotics .For comprehensive and with the justice system: Ministry of Interior
objective investigation of cases, especially (Police); National Directorate of Security
administrative corruption crimes, there is a (NDS); Parliament (Wolesi and Meshrano

NATIONAL JUSTICE SECTOR STRATEGY 5


Jirgas); Ministry of Higher Education; The institutions that make up the justice
traditional (or informal) dispute resolution system provide support to each other and act
mechanisms (TDR); Ministry of Women’s as the necessary balance and counterweight.
Affairs; General Independent Anti-Corruption They operate in the larger governmental and
and Anti-Bribery Commission (GIACC); social environment in which the rule of law is
Afghan Independent Human Rights upheld. This balance is essential if the weight
Commission (AIHRC); media organizations; of justice is not to fall short as mandated by
civil society organizations including the Holy Qur’an, which states: “So establish
professional organizations (judges and weight with justice and fall not short in the
prosecutors associations), legal aid providers , balance.” 1
Competent institutions for informal dispute
resolution and the public.
F.  International Assistance and 
These institutions have justice-related the  Provincial  Justice 
mandates and functions. By including the Coordination Mechanism 
Ministry of Interior (police) and the NDS (as Essential direct and technical assistance from
foreseen in the Afghanistan Compact’s Rule of international and bilateral donors has lacked a
Law Benchmarks) this strategy covers parts of structured coordination mechanism with a
the security, coercive and law enforcement presence in the provinces. The Provincial
aspects of the rule of law. It also addresses the Justice Coordination Mechanism (PJCM),
benchmark requirement to review and reform approved at the July 2007 Rome Conference by
miscarriages of justices and lack of due stakeholders and donors, will fill this gap. The
process. Parliament’s role in the justice sector PJCM will help improve the delivery of justice
relates to legislation, the legislative process assistance in the provinces consistent with this
and law reform while addressing the strategy and the National Justice Program.
benchmark requirement to put in place the PJCM will focus on coordinating donor actions
legal framework and disseminate laws. The to adhere to three strategic goals: (1) To
Ministry of Higher Education’s role addresses facilitate the comprehensive and consistent
the human resource needs for appropriately reform of justice systems in the major cities; (2)
qualified legal professionals, while also To ensure comprehensive regional
satisfying the benchmark requirement to assessments of formal and informal justice
reform and strengthen professionalism. The systems in each PJCM area; and (3) To expand
role of informal dispute resolution mechanism justice programming by identifying and
is that with handling individuals’ disputes in helping to target future justice assistance to
cases other than criminal, it will reduce the the district level and more remote provinces.
load of work in the Courts. Meanwhile, it will UNAMA will provide supervision of the
save the litigants’ time and money and brings PJCM, which is funded by donors, and
settlement among parties. UNAMA. The PJCM will become operational
in winter 2008 (last quarter 1386)

1
Surat- Ar Rahman - Verse 9.

6 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


CHAPTER 2  
GOAL 1: IMPROVED INSTITUTIONAL CAPACITY TO
DELIVER SUSTAINABLE JUSTICE SERVICES
CURRENT STATE ANALYSIS hearings.Salaries for judges and prosecutors
and other justice professionals are low.
Since 2001, significant achievements have been Though there have been improvements in
made in the capacity of the justice institutions paying salaries on time, they are still
to deliver services to the public. Yet even with sometimes paid late. The capacity to
many successes, deficiencies and challenges effectively manage human resources, finances
and the assets of justice institutions remains
persist and work remains to be done.
weak. This affects in particular procurement
and asset management.
The institutions experience difficulty in
recruiting and retaining qualified Poor personal safety combined with low
professionals particularly in the provinces and salaries makes justice officials prone to bribery
districts. Nearly two out of every five judges and corruption. Corruption also thrives where
appointed have not completed the “Stage” there is a lack of clarity regarding
course induction training before taking office. appointment processes, career progression
and transfers. A lack of credible mechanisms
A large proportion of judges and 80 percent of
to enforce standards and codes of conduct
provincial prosecutors are not graduates of a governing accountability, discipline and ethics
law or Shari’a faculty. and lack of attention to and control over
quality of services also contributes to a culture
A large proportion of judges, prosecutors and of impunity. Corruption and low morale can
MOJ professionals work in provinces and be found throughout the justice sector which
districts without basic legal resources, such as results in a lack of confidence and credibility
appropriate Afghan laws, manuals and among the public. Justice is a key concern for
the National Anti-Corruption Strategy. The
published works. While there has been
NJSS will support the implementation of the
considerable construction and rehabilitation of National Anti-Corruption Strategy by creating
infrastructure in the past six years, the a legal and institutional framework that is
majority of buildings in the justice sector, sufficiently robust to reduce corruption in the
including prisons, need repair or justice sector.
rehabilitation. Indeed, many justice
professionals work in areas where there are no A.  Institutional  Reform, 
dedicated justice buildings or facilities, and Restructuring,  Management, 
are forced to operate in extreme crowding or Information and Processes 
in spaces inadequate for their mandated
duties. In addition to infrastructure challenges,
1.  Expected Results 
transportation and communication remains Within five years the justice institutions will:
inadequate.
1. Be structured, managed and staffed
For example, the AGO does not have a single according to processes that improve
vehicle in 26 provinces to transport efficiency and enhance performance;
prosecutors to courts or crime scenes or to
bring witnesses and victims to

IMPROVEMENT INSTITUTIONAL CAPACITY TO DELIVER SUSTANABLE JUSTICE SERVICES 1


2. Have strengthened their management, effective administrative restructuring the SC,
leadership and administrative capacity; MOJ, and AGO will:
3. Have established program management
ƒ Conduct administrative restructuring
units for development planning, analysis
assessments of their organizations aimed
and implementation;
at identifying sustainable staffing levels
4. Have established and/or enhanced and space needs;
specialized capacity to prosecute and
ƒ Implement new administrative structures
adjudicate cases involving cross-cutting
in phases; initially at headquarters, then in
issues in counter narcotics, violence
the regional centers, and finally extending
against women, corruption, as well as
to all provinces and districts; and
juvenile justice;
ƒ Train and develop capacity of staff in their
5. Have a particular policy on the traditional
new roles and according to new
dispute resolution mechanism;
structures, involving the Civil Service
6. Have Established a judicial service Commission’s Leadership Development
commission to evaluate the judiciary and Program in developing capacity training
make recommendations for necessary for change management.
improvements; and
Information systems and flows form a critical
7. Have established translation and component of organizational design and
publication units in every justice structure. Areas of priority for information
institution systems are human resources management,
procurement, finance and pay roll.
2.  Strategies  to  Achieve  Expected  Establishing information technology in each
Results:  institution including databases and revised
records keeping practices in human resources
To enhance capacity to deliver services, the
and payroll are a prerequisite to pay and
justice institutions’ structure and management
grading reform, determining appropriate
must enable them to fulfill their mandates.
staffing strength and performance levels.
Good organizational design is a critical
Departments within each institution
prerequisite for implementing increased pay
responsible for keeping records and managing
and grading, improving work and security
information will be among the first to be
conditions and enhancing professional and
reformed to prepare the rest of the
career development. It is also necessary for the
organization for reform.
streamlining of internal processes and the
achievement of higher performance standards.
B. Management and Leadership 
(for details please see Annex I Policy actions
Matrix) To better enable the justice institutions to
fulfill their respective mandates and functions,
A. Administrative Restructuring   professional management and quality
leadership is required. Each institution will
Consistent with implementation
analyze and, in consultation with its
considerations, reorganizing the justice
stakeholders, develop recommendations for
institutions will initially focus on head
improving organizational leadership. The
quarters and the eight major provinces.
institutions will formalize the
Organizational re-design of the justice
recommendations in new policies and
institutions aims to ensure efficient and cost
procedures, which will in turn be
effective delivery of justice services. Where
communicated to managers via new
necessary, organizational changes will be
operations manuals. Such measures may take
codified into law.
the form of management support units, as has
been outlined in the Strategy of the Supreme
Deployment of human resources should be
Court. As envisioned by the SC, the unit will
prioritized based on public need and staff
increase administrative capacity and
merit. It is recognized that prioritization will
efficiency, helping to modernize operational
require difficult choices, for which significant
procedures, support training programs,
analytical preparation is needed. To ensure
increase the use of technology, and establish

8 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


proper procedures for the management of of public officials associated with the drug
court records. Ensuring that administrative trade; and
processes are understandable, transparent,
ƒ Cooperate with regional governments in
and efficient may require revision of existing
regulations. The Supreme Court in particular combating trafficking and narcotics
intends to appoint a committee to review and money laundering.
modernize existing regulations relating to II. Violence against Women  
court regulation.
Through the National Action Plan for Women,
C. Program Management  the Government has committed itself to
eliminating violence against women. The three
The justice institutions will establish dedicated
justice institutions play an important role in
units to create and implement development
strategies, and to assist in donor relations. The the implementation of the National Action
units will play an important role in the Plan and have adopted a five-level approach
implementation of the National Justice that will require:
Program (NJP). Because the Afghanistan
Reconstruction Trust Fund (ARTF) will likely ƒ Each justice institution to take a firm stand
be one funding mechanism used for the NJP, against violence against women, which
the units should be designed and structured in will include strong leadership to
accordance with the ARTF’s Justice Sector communicate and raise awareness about
Reform Project requirements. the criminality of violence in general and
violence against women in particular;
D. Specialized  Criminal  Justice 
Capacity  ƒ Improving the investigation and
prosecution of domestic disturbances to
This strategy pays particular attention to the ensure that the rights of women and other
investigation and prosecution of cases vulnerable groups are protected;
involving narcotics, gender (violence against
women), corruption, and juveniles. The justice ƒ Reviewing laws and practices to identify
system will benefit from specialization in each those that are discriminatory to women,
of these cross-cutting areas. Specialization will and recommending needed reforms;
be achieved through training of judges,
ƒ Increasing the number of justice
prosecutors and other professionals, and
professionals with specialized training in
through appropriate institutional
investigating and prosecuting violence
arrangements.
against women, with a particular focus on
I. Narcotics  techniques for effective and sensitive
interviewing of victims and witnesses; and
The Criminal Justice Task Force (CJTF) is a
specialized counter narcotics joint effort of ƒ Developing the necessary infrastructure
several institutions. Despite significant and referral mechanisms to ensure safety
progress in improving law enforcement and security of female victims of violence.
interdiction and prosecution of drug III. Corruption  
traffickers, the CJTF lacks an effective presence
in key geographic areas. The strategy aims to The justice institutions will collaborate and
expand the geographic reach and effectiveness coordinate in order to assist with the execution
of the CJTF. To that end, the justice institutions of the Government’s Anti-Corruption
will continue cooperating to: Strategy. To this end the justice institutions
will:
ƒ Improve the CJTF’s capacity to address
sentencing and treatment options for drug ƒ Identify all laws that need to be
users and addicts, harmonized with international anti-
corruption standards, including the
ƒ Link counter-narcotics efforts to the United Nations Convention Against
government’s anti-corruption strategy by Corruption (UNCAC), and will develop a
increasing investigation and prosecution plan for completing the harmonization;

IMPROVEMENT INSTITUTIONAL CAPACITY TO DELIVER SUSTANABLE JUSTICE SERVICES 9


ƒ Support the creation of a well equipped The Judicial Service Commission will have an
and resourced, specialized anti-corruption operating life of one year, with an option for
department in the AGO to investigate and an extension of an additional six months.
prosecute corruption;
ƒ Ensure that judges and prosecutors gain VI.Translation and Publication Unit
international exposure to anti-corruption Many of the laws of Afghanistan have been
best practices in other countries; and translated and made available in hardcopy
ƒ Develop and provide specialized training and electronic form, and are also available on
on the detection, investigation, websites. However, written educational and
prosecution and trial of corruption. training materials for more effective legal and
judicial education, both at the university level
IV. Juvenile Justice  and in continuing legal and judicial education
The juvenile justice system will be improved programs, are urgently needed. One of the
by: most serious education problems of the past 30
years has been the absence of books and other
ƒ Developing regulations, protocols, and written materials for judges to study to
manuals to implement the Juvenile Justice increase their learning and knowledge. Since
Code and international norms and these materials do not exist in adequate
standards on juvenile justice; numbers in original form in Dari, translation is
ƒ Developing a common approach to re- required, at least for the foreseeable future.
integration of juveniles with their families,
in cooperation with the Ministry of Social An abundance of written judicial and legal
Affairs; education materials exist in international
languages, and if the capacity exists to
ƒ Increasing the number of justice social
translate those materials, the information gap
service professionals with specialized
will diminish. Lack of books and training
training in juvenile issues; and
materials in the justice sector requires the
ƒ Improving and expanding juvenile justice establishment of a translation unit of highly
facilities and programs throughout the qualified translators, including individuals
country, with a special attention to non- with native Dari and Pashto skills, all of whom
custodial measures such as community- must be proficient in English (and some
based interventions. proficient in Arabic, Urdu, and other
languages as well). These translators will
V. Judicial Service Commission  translate documents from English and other
An independent advisory commission, languages to Dari and Pashto. The translated
composed of up to five eminently qualified documents will then be published for
persons, will evaluate the judiciary and make distribution to judges and court personnel to
recommendations for necessary raise their judicial knowledge and skills.
improvements. Areas of inquiry by this
commission will be judicial pay, conditions of HUMAN RESOURCE
employment, qualifications for appointment to
judicial office, standards for appointment and
DEVELOPMENT AND
transfer, judicial conduct and enforcement SALARIES
procedures, and reform of court practices. Human resource development strategies aim
Having an independent commission making
to establish a more professional and better-
recommendations, after providing an
performing justice sector workforce. The
opportunity for public and stakeholder input,
strategies focus on vocational education,
will enhance objectivity, credibility, and the
capacity development of administrative staff,
prospect of the adoption of its
recruitment, appointment and career
recommendations by Afghan institutions and
development, salaries and benefits, job
the receipt of necessary support from
international donors. descriptions and classifications.

10 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


A.  Expected Results  Salaries in the justice sector must be increased
if the most capable people are to be recruited
Within five years, the justice institutions will: and retained, and if progress is to be made in
the battle against corruption. The justice
1. Have recruited and promoted justice institutions will:
professionals on merit, based on
established policies and procedures, ƒ Implement new pay and grading systems;
including meeting the target of 30% of the and
professional staff being female;
ƒ Deploy at least 50 percent of all justice
2. Be paying their professional and other professionals recruited under new pay
staff recruited on merit according to and grading schemes to the provinces.
increased salary and grading scales; and
3.  Vocational Training 
3. Have developed and implemented
Vocational training of justice professionals is
institutional arrangements for vocational
essential to justice reform. The justice
training of judges and prosecutors, as well
institutions will:
as for continuing legal education.
ƒ Evaluate university curricula to determine
B.  Strategies  to  Achieve  preparedness of law and Shari’a graduates
Expected Results  for justice office, and also for service as
government legal officers;
1.  Recruiting and Promotion 
ƒ Evaluate existing justice training
To recruit qualified graduates, the justice programs, in order to determine the extent
institutions will: to which such programs have enhanced
ƒ Establish transparent, objective and merit- justice competence and capacity;
based recruitment and promotion policies; ƒ Assess and define vocational training
ƒ Adopt selection criteria requiring requirements for judges and prosecutors,
minimum levels of academic qualifications incorporating lessons learned and best
and professional experience; practices identified during evaluation
exercises;
ƒ Monitor graduates after appointment to
ensure that satisfactory progress is ƒ Design and implement training for
maintained through subsequent levels of educators at the INLTC and justice Stage
courses;
induction and vocational training;
ƒ Forge closer ties between legal educators
ƒ Develop and put in place a program of
at universities and elsewhere with foreign
continuous professional development
institutions and experts in vocational legal
consisting of practical on-the-job
training and adult learning methods;
experience and mentoring by experienced
personnel; ƒ Develop capacity of the INLTC, and
finalize arrangements for the justice
ƒ Develop and implement special access institutions’ use of INLTC or other
programs to overcome obstacles women facilities for training purposes;
experience in attending or being selected
ƒ Develop plans for improving access to
for legal education and training; and vocational education and continuing legal
ƒ In conjunction with the Civil Service education, with particular focus on
Commission, develop and implement a delivering training programs in regional
policy specifically for recruitment and facilities, so as to increase the participation
promotion of women. of provincial judges, prosecutors and
graduates, and in particular women in
2.  Salaries  training and stage courses;

IMPROVEMENT INSTITUTIONAL CAPACITY TO DELIVER SUSTANABLE JUSTICE SERVICES 11


ƒ Produce, publish, and disseminate national levels, and design improvements
manuals and other written reference to eliminate such gaps;
resources for judges, prosecutors and
ƒ Improve processes for managing and
other legal professionals; and
storing information, and begin
ƒ Develop and implement plans for training introducing new technology options for
justice professionals who do not have the electronic information systems;
formal qualifications required for the
ƒ Develop a recruitment and remuneration
positions they currently occupy.
strategy to attract qualified information
technology professionals to operate and
C.  Information  Systems  and  maintain new electronic information
Processes  systems that are introduced at the justice
institutions; and
1.  Expected Results 
ƒ Establish a clear communications strategy
Within five years, the justice institutions will: that explains new procedures and
technology to justice sector officials who
Have mapped in detail the processes linking will be responsible for implementing and
all justice institutions, and have streamlined working with information systems, and
them to improve information systems and train the justice sector work force on
business processes, with the aim of reducing newly introduced technology.
delays in processing of cases, administrative
costs and vulnerability to corruption. F.  Professional  Integrity  and 
Institutional Transparency 
D.  Strategies  to  Achieve 
Expected Results  1.  Expected Results 
If new job descriptions, roles, reporting and To improve both integrity within justice
management structures are to function institutions and enforcement of public
effectively, the operational functions of the integrity laws to combat corruption, within
justice institutions must be clearly understood five years the justice institutions will:
and intelligently designed. Mapping, review 1. ave determined their vulnerabilities to
and redesign of processes and practices will be corruption and established policies and
conducted at the same time as organizational procedures to eliminate such
restructuring to improve or eliminate vulnerabilities;
processes that cause delays, unnecessarily
increase costs, or provide opportunities for 2. Have published and disseminated codes
corruption. The justice institutions will assess of ethics and professional standards at the
their procedures and develop provincial level;
recommendations in the following phases: 3. Have trained 60 percent of all judges and
prosecutors on their respective ethics
ƒ Assess current institutional processes and
codes. Have arranged for curricula at
practices to identify gaps and design
university and Stage courses to
improvements, with a particular focus on
eliminating delay; unnecessary cost, incorporate ethics training;
opportunities for corruption; 4. Have worked in cooperation with the
ƒ Assess the information and Independent Bar Association to put in
communications gaps between place enforcement, oversight and
headquarters and provincial offices within disciplinary mechanisms, like ethics
each justice institution, and design panels;
improvements to eliminate such gaps;
5. Have established an easily accessible and
ƒ Assess the information and functioning public complaints system in at
communications gaps among justice least eight major provincial capitals with
institutions at the national and sub- clear processes for handling complaints.

12 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


2.  Strategies  to  Achieve  Expected  ƒ Establish ethics and integrity units that
Results  will develop training material for the
codes of ethics and will coordinate
All of the justice institutions are driven by a training. The units will also serve to
common goal to improve professionalism, provide confidential advisory services to
integrity and credibility. The objective is to guide justice professionals facing ethical
create accountable and transparent issues;
institutions, which is a precondition to public
confidence in the justice sector. To achieve this ƒ Establish enforcement (disciplinary)
objective, the institutions have identified a bodies in the three justice institutions to
number of common priorities, strategies, investigate, prosecute, and adjudicate
programs and techniques. claims of violations of proper ethical and
professional conduct. The mechanisms
ƒ Ethics and disciplinary procedures must will include appropriate rules to protect
be established through amendment and the rights of justice professionals accused
promulgation of laws and regulations, as of such violations. The Strategy of the
well as consideration of the use of Supreme Court envisage that the remit of
integrity testing and severe enforcement of existing inspection tours will be expanded
asset reporting. The implementation of the to include training on the judicial code of
UN Convention Against Corruption may ethics;
add other methods of administrative
monitoring of unjust enrichment of legal ƒ Establish procedures to enable lawyers,
professionals; prosecutors and judges to make
confidential complaints relating to
ƒ Ensuring the personal security of judges in corruption, unprofessional conduct or
particular, and other justice professionals; breaches of ethics.
ƒ Enabling the full implementation and
growth of professional associations, such C. Public Complaints System 
as the Afghan Prosecutors’ Association. The justice institutions will:
A. Vulnerability Assessments  ƒ Launch a pilot public complaints
To identify weaknesses in administration, the mechanism in select provinces for court
justice institutions will conduct vulnerability users that will involve representatives
to corruption assessments (VCA). The VCA from all criminal justice institutions and
should produce a set of recommendations that the Afghan Independent Human Rights
can be incorporated into a plan of action for Commission;
combating corruption. The institutions will ƒ Incorporate lessons learned from the pilot
establish units to oversee and monitor the program in the creation of a national
implementation of these action plans and public complaints system;
policies, and will incorporate the findings of
ƒ In designing the pilot and nationwide
the VCA into other institutional development
public complaints systems, pay particular
efforts, including in particular ethics training
attention to ensuring access to the system
for staff and establishment of a public
by illiterate complainants and vulnerable
complaints system. groups, including women; and

B. Ethics  Codes,  Training,  and  ƒ Launch a nationwide campaign to inform


Enforcement  and engage the public on issues of judicial
standards and conduct.
The professional ethics of judges, prosecutors
and lawyers need certainty in definition and D. Infrastructure, Transportation and 
enforcement. Each institution is drafting or has Equipment 
completed its respective code for ethics. This Competent professionals without
strategy calls for finalization, dissemination infrastructure, transportation and equipment
and implementation of harmonized ethics have limited capacity to deliver justice. Justice
codes in cooperation with the Independent Bar infrastructures are the service centers of
Association. The justice institutions will: justice.

IMPROVEMENT INSTITUTIONAL CAPACITY TO DELIVER SUSTANABLE JUSTICE SERVICES 13


The development of justice human resources b. Infrastructure  Development 
must be accompanied by justice infrastructure, Plans 
and the necessary tools (legislative and Each justice institution will prepare an
physical) with which to work.
infrastructure development plan and timetable
I. Expected Results including construction of headquarters and
centers at provincial and sub-provincial levels;
Within five years the justice institutions will:
as well as a transportation acquisition and
ƒ Complete an inventory of all deployment plan to address needs identified
infrastructure and transportation assets; in the inventory. Such plans should be built on
ƒ Establish a comprehensive nationwide the experiences of the last six years;
(regional, provincial and sub-provincial incorporating lessons learned and best
levels) infrastructure development plan practices, with particular emphasis on
with standardized design, prioritized and standardizing designs to increase efficiency.
sequenced for Supreme Court, MOJ and
AGO. Moreover, the plans should prioritize
ƒ Develop training materials and programs construction timetables so as to achieve the
for maintaining and managing facilities, maximum cost/benefit ratio.
transportation and equipment;
Infrastructure development for courts and
ƒ Construct new Supreme Court Building in
offices will be informed by the need to expand
Kabul; as well as new MOJ and AGO
the formal justice system throughout the
headquarters facilities;
country. Efforts will be made to continue
ƒ Constructed or rehabilitated justice integrating justice facilities where appropriate
infrastructure, including offices, courts, to reduce costs, facilitate access, expedite
prisons, and juvenile rehabilitation centers processes and improve security.
in all provinces;
ƒ Construct and maintain residences for The plans will forecast maintenance cost for
judges; and new construction and rehabilitation to
facilitate future budget projections.
ƒ Have sufficient transportation assets to
provide justice services throughout the c. Asset Management 
country.
Development of capacity to acquire, maintain,
II. Strategies  to  Achieve  Expected  and manage assets is a critical component to
Results  this strategy. The justice institutions will
establish dedicated units of trained and
The strategy aims to concentrate on providing qualified personnel to fulfill this need.
resources and infrastructure in areas where
demand is the greatest. d. New Headquarters 
New headquarters for each of the three justice
a. Inventory 
institutions will be constructed in Kabul. The
Before planning or construction of new headquarters will be designed with sufficient
facilities, justice institutions must assess their spare capacity to accommodate future need.
infrastructure needs. A pre-condition to any
such assessment is a comprehensive e. Construction  and/or 
understanding of the number of existing assets Rehabilitation  of  Existing 
Infrastructure 
and their state of repair. To this end, the justice
institutions will conduct a comprehensive Buildings need to be constructed or
inventory of all infrastructure assets, including rehabilitated to be ready for the deployment of
detention centers and prisons, indicating qualified professionals in areas of greatest
location, age, state of repair, and ownership demand. Priority in construction and
renovation should be given to the busiest
status.
courts, prosecutors and MOJ offices, as

14 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


determined by reported caseloads. To make a f. Residences  for  Provincial 
significant impact on the need in the first five Judges 
years of strategy implementation, at least 20 Construction of official residences for judges
courthouses should be constructed, and 40 will enhance security and provide an incentive
buildings should be renovated each year. for qualified justice professionals to transfer to
Priority will be given to constructing: firstly, provincial posts.
secure and safe provincial prison/detention
centers; secondly, juvenile rehabilitation g. Transportation 
centers; and finally, transitional housing and
shelters for women and children victims of Transportation allows justice professionals to
violence.2 expand the reach of their services. The justice
institutions will acquire vehicles for use by
justice professionals in the performance of
their duties. Priority will be given to
equipping those areas where there are no
permanent courts and other justice facilities.

2
Many of these are outlined in greater detail in the
National Action Plan for Women in Afghanistan
(NAPWA), which the institutions will implement.

IMPROVEMENT INSTITUTIONAL CAPACITY TO DELIVER SUSTANABLE JUSTICE SERVICES 15


16 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
CHAPTER 3  
GOAL NO 2: IMPROVED COORDINATION AND
INTEGRATION WITHIN THE JUSTICE SYSTEM AND
WITH OTHER STATE INSTITUTIONS

CURRENT STATE ANALYSIS establishment of the Interim Authority and the


establishment of the Parliament. In short, there
A.  Enhancing  Cooperation  in  is need for the approval of a large number of
laws.
the Legislative Process 
Prior to Parliament’s inauguration in B.  Poor  Quality  Legal 
December 2005, the Government passed laws Translation 
through approval by the Cabinet following
review and finalization by Taqnin. The MOJ The legislative process is also often delayed
then published the laws in the official Gazette due to lack of professional legal translators
and distributed them to national and and the lack of access to legal material in
provincial institutions and made them Afghanistan’s official languages. Further, long
available to the public. The MOJ also indexed delays in drafting and passing legislation have
the laws and posted them on its website been attributed to language limitations of
(www.moj.gov.af ). international experts, limited technical
drafting capacity of legislators and legislative
Since December 2005, the Parliament has been staff, and lack of explanatory notes
also proposing and drafting legislation, and accompanying laws presented for passage.
must approve all legislation however Legal translators are needed to ensure that the
originated. While the legislative process is legislative process may make best use of
now enriched by the involvement of the two international resources and expert advice.
houses of the Parliament, it has also slowed
down the process of passing laws. As a result, C.  Inadequate  Level  of  Higher 
key pieces of legislation await consideration Legal Education  
and approval by the Parliament. Further, more
than 700 legislative documents must be Similarly, the capacity of staff of the justice
reviewed to ensure their compliance with the institutions has suffered due to lack of
new Constitution and about 10 new laws alone adequate legal education and training.
must be drafted and enacted in order for University legal education provides the
Afghanistan to comply with its international foundation for the development of capable
legal obligations. and professional justice sector actors. The long
years of war have severely compromised the
The review and enactment of these laws are ability of universities to provide proper
required to ensure that the legal framework, education to students, many of whom have
including civil, criminal and commercial laws, joined the justice institutions after graduation.
will be put in place. These requirements are in Further, due to lack of sufficient supply of
addition to the laws required by various graduates, the justice institutions have been
agencies to fulfill their mandates and the fact forced to hire under-qualified staff. For
that the Parliament may wish to consider laws instance, 80 percent of prosecutors in
passed by the executive authorities between provinces are without university
2001 and 2005 – the period beginning with the qualifications, and two out of five judges have

IMPROVED COORDINATION AND INTEGRATION WITHIN THE JUSTICE SYSTEM AND WITH OTHER STATE INSTITUTIONS 1
not completed Stage training before assuming wasteful. To address some of these concerns,
judicial appointments. the government requires a coordinated
approach to training justice sector personnel.
The lack of access to the latest materials has Currently, materials used for training are
also limited Afghan professors’ opportunities being compiled and uploaded onto a website
to develop Afghan Legal scholarship. Over the www.afghanistantranslation.com. This and
last five years, support has been the INLTC as a central facility for continuing
disproportionately focused on Kabul
legal education and training will ensure
University’s Faculty of Law and Political
greater coordination of all training.
Science at the expense of similar faculties in
the rest of the country. Extending the
curriculum and other reforms and changes to LEGISLATIVE PROCESSES
date to all universities in the country needs to
be expedited. There remains much to be done A.  Legislative  Processes: 
to improve infrastructure and facilities,
especially library and technology resources in
Expected Results 
Kabul University and at other universities.
Within five years,
The division between the faculties of Shari’a
and Law and Political Science has meant that 1. The MOJ and Parliament will increase
there is a lack of core subjects common to both. cooperation to strengthen and enhance the
There is a need for greater harmonization of efficiency of the legislative process and
curricula so that graduates of both faculties clear the current backlog of legislation;
have knowledge of common foundational and systems will be improved so as to
legal subjects. Further, consideration should ensure increased efficiency and the
be given to establish post-graduate masters prevention of future backlogs;
program in law. The Independent National
2. Taqnin will be strengthened through
Legal Training Centre (INLTC) was
reforms and restructuring to enable it to
established by a presidential decree in 2007 to
more effectively carry out its legislative
enhance legal and professional knowledge of
duties;
the staff of the judicial institutions and
graduates of the faculties of law and Shari’a, 3. Translation capacity of the justice
and for continuing legal education. The institutions will be enhanced and regular
INLTC is an independent institution. All English language classes will be provided
justice institutions and the Ministry of Higher to relevant staff so that they can
Education are represented on the INLTC communicate and make use of legal
board and are already using it to conduct resources in English;
training. The INLTC provides a single
4. Taqnin will review the provisions of all
institutional approach to coordinate all
submitted drafts and revisions from the
remedial and vocational training.
perspectives of international human rights
instruments applicable to Afghanistan;
D.  Uncoordinated  Professional 
Training   5. MOJ will ensure timely publication and
distribution of laws to all state institutions
The last 5 years have witnessed an explosion and ensure their availability to the public;
in remedial vocational training offered by a
variety of donor implementers agencies with 6. Relevant institutions will conduct a
little systemization and less coordination. Up comprehensive and gender oriented
until 2006, it was not uncommon for the senior review and prioritization of civil, criminal,
management of the institution not to be aware and commercial laws that are required to
of the training being conducted. Complaints be enacted or amended to complete the
have been made regarding the usefulness of legal framework required by the
the training. Further, providing training Constitution;
without improving the working conditions in 7. All laws will be fully harmonized with the
which the newly trained professional is implementation requirements of the
expected to deploy the new skills may even be United Nations Convention Against

2 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Corruption, and other applicable ƒ The review will include assessments of
international treaties and conventions, areas where delays are occurring in
including the: passing legislation, and the reasons for the
legislative backlog;
ƒ International Covenant on Civil and
Political Rights, and the Optional ƒ Based on the findings of the review the
Protocol; Government and Parliament will develop
procedures for clearing the backlog of
ƒ Convention on the Elimination of All legislation and review classification of
Forms of Discrimination against legislation for agenda setting; and
Women;
ƒ Practice manuals will be developed to
ƒ United Nations Convention against improve awareness of the legislative
Transnational Organized Crime; process, including the mechanism for
ƒ International Convention on the agenda setting and tracking of legislation.
Elimination of All Forms of Racial
Discrimination; and 2.  Enhance Capacity of Taqnin  
ƒ International Covenant on Economic, Efforts will be made to ensure that Taqnin and
Social and Cultural Rights. the relevant Standing Committees of the two
houses of the Parliament have a smooth
8. By 2009 (1388), the new criminal exchange of information on draft legislations.
procedure code will be enacted and To improve Taqnin’s capacity to review and
published, and for its implementation revise draft and current laws, the MOJ with
training with written commentary will be relevant national and international partners
provided to all legal professionals, as well will:
as community legal education for citizens;
ƒ 8.By 2010 (1389), all laws, regulations, ƒ Conduct regular trainings for all
and other legal instruments will be professional staff of the Taqnin in, among
compiled, indexed, uploaded and others subjects, legislative drafting and
maintained on government websites, provide them with study-tours and
will be published and distributed to scholarships abroad to get comparative
state institutions at all levels, and will experience in legislative drafting;
be made available to the people ƒ Establish a well-equipped legal resource
nationwide; and center within the Taqnin to improve its
ƒ All government agencies and access to national and international legal
ministries will have improved materials and resources; and
technical capacity to draft and ƒ Review Taqnin’s organizational structure
propose non-discriminatory legislative (Tashkeel) and, if necessary, make changes
and regulatory instruments. to meet its expanding legislative and
advisory demands.
B.  Legislative  Processes: 
Strategies  to  Achieve  Expected  3.  Enhance  Technical  and 
Results  Translation Resources of the Taqnin 
Since draft laws are usually drafted within
1.  Removing  Back­Logs,  Government ministries and agencies, with the
Eliminating  Delays  and  Keeping  assistance of international partners, Taqnin
Legislative Agenda on Schedule  experts will conduct courses in cooperation
The Government and Parliament shall conduct with the INLTC to train and assist other
a comprehensive review of the legislative government institutions to streamline the
legislative drafting process. To enhance the
process, clarifying where necessary the roles
technical and translation capacity of the
and responsibilities of the relevant authorities
Taqnin, the MOJ with the assistance and
as follow:
support of the SC and AGO will:

IMPROVED COORDINATION AND INTEGRATION WITHIN THE JUSTICE SYSTEM AND WITH OTHER STATE INSTITUTIONS 3
ƒ Establish one or more training facilities for LEGAL EDUCATION AND
translation and will engage in cooperative
arrangements with the international TRAINING
community to develop Afghan legal
translation capacity for Taqnin, A.  Legal  Education  and 
Parliament, SC, and AGO; Training: Expected Results 
ƒ Establish one or more facilities and recruit
Within five years:
qualified language instructors in English
and other languages to develop Afghan 1. A harmonized core curriculum for both
language trainers’ competency in legal Shari’a and Law faculties will be
translation and interpretation; completed and launched;
ƒ Publish a compilation of legal 2. A masters’ program in law will be
terminologies in Dari, Pashtu and English developed;
to ensure consistency and expedite high
3. All new entry level prosecutors, judges
quality translation;
and government lawyers will have legal
ƒ Consider potential strategic partnerships qualifications from universities or other
with the Ministry of Foreign Affairs and institutions of higher education and have
Kabul University’s Language Training completed Stage (induction) vocational
Institute; and training offered in coordination with the
ƒ Support a shared long term goal to INLTC;
increase the English-language capacity of 4. Afghan law professors and law students
the three justice institutions to allow will have access to legal scholarship
access to internationally-available materials and resources and will have
materials. updated and modern (including
technological) research and teaching
4.  Improve  Publications  and 
facilities in all university law and Shari’a
Dissemination  of  Laws  and  faculties;
Regulations  
5. The percentage of female professors and
The MOJ will develop publications capacity to
female students will be raised to 30
disseminate and distribute legislation and
percent at faculties of Law and Shari’a,
legal instruments throughout Afghanistan.
and provide them necessary facilities and
The MOJ will also develop its printing
capability (either in-house and/or through remedial courses as necessary; and
out-sourcing) and build the necessary logistics 6. Formal arrangements and procedures for
and supply management needed to distribute partnerships, scholarships and other
legislation nationwide. This strategy has three linkages with foreign academic and
components to be carried out by the MOJ: vocational training institutions will be
concluded and operational.
ƒ Ascertain the government printing
requirements for legislation, and 7. INLTC will have expanded its activities to
determine sustainability of printing all fulfill its duties under the Presidential
government legal and legislative decree and, in addition to conducting the
documents; judicial stages, will have developed, in
ƒ Assess the adequacy of current consultation with the justice institutions:
distribution practices and resources with ƒ Curricula and promoted continuous
recommendations for improvement; and education for judges, prosecutors and
ƒ Develop a detailed plan and costing of legal officers; and
printing and distribution resource ƒ A national law library and legal
requirements, including staffing. archive for legal research.

4 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


ƒ Develop internship programs for law
B.  Legal  Education  and  students and career advisory services,
Training:  Strategies  to  Achieve  including job fairs and other activities
Expected Results   designed to introduce students to the
practice of law; and
The strategy for legal education and training is
informed by the sector strategy of the Ministry ƒ Link academic staff of the faculties of Law
of Higher Education. The justice institutions and Political Sciences and Shari’a with
aim to transition from a professional similar international academics to expose
workforce of mixed qualified and lay judges them to international best practices and
and prosecutors to a fully legally qualified international peers.
workforce. Remedial legal education will
continue to be provided to raise the 3.  Participation  of  Women  in  the 
competence of under-qualified officials. Legal Profession  
Consistent with the National Action Plan for
1.  Developing  Law  and  Shari’a 
the Women of Afghanistan (NAPWA) and the
Faculties  
Ministry of Higher Education’s strategy, the
A twofold strategy will be used by the participation of women students and teachers
Ministry of Higher Education and Kabul in both Law and Shari’a faculties will be
University, in collaboration with the INLTC increased through:
and justice institutions, to further develop the
curricula of the faculties of Shari’a and Law as ƒ Development of incentive mechanisms,
follows:
such as foundation courses for women
ƒ Completing the development of the new and providing female dormitories for
curriculum of the faculties of Law and women coming from provinces;
Political Sciences and Shari’a in Kabul ƒ Designing and implementation of
University in collaboration with relevant
affirmative action programs by SC, MOJ,
faculties of other universities in the
AGO and Ministry of Higher Education to
country; and
encourage women’s entry into and
ƒ Developing core curricular subjects for retention in the legal profession, including
both Shari’a and Law and Political Science a special Stage for women judges,
faculties.
prosecutors, lawyers, and special remedial
training programs; and
2.  Enhancing  Law  Teachers’ 
Capacity  ƒ Creating linkages of formal legal
To improve the capacity of Law teachers and education to career development for
students, the justice institutions will work government legal professionals.
with the Ministry of Higher Education and the Capacity of future Afghan academics and
INLTC to: vocational trainers will be enhanced by
exposure to foreign professionals, legal
ƒ Upgrade resources and facilities at the education and legal institutions in other
faculties of Law and Shari’a at Kabul countries.
University to improve the knowledge base
of academics and students; The justice institutions will implement this
ƒ Introduce the changes to other faculties of strategy by:
Law and Shari’a throughout the country; ƒ Exploring relationships with a view to
ƒ Design and implement a new post- technical and exchange partnerships with
graduate masters program in law in foreign legal training establishments – for
accordance with the strategy of the example, in France and in Egypt.
Ministry of Higher Education;
ƒ Carry out student development by
establishing and sustaining law journals;

IMPROVED COORDINATION AND INTEGRATION WITHIN THE JUSTICE SYSTEM AND WITH OTHER STATE INSTITUTIONS 5
ƒ Developing a policy of academic and mechanisms to establish institutional capacity
vocational exchanges to secure and for legal research. In particular, the MOJ will
promote scholarships and expand its library while the INLTC will
exhibitions/fellowships for promising establish a modern library with internet
Afghan legal professionals, in conjunction research capabilities to provide facilities to
with the Ministry of Higher Education,
legal professionals and the public to conduct
and the justice institutions. Special
legal research.
attention will be paid to provide
opportunities for women to participate in
study abroad. Further, examples and best practices in other
countries will be taken into consideration to
4.  Establishing  Institutional  provide legal research facilities in provincial
Capacity for Legal Research  capitals.
To improve and enhance the knowledge of the
(For detail please see Annex I Policy actions
legal system, the justice institutions will create
Matrix)

6 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


.

CHAPTER 4  
GOAL 3: IMPROVED QUALITY OF JUSTICE
This goal seeks to improve processes and violation of mandatory statutory timelines
practices in the justice institutions, and will requiring release if they are exceeded, while
facilitate citizens’ access to quality justice many more remain incarcerated after their
services. Victims, witnesses, accused persons, sentence has been completed. Women, in
civil litigants and other constituents of the particular, are detained and prosecuted for
justice system should also have sufficient alleged offenses like “home escape” that are
knowledge of basic legal information to access
not provided for in the Penal Code. A further
quality justice.
challenge is that the detection, investigative
and prosecution tactics most often utilized by
CRIMINAL JUSTICE police and prosecutors tend to rely on illegal
confessions and police reports as the principle
A.  Summary  of  the  Current  evidence produced before the court against
State of Criminal Justice:  the accused person. In addition, the applicable
criminal procedures, including advisement of
Since 2001, the criminal justice system has
rights, provision of counsel to the indigent and
made tremendous progress. Some of the major
defense presence and questioning of
achievements include: reconstituting the AGO,
investigation witnesses and experts, are in
promulgation of an interim criminal
procedure code, police law and counter- many cases not followed in trials. Most
narcotics law, creating the Criminal Justice importantly, in most cases the accused person
Task Force (CJTF) to combat narcotics, is not represented by counsel.
specialized and on-the-job training for judges,
prosecutors and defense attorneys, re- Given this situation, the key challenge for the
establishing the induction “Stage” vocational justice institutions is how to put in place an
courses for judges and prosecutors, reforms in effective, fair and efficient criminal justice
prisons and juvenile rehabilitation centers, and system with the limited resources available
the Ministry of Interior. The Ministry of that puts the people involved -- men, women,
Interior/Attorney General’s Office and juveniles as suspects, accused, victims,
Commission has been established to facilitate and witnesses -- at the centre of the process.
and implement police-prosecutor
collaboration and coordination in B.  Criminal  Justice  System: 
investigations. At least ten non-profit Expected Results  
organizations now provide legal services for
the defense of indigent suspects and accused Within five years:
persons.
1. Protection of the Rights of the Accused:
In spite of these achievements, however, many No suspects or accused persons will be in
challenges remain. One major challenge is the detention or incarceration without lawful
lack of clarity about the roles and charge and being informed of the charges
against them, and never without
responsibilities of and among the institutions,
authorization of a competent authority.
and the relatively weak coordination
mechanisms between them. Another challenge 2. Administrative Reform and Transparent
is the many cases of arbitrary and illegal pre Process: The SC, MOJ, AGO, police and
and post trial detention. Many Afghans are NDS will take necessary measures to
detained without charge others are detained in implement information management

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 1


systems to better coordinate their A professional and competent prosecution and
functions and activities. This will include judiciary will:
strengthening and fully integrating case
management, tracking, and operating ƒ Provide the necessary laws and legal
system with efficient reporting instruments effectively to conduct trials
components deployed in at least eight and deliver justice;
major provinces;
ƒ Publish and disseminate the criminal laws
3. Full Implementation of Juvenile Justice and procedures, and prosecutorial and
Reform: Juvenile Justice Code judicial practices and procedures,
implementation will have resulted in including specific information regarding
regulations being promulgated and individual cases;
applied, juvenile justice professionals
being trained in all justice institutions and ƒ Provide professional development of the
juvenile justice facilities in at least eight prosecution and judiciary by improved
major provinces; and comprehensive “stage” courses and
continuing professional education through
4. Sentencing Reform: A comprehensive specialized training of experienced judges,
review of sentencing laws and policies prosecutors and attorneys;
will have been completed and
recommendations for improving penal ƒ Develop administrative tools to clear the
and sentencing system prioritized; backlog of cases and increase efficiency
with improved case management systems
5. Victim/Witness Protection and Enhanced (both manual and automated) and
Security: Efficient and effective systems improved training for judges, court
will be in place for protecting and officials and prosecutors in investigative,
assisting victims and witnesses, and trial, and appellate case management;
managing evidence, in at least eight major
provinces; and ƒ Improve oversight and monitoring of case
management to ensure that crime is
6. Media Access and Public Information:
promptly investigated, accused are
Effective public awareness campaigns will
provided with prompt and fair trials,
have been conducted across the country to
convicted persons serve their lawful
improve the knowledge of victims,
witnesses, defendants, and the general sentences, and are released when their
public regarding their rights and sentence is served.
responsibilities and how to access the ƒ Increase public access to trials of criminal
criminal justice system. cases by ensuring that judges and
prosecutors comply with the
C.  Criminal  Justice  System:  Constitutional requirements for public
Strategies  to  Achieve  Expected  proceedings.
Results  
2.  A  Coordinated  and  Well­
Victims of crime, witnesses, suspects, accused, Structured Criminal Justice System  
civil litigants, or simply ordinary citizens need
to know which governmental agencies are To provide for greater coordination within the
responsible for protecting their safety and criminal justice system overall, the justice
their constitutional rights. This strategy aims institutions will:
to build a criminal justice system that will be
accessible to all citizens equally and fairly; and ƒ Improve policy and operational
function reliably, promptly, and honestly. In coordination by expanding formal inter-
order to achieve this goal, the quality of justice institutional coordination mechanisms
provided by the Government of the Islamic such as the joint MOI-AGO Commission
Republic of Afghanistan must be improved in at national and sub-national levels;
specific ways.
ƒ Strengthen and integrate centralized
criminal justice information and
1.  Necessary  Preconditions  for 
management systems at all levels.
Provision of Access to Quality Justice  

2 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


ƒ Develop and adopt standard operating curriculum for public education at all
procedures to standardize operational levels.
practices within and between justice
ƒ Provide timely and regular public notice
institutions.
of judicial proceedings and widely
disseminate the results of those
3.  A  Victim  and  Witness  ­ 
proceedings;
Sensitive Approach 
To further the protection of the individual D. Sentencing and Corrections3
within the justice process, justice institutions The SC, MOJ, and AGO, with the support of
will adopt a victim and witness-sensitive the MOI, and the National Directorate of
approach to improve public confidence in the Security will develop corrections policies for
system. This approach includes: male and female adults and for juvenile
detainees and convicted offenders. Such
ƒ Reviewing and reforming Afghan policies will incorporate international
criminal procedure, to incorporate modern standards for the treatment of prisoners and
victim/witness protection and support maintenance of humane conditions of
practices and to facilitate victim and confinement.
witnesses in coming forward and giving
evidence; 1.  Detention,  Juvenile 
ƒ Establishing a special division at the AGO Rehabilitation and Prisons Reform 
to support victims and witnesses, and to
provide information and assistance;
To build upon the successes in corrections
ƒ Encourage the establishment of
over the past six years, the following actions
nongovernmental organizations engaged
will be undertaken to achieve reform. Led by
in the support of and assistance to victims
MOJ, the justice institutions will:
of crime and vulnerable witness;
ƒ Assisting, in particular, victims of crimes ƒ Conduct a comprehensive survey and
of violence (including domestic violence), assessment to determine the frequency of
through collaboration by the AGO with detainees being held unlawfully without
the Ministry of Women’s Affairs and the charge or indictment;
MOI to provide security during all phases
ƒ Conduct a comprehensive survey and
of the process;
assessment to determine the frequency of
convicts who remain incarcerated
4.  Increased Public Confidence in 
unlawfully after having served the
Criminal Justice Institutions  entirety of their prison sentence;
The SC, MOJ, and AGO will develop the
ƒ Implement inter-institutional policies that
following capacity to increase public
will prevent unlawful detention;
confidence in the justice system:
ƒ Classify and segregate prisoners according
ƒ Support and protect witnesses and victims to appropriate risk and security factors;
of crime throughout the criminal justice
ƒ Review and improve regulations and
process. The AGO and the police, in
standard operating procedures governing
particular, will support shelters and safe
the treatment of prisons and the
houses for victims of domestic violence
maintenance of human conditions of
and other serious offenses;
confinement;
ƒ Encourage press coverage of justice
ƒ Train corrections professionals on prison
proceedings, public attendance at those
regulations and standard operating
proceedings, and general public
procedures. In addition, establish a
understanding of the process at each stage
of such proceedings. The justice
institutions should encourage and 3
Overhauling the detention and sentencing system will
participate in the development of outreach necessarily take time and may be beyond the timeframe
programs within civil society including of this strategy.

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 3


monitoring and evaluating system for ƒ Develop a program to implement the
implementation of those procedures; provisions of the Juvenile Code on non-
custodial sentences for juveniles.
ƒ Assist and support the Afghan
Independent Human Rights Commission
to fully enable it to report on prison CIVIL JUSTICE
conditions and the humane treatment of
prisoners; Improving access to quality civil justice
requires making the courts and MOJ easier to
ƒ Conclude protocols and arrangements use for litigants and witnesses, with particular
with Ministry of Social Affairs to provide concern for:
appropriate assistance to offenders from
the early stages of their confinement ƒ Illiterate persons, the poor, women, and
through to their re-integration into society; others with disabilities who need judicial
ƒ Strengthen prisoner rehabilitation resolution of civil disputes;
programs throughout the prison system; ƒ Providing simplified access to the courts
and for citizens wishing to challenge the
ƒ Develop and implement policies and exercise of authority by government
regulations to optimize the use of Open agencies;
and Closed Centers with the aim to ƒ Providing simplified access to courts for
promote an effective rehabilitation of citizens seeking resolution by
children in conflict with the law regardless simplification of legal documentation.
of their charges, and with special attention Such documentation is critical to the
to non-custodial measures such as exercise of a citizen’s constitutional rights
community based interventions. from birth, to identity, to marriage and
beyond.
2.  Non­Custodial  Sentencing  and 
Penal Reform  ƒ To organize and regulate decisions of
informal justice mechanism through
The justice institutions as coordinated by MOJ drafting a policy and determining rules
with other stakeholders4 will examine options and principles governing the decisions.
for longer-term penal reform alternatives to
detention and imprisonment. In the interim, A.  Summary of Current State of 
existing alternatives to prison will be Civil Justice 
enhanced as follows:
The Justice Sector in Afghanistan has made
ƒ Establish simplified sentencing guidelines significant progress in civil justice over the
for minor offenses; past six years. In addition to the passage of
major commercial legislation and the training
ƒ Develop new options and improve
of judges and Huquq officers, a new case
existing mechanism for enforcement of
management system (ACAS) has been
non-custodial sentences; include
developed for the courts to administer
systematic collection of fines, confiscation
criminal and civil cases. More than 300 judges
of assets, non -custodial supervision, and
have completed at least one of a number of
court ordered destruction of contraband
special training courses on civil and
such as narcotics;
commercial law since 2003.
ƒ Develop appropriate and Constitutional
methods, in addition to the public Various legal identification document reforms
appropriations process, to fund justice have been completed, most notably a new
operations (particularly courts and legal marriage certificate approved by the Supreme
aid), and to create and finance a victim’s Court.
compensation system; and
Challenges in the civil justice system include
the complexity of the system for users, the
4
Ministry of Finance, Ministry of Interior and length of the process before a judgment is
National Directorate of Security.

4 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


rendered and the difficulty in enforcing
judgments.
C.  Civil  Justice  System 
Strategies  to  Achieve  Expected 
The most significant challenge for the justice Results 
institutions in the delivery of civil justice is
how to provide civil justice dispute resolution The SC and the MOJ will:
and documentation services in a cost effective,
ƒ Strengthen and simplify the respective
fair and sustainable manner.
roles of the Huquq and Courts through
development of regulations and greater
B.  Civil  Justice  System:  public awareness;
Expected Results  ƒ Establish mechanisms to enable the
efficient and effective transfer of files,
Within five years:
evidence, responsibility, and decision-
1. Implementation of Administration making authority between the Huquq and
Reform: The Supreme Court will primary courts by:
implement a more efficient court case
1. Clearly defining the transfer of
administration and management and
authority and responsibility for
updated regulations will be introduced in custody of files; and
the eight major regions. (In particular
land, commercial and family cases will be 2. Simplifying the protocol system for
easier to file, litigate, track, and enforce); efficient daily relations between the
Courts and MOJ, and between justice
2. Reforming the Traditional Dispute institutions and other agencies.
Resolution Mechanisms: The government
ƒ Improve mechanisms to promptly enforce
will develop a policy to reform the
judgments to maintain confidence in the
traditional dispute resolution mechanisms;
formal civil justice system.
3. Updating of Laws, Practice and
Procedures: Laws, judicial practices and 1.  Judicial  Case  Administration 
practices for enforcing judgments will be Reform 
updated and standardized to conform The Supreme Court will reform its courts’ case
fully with Constitutional requirements administration system by:
and international commitments;
ƒ Strengthening and updating its case
4. Simplification of Processes: Simplified management and filing system;
processes for production, certification, ƒ Developing a pilot computerized database
storage and dissemination of documents based on the paper-based system, as the
for legal identity and entitlement, system strengthens;
including deeds, birth and death
ƒ Simplifying operating procedures for case
certificates, marriage contracts and
intake, management and disposition to
certificates will be promulgated by the
ease access to the process for all citizens;
courts and Government; and
ƒ Investigating the feasibility of deploying
5. Commercial Courts: The commercial court mobile courts in areas where there is
system will be expanded, modernized and currently no effective judicial presence.
staffed with adequately trained judges
and ancillary service providers such as 2.  Court  Case  Administration: 
bailiffs and receivers. Commercial Courts 
The Law of Organization of Courts mandates that
primary commercial courts be established in
every provincial centre. Currently, primary
commercial courts function in only two of the
eight zones in the country, namely Kabul and

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 5


Mazar. The Supreme Court will therefore eliminate bias and discrimination against
implement the law in two phases: women as provided by the Constitutional
and international standards and
ƒ The first phase will introduce six conventions applicable to Afghanistan.
additional commercial courts, one in each
of the remaining zones; 5.  Civil Processes and Procedures 
ƒ The second phase will increase the A. Dispute  resolution  by  the  courts. 
number and capacity of qualified The courts will: 
commercial court judges with
ƒ Review the civil justice process including
specialization in the areas of banking,
the Civil Procedure Code with a view to
energy, corporate and bankruptcy law. In
simplification, gender sensitization and
addition, the courts will develop practical
modernization;
and efficient procedures for resolving
small commercial claims. ƒ Modernize the Law on Obtaining Rights
(enforcement of judgment procedure) that
3.  Court  Case  Administration:  may necessitate some changes in civil
Land Disputes  procedure that takes into consideration
the article 22 of the Constitution (equality
The SC and the MOJ will develop the capacity
of the courts to resolve land disputes through before law).
the following steps that will facilitate the B. Disputes  Resolution  outside  the 
formalization of rights to and over land: Court 
ƒ The Supreme Court will develop judicial I. Formal  Dispute  resolution  by  the 
capacity in property dispute resolution Huquq department of MOJ, it will: 
and increase the number of judges trained ƒ Enhance its capacity to conciliate and
in this area, initially in the eight major mediate private disputes through training
regions and thereafter in other provinces; and the production of manuals on
ƒ The Courts and MOJ will encourage jirgas conciliation and mediation;
and shuras to record decisions in disputes
ƒ Expand its conciliation and mediation
related to land to facilitate the formal
services;
resolution of land disputes;
ƒ Increase its presence and performance in
ƒ The MOJ will improve the capacity of its
Government Cases Department to litigate provinces and districts in close
cases involving government land through relationship with recruitment and
training and improved procedures. infrastructure development.
II. Informal Dispute Resolution  
4.  Court  Case  Administration: 
Family Courts  Traditional (Informal) dispute resolution
mechanism is one of the ways of access to
Strategies for improving the competence of justice. This mechanism, which is known as
family courts shall include:
Jirga and council, has a historical background
in Afghanistan and currently people refer to
ƒ the development of judicial procedures to
address the special needs of families and this system to handle their disputes. At the
family disputes, including preserving the same time, informal justice has caused to
property and inheritance rights of women violate individuals’ rights also; so, in order to
and children; respect rights, litigants should abide by some
standards and principles while proceeding
ƒ The Government including
their cases; it means, proceeding a case
representatives from the Ministry for
through council should take place with the
Women’s Affairs and interested national
agreement of litigants without any kind of
and international stakeholders will review
discrimination and should not be criminal
the provisions of civil procedure and the
civil code relating to divorce, child issues and decisions of Jirgas/councils should
custody, and conditions for marriage to not be inconsistent with Islam, Constitution

6 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


and Human Rights. To better utilize the The courts and the Government will provide a
informal justice mechanism, the Supreme critical public service of legal documentation,
Court, Attorney General’s Office and Ministry certification and authentication and seek to
of Justice, as coordinator, will assess the improve these services as follows:
informal justice mechanism and by drafting a
policy, they will determine the priorities of ƒ The Government will assess these services
using this mechanism. These priorities are to provide increased value and greater
consisted of the followings: access to legal identity documents for
citizens;
ƒ To widely conduct public legal awareness ƒ The courts will standardize and index
programs to explain working framework, legal identification documents and
limitations and standards that should be procedures, including:
abided by in the informal justice
mechanism proceeding; 1. Simplifying the process of certifying
and registering such documents;
ƒ To provide manual explaining standards
fair proceeding, constitution principles, 2. Developing special services
Islamic Rights and International Human specifically to help non-literate users
access legal identity documentation;
Rights for decision makers of Jirga and
councils. 3. Establishing a sex and age
disaggregated pilot electronic storage
ƒ To collect information about balance and
and retrieval system.
way individuals have access to the Jirga
and council with gender recognition. ƒ Justice institutions will coordinate and
collaborate in producing, printing, and
ƒ Besides Jirga and council, other disseminating all public documents, forms
institutions like provincial council, district and other instruments required, issued by
council, local development council and or registered with justice institutions to be
council of religious leaders are also easily available to the public in at least
permitted to handle informal disputes eight major provinces.
resolution.
8.  Commercial Courts 
ƒ To assess decisions of Jirga and council so
Published and accessible judicial decisions,
that should not be inconsistent with Islam, consistent and predictable judicial decision
Human Rights and Constitution. making, enforcement of judgments, and the
availability of ancillary service providers, such
6.  Enforcement of Judgments  as bailiffs and receivers, either require creation
The MOJ will, in conjunction with Parliament: or strengthening. In addition, Afghan
commercial court judges do not receive the
ƒ Update the Law on Obtaining Rights to necessary training or acquire the necessary
enhance and streamline processes for commercial expertise to adequately deal with
enforcement of judgments. Enforcement the myriad of commercial transactions and
procedures need to include, among other potential legal disputes that may come before
methods, a mechanism for freezing bank the commercial courts. An assessment of the
accounts and conducting post-judgment commercial courts system has been completed,
and training programs for commercial courts
discovery of assets;
judges will commence in the coming weeks.
ƒ Assess how the law is currently applied, However Article 45 of the Law of the
including the roles played by the MOJ and Organization and Authority of the Courts of
other relevant authorities with a view to the Islamic Republic of Afghanistan provides
increasing efficiency. for the establishment of a commercial court in
every province.
7.  Legal Documentation 

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 7


Currently, only four commercial courts are The legal aid system needs to include civil
functioning in Afghanistan, including two representation to ensure that women and
courts located in the national capital. children’s economic and social rights are
Accordingly, as the first phase, six additional protected as required by the Shari’a,
commercial courts will be constructed and constitutional and international human rights
professionally staffed in order for the Afghan law. The challenge for the justice institutions is
commercial courts to begin functioning with to provide access to justice for indigent,
the efficiency, transparency, and predictability vulnerable and disadvantaged persons.
required by the international private sector.
B.  Legal  Aid  and  Awareness: 
LEGAL AID AND LEGAL Expected Results 
AWARENESS Within five years, the justice institutions in
conjunction with other justice-related
Access to justice information, materials and institutions, such as the Ministry of Women’s
advice is integral to citizens’ proper use of the Affairs, Afghan Independent Human Rights
criminal and civil justice system. commission and civil society will:

A.  Summary of Current State of  1. Establish a fully operational Independent


Legal Aid and Awareness  Bar Association (IBA);

A variety of legal aid and legal awareness 2. Establish a comprehensive administrative


programs have emerged since 2001. There are system for legal aid, with special attention
now at least 170 legal aid lawyers working for to ensuring women’s access to legal aid;
approximately ten legal aid organizations. 3. Fully establish a unit in the MOJ
Moreover, a department of legal aid provides responsible for monitoring human rights
legal aid in criminal cases through 19 staff across the Government;
lawyers. Pursuant to the new Advocates Law,
this department is in the process of being 4. Continue and expand current legal
transferred from the SC to the MOJ. awareness and legal literacy programs
alongside expansion of resources and
Legal awareness programs and supporting deployment of personnel. This will
systems – such as shelters for victims of include development of legal awareness
domestic violence – are a welcome programs on:
development. The creation of Family Response ƒ rights and responsibilities of the
Units at the Ministry of Interior to facilitate women, men and the justice
and encourage intake and reporting of crimes institutions, and
against women and children are among the
ƒ how the formal justice system works
proactive developments in improving for Afghan citizens;
community based policing and legal
awareness. The recently enacted Advocates Law C.  Legal Aid and Legal Awareness: 
demonstrates the government’s commitment
Strategies  to  Achieve  Expected 
to improving access to justice by expanding
legal aid and establishing a independent bar
Results 
association.
1.  Establishing  the  Independent 
Despite these achievements, much remains to
Bar Association 
be done. Legal aid organizations, though As required by the Advocates Law, the MOJ
active in 20 of the 34 provinces represent only will support the establishment of the Bar
a small fraction of those accused of crimes. The Association within three months of the
Family Response Units experience difficulty December 2007 (1386) enactment of that law to
enhance the professionalism, competence, and
recruiting women police officers and other
credibility of the legal profession. The MOJ,
qualified staff. There are too few shelters for
with the support of international partners, will
women victims.

8 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


provide interim support to the Bar Association 4.  Coordinating  Legal  Awareness 
during its inception as follows: Programs  and  linking  them 
with Institutional Presence 
ƒ Drafting provisional by-laws, which will
include provisions for the IBA’s The MOJ will develop and coordinate a legal
organizational structure and operating awareness strategy by:
procedures;
ƒ Identifying those who use the justice
ƒ Helping to develop accreditation system and the particular access to justice
procedures, licensing requirements, and a needs of each user;
code of professional conduct for members;
ƒ Improving legal awareness by tailoring
ƒ Enhancing awareness of the Advocates messages to the intended audience using
Law, and encouraging unregistered all appropriate national and local media;
advocates, especially those living in the
provinces, to register. ƒ Providing low-cost or free legal services to
indigent defendants;
2.  Establishing  the  Legal  Aid  ƒ Bringing justice institutions to the people
System  by making information available about
To implement the Advocates Law, the MOJ will locations of justice institutions to improve
establish a legal aid system to provide legal access.
representation for indigent defendants in all The legal awareness program will:
provinces. This will require the MOJ to:
ƒ Be designed to reach illiterate or semi-
ƒ Review existing legal aid needs literate persons, using various means of
assessments, consult with national and communication, such as radio and
international partners involved in legal television broadcasts, educational movies,
aid, and evaluate and select the most billboards, and workshops;
suitable legal aid system for the country;
ƒ Target local elders involved in informal
ƒ Coordinate with the Ministry of Higher dispute resolution to raise their legal
Education to ensure the supply of awareness;
qualified defense lawyers;
ƒ Provide Afghans with information
ƒ Implement public awareness campaigns to pertaining to their legal rights and
promote legal aid services as they become obligations and with an emphasis on
available throughout the country. The human rights, particularly as they pertain
campaigns will especially target justice to women and children;
officials emphasizing the key role of
defense lawyers in the justice system. ƒ Publish important decisions and
directions from the courts, AGO and
3.  Establishing  a  Human  Rights  Ministry of Justice;
Unit in the MOJ  ƒ Be regularly monitored and evaluated for
Despite recent progress in efforts to promote effectiveness and coverage.
human rights throughout the country, many
problems remain. Protection of the human 5.  Transitional Justice 
rights of individuals remains weak. Poor The Government’s Action Plan for Peace,
governance, insufficient government Reconciliation and Justice in Afghanistan
compliance with legal rules, and widespread acknowledges that any mechanism for
lack of transparency endanger human rights. building peace and justice must be carried out
To promote consistent protection of human with the active and meaningful participation
rights and the rule of law, the MOJ will of all national stakeholders, including the
establish a human rights unit, which will be justice institutions. In relevant sections, the
responsible for monitoring human rights Action Plan for Peace and Reconciliation
across the government. requires:

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 9


ƒ Development of an inclusive strategy for including developing specialized capacity, to
the general reform of the justice sector implement the Action Plan for Peace and
(judges, prosecutors, police, corrections Reconciliation as follows:
and defense counsel), to ensure the
establishment of a fair and effective justice Screening applicants during the recruitment
system and to prevent patterns of human and appointment process for judges,
rights abuses of the past from being prosecutors and MOJ professionals for prior
repeated; abuses of human rights; and providing
oversight and interpretation of the law
ƒ Draft legislation on the recommended
concerning appointments to public office;
truth-seeking mechanism to be presented
to the National Assembly; ƒ Assisting other agencies and civil society
ƒ Appropriate measures be taken to organizations, notably Afghanistan
implement the objectives contained in the Independent Human Rights Commission,
Action Plan; and in the collection and preservation of
evidence of past and or continuing abuses;
ƒ Conditions for fair and effective justice
procedures be established in accordance ƒ Assisting victims of abuse to access their
rights in the justice system;
with the principles of the sacred religion
of Islam, international law and transitional ƒ Assisting, where appropriate,
justice. investigations and prosecutions being
conducted outside Afghanistan on abuses
The justice institutions are fully committed to
committed in Afghanistan or by Afghans;
peace, justice and reconciliation.
and

The justice institutions in general and the MOJ ƒ Drafting legislative documents, as
in particular will take measurable steps, necessary

10 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NATIONAL
JUSTICE PROGRAM
PART I

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 11


12 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
NATIONAL
JUSTCE PROGRAM
NATIONAL JUSTCE PROGRAM

NATIONAL JUSTCE Sector Reform Project in the “investment


window” of the Afghanistan
PROGRAMBACKGROUND Reconstruction Trust Fund (“ARTF”),
administered by the World Bank;
A.  Rome  Conference  and  Post­
ƒ An agreement to establish a Provincial
Rome Commitments  Justice Coordination Mechanism (“PJCM”)
At the July 2007 Conference on the Rule of to enhance coordination of assistance to
Law in Afghanistan (the “Rome Conference”) the justice sector and rule of law reform in
the Afghan Government and the international the provinces, and commitments from five
donor community reached a consensus on the donors to fund the PJCM;
strategic way forward for justice sector
ƒ New funding pledges totalling
development, setting into motion a series of
approximately U.S. $60 million (some on
steps to consolidate a National Justice Sector
multi-year basis)6; and
Strategy (“NJSS”) and to create a National
Justice Programme (“NJP”) for its ƒ A commitment by the Government to
implementation.5 develop a process that will link donor
programmes and commitments expressed
At the conclusion of the Rome Conference, at Rome with Government priorities in the
participants had reached consensus on a justice sector.
number of key issues, which included:
B.  Developments  Prior  to  the 
ƒ A consensus on the need to elaborate a
Rome Conference7 
National Justice Sector Strategy, which
will consolidate the individual strategies The Bonn Agreements of December 2001,
presented by the justice institutions at the which authorized the creation of the Afghan
Rome Conference; Interim Administration, highlighted, among
other key objectives, the importance of
ƒ An agreement to implement the National
reforming the justice system. The stated goal
Justice Sector Strategy through the
of these efforts was to rebuild justice sector
National Justice Programme with short,
institutions in accordance with Islamic
medium and long term goals to be
principles, international standards, the rule of
developed in conjunction with the World
law and Afghan legal traditions.
Bank and international partners;
ƒ An agreement to fund the National Justice In an effort to support justice sector reform,
Programme in part by developing a Justice the Bonn Agreement called for the creation of
a Judicial Commissions, which was later
renamed the Judicial Reform Commission
5 For ease of description, the Supreme Court, MoJ, and (“JRC”). The JRC reviewed existing rule of
AGO have come to be referred to as “justice
institutions,” combining to constitute “the justice
sector.” However, this reference to the “justice sector” is
not intended to suggest that the Supreme Court is part of 6 In addition, previous unearmarked pledges were
the executive branch of government. Under article 116 earmarked for the justice sector.
of the 2004 Constitution, the judicial branch, under the
7
leadership of the Supreme Court, is an independent See “An Assessment of Justice Sector and Rule of
organ of the state, separate from, but equal to the Law Reform in Afghanistan and the Need for a
executive and legislative branches of the state. The Comprehensive Plan,” paper presented at the
independence of the judiciary, although not referenced in Rome Conference by the International Institute of
every section of the NJP, is fully acknowledged. Higher Studies in Criminal Sciences (“ISISC”).

NATIONAL JUSTICE PROGRAM 13


law institutions, proposed various reforms Afghan government and the international
and facilitated international support. It had community involving specific goals, concrete
only limited success and was dissolved in benchmarks and timelines for achievement
mid-2005. based on the I-ANDS.

In early 2003, the Justice Sector Consultative The event also created the Joint Coordination
Group (“JSCG”) was established as a means of and Monitoring Board (“JCMB”) designed to
integrating the efforts of the Government, monitor progress towards the achievement of
donor nations, UN agencies and the key benchmarks within the compact by 2010.
international community more generally. The In the justice sector, these benchmarks include:
JSCG is chaired by the Ministry of Justice and,
completing the development and
while it has facilitated communication among
implementation of the legal framework
its members, it has been unable to create and
implement a broad strategy for rule of law envisioned in the constitution; reforming all
reform. key justice sector institutions to ensure
“professionalism, credibility and integrity”;
In response to the slow progress of justice rehabilitating all prisons; ensuring that all
sector reform, the “Justice for All” plan was justice sector institutions are fully operational
produced and approved by the Afghan in every province; and implementation of all
government in October 2005. The objective of mechanisms of oversight to combat corruption
“Justice for All” was to prepare a broad
and protect against due process violations.
program with detailed institutional needs,
benchmarks, costing and short, medium, and
ANDS justice sector reform builds on the
long-term timelines. The “Justice for All” plan
set as its goal an “affordable and sustainable vision elaborated in the Justice for All
justice system that…is accessible to all program. The framework includes an advisory
Afghans…[and] conforms with minimally Rule of Law Working Group, as well as six
accepted quality standards” which included thematic sub-groups on: Law Reform; Justice
improved links with systems of informal Institutions and Judicial Reform; Justice
justice as well as a commitment to improved Physical Infrastructure; Legal Education and
public awareness of legal rights. Training; Access to Justice and Legal Aid;
Corrections; as well as an Advisory Group on
This process was adjusted in accordance with
Women and Children in Justice. The goal of
the Interim Afghanistan National
these working groups is to help address the
Development Strategy (“I-ANDS”) presented
technical challenges of each of these elements
later that year. The I-ANDS involves three
of justice sector reform and to integrate work
“critical and interdependent areas” or pillars,
in these areas within the larger vision and
“Security”, “Governance, Rule of Law and
structure of the ANDS.
Human Rights” and “Economic and Social
Development,” which include various sub- In October 2006, the International
pillars and sub-sections (so, for example the Coordination Group for Justice Reform
Attorney General’s Office ANDS strategy is (“ICGJR”) was established in order to improve
positioned within the “Governance, Rule of donor communication regarding justice sector
Law and Human Rights” pillar, the “Rule of policies. Then, in December 2006, the
Law” sub-pillar and the “Justice” sector). Afghanistan Rule of Law Coordination
Through both “Justice for All” and the ANDS Meeting was held in Dubai to provide a
process, rule of law issues have been review of past activities and to motivate a
envisioned as a fundamental component of concerted international effort for a new
overall Afghan reconstruction. commitment to reforming the Afghan justice
sector. This event presented a critical review of
This process was further refined at the January donor activities while also raising useful
2006 London Conference on Afghanistan that questions about obstacles to more effective
led to “the Afghanistan Compact.” This reform. It also led to the Rule of Law
established a basic agreement between the Conference held in Rome in July 2007.

14 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


C.  Relation  between  the  ƒ Accessible justice processes and practices
producing prompt and just results,
National  Justice  Sector  Strategy 
consistent with international human rights
and  the  National  Justice  standards;
Programme 
ƒ Accountable justice operations and
The Rome Conference mandated the accessible justice institutions delivering
development of a justice sector strategy and a professional services with integrity
justice programme in fulfilment of the ANDS nationwide; and
process. The two are intended to be
ƒ Legislative processes, legal education, and
complementary and interdependent. The
traditional dispute resolution mechanisms
National Justice Sector Strategy (“NJSS”) is
in harmony with constitutional principles
divided into high level objectives, and broad
and social expectations.
strategies for reaching them. The NJSS
envisions an Islamic society in which an The sub-programmes are concerned with:
impartial and independent justice system
delivers safety and security for life, religion, ƒ Criminal Justice Processes and Practices;
property, family and reputation; with respect ƒ Civil Justice Processes and Practices;
for liberty, equality before the law and access
to justice and human rights for all.8 However, ƒ Access to Justice Processes and Practices;
the NJSS has been written without specific ƒ Accountability and Accessibility of Justice
guidance on the implementation of these Institutions;
strategies. This National Justice Programme is
ƒ Integrity and Transparency;
therefore designed as the implementation
mechanism of the NJSS. This document ƒ Infrastructure, Transportation and
identifies objectives and outputs associated Equipment;
with each of the expected outcomes articulated
ƒ Legislative Processes;
in the NJSS, and establishes mechanisms that
will allow the Government and donors to ƒ Legal Education and Training;
define specific projects designed to achieve the
ƒ Traditional Dispute Resolution.
outcomes.
ƒ Transitional justice

OVERVIEW These sub-programmes have been subsumed


in the three goals of the NJP (see Part 2
A.  Programme  Objectives  and  hereinafter). Experience in the justice sector to
Timetable  date has highlighted that a lack of strong
Government leadership, inadequate donor
The goal of the National Justice Programme
coordination, and fragmented funding impede
(“NJP”) is to execute the strategic priorities in
the achievement of effective justice sector
key justice reform areas in order to achieve the
expected results of, and to arrive at the end reform. The NJP endeavours to learn from
state articulated, in the NJSS. The NJSS these lessons, and envisions: firstly, the
contains high-level objectives, and adoption of a synergetic approach; and
corresponding sub-programmes designed to secondly, the utilization of multilateral trust
attain these objectives. funds to enhance the impact and minimize the
transaction costs of donor assistance. To best
The high-level objectives are the creation of: achieve these aims it is essential that donors’
activities are fully aligned with the
Government’s priorities as expressed in the
NJSS.
8
It is recognized that the Ministry of Interior and
police play an important role in the administration The bulk of NJP activities will be implemented
of justice. The ANDS structure establishes that it is within five years, but both the strategy and the
the Security Sector Strategy, rather than theNJSS, programme are designed to be robust. Thus,
that will address police-related issues. many of the NJP initiatives that will be started

NATIONAL JUSTICE PROGRAM 15


during the life of the programme will continue understanding future needs and designing
to require attention and support after the five future interventions. AnnexAttachment 1
year programme has concluded. aims to identify all current and recently
completed programmes related to the justice
B.  Key  Partners  and  Parties  of  sector, and organizes them according to the
sub-programmes in the NJSS.
the NJP 
AnnexAttachment 1 provides details about
The key Afghan parties to the NJP are the such programmes, including the location of
Supreme Court, the Ministry of Justice, the programmatic activities, project descriptions,
Attorney General’s Office, and other implementing partners, and project
independent justice institutions. Delivering timeframes. Data in AnnexAttachment 1 have
justice is a shared obligation of all been provided by donors and their
Government institutions, and so successful implementing agencies. The information may
implementation of the NJP will require the not be comprehensive, and has not been
support of other critically important Afghan compiled in the manner and form used in the
institutions including the Ministries of JCMB monitoring matrix. Nevertheless,
Interior, Higher Education, and Finance, as AnnexAttachment 1 gives a reasonable
well the Parliament, Cabinet, and the Afghan indication of the scope of ongoing justice
Independent Human Rights Commission. sector activities, thereby facilitating the
Another important partner institution is the identification of gaps between existing
Joint Coordination and Monitoring Board programmes and the priorities set forth in the
(“JCMB”), which occupies a unique position in NJSS. The NJP envisages that
the NJSS and NJP. With the ANDS acting as AnnexAttachment 1 will be continuously
Secretariat, JCMB sets and oversees the high- updated and improved by the Programme
level benchmarks, indicators, and criteria by Support Unit described further below, with
which NJP’s progress will be measured. the cooperation and assistance of all justice
sector actors.
The JCMB performs the same function for
other National Priority Programmes. Some of D.  Illustration  of  Assistance 
these intersect with the NJP such as the
National Action Plan for Women (“NAPWA”).
Gaps 
Where relevant, NJP activity areas will be AnnexAttachment 1 demonstrates that there
implemented in part through them. are presently a number of ongoing activities
Contributions of other Afghan stakeholders, that will contribute to the achievement of
including traditional dispute resolution actors some of the high-level objectives expressed in
and civil society will also be necessary. the NJSS. However, as the situational analysis
Finally, members of the international in each section of the NJSS demonstrates,
community, including donors, implementing many of the activities fall short of the
agencies, international organizations, and the comprehensive and coordinated
PJCM under the United Nations Assistance programmatic input required to achieve the
Mission to Afghanistan are key to successful high level objectives. For illustrative purposes
implementation of the NJP. only, the text below outlines some of the gaps
between existing programmes and the
C.  Current  Justice  Sector  activities needed to ensure progress towards
Programmes  the goals articulated in the NJSS9. The
following text is not intended as a
The NJSS and the NJP are based upon the comprehensive or prioritized review of
current legal reality in Afghanistan and are assistance gaps in the justice sector, but rather
designed to contribute to the achievement of a sampling of needed assistance. It
the ultimate Afghan compact goal which is to demonstrates the desirability of establishing a
establish a “Stable, Secure and Prosperous sector-wide coordination mechanism for
Afghanistan”. As such both NJSS and NJP take
an expansive and inclusive view of the justice
sector. This includes the premise that a 9
comprehensive understanding of current Gaps are described in the order that they appear
justice sector activities is critical to in the NJSS, without reference to priorities.

16 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


assistance in the justice sector to enable donors However, significant capacity, infrastructure
to target areas of greatest need. and resource constraints nationwide, and
delays in implementing the Juvenile Justice
The criminal justice system, as presently Code are some of the gaps that need to be
constituted, lacks the capacity consistently to addressed.
ascertain within a reasonable timeframe the
guilt or innocence of the accused. All projects There have been numerous efforts directed at
devoted to criminal justice have addressed this prison reform and offender rehabilitation, as
issue from their various vantage points. well as infrastructure development in the
However, capacity of the system has not been corrections system. However, overcrowding
raised sufficiently to ameliorate this and other deficient conditions, of which the
deficiency. need to segregate juveniles from adults and
women from men are examples, remain
Despite efforts to implement interagency problematic and need to be addressed, for
cooperation in prosecution of narcotics instance by consideration of alternative
violations, such as the Criminal Justice Task sentencing schemes.
Force and to develop joint standard operating
procedures, such as the Joint MOI/AGO At the moment, several NGOs provide
Commission, a lack of coordination and criminal legal defense services, but their
cooperation between justice institutions is a capacity is insufficient to meet the demand
continuing impediment to achieving the high both in terms of geographical reach and
level objectives. More programmatic input numbers. As a result, accused persons have
into enhancing coordination in the criminal only very limited access to justice and their
justice system is required. legal awareness remains low. Despite a
number of activities in this field, there are still
Though there are a number of legal aid significant deficiencies, which require further
programs and a proliferation of capacity and serious attention.
building and case management efforts, the
criminal justice system still falls short of The civil justice system suffers deficiencies
minimally acceptable standards. Deficiencies similar to the criminal justice system, but it has
manifest themselves in various ways, for not received the same level of programmatic
example, criminal trials are conducted largely attention from donors as criminal justice.
on the basis of written records, without the Critical issues requiring attention in the civil
presence or testimony of witnesses. This in justice system include the need to reassure
turn contributes to prolonged pre-trial court users and professionals of the integrity,
detention for a large number of detainees. transparency and efficiency of the civil justice
Programmatic efforts to protect the rights of system. Assistance is also required on
victims, witnesses, and the accused during operational problems that affect the courts’
criminal justice proceedings are required, also functioning. A stronger system of civil justice
addressing such issues as bail and the will be relevant not only to the justice sector,
recording and preservation of evidence. but also to the economic growth and
prosperity of the country. Competent and
Similarly, programmes to tackle emerging well-qualified lawyers are essential to
threats to public safety and the rule of law ensuring that citizens have access to the
require the creation of specialized formal justice system. An Independent Bar
investigative, prosecutorial, and judicial Association (the “Bar”) is critical to expanding
capacity. This capacity is currently in short and professionalising legal services. Efforts to
supply in each institution. In accordance with establish a Bar are ongoing, and will require
the I-ANDS, the NJSS emphasizes three cross- substantial support. Supporting the Bar is
cutting issues, each requiring specialized critical for enhancing the capacity of the legal
institutional capacity: narcotics, corruption, profession as a whole, including legal defense
and violence against women. over the long term.

Another specialized area of criminal justice Significant government and donor attention
concerns juvenile justice. The NJSS describes has been directed to the issue of integrity and
some of the recent achievements in this field. accountability in civil and prosecutorial

NATIONAL JUSTICE PROGRAM 17


services, as well as the judiciary. However, approach consistent with a geographic
there is a dearth of programming activity to expansion plan for justice services and centres.
implement many of the policy and legislative
instruments that have been produced to The equipment and transportation situation is as
enhance integrity and accountability. Codes of poor as that of infrastructure. An equally
ethics have been prepared, or are in the important component of ensuring
process of being finalized, for prosecutors, sustainability and extending the useful life of
judges and civil servants, but the institutional infrastructure, equipment and transportation
mechanisms and resources to enforce them are assets is to improve the culture of maintenance
in short supply. and management of these assets. Currently,
there are only very few programmes which
In order to improve the performance of address these gaps.
ministries and Government agencies, the
Independent Administrative Reform Civil Significant resources have been devoted to
Service Commission launched the Priority establishing the houses of Parliament.
Reform and Restructuring Programme (“PRR”). However, being a new institution, Parliament
However, the implementation of PRR in the lacks the depth of expertise required for
justice institutions has been uneven. The legislative drafting. Enhancing capacity in
Ministry of Justice has completed stages one legislative drafting, analysis and review is
and two of the PRR process for all essential to entrench a fully effective
departments other than the Central Prisons parliamentary system. Programmes are
Directorate. Furthermore, it is being helped in needed to enhance the skills of personnel in
the implementation of PRR by a Reform the Taqnin and other executive agencies
Implementation Management Unit, which responsible for drafting legislation, along with
leads the effort to introduce merit-based the efficiency, effectiveness and quality of the
recruitment processes. The Attorney legislative process as a whole.
General’s Office has completed stage one of
PRR. The Supreme Court is currently engaged A related matter involves the need to
in the process of completing its application for strengthen legal education in academic and
PRR stages 1 and 2. Without the introduction professional settings. In this regard the
of PRR or a similar process accompanied by a establishment of the Independent National
significant increase of salaries at both the Legal Training Centre is a step in the right
central and provincial levels, justice direction. However, reforming law school
institutions will continue to be impeded by curricula and expanding Afghan law students’
low skill levels, weak financial incentives, exposure to international experiences is
inefficient organisational structures, and essential to creating a critical mass of
opaque processes for recruitment, sustainable Afghan expertise in legal areas.
performance evaluations, promotions, and This may also extend to entrenching
appointment of personnel. relationships with foreign academic and
vocational legal training establishments. A
Both donors and government have worked to further and urgent area requiring
enhance justice system infrastructure programmatic attention is the need for
nationwide since 2002. However, the task was indigenous Afghan legal research capacity to
enormous to start with and is still far from inform policy-making, and to enhance the
complete. In some areas, even the most basic quality of legal education.
needs of the justice system still require
infrastructure support. In particular, prison, Traditional dispute resolution is a vast and
juvenile, court room and office facilities are important topic that is often overlooked in
seriously deficient. The security situation in terms of justice sector policy. While a
some parts of the country complicates the task significant number of programmes operate at
of expanding justice infrastructure and the community level, few address the overall
services, and undermines the efforts scope and characteristics of the justice services
systematically to extend the writ of the central being provided by traditional mechanisms.
government justice institutions to the Fewer still address the interface between the
provincial level. Bilateral and multilateral formal and traditional system. Indeed, the
efforts to cope with this issue lack a systematic tension between the formal and informal

18 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


systems may be one of the most difficult issues CNTF assets to fund NJP component activities
facing the justice sector. There is a need in these areas.
programmatically to engage this issue at the
policy and operational levels. The NJSS seeks LOTFA and CNTF already have their own
to address this need by establishing a process implementation structures which are
to clarify the role of traditional dispute independent from the NJP implementation
resolution in the delivery of justice in bodies. However, it is envisaged that the NJP
Afghanistan. Project Oversight Committee (“POC”) and the
Project Support Unit (“PSU”) will closely
E.  Overview  of    Funding  cooperate with these two trust funds in order
to implement of NJP programmatic activities.
Structures 
The Rome Conference envisioned a justice Donor funding on a bilateral basis consists of
programme supported by multiple sources of donor government or agency funding and
funding and, therefore, multiple funding programmes delivered directly to the justice
structures. The identified sources of funding sector; to date such assistance comprises most
or possible funding include: justice sector initiatives and programmes
currently in operation in Afghanistan; and
The Afghanistan Reconstruction Trust Fund
(“ARTF”) is a multi-donor funding mechanism Government funding through the Ministry of
administered by the World Bank in Finance funds programmes and initiatives of
conjunction with donors and the Ministry of justice institutions through their budgets.
Finance, and will be one of the sources of
funding for the NJP. The ARTF is designed to
allow multi-donor pooling of funds to KEY PRIORITIES
complete projects and programs within the The parts of the NJP described below contain
NJP according to its requirements. matrices which reflect the priorities and
actions needed to achieve all the high level
The ARTF is unable to fund salaries or other objectives in the NJSS, implemented both on
programmatic activities related to security, bilateral and multilateral bases. The actual
with the result that it cannot serve certain prioritization within the needed actions will be
aspects of the justice sector, notably the completed by the three justice institutions and
Central Prisons Directorate of the Ministry of the Ministry of Finance in close coordination
Justice. with the ANDS Secretariat. Prioritisation
activities have already begun. The activities
The Law and Order Trust Fund (“LOTFA”) was
contained in the ARTF “Reform of the Justice
created to administer funding for
Sector Project” inserted in Part 3 are the result
remuneration, recruiting and training
of a prioritisation exercise by the three Justice
activities, infrastructure development, and
Institutions, the Ministry of Finance, and the
equipment and supplies for the police and
World Bank. Similarly, the ANDS Secretariat
other law enforcement agencies. It may be
has, through the process of sub-national
possible to expand LOTFA to corrections and
consultations, identified tier 1, 2, 3, and 4
prison operations without diminishing funds
justice sector priorities in the Provincial
available for current activities.
Development Plans, which are excerpted for
reference in AnnexAttachment 2. In
The Counter-Narcotics Trust Fund (“CNTF”) is
developing their own activities and making
aimed at mobilising resources and channelling
funding commitments, donors are requested
these through the Governmental institutions
to take these prioritised activities into account.
in order to support the efforts of the
Government in fighting illegal drug
production. Two of the eight areas of A.  Brief Introduction to Part 2 
intervention defined in the Counter-Narcotics Part 2 is meant to serve as a reference point
Implementation Plan relate to objectives of the and guidance for areas of activities, rather
NJP, namely drug law enforcement and than a description of the specific activities
criminal justice. It may be possible to use which will need to be carried out in order to
achieve the objectives of the NJSS. As such it

NATIONAL JUSTICE PROGRAM 19


does not contain specific and detailed benchmarks. In due course the NJP and
prescriptions of the type of actions required to Afghanistan Compact monitoring and
achieve each goal. evaluation methods will be harmonised. This
process has already begun, as demonstrated in
It is structured as a logical framework (or “log the Annexes to the programme document.
frame”) divided into six broad components
linked to the strategic goals of the NJSS and The areas of activities generically described in
the strategic objectives articulated in the Part 2 will be particularised in Parts 3 and 4,
Interim National Development Strategy. Each which list the actions to be implemented on
component is further broken down into either a multi-lateral (Part 3) or bi-lateral (Part
specific objectives, which are in turn 4) basis. In setting the priorities for
associated with a variety of key outputs. To implementation, particular attention will be
ensure proper management and effective paid to the Provincial Justice Priorities of the
implementation of the programmatic Sectoral Priorities Projects, also referred to as
activities, it is imperative that the log frame the Provincial Development Priorities
ultimately identifies the Government identified during sub-national consultations.
agency(ies) tasked with leading As noted above, portions of the Provincial
implementation of each project, as well as the Development Plans relevant to the justice
specific implementing partner(s) and funding sector are excerpted for reference in
source(s) for each key output. It is intended AnnexAttachment 2.
that following initial review of the general log
frame structure, Government institutions, B.  Brief Introduction to Part 3 
international partners, and administrators of
relevant trust funds will offer input as to the Part 3 contains an application for ARTF
proper allocation of responsibility for specific funding for a justice project [“the ARTF-
programme components.10 The log frame Afghan Justice Sector Reform Project
identifies objectively verifiable indicators, Proposal”]. In this task the Government of
proposed monitoring mechanisms and Afghanistan will be assisted by the ARTF
risk/assumptions upon which success of each Administrator. The activities will be
activity depends. Effective oversight of the implemented following an incremental
programme will depend in part on proper approach articulated in two consecutives
identification of performance indicators and phases. All the activities contained in Part 3
M&E mechanisms. Accordingly, users are will be funded through the ARTF investment
invited to read the log frame carefully and and recurrent windows. Procurement,
consider the particular programmatic or policy financing, M&E and auditing related to these
expertise they can offer to support the activities will be implemented through the
objectives and key outputs described in the NJP Programme Oversight Committee (acting
entries. as a steering committee) and the NJP
Programme Support Unit, which will act in
It should also be noted that the monitoring accordance with ARTF rules, procedures and
and evaluation portion of the log frame will be mechanisms. The exact shape of the NJP
further developed in consultation with the implementation structure in relation to Part 3
JCMB, which is presently developing a activities will be specified in the start-up plan
“Matrix for Capturing Progress of Process to be negotiated by the ARTF Administrator
Indicators” to track progress towards the and the Government of Afghanistan.
achievement of the Afghanistan Compact
C.  Brief Introduction to Part 4 
Part 4 contains information on programmes
As demonstrated in Annexes 1-3, preliminary
implemented largely through bilateral
efforts to incorporate such input have already
mechanisms. These programmes are subject to
begun. Ongoing communication between the
relevant institutions and stakeholders, guided by prioritization and implementation in direct
the NJP administrative bodies, will ensure that the consultation with the donor and the
NJP is updated to reflect the inputs and roles of the government. The planning and
institutions and stakeholders as they may shift over implementation of these programmes are
time. contingent upon donor funding cycles in

20 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


conjunction with the NJSS priorities and the
areas of activities identified in Part 2. The time NJP IMPLEMENTATION
scale for planning and implementing STRUCTURES
programmes in Part 4 may differ from
multilateral programmes. However, it is This segment details the governance structure
inevitable that some programmatic overlap for implementing the NJP. The success of the
will occur. In these instances the programme NJP depends on the effective functioning of its
management has a consultancy function to component parts and their successful
address such overlaps or potential interaction with other relevant institutions,
duplications in consultation with donor both institutionally and operationally.
coordination mechanisms, including in
particular the PJCM. Part 4 is a robust and
A.  Dual Approach Structure 
dynamic tracking mechanism. It envisages
bilateral programmes to be added during the The NJP involves multiple actors. The
life span of the NJP. It also provides programme implementation structure is
considerable flexibility in addressing designed to be sufficiently flexible to
programmatic gaps arising during the accommodate this complexity. To ensure
implementation of either existing Part 2 or organic development, sustainability and
Part 3 programmes.
Afghan ownership of the programme, this
document specifies a “process,” rather than an
D.  Brief  Introduction  to  “implementation,” methodology. That is, the
Annexes 1­3  document defines organisational composition
The process of particularising programmatic and broadly defines the roles and
initiatives and plans into policy actions that responsibilities of participant institutions, but
can be tracked, monitored, and evaluated has does not seek to specify the precise steps that
already begun. Annexes 1-3, also included in each participant will follow in fulfilling
this document, demonstrate the assigned duties. It is essential that all
commencement of this important process. programme participants, including those with
Annex 1 articulates the key outcomes of the oversight or management responsibility, be
Part 2 log frame as “policy actions” for which allowed to define and clarify those steps after
institutional responsibility and projected formation of the oversight and
timeframes have been initially assigned and implementation structures. It is also
agreed. Annex 2 restates indicators for the imperative that the programme
various outcomes, identifies sources of implementation structure will be able to
baseline data (where available), and articulates integrate into, or conform with, the larger
targets against which progress can be ANDS context.
measured. Finally, Annex 3 identifies project
or programmatic line items in the Government To accommodate contributions from both
budget that are associated with existing justice bilateral and multilateral funding sources
sector initiatives. As with the Part 2 log frame, there is a clear need for a single decision-
the Part 4 matrix, and the list of existing making body to provide an interface between
programmes in Attachment 1, these annexes the programme implementation and the
are intended to be “living documents” that political and administrative context. To
will allow the Government sufficient flexibility ensure effective and efficient decision-making,
to track and plan initiatives as the the oversight body must also be supported by
programmatic elements of the NJP continue to an effective support unit and the requisite
develop. technical expertise.

NATIONAL JUSTICE PROGRAM 21


B.  Introduction to the Program  of the BoD. All of the foregoing bodies are
further explained in the following section.
Implementation  Structure  and 
Bodies  C.  Programme  Oversight 
With the foregoing needs in mind, two Committee 
structures will be created; one policy-making
and the other operational. The policy-making The POC will provide overall leadership,
structure will comprise a Programme guidance, and policy direction, and will
Oversight Committee (the POC) and a Board manage donor relations. In effect, the POC
of Donors (the BoD). will function as a board of directors for the
NJP and any oversight body within the ARTF
structure.

1.  Composition,  Duties  and 


Responsibilities 
The POC will be composed of representatives
appointed in accordance with Part 3 of the NJP
and with the ARTF rules and procedures.
Chairmanship of the POC shall be identified in
NJP Part 3 and appointed in accordance with
procedures to be set by the POC in its first
meeting.

The POC will be responsible for establishing


the overall policy direction of the NJP, and
will act as a steering committee for the ARTF
Justice Project (see Part III hereinafter). The
POC will adopt such rules and practices as are
The POC will have oversight authority over required to ensure the POC functions
the programme. The POC will be advised in effectively and in accordance with its
this function by the BoD. The POC will be mandate. The duties of the POC will include
further assisted in its operations by a the following:
Programme Support Unit (the PSU) and
separate Programme Units (PUs) to be ƒ Ensuring the regular and smooth course of
established in each individual justice NJP activities;
institution. The PSU will act as secretartiat for ƒ Maintaining regular and effective
the POC, and will be the central operational communications with administrators of
arm of the programme. PUs attached to the multilateral trust funds, donors and
administrative directors of the justice donor-coordinating bodies, including
institutions will assist the PSU. A primary providing advanced notice of likely
responsibility of the POC and the PSU will be funding shortfalls;
the oversight and coordination of activities
funded on a multilateral basis, in particular ƒ Identify and recommend solutions for
those activities funded by the ARTF. obstacles to effective programme
Accordingly, their establishment and implementation;
implementation will be coordinated and ƒ Overseeing the drafting of a detailed
facilitated by the ARTF administrator. proposal regarding the PSU start-up
process;
The ultimate responsibilities and
implementing structure of POC, PSU and PU ƒ Receiving, reviewing and endorsing
will be defined through a consultation by the regular reports of NJP programmatic
Government and ARTF administrators. The activities and financial status from the
Government will consult directly with donors PSU, and generally overseeing work of the
regarding the composition and establishment PSU;

22 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


ƒ Providing policy direction on the the BoD is established simultaneously with the
establishment of NJP priorities, in line POC. NJP Part 3, Annex 4 envisions that the
with the NJSS. POC will be established no later than April
2008. Accordingly, the Government requests
ƒ Ensuring synergy and harmony among
that existing donor coordination mechanisms,
multilateral and bilateral project activities;
such as the membership of the ICGJR and the
ƒ Establishing and supervising all technical PJCM, advise the Government as to the
assistance required for programme structure and composition of the BoD as soon
implementation; and as possible, and in any case by no later than
April 2008. As NJP Part 3 specifically
ƒ Facilitating a dialogue between justice
anticipates that the BoD will advise on those
institutions and donors to develop a
aspects of the NJP that are funded through the
common Monitoring and Evaluation
ARTF mechanism, membership should, at a
(“M&E”) framework for the
minimum, include those donors who are
implementation of the NJP;
committed to support the development and
ƒ Suggesting possibilities for standardising funding of the ARTF project in the short or
monitoring and evaluation methods across long term.
the entire National Justice Programme, if
NJP stakeholders agree that this is 3.  POC Relationship with PSU 
desirable;
The POC’s rules of procedure and the
ƒ Overseeing mid-term and final reviews of agreement between the ARTF administrator
all NJP activities; and the Government will detail all aspects of
ƒ Acting as a steering committee for the its relationship with the PSU. At a minimum,
ARTF Afghanistan Justice Sector Reform it is anticipated that the POC will select and
Project; and appoint members of the PSU and oversee its
activities. It is further anticipated that the
ƒ Such other activities as are necessary to POC will require the PSU to submit regular
ensure the smooth operation of the NJP. reports on programmatic, technical, and
financial aspects of the NJP. The rules of
2.  POC  Relationship  with  procedure will also specify how the POC will
Stakeholders  and  Establishment  of  communicate its decisions prioritising
the Board of Donors  proposed programmatic activities to the PSU.
When additional needs not covered by active
As the main policy organ of the NJP, the POC
NJP projects are proposed for inclusion in the
will communicate and coordinate closely with
Programme, the POC will be responsible for
other stakeholders, including donors and
selecting a funding mechanism, and ensuring
other interested Government entities such as
that all formalities required by the designated
the Ministries of Finance, Interior and
funder are satisfied by the PSU.
Education, and the Afghanistan National
Development Strategy Secretariat (“ANDS”).
D.  Programme Support Unit 
The POC will liase with donors and with the The PSU will be the operational arm of the
PJCM. Regular coordination with the NJP. It will be a permanent body charged
members of the donor community with providing continuous technical support,
participating in the multilateral or bilateral including coordination of planning, execution,
funding mechanisms will be encouraged in monitoring, and evaluation functions, to the
order to facilitate cooperative implementation POC. In particular, PSU will be responsible
of the Programme and consultation on points for day-to-day management of the ARTF
of mutual concern to the Government and justice project. The PSU’s specific
donors. responsibilities may differ, depending on the
source of funding associated with a project
To this effect, the Government invites donors and procedures established by the funder. In
to establish a Board of Donors (BoD) to advise respect of multilateral projects, the PSU will be
the POC on strategic direction and reform charged with activities consistent with
challenges. To maximize integration of the applicable legal agreements and trust fund
BoD with the POC, donors must ensure that

NATIONAL JUSTICE PROGRAM 23


rules, for instance those specified by the ARTF capacity to each justice institution’s designated
administrator. However, regarding bilateral Project Unit.11 By the end of the programme, it
activities, the PSU will serve primarily in a is expected that each justice institution will
coordinating and tracking capacity. In these have developed sustainable capacity to
and other responsibilities, the PSU will act perform the functions that PSU has performed
according to guidelines established by the during the life of the programme.
POC. The guidelines will further elaborate on
the basic principles described below. 3.  Duties  and  Responsibilities 
Regarding Multilateral Trust Funds 
1.  Selection  and  Recruitment  of 
PSU Staff  As the operational unit for the implementation
of the NJP, the primary duties of the PSU will
Members of the PSU will be appointed be related to activities implemented on a
according to the terms of reference and multilateral basis. In this regard, the PSU will
procedures set forth in a PSU start-up plan play a leading role in day to day management
which will be annexed at a later date to the of the NJP. This role will include the
NJP. The start-up plan and terms of reference following activities:
will be developed with specific attention to the
types of activities that the PSU staff will be ƒ Coordinating the relations among the
required to undertake in project management, World Bank, the Ministry of Finance, and
and will identify professional and educational the justice institutions;
requirements necessary to perform those
functions. The PSU staff will be selected ƒ Upon request, providing administrators of
through an open application process and multilateral trust funds and the JCMB
evaluated by the objective criteria set out in with reports on the status of bilateral
the start-up plan. As the PSU will be projects;
important to the implementation of the NJP, it ƒ Updating the JCMB M&E unit on the
is essential that the unit be established and financial and managerial aspects of the
staffed at the earliest possible date. NJP;

2.  Composition  ƒ Drafting semi-annual reports for the POC


regarding the financial and managerial
The PSU will be structured as a project in the status of NJP multilateral projects, the
NJP in accordance with the start-up plan PSU’s administration of such projects,
prepared on behalf of POC. The start-up plan including information on progress
will specify whether PSU members will work towards delivery of the NJSS’s high-level
directly in the individual justice institutions, objectives, risks and problems, as well as
or whether they will work in a single actions taken to mitigate them;
separately constituted unit. In addition to its
ƒ Updating multilateral matrices to reflect
permanent staff, the PSU may include
activities proposed and accepted into the
international and national consultants,
NJP at a later stage and financed through
depending on needs and available funds. It is
the trust funds;
anticipated that during the first years of
programme implementation, the need for ƒ Ensuring that each project proposal
consultants’ expertise will be significant. includes a suitable implementation
Consultants will be selected not only for their agency;
technical expertise, but also for their ability ƒ Undertaking tenders and procurements
and willingness to transfer such expertise to pursuant to applicable legal agreements;
the PSU’s permanent national staff. Bearing in
mind that a function of the PSU is to build
capacity in the justice institutions for
11
sustainable strategic planning, programme It is anticipated that each justice will establish a
Project Unit comprising the head of administration for
implementation, and programme evaluation, that particular institution and one to two project
the PSU itself will be required to transfer assistants or coordinators, and that each Project Unit
will work with staff in departments that are involved in
ARTF Justice Project activities.

24 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


ƒ Undertaking monitoring and evaluation NJP at a later stage and financed through
activities specified in Section VI, below; bilateral mechanisms;
and
ƒ Undertaking a proactive role in requiring
ƒ Ensuring that the justice institutions are information from donors on bilateral
fully informed about the status of NJP future activities and donors’ monitoring
projects funded via multilateral and evaluation procedures, mechanism
mechanisms. and reports;
ƒ If donors require, providing information
4.  Duties  and  Responsibilities 
on ARTF activities;
Regarding  Bilateral  Funding 
Mechanisms  ƒ Maintain regular communication with the
administrators of multilateral funding
Regarding bilaterally implemented activities, mechanisms (such as LOTFA) responsible
the PSU will primarily work as a tracking and for implementing any portion of the NJP;
coordination body. Its role will be to collect
data on bilateral programs, and identify ƒ Ensuring that the justice institutions are
project duplications and synergies. Bilateral fully informed about the status of NJP
donors will also have the option to choose the projects funded via bilateral mechanisms;
PSU as an implementation, evaluation, and and
monitoring body for their own projects. It is ƒ Upon request, providing administrators of
anticipated that working with the PSU to bilateral projects with reports on the status
arrange such services will benefit both donors of multilateral projects.
and their Government partners by simplifying
and streamlining analytical and reporting ƒ Producing mid-term and final reviews of
processes. However, as currently all NJP activities.
contemplated, the PSU likely will not have In fulfilling these tasks, the PSU will
sufficient resources to perform such additional coordinate closely with the PJCM central office
duties. Accordingly, a donor that wants the in Kabul, so as to maximize the benefit of, and
PSU to perform monitoring and evaluation of avoid duplicating, the work of the provincial
the donor’s programme must agree with the PJCM offices.
PSU to provide funding for the delivery of M
& E services. In the absence of an MOU 5.  PSU  Relation  with  POC  and 
specifying more detailed services regarding
Donor Coordination Bodies 
any particular bilateral project, the PSU will be
responsible for the following general duties: The PSU will be accountable to the POC, and
will transmit all programme reports, data, and
ƒ Identifying possible duplications between results to the POC. The POC will assume
bilateral and multilateral activities, and responsibility for communicating relevant
informing the POC of such issues; information to the justice institutions, other
governmental entities and donors.
ƒ Identifying possible synergies between
bilateral and multilateral activities, and
informing the POC of such issues;
6.  Funding for PSU  
The PSU will receive funding support through
ƒ Drafting semi-annual reports for the POC
regarding financial and managerial status the ARTF structures and mechanisms, as
of NJP bilateral projects, including described in Part 3.. Securing such funding is
information on progress towards delivery critical to ensuring full implementation of the
of the NJSS’s high-level objectives, risks NJP. The start-up plan for the PSU will be
and problems, as well as actions taken to designed and treated as a programme priority
mitigate them; and, as such, will specify budgets, timelines,
and other operational details necessary to
ƒ Ensuring that activities are prioritised in
project financial and logistical support needs
accordance with POC guidelines;
for the life of the NJP. Because all NJP
ƒ Updating donor matrices to reflect implementation depends on completing the
activities proposed and accepted into the organisation and funding of the PSU,

NATIONAL JUSTICE PROGRAM 25


development and establishment of the start-up ƒ The NJP has been adopted;
plan will be the first and foremost
ƒ The POC is constituted;
responsibility of the POC in coordination with
ARTF Justice Project administrators. ƒ The PSU is established and staff
appointed;
7.  Composition,  Duties,  and  ƒ PSU operations begin;
Responsibilities of PSU acting as POC 
ƒ PUs are established according to
Secretariat  institutional needs.
Given the complexity of NJP oversight the Although establishment and start up of the
POC could benefit from sustained POC and PSU should be expedited to the
administrative and logistical support provided extent reasonably possible, it must be clear
by PSU . that in the meantime existing justice activities
should continue, and planned activities should
Duties and responsibilities of PSU, acting as be implemented according to current
POC Secretariat will be identified in the Part schedules and existing agreements with the
3’s annexes. It is anticipated that the
justice institutions. That is, possible delays in
Secretariat’s functions would include the
establishment of the POC and PSU should not
following:
compromise the scope, quantum, or pace of
existing or planned justice sector efforts.
ƒ Making all logistical arrangements
During the interim period before the POC and
necessary for meetings of the POC;
PSU are operational, donors will be able to
ƒ Elaborating agenda, minutes and refer to the National Justice Sector Strategy
background documents for POC members; and Part 2 of this document (as well as the
Annexes that the Government has begun to
ƒ Facilitating the recruitment and selection
develop) for overall directional guidance, and
of expert(s) to prepare technical proposals
should adapt their activities accordingly.
on topics identified by POC ;
ƒ Undertaking other activities as specified G.  POC  and  PSU  Coordination 
by the POC.
Regarding  Insertion  of  New 
E.  Programme Units  Activities into Parts 2, 3, and 4 
It is anticipated that in the implementation of The programmatic parts attached to this
the ARTF justice project, the justice document may not fully address all possible
institutions will be assisted by Programme types of assistance to be implemented in the
Units (PUs) attached to their respective next five years. The Government seeks to
directors of administration. Size and retain its ability to address priority activities
composition of such units will depend on and needs identified by the justice institutions
institutional need and funding availability. in the future, and recognizes that many such
Generally speaking, the PUs should remain needs may be best addressed through
small in size, and should rely to the greatest multilateral funding mechanisms. However,
extent possible on existing administrative
some donors may implement valuable
capacity, so as to minimize parallel
administrative structures and increase programs that are planned bilaterally, and
capacity building and skills transfer. such plans may be developed on an annual
basis. To that end, the NJP must be
F.  Sequencing  of  NJP  sufficiently flexible to include programmatic
activities developed after this program has
Implementation Structures 
become effective. The Programme Support
To ensure that sequencing of implementation Unit (PSU) will be responsible for ensuring
of the NJP and associated structures is clear, that such activities are added to the NJP in an
the following timeline is provided:
orderly manner.

26 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


1.  Insertion  of  New  Activities  to  have an opportunity to address resulting
be  Funded  by  Multilateral  concerns. In the event POC determines that
no further review is required, POC will direct
Mechanisms 
PSU to insert the planned activity in Part 4 of
Justice institutions are primarily responsible the NJP, and will provide notice of the
for identifying additional needs not covered addition to relevant donor coordination
by the activities already contemplated in the groups in the next regular reporting cycle.
NJP Part 2 logical framework. The ARTF-
Application provides mechanisms to allow the
NJP implementation bodies to evaluate FUNDING MECHANISMS
whether such activities can be supported by
Government funding through the Ministry of
the justice project of the ARTF.
Finance is the first possible source of monies to
support programmes and initiatives of the
In case the additional needs are most
justice institutions. However, it is anticipated
appropriately financed by multilateral funding
that substantial donor support will be needed
mechanisms other than the ARTF, the justice
to accomplish planned work in the justice
institutions’ representative(s) to the
sector. The Rome Conference envisioned a
Programme Oversight Committee (POC)
justice programme supported by multiple
(described below) will communicate such
sources of funding and, therefore, multiple
newly-identified needs to the Committee. The
funding structures.12 Of these, certain require
POC will determine if a trust fund mechanism
a more detailed explanation. In particular, the
is available to finance the suggested activity.
multilateral funding sources have certain fixed
If one or more trust fund mechanisms exist,
legal and procedural elements that will have a
the POC will consult with the appropriate
role in shaping management and oversight of
trust fund administrator(s) to verify the
the NJP.
availability of funding. Having received
preliminary approval, the POC will direct the
PSU to insert the activity in the most A.  ARTF  Structure,  Mechanism 
applicable section of the NJP logical and Financial Reporting System 
framework. Thereafter, the activities will be The Afghanistan Reconstruction Trust Fund
implemented in the manner specified in the (ARTF) is a multi-donor funding mechanism
applicable agreement, as described in greater administered by the World Bank in
detail below. conjunction with donors and the Ministry of
Finance, and will be one of the sources of
2.  Insertion  of  New  Activities  to  funding for the NJP. The ARTF is designed to
be Funded by Bilateral Mechanisms  allow multi-donor pooling of funds to
Bilateral activities will be developed through complete projects and programs within the
direct consultation between donors and the NJP according to its requirements. A
relevant justice institution(s). Once agreed, a significant portion of the NJP will be funded
description of a proposed bilateral project will through ARTF mechanisms. The ARTF was
be developed and communicated by the donor established in May 2002 as a coordinated
to PSU, which will receive the information on financing mechanism for reconstruction
behalf of POC. To ensure sufficient activities in line with Afghanistan’s national
opportunity to review the proposed project priorities. It is administered by the World
and identify possible duplication or synergies Bank (“WB”) in cooperation with other
with existing or planned projects, ample notice international agencies. The ARTF consists of
of any new planned activity should be
provided before the activity commences. POC 12 The final Joint Recommendations issued by the Rome
may be assisted by PSU in the mechanics of Conference identify key actions to be taken following the
the initial review of the proposed project. In conference. One of these was to “establish a mechanism
the event POC identifies possible duplication for pooled donor funding and management for the
or synergies, POC will direct PSU to National Justice Programme, along with bilateral
communicate that information to the donor assistance.” The Conference noted that “a mechanism
and relevant donor coordination groups so financed under the ARTF structure shows the most
that Government and international partners potential in this regard.”

NATIONAL JUSTICE PROGRAM 27


two funding mechanisms, firstly support for takes place in the form of an annual meeting of
the Government of Afghanistan’s recurrent all donors, joined by the Government, and a
budget, such as salaries of Government smaller quarterly meeting of a donor
employees, and secondly, the financing of committee, which is able to give guidance
investment projects of the Government. In with respect to short-run implementation
WB terminology the former is referred to as issues. The annual donors’ meeting reviews
“Recurrent Cost Financing” and the latter, the previous year’s budget outcomes and the
currently consisting of 10 active projects, as outlook for the current year’s budget, and
“Investment Financing.” One more initiates budget preparation for the following
investment program, namely the Management year.
Capacity Program, is expected to become
operational by the end of 2007. Establishment  of  an  Investment 
Project 
The Recurrent Cost Financing has been used
to support the Government’s recurrent budget All proposals for investment financing projects
in respect of salary payments and of operation must address a funding gap for a Government
and maintenance expenses. The total size of priority project or program. The preparation of
the ARTF recurrent window is capped at $276 a Proposal for an Investment Financing
million for 1386 (2007). This cap has been set Project, in this case the NJP, is the first step in
in agreement with the International Monetary the establishment of an investment project
Fund (“IMF”).The capital of the ARTF is under the ARTF. In the present case, this
provided by, as it currently stands, 27 donors, would be the National Justice Program read
and amounts to $2.3 billion (U.S.). with the National Justice Sector Strategy. The
planned project must be included in the
The ARTF has a three-tier governance approved national budget.
structure consisting of, firstly, the WB as
Administrator of the ARTF; secondly, a In a second Step, the Project Proposal must be
Management Committee (“MC”) composed of satisfactorily appraised by sector experts, who
the WB and the United Nations Development produce a Project Appraisal Document. This
Programme, the Islamic Development Bank, document constitutes the feasibility study of
the Asian Development Bank, and the the project.In a third step, the MC evaluates
Government as observer; and lastly, the the Project Proposal Document. If the MC is
donors. satisfied with the proposal and determines
that funds are available, the MC approves
The MC has the ultimate authority to deny financing. At this stage, the Investment
funding to the ARTF where in its view Financing Project has been approved for
significant doubts arise as to whether the financing by the Administrator.
funds concerned will be effectively used for
the agreed purpose. In addition, it performs a Following approval, the Legal Agreement is
regular monitoring function over the prepared by the WB as ARTF Administrator.
utilization of funds. In order to fulfill this It contains a Technical Annex which addresses
oversight function for expenditures in the all issues pertinent to the project and its
recurrent window, the Administrator appoints implementation. It includes chapters detailing
an independent Monitoring Agent. the general conditions of the project, a
description of the project, an account of the
The MC’s primary duty is to oversee the
institutional arrangements, including details
activities of the ARTF. It meets on a monthly
on its implementation, as well as an action
basis and receives a quarterly report on the
plan, monitoring and evaluation procedures
activities of the ARTF, produced by the
and risks. Once agreed and countersigned by
Administrator. The quarterly report focuses
the WB and the Government, the Legal
mainly on the financial state of the trust and a
Agreement becomes effective and binding,
summary of expenditures.
and disbursement of funds can commence. At
this point, the Investment Financing Project is
Donors’ participation in the management of
active.
the ARTF is limited to a review of its activities
and the provision of strategic guidance. This

28 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


The disbursement, financial management and 1.  Implementing Agency 
procurement procedures for the Investment
Financing Project follow standard WB The Government, through its designated
operational policies and procedures. Full institution the MoI, retains overall
details of these arrangements can be found in responsibility as the implementing agency of
Annex ___ to this NJP. LOTFA, with support from international
partners. As the Implementing Agency, the
B.  LOTFA  Structure,  Government is therefore responsible for the
overall achievements of the results. UNDP is a
Mechanism  and  Financial  key international partner, helping the
Reporting System  Government coordinate overall support of the
The ARTF is a limited funding mechanism; it project and liaise with relevant partner
is unable to fund salaries or other institutions and stakeholders. A UNDP
programmatic activities related to security, Program Officer is responsible for monitoring
with the result that it cannot serve certain expenditures, reviewing quarterly work plans
aspects of the justice sector, notably the and reports, and following up on monitoring
Central Prisons Directorate of the Ministry of missions’ recommendations.
Justice. The Law and Order Trust Fund
(LOTFA) was created to administer funding The MoF acts as an implementing partner for
for remuneration, recruiting and training the purpose of reimbursement of National
activities, infrastructure development, and Budget expenditures and the individualized
equipment and supplies for the police and payment to police personnel.
other law enforcement agencies, including
those charged with responsibility for A Management Support Unit (MSU) has been
corrections and prison operations, and thus it established under the supervision of the MoI
is intended that LOTFA will be used as the to carry out tasks that cannot be handled by
multilateral mechanism for supporting the existing Government mechanisms.
corrections system
2.  Financial  Management  for 
In May 2002, at the request of the Government
and UNAMA, UNDP established a Law and
Funds Disbursement & Reporting 
Order Trust Fund for Afghanistan (LOTFA) to Advances are processed on a quarterly basis
enable the police to return to operation according to the following steps:
throughout the country. LOTFA is managed
by UNDP and governed by UNDP’s financial a. The Treasury Department of the
rules and regulations. Ministry of Finance prepares a Draft
Quarterly Financial Report no later
LOTFA is designed to cover all essential costs than 30 days after the end of each
of “the start-up and operational needs of the Quarter, including a request for
police force.” An existing project document advance, according to agreed formats
and terms of reference provide a framework and procedures. The purpose of the
for the activities undertaken with LOTFA financial report is to request a quarterly
funding which limits support to police advance of funds, to list the
disbursement on the project by
employees or units reporting to MoI or falling
budgetary basis, and to reconcile
under the direct responsibilities of MoI., as outstanding advances and foreign
opposed to security being affiliated with other exchanges loss or gain during the
ministries and agencies. However, it is quarter.
anticipated that the project document and/or
terms of reference can and will be amended to b. The Draft Financial Report and
extend the scope of LOTFA activity to the Quarterly Financial Forecast are
corrections system, including employees of the reviewed and endorsed by the Ministry
of Interior, as the Implementing
Central Prisons Directorate in the Ministry of
Agency, prior to submission to UNDP.
Justice.

NATIONAL JUSTICE PROGRAM 29


c. Upon receiving and reviewing the 1.  Management Structure 
Quarterly Financial Report and
Quarterly Financial Forecast, UNDP The management structures of the CNTF
releases the required advance into the comprise the Ministry of Counter Narcotics as
appropriate bank account indicated by the implementing entity, responsible for policy
the Treasury Department of the development and coordination, and the
Ministry of Finance. Ministry of Finance as the executing entity and
financial manager of the overall CNTF
d. The Treasury Department of the programme. The UNDP Country Office for
Ministry of Finance processes and Afghanistan acts as the administrator of the
accounts for these funds vis-à-vis the CNTF, managing and administering the funds.
Government budget, and releases
funds to the Executing Agency This task includes the monitoring of
accordingly. expenditures, review of workplans and
reports and follow-up of recommendations of
For audit and reporting purposes, MoF is
monitoring missions. A Cabinet Sub
required by UNDP to produce evidence of,
Committee on Counter Narcotics, chaired by
and bank statements related to: the amount
the Minister for Counter Narcotics, is charged
received by the designated bank; the date,
with the development of counter narcotics
amounts, and exchange rate at the time of the
strategies and implementation plans and acts
withdrawal, of withdrawals made in local
as the Afghan Government’s primary
currency by MoF to the designated account;
decision-making authority on counter
fees, if any, related to exchange transactions.
narcotics policies. The Sub Committee also
approves on behalf of the Government the
LOTFA is coordinated by a Steering
priorities for expenditures from the CNTF and
Committee chaired by the Minister of Interior,
sets guidelines and policies for the allocation
with representation from MoF, UNAMA, and
of CNTF funds.
UNDP, and major donors. It meets quarterly,
and oversees Project activities. The Project is
The Sub Committee reviews and agrees on
managed in accordance with UNDP rules and
overall allocation of CNTF resources, while
regulations.
the CNTF Management Board approves
individual project proposals.
C.  CNTF  Structure,  Mechanism 
and Financial Reporting System  The Management Board consists of
The Counter Narcotics Trust Fund (“CNTF”) international and multilateral partners, as well
as the Government of Afghanistan. A Steering
came into existence on 29 October 2005 as a
Committee forms the final building block of
key financial vehicle of the Counter Narcotics
the management structure of the CNTF,
Implementation Plan of the Afghan National providing guidance on strategies for the
Drug Control Strategy (“NDCS”). administration of the trust fund, fund
mobilisation and programme implementation.
The areas of intervention identified by the
Counter Narcotics Implementation Plan 2.  Contribution,  Disbursement 
include the enforcement of drug laws and and Utilisation of Funds 
criminal justice, both of which are relevant to
Contributions to the CNTF can be in the form
the development objectives of the NJP. With
of voluntary contributions, or contributions to
respect to the former, specific structures and
specific identified projects. It is therefore
institutions such as a Counter Narcotics Police, possible for donors to earmark funds for
Counter Narcotics Courts and special specific projects. Donors enter into a bilateral
detention facilities for drug offenders have or administrative agreement with UNDP which
are being created. Narcotics related specifies the financial commitment,
interventions in the area of criminal law disbursement schedule, support and
include the passing of a Counter Narcotics administrative fees, reporting requirements,
Law in 2005. use of funds, and termination clause. Each

30 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


commitment is also governed by the generic no mechanism at the implementation level to
Terms of Reference of the CNTF. coordinate reporting, improve project
synergies, and avoid duplication. The newly
Fund utilisation is through the National launched PJCM is designed to fulfill these
Execution (“NEX”) system. UNDP has functions for bilaterally funded projects at the
designated the Ministries of Finance and provincial level. The NJP seeks to increase
Counter Narcotics as the NEX executing coordination in the justice sector as a whole, in
agencies. Standard protocol establishes the line with the NJSS and without disrupting
controls to be performed before authorisation existing successful programmes. To this end,
of payments, the establishment of accounts, the NJP anticipates close coordination between
and the report requirements. The Ministry of the programme implementation bodies and
Finance releases funds through the Treasury the PJCM, once it becomes operational.
Department to the line ministries’
implementing projects. This process means Generally, bilateral activities are planned on
that funds can only be disbursed if line an annual basis, and are an outcome of direct
ministries have formulated counter narcotics
negotiations between the donor country or
projects that meet the requirements of the
agency and the Government. Bilateral
CNTF administrator. In practice, only a
programs are run according to the donor
relatively small number of projects have
country’s or donor agency’s funding,
satisfied these requirements.
implementation, monitoring and evaluation
requirements. The primary purpose for
3.  Monitoring and Evaluation  including bilateral programs in the NJP is to
Monitoring of the CNTF is carried out by the encourage a synergistic and holistic approach
implementing and executing agencies, as well to the justice sector, minimizing the possibility
as by the UNDP. In addition, there is a of disruptions and uncertainties that may
Monitoring Agent assigned by the Ministry of result from short-term planning. Accordingly,
Finance. Audit arrangements of the CNTF are the NJP will ensure that donors will have the
governed by the National Execution Modality ability to continue independent program
audit regime, which transfers audit planning and operations, with the benefit of
responsibilities to the Auditor General of the the additional coordination and Government
Government. input provided by the PSU reporting and
planning exercises.
In addition, the CNTF project document
provides for independent evaluations to be
organised by UNDP over the course of the MONITORING AND
program’s life. A first, mid-term, evaluation
took place earlier this year. Publication of
EVALUATION
results is pending, but it should be noted that
there is a possibility that the management
A.  Methodology  
structures of the CNTF might be changed in Programme monitoring and evaluation (M&E)
light of findings and recommendations from activities will be structured in an open manner
the evaluation. in order to accommodate a range of applicable
standards, including those specified in ANDS
D.  Bilateral  Structures,  guidelines, legal agreements and other
Mechanisms,  and  Financial  standards relating to NJP funding
mechanisms, as well as existing standards in
Reporting Systems  current projects. M&E activities are critical to
Donor funding on a bilateral basis consists of ensuring the success of the NJP and, properly
donor government or agency funding and structured, represent a valuable investment of
programmes delivered directly to the justice resources. Thus, ensuring that a) basic data
sector. To date, such assistance comprises capturing, management and analysis
most justice sector initiatives and programmes mechanisms are put in place for operational,
currently in operation in Afghanistan. The planning, decision-making, transparency,
ICGJR offers donors a forum to discuss accountability and learning purposes, b) the
cooperation, but until recently, there existed reporting system has the capacity to generate

NATIONAL JUSTICE PROGRAM 31


indicators or warnings of programme present time, M&E activities are fragmented
weaknesses, allowing the Government, and varied, depending on the funding stream
donors, or implementers to take timely of individual projects. The Government,
corrective actions where necessary, and c) through the JCMB, conducts monitoring of
effective follow-up up are in place is as central certain high-level benchmarks, including those
to the programme as the programmatic in the Afghanistan Compact. There is no
activities themselves. It must be centralized reporting or evaluation system,
acknowledged at the outset that the and many of the existing reporting
Government’s capacity to analyse the requirements are overlapping. M&E activities
performance of the justice system is limited by should be structured in a manner that
a lack consistently reliable data. As such, eliminates unnecessary duplication and
impact and effectiveness of programmatic overlap and facilitates effective and efficient
inputs may be difficult to assess without the implementation of NJP activities. Therefore,
establishment of a baseline of data regarding the Government anticipates that, over the life
the performance of the legal system. of the NJP, M&E activities will be further
Comprehensive data gathering could be costly harmonized and coordinated, allowing a more
but will ultimately yield management and focused analysis of programme success.
oversight efficiencies. It has therefore been
included as one of the proposed development As with all other elements of the NJP, M&E
objectives in Part 2 (and as a policy action in efforts will respect and naturally build on the
Annex 1). In several instances, the Part 2 work already carried out by the Government
matrices suggest a reference to survey data as and the donor community. Ultimate
a means for monitoring and evaluating responsibility for M&E will rest with the
individual component activities. In those Government. As demonstrated in Annex 2,
instances, it is anticipated that the proposed the Government has begun the process of
legal system performance survey would be the implementing M&E initiatives.
source of relevant data.
The NJP will include five types of monitoring
and evaluation activities:
Programme M&E activities will provide
timely feedback and analysis to programme ƒ Financial monitoring of NJP expenditures
partners, funders, managers and will be performed according to procedures
implementers. Information generated through associated with relevant funding
the M&E process will be used to: facilitate stream(s); that is, ARTF, LOTFA, CNTF,
problem-solving at the individual project and bilateral donor expenditures will be
level, identify trends requiring corrective monitored in accordance with procedures
action at the programme level; evaluate specified in applicable agreements with
programme performance; document the Government, and Government-funded
successful approaches and lessons learned; expenditures will be monitored according
and support strategic planning efforts. M&E to applicable law and procedures.
activities and analyses will be based on
ƒ Implementation monitoring of ongoing
measurement of key indicators linked with the
subprojects will focus on measuring
inputs and outputs of project components and
progress against benchmarks, targets, or
consistent with ANDS and NJSS benchmarks.
goals (outputs).
Such indicators will be monitored closely
during project implementation. ƒ Post-implementation monitoring of
completed subprojects will focus on the
B.  Monitoring  and  Evaluation  quality of completed subprojects (e.g.,
Process  design, construction, and lessons learned)
and sustainability.
The Government recognizes the paramount
obligation to its own citizens to ensure that ƒ Programme evaluation will provide a
more in-depth assessment of development
NJP activities are delivering expected results,
outcomes and impacts and the
and further recognizes that delivery of aid
effectiveness and efficiency of
may be conditioned on reasonable
implementation (including institutional
requirements to participate in donors’ own
monitoring and evaluation efforts. At the

32 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


arrangements, policies, procedures and donors or their representatives to minimize
management systems). inefficiencies in the reporting processes.
ƒ Programme impact monitoring will
provide an in-depth analysis of whether D.  Monitoring  &  Evaluation 
stakeholders and the Afghan public Process 
perceive that the NJP is having an impact
The NJP aims not only to develop a holistic
on restoring an effective justice system,
approach to the implementation of assistance
which is developing in a manner that
in the justice sector, but also to harmonize the
meets their needs.
monitoring and evaluation systems which, to
date, lack coordination. Enhanced
C.  Entities  in  Charge  of 
harmonization should serve to increase the
Monitoring and Evaluation  quality of information flow both to the
Ultimate responsibility for evaluation of NJP Government and to its donors. The NJP
activities rests with the Government, and must implementation structure should also serve as
be a cooperative effort shared by all justice a tool to facilitate the Government’s
compliance with existing donor reporting
institutions. However, the flexible structure of
requirements.
the NJP allows multiple funding sources,
creating a risk of a proliferation of overlapping
1.  Monitoring  and  Evaluation  of 
M&E requirements and efforts. At the present
Multilateral Projects 
stage of justice sector assistance, M&E
activities are fragmented. Donors conduct The POC will play an active role in
monitoring and evaluation activities for their coordinating and formulating M&E policies.
own information and records. Multilateral The PSU will coordinate the Government’s
funders’ legal agreements establish detailed compliance with multi-lateral funders’
monitoring and evaluation procedures.
systems for monitoring and standards for
Project indicators for NJP elements that will be
evaluations. Bilateral donors’ agreements
funded through the multilateral mechanisms,
with the Government may reflect an ad hoc
including ARTF, LOTFA and CNTFA, will be
grouping of monitoring systems and developed pursuant to the processes set forth
evaluation methods. The Government in the relevant governing agreements. That is,
attempts to comply with donors’ varying for those components of the NJP funded via
requirements, but the range of reporting the ARTF, the normal rules and procedures
systems complicates its own efforts to monitor governing the operations of the “Recurrent”
and evaluate progress in the justice sector as a and “Investment” windows of the ARTF will
whole. apply to each respective program component,
including mid-term review procedures.
It is recognized that a successful monitoring
system must avoid undue complexity, and A Monitoring Agent is currently in place to
should be based on mutual sharing of review and report on expenses in the
“Recurrent” cost window, and will continue to
monitoring and evaluation data. Accordingly,
use currently applicable review and reporting
the PSU will play a primary role in ensuring
mechanisms. M&E for NJP programme
coordination of M&E methods, measures, and components funded through the “Investment”
processes. PSU will review proposed projects window will be conducted by entities
for addition to the NJP, and will advise on designated in the General Conditions and
possible efficiencies to be sought and Technical Annex to a project legal agreement
duplications to be avoided in proposed M&E to be negotiated between the ARTF
activities. As projects progress, PSU will also Administrator and the Ministry of Finance.
assume responsibility for coordinating reports
of monitoring and evaluation data, including It is anticipated that these documents will
measures of provincial impact. Its centralized establish one or more monitoring and
role in collecting and reporting monitoring evaluation unit(s) specifically charged with
data will allow it to work cooperatively with overseeing M&E activities for the ARTF
components of the NJP, and communicating

NATIONAL JUSTICE PROGRAM 33


with the PSU regarding exchange of M&E data PSU will explore possibilities for consolidating
and reporting. Similarly, LOTFA-funded M&E design and reporting with trust fund
projects will be monitored and evaluated in officials and donor programme managers.
accordance with the United Nations Such discussions would ideally result in a
Development Programme’s standards and process that encourages ministries and other
procedures and the UNDP Handbook on partners to participate in the development of a
Monitoring & Evaluating for Results, and single, coordinated M&E process. The issue
will require substantial policy and technical
CNTF-funded projects will be monitored and
discussions, which may be pursued during the
evaluated according to the procedures already
life of the NJP. With such goal in mind the
in place for that trust fund.
duties of the POC will also include the
facilitation of a dialogue between justice
2.  Monitoring  and  Evaluation  of  institutions and donors to develop a common
Bilateral Projects  monitoring and evaluation framework for the
With respect to bilateral mechanisms, the PSU implementation of the NJP
will work to facilitate a successful monitoring
system that avoids undue complexity and E.  Evaluation  Time  Schedule 
encourages the exchange of monitoring and and Reporting System 
evaluation data between the Government and
donors. Evaluation of NJP program M&E data collection, reporting and analysis
components to be carried out as bilateral will be conducted according to the timelines
projects will be performed consistent with and procedures negotiated with
ANDS procedures for monitoring and administrators of multilateral trust funds and
evaluation, as well as existing project with bilateral donors. The PSU will collect
guidelines. To the extent existing project and maintain records of such agreements, for
guidelines and ANDS procedures are instance the legal agreement of the ARTF. The
inconsistent, bilateral programs will, at least Government notes that in negotiating such
initially, be evaluated pursuant to existing agreements, a priority will be minimizing the
project guidelines so as to minimize undue frequency of duplicative reporting, so as to
disruption of current work. However, over reduce administrative burdens and costs.
time, it is expected that a three-phased process
for identifying and articulating bilateral
project indicators will be implemented. The GENERAL EXPECTED
process will involve preliminary articulation OUTCOMES, RISKS AND
of indicators by the donor, followed by PSU
review and joint re-articulation. In submitting
FINAL REMARKS
information concerning proposed bilateral
projects to the PSU, donors will propose
A.  NJP Expected Outcomes 
indicators, as well as monitoring and The purpose of the NJP is to execute the NJSS.
evaluation methods, in their project
descriptions. PSU will review the project 1.  Afghanistan Compact and NJSS 
proposal to identify potential deficiencies in
analyses or data collection and to ensure The high-level objectives of the NJSS are
consistency with ANDS standards. Thereafter, directly derived from the Afghanistan
the donor, the PSU, and ministry partners will Compact Rule of Law Benchmarks. The latter
collaborate to address any issues identified are quoted below:
during the PSU review. Following the initial
review of proposed project indicators, PSU By end 1389 (March 2011), the legal
will coordinate a clarification process, during framework required under the constitution,
which the parties will jointly work to eliminate
including civil, criminal and commercial law,
gaps or other deficiencies in the articulation of
will be put in place, distributed to all judicial
project indicators.
and legislative institutions and made available
3.  Monitoring  &  Evaluation  to the public.
Design and Reporting 

34 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


By end-1389 (March 2011), functioning five years the justice institutions,
institutions of justice will be fully operational individually or jointly, will:
in each province of Afghanistan, and the ƒ Be structured, managed and
average time to resolve contract disputes will staffed according to processes
be reduced as much as possible. that improve efficiency and
enhance performance (NJP Part
A review and reform of oversight procedures 2 rows A.1.1, A.1.2, A.2.4,
relating to corruption, lack of due process and A.2.5);
miscarriage of justice will be initiated by end- ƒ Have strengthened their
1385 (March 2007) and fully implemented by management, leadership and
end-1389 (March 2011); by end-1389 (March administrative capacity (NJP
2011), reforms will strengthen the Part 2 rows A.1.2, A.1.3);
professionalism, credibility and integrity of
key institutions of the justice system (the ƒ Have established programme
Ministry of Justice, the Judiciary, the Attorney- management units for
General’s office, the Ministry of Interior and development planning,
the National Directorate of Security). analysis and implementation
(NJP Part 2 row A.3 and related
By end-1389 (March 2011), justice Key Outputs);
infrastructure will be rehabilitated; and ƒ Have established and/or
prisons will have separate facilities for women enhanced specialized capacity
and juveniles. to prosecute and adjudicate
cases involving cross-cutting
Following on from these benchmarks, the issues in counter narcotics,
NJSS takes a holistic view of the Afghan legal violence against women,
system, and takes into consideration corruption, as well as juvenile
contextual, overarching and cross-cutting justice (NJP Part 2 row E.2 and
issues. In the NJSS, the benchmarks have been related Key Outputs);
combined and reshaped into three high level
objectives, with corresponding areas of ƒ Establish a judicial service
activity. A listing of the goals and expected commission to evaluate the
outcomes follows13: The structure of the Part 2 judiciary and make
log frame corresponds, in broad terms, to the recommendations for
structure of the NJSS, with two NJP log frame necessary improvements (NJP
components devoted to each of the three NJSS Part 2 row A.1.4); and
goals. However, for programmatic reasons, ƒ Have established translation
the structure of the log frame does not and publication units (NJP Part
precisely replicate that of the NJSS. To guide 2 rows A.1.5).
the user, the following list of NJSS goals and
expected outcomes is annotated in parentheses 2. Human Resource Development
with the corresponding row number(s) of the and Salaries - within five years, the
NJP log frame: justice institutions, individually or
jointly, will:
ƒ Goal 1: Improved institutional capacity to ƒ Have recruited and promoted
deliver sustainable justice services justice professionals on merit,
1. Institutional Reform, based on established policies
Restructuring, Management, and procedures, including
Information and Processes - within meeting the target of 30% of
the professional staff being
female (NJP Part 2 row A.2.1);

13 ƒ Be paying their professional


As the specific language of the NJSS is being
completed simultaneously with this document, objectives
and other staff according to
may require further harmonisation. The text reflects increased salary and updated
language from the most recent draft of the NJSS.

NATIONAL JUSTICE PROGRAM 35


grading policies and scales ethics panels (NJP Part 2 rows
(NJP Part 2 row A.2.2); and A.4.3); and
ƒ Have developed and ƒ Have established in at least
implemented institutional eight major provincial capitals
arrangements for vocational an easily accessible, easily used
training of judges and and fully functioning public
prosecutors, as well as for complaints system (NJP Part 2
continuing legal education row F.1.4).
(NJP Part 2 rows C.2 and C.3,
5. Infrastructure, Transportation and
and related Key Outputs).
Equipment - within five years the
3. Information Systems and Processes justice institutions, individually or
- within five years, the justice jointly, will:
institutions will:
ƒ Complete an inventory of all
ƒ Have mapped in detail the infrastructure and
processes linking them, and transportation assets (NJP Part
will have streamlined these 2 row B.1.1);
processes to improve
ƒ Establish a comprehensive,
information systems and
nationwide (regional,
business processes, with the
provincial and sub-provincial),
aim of reducing delays in
prioritised and sequenced
processing of cases,
infrastructure development
administrative costs and
plan with standardized designs
vulnerability to corruption
(NJP Part 2 row B.1.1);
(NJP Part 2 rows E.1, and
related Key Outputs). ƒ Develop training materials and
programmes for maintaining
4. Professional Integrity and
and managing facilities,
Institutional Transparency - within
transportation and equipment
five years the justice institutions,
(NJP Part 2 rows B.1.2, B.1.3);
individually or jointly, will:
ƒ Construct a new Supreme
ƒ Have determined their
Court building in Kabul; as
vulnerabilities to corruption
well as new MOJ and AGO
and established policies and
headquarters facilities (NJP
procedures to eliminate such
Part 2 rows B.1.4);
vulnerabilities (NJP Part 2 row
A.6.2); ƒ Construct or rehabilitate justice
infrastructure, including
ƒ Have published and
offices, courts, prisons, and
disseminated codes of ethics
juvenile rehabilitation centers
and professional standards at
in all provinces (NJP Part 2
the national and provincial
rows B.1.1, B.1.5);
level (NJP Part 2 row A.4.1);
ƒ Construct and maintain
ƒ Have trained 60 percent of all
residences for judges (NJP Part
judges and prosecutors on their
2 rows B.1.1, B.1.5); and
respective ethics codes and
arranged for curricula at ƒ Have sufficient transportation
university and Stage courses to assets to provide justice
incorporate ethics training services throughout the
(NJP Part 2 row A.4.2); country (NJP Part 2 rows B.3
and related Key Outputs).
ƒ Have worked in cooperation
with the Independent Bar ƒ Goal No. 2: Improved coordination and
Association to put in place integration within the justice system and
enforcement, oversight and with other state institutions.
disciplinary mechanisms, like

36 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


1. Legislative Processes - within five of the United Nations
years, Convention Against
Corruption, and other
ƒ The MOJ and Parliament will
applicable international treaties
increase cooperation to
and conventions, including the,
strengthen and enhance the
International Covenant on
efficiency of the legislative
Civil and Political Rights, and
process and clear the current
the Optional Protocol;
backlog of legislation; and
Convention on the Elimination
systems will be improved so as
of All Forms of Discrimination
to ensure increased efficiency
against Women; United
and the prevention of future
Nations Convention against
backlogs (NJP Part 2 row D.3
Transnational Organized
and related Key Outputs);
Crime; International
ƒ Taqnin will be strengthened Convention on the Elimination
through reforms and of All Forms of Racial
restructuring to enable it to Discrimination; and
more effectively carry out its International Covenant on
legislative duties (NJP Part 2 Economic, Social and Cultural
row D.1 and related Key Rights (NJP Part 2 row D.2.2);
Outputs);
ƒ A new criminal procedure code
ƒ Regular English language will be enacted and
classes will be provided to disseminated, and for its
relevant staff in each justice implementation, training with
institution so that they can written commentary will be
communicate and make use of provided to relevant legal
legal resources in English (NJP professionals (NJP Part 2 rows
Part 2 row A.1.5); E.1.2, E.1.3, );
ƒ Taqnin will review all draft ƒ All laws, regulations, and other
laws and amendments for legal instruments will be
consistency with international compiled, indexed, published
human rights instruments and distributed to the public
applicable to Afghanistan (NJP nationwide and to state
Part 2 row D.2.2); institutions at all levels, and
will also be uploaded and
ƒ MOJ will ensure timely
maintained on publicly
publication and distribution of
accessible government
laws to all state institutions and
websites (NJP Part 2 rows D.2
ensure their availability to the
and related Key Outputs and
public (NJP Part 2 row G.1 and
F.1 and related Key Outputs);
related Key Outputs);
and
ƒ Relevant institutions will
ƒ All government agencies and
conduct a comprehensive and
ministries will have improved
gender oriented review and
their technical capacity to draft
prioritisation of civil, criminal,
and propose non-
and commercial laws that are
discriminatory legislative and
required to be enacted or
regulatory instruments (NJP
amended to complete the legal Part 2 row D.3 and related Key
framework required by the Outputs).
Constitution (NJP Part 2 rows
D.2 and related Key Outputs); 2. Legal Education and Training –
within five years:
ƒ All laws will be fully
harmonized with the ƒ A harmonized core curriculum
implementation requirements for university faculties of law

NATIONAL JUSTICE PROGRAM 37


and political science and of curricula and continuous
Shari’a will be completed and education programs for judges,
launched (NJP Part 2 row prosecutors and legal officers;
D.1.1); and a national law library and
legal archive for legal research
ƒ A masters’ programme in law
(NJP Part 2 row C.2 and related
will be developed (NJP Part 2
Key Outputs).
rows D.1.2);
ƒ Goal 3: Improved Quality of Justice.
ƒ All new entry level
prosecutors, judges and 1. Criminal Justice System - within
government lawyers will have five years:
legal qualifications from
ƒ No suspect or accused person
universities or other
will be in detention or
institutions of higher education
incarceration without the
and will have completed Stage
prerequisites of a lawful
(induction) vocational training
charge, being informed of the
offered in coordination with
charges against him or her, and
the NLTC (NJP Part 2 rows C.2
authorization of a competent
and related Key Outputs);
authority (NJP Part 2 row E.3
ƒ Afghan law professors and law and related Key Outputs, and
students will have access to row E.6 and related Key
legal scholarship materials and Outputs);
resources, and will have
ƒ The SC, MOJ, AGO, police and
updated and modern
NDS will take necessary
(including technological)
measures to implement
research and teaching facilities
information management
in all university faculties of law
systems to better coordinate
and political science and of
their functions and activities.
Shari’a (NJP Part 2 rows C.1.3,
This will include strengthening
C.1.4);
and fully integrating case
ƒ The percentage of female management, tracking and
professors and female students operating systems and
will be raised to 30 percent at deploying such systems in at
university faculties of law and least eight major provinces
political science and of Shari’a, (NJP Part 2 rows F.1.1, F.1.7,
and provide them necessary F.1.8, F.1.9, F.1.10);
facilities and remedial courses
ƒ The implementation of the
as necessary (NJP Part 2 row
Juvenile Justice Code will have
C.1.8); and
resulted in regulations being
ƒ Formal arrangements and promulgated and applied,
procedures for partnerships, juvenile justice professionals
scholarships and other linkages being trained in all justice
with foreign academic and institutions and juvenile justice
vocational training institutions facilities in at least eight major
will be concluded and provinces (NJP Part 2 row E.7
operational (NJP Part 2 row and related Key Outputs);
C.1.5);
ƒ A comprehensive review of
ƒ NLTC will have expanded its sentencing laws and policies
activities to fulfill its will have been completed and
Presidentially-mandated duties recommendations for
and, in addition to conducting improving penal and
the judicial Stage, will have sentencing system will have
developed, in consultation
with the justice institutions:

38 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


been prioritized (NJP Part 2 courts (NJP Part 2 rows E.4.6,
rows E.6.1); E.4.7);
ƒ Efficient and effective systems ƒ The justice institutions will
will be in place for protecting review and update the Civil
and assisting victims and Procedure Code and related
witnesses, and managing judicial procedures (NJP Part 2
evidence, in at least eight major row E.4.3);
provinces (NJP Part 2 rows
ƒ The MOJ will enhance and
E.3.1, E.3.2, E.3.3); and
expand its capacity to
ƒ Effective public awareness conciliate and mediate private
campaigns will have been disputes (NJP Part 2 row E.4.8);
conducted across the country
ƒ The MOJ will work with other
to improve citizens’ knowledge
of their rights and relevant Government
responsibilities in and to the institutions to enhance and
criminal justice system, with streamline processes for
particular emphasis on the enforcement of judgments (NJP
needs of victims, witnesses and Part 2 row E.1.11);
defendants (NJP Part 2 rows ƒ The justice institutions will
E.3.1, F.4 and related Key survey and standardize routine
Outputs). legal documents and the
2. Civil Justice - within five years: systems for registering,
indexing and retrieving them
ƒ The Supreme Court will
(NJP Part 2 rows F.1.5, F.1.6,
implement an efficient court
F.1.7); and
case administration and
management system in the ƒ Justice institutions will develop
eight major regions including a policy regarding the
updated regulations. In introduction of administrative
particular land, commercial law structures and procedures
and family cases will be better to enhance accountability of
managed (NJP Part 2 rows government institutions (NJP
E.1.7, E.1.8, E.1.9, E.1.10); Part 2 row E.5 and related Key
ƒ The commercial court system Outputs).
will be expanded, modernized 3. Legal Aid and Legal Awareness -
and staffed with adequately within five years:
trained judges and ancillary
service providers such as ƒ Establish a fully operational
bailiffs and receivers (NJP Part Independent Bar Association
2 rows E.4.1, E.4.2); (IBA) (NJP Part 2 row A.4.4);

ƒ The Supreme Court and MOJ ƒ Establish a comprehensive


will enhance their capacity to administrative system for legal
resolve land disputes and to aid, with special attention to
formalize rights to and over ensuring women’s access to
land (NJP Part 2 rows E.4.4, legal aid (NJP Part 2 rows F.2.1,
E.4.5); F.2.2, F.2.3);
ƒ The Supreme Court will work ƒ Fully establish a unit in the
with other justice institutions MOJ responsible for
and other relevant Government monitoring human rights
institutions such as the across the Government (NJP
Ministry of Women’s Affairs to Part 2 row F.3 and related Key
enhance the capacity of family Outputs);

NATIONAL JUSTICE PROGRAM 39


ƒ Continue and expand current ƒ insufficient ownership of the NJP by the
legal awareness and legal justice institutions and other key
literacy programmes alongside Government entities, resulting in
expansion of resources and diminished capacity of the POC to offer
deployment of personnel. This substantive programme oversight and a
will include development of lack of sustainability of results;
legal awareness programmes ƒ insufficient ownership of the NJP by
on: rights and responsibilities donors, resulting in inefficient or delayed
of the women, men and the progress toward expected outcomes;
justice institutions and how the
formal justice system works for ƒ insufficient commitment by stakeholders
Afghan citizens (NJP Part 2 to the synergetic and coordinated
row F.4 and related Key approach described in the NJP, resulting
Outputs); in inefficient or delayed progress toward
expected outcomes.
ƒ Develop policies towards
Traditional Dispute Resolution Risks and assumptions associated with
(TDR) mechanisms to promote individual development objectives and
compliance of TDR with projects are identified in Part 2.
Afghan Constitutional However, most of these risks can be mitigated
principles and values, and by realistic work plans with clear timeframes.
Islamic law (NJP Part 2 rows In addition, the overall effectiveness of the
F.5 and related Key Outputs); above arrangements and their impact on
and capacity building and long term sustainability
will be systematically reviewed throughout
ƒ Develop policies to implement the project and during monitoring and
the Government’s Action Plan evaluation. With these measures in place, the
for Peace, Reconciliation and expected results of the NJP can be achieved
Justice in Afghanistan (NJP within the five year life of the programme.
Part 2 row F.6 and related Key
Outputs). C.  Final Remarks 
B.  Risks  The Rome Conference envisaged the NJSS and
the NJP as a means of improving progress
A majority of the activities described in the towards the realization of the rule of law in
NJP assume the availability of donor funding. Afghanistan. The NJP is based on the belief
They also assume that the appropriate
that a fair and efficient justice sector is
capacity and organisational structures will be
essential to any society. Donors’ proactive
built, and that the required implementing
support is essential to achieving the expected
partners are available to carry out specific
activities. The key risks to successful results of the NJP. Both the implementation of
implementation are: the activities and the efficiency of the
mechanisms set up in this document are
ƒ political instability; relying on complete and open cooperation
between donors and the Government.
ƒ deterioration in the security environment
needed to implement projects, particularly The justice sector is in need of effective
those envisioned for provincial areas; synergetic approaches to implementation and
funding. The Government expects that this
ƒ delays in setting up NJP implementation programme will be considered by the donors’
structures;
community as the proper tool for reaching the
ƒ insufficient transparency, accountability of NJSS high level objectives, reducing
expenditures, or financial reporting could duplication, and increasing support for
result in loss of donor confidence and multilateral mechanisms.
funding, which would limit progress
towards expected NJP results;

40 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NATIONAL
JUSTICE PROGRAM
PART II
NATIONAL JUSTICE PROGRAM LOGICAL FRAMEWORK 
COMPONENT AND RELATED
OBJECTIVES:
NJSS GOAL:

A.1 Justice institutions are structured, managed and administered according to their mandate and functions
COMPONENT A A.2 Justice institutions are professionally staffed by men and women who are equally remunerated according to their competencies and
Public can rely on effectively organized and qualifications.
professionally staffed, transparent and
accountable justice institutions. A.3 Justice institutions have established the organs necessary for implementation of the National Justice Programme
A.4 Justice institutions and organisations have adopted and are enforcing codes of professional conduct and ethics
RELATED TO NJSS GOAL: 1 A.5 Justice institutions have developed transparent operating procedures
A.6 Justice institutions have adopted effective anti-corruption measures

COMPONENT B B.1 Justice institutions, including the Central Prisons Directorate, are provided with buildings necessary for fulfillment of their tasks.
Justice institutions have access to infrastructure, B.2 Justice institutions are provided with equipment and supplies necessary for fulfillment of their tasks
transportation, equipment, and supplies adequate B.3 Justice institutions are provided with means of transport necessary for fulfillment of their tasks
to support effective delivery of justice services

RELATED TO NJSS GOAL: 1

COMPONENT C C.1 Universities provide legal education which equips graduates with the intellectual skills and substantive knowledge to perform well as
Legal education and vocational training are justice professionals.
adequate to provide justice professionals with C.2 Justice institutions equip new professionals with the practical and professional skills necessary to fulfill their duties
sufficient know-how to perform their task.
C.3 A system of continuing legal education for justice professionals, paying specific attention to women, is in place and operational.

RELATED TO NJSS GOAL: 2

COMPONENT D D.1 The Taqnin has sufficient capacity and resources to review, amend or draft legislation.
Statutes are clearly drafted, constitutional and the D.2 All laws in force have been reviewed for constitutionality
product of effective and consultative drafting
processes D.3 Capacity for legislative drafting has been enhanced throughout other government institutions including Parliament
D.4 System is in place to ensure consultation of stakeholders regarding proposed or pending legislation
RELATED TO NJSS GOAL: 2

COMPONENT E E.1 Coordination and cooperation among justice sector institutions is enhanced, resulting in improved criminal and civil trials and case
42 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
COMPONENT AND RELATED
OBJECTIVES:
NJSS GOAL:
Justice institutions effectively perform their management
functions in a harmonized and interlinked manner
E.2 Adequate institutional organization structures capable of addressing cross cutting issues in rule of law are in place

RELATED TO NJSS GOAL: 3 E.3 Criminal justice is administered effectively, and in accordance with the law, the Constitution, and international standards
E.4 Civil justice is administered effectively, and in accordance with law, the Constitution, and international standards.
E.5 Policies regarding introduction of administrative law structures are in place
E.6 Policies are in place to ensure that the corrections system operates in accordance with international standards
E.7 Enhance legal and policy framework related to juvenile offenders and children in conflict with the law
F.1 Practices and procedures governing trials and routine legal transactions, including registration of documents, have been streamlined
COMPONENT F and rationalised
Citizens are more aware of their rights and are F.2 Enhanced access to formal legal system for indigents, illiterates, women, and children
better able to enforce them.
F.3 Enhanced monitoring of human rights enforcement throughout the Government

RELATED TO NJSS GOAL: 3 F.4 Increased knowledge of laws, rights, and responsibilities through legal awareness campaigns
F.5 The role of traditional dispute resolution in the rule of law is defined, and TDR decisions consistently meet international human rights
standards.
F.6 Begin the process of establishing a transitional justice system to record past human rights abuses and preserve the rights of victims
consistent with the Government’s Action Plan for Peace, Reconciliation and Justice

NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 43


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS

COMPONENT A Public use of formal justice system and institutions is Evaluation of usage data Security conditions permit expansion of justice
Public can rely on effectively organized and increasing services into provincial areas
professionally staffed, transparent and
accountable justice institutions.
Objectives:
A.1** A.1 A.1 A.1
Justice institutions are structured, managed ƒ Justice institutions have met Civil Service ƒ Civil Service Commission ƒ Justice institutions remain cooperative with
and administered according to their mandate Commission benchmarks records Civil Service Commission processes
and function
A.2 A.2 A.2 A.2
Justice institutions are professionally staffed ƒ Percentage of justice institution staff positions that ƒ Institutional audits ƒ Resources to pay increased salaries are
by men and women who are equally are filled in accordance with PRR, NAPWA or available and functioning
remunerated according to their similar procedures has increased
competencies and qualifications.
A.3** A.3 A.3 A.3
Justice institutions have established the ƒ Programme Oversight Committee has been ƒ Review of records ƒ International community continues to support
organs necessary for implementation of the established and is operational ƒ Institutional audits coordinated development in justice sector
National Justice Programme ƒ Programme Support Unit has been established ƒ Leadership of institutions continues to support
and is operational National Justice Programme
ƒ Programme Units have been established and are
operational
A.4 A.4 A.4 A.4
Justice institutions and organisations ƒ Justice institutions are proactively enforcing ƒ Institutional audits ƒ Institutional leaders demonstrate consistent
have adopted and are enforcing codes of codes of ethics ƒ Survey of justice commitment to uphold standards in their
professional conduct and ethics ƒ Increased number of justice professionals are professionals respective institutions
aware of ethical requirements ƒ Review of complaints data
ƒ Data tracking numbers of public complaints show
improvement
.5 A.5 A.5 A.5
Justice institutions have developed ƒ Operating procedures can be ascertained easily ƒ Institutional audit ƒ Institutional culture is able to adapt to
transparent operating procedures requirements of openness
A.6 A.6 A.6 A.6
Justice institutions have adopted effective ƒ As per National Anti-Corruption Strategy As per National Anti-Corruption As per National Anti-Corruption Strategy
anti-corruption measures Strategy
Key Outputs:
A.1 A.1.1 A.1.1 A.1.1
44 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
A.1.1. ƒ Survey and analysis of current structures and ƒ Review of documents • Stakeholders can reach consensus
Assess, analyse and, in consultation with processes has been conducted
stakeholders, develop recommendations for ƒ Recommendations have been agreed with ƒ Review of meeting minutes
improving the organisational, management relevant stakeholders
and administrative structures of justice ƒ Institutional audit
ƒ Institutions have created mechanisms formally to
institutions to enable them to fulfill their
adopt and implement new policies and
respective mandates and functions at
procedures
headquarters and at provincial and district
level offices. Where appropriate, consider
introducing management support units to
institutional structures.
A.1.2. A.1.2 A.1.2 A.1.2
Implement recommendations ƒ New operations manuals have been prepared ƒ Review of documents Institutions remain committed to administrative and
ƒ Staff has been trained ƒ Review of training records management reform
ƒ Revised administrative and management policies ƒ Institutional audit
and procedures have been implemented at
institution headquarters and eight major provinces
A.1.3 A.1.3 A.1.3 A.1.3
Analyse and develop recommendations ƒ Working groups have been established and are ƒ Review of meeting minutes ƒ Security conditions permit comprehensive
regarding justice institutions’ record-keeping functioning ƒ Review of documents survey and analysis
practices in order to improve accuracy and ƒ Measures of record-keeping accuracy and ƒ Sufficient resources exist to introduce and
retrievability and to avoid redundant retrievability are developed implement new practices
processes ƒ Review of documents
ƒ Survey and analysis of current record-keeping
practices has been conducted
ƒ Recommendations have been agreed with ƒ Institutional audit
relevant stakeholders and are being implemented ƒ Analysis of measurement
ƒ Justice institutions demonstrate consistent data samples
improvement on measures
A.1.4 A.1.4 A.1.4 A.1.4
Establish a Judicial Service Commission to ƒ Judicial Service Commission has been ƒ Review of meeting minutes ƒ Members of the judiciary are prepared to
evaluate the status of the judiciary and make established ƒ Review of documents cooperate with Judicial Service Commission
recommendations for necessary ƒ Review and evaluation has begun
improvements
ƒ Recommendations have been developed
A.1.5 A.1.5 A.1.5 A.1.5
Establish a translation and publication unit to ƒ A unit of highly qualified translators with ƒ Review of human resource ƒ Sufficient number of qualified translators with
NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 45


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
translate international legal materials into proficiency in the legal terminology of foreign records legal proficiency exists
Dari and Pashto and provide international languages (such as English, Arabic, and Urdu)
language training to relevant staff . has been established
ƒ Unit is operational
ƒ Institutional audit
ƒ Staff who will benefit from foreign language
training have been identified, and relevant training
programs designed ƒ Review of training records
ƒ Foreign language training has begun, and
trainees demonstrate increasing competence in ƒ Review of training records
foreign languages
ƒ Publication and distribution of translations of
ƒ Review of publications
foreign legal materials is increasing
A2:
Human Resources and Pay and Grading
A.2.1 A.2.1 A.2.1 A.2.1
Analyse and make recommendations for ƒ Survey has been completed and results analysed • Review of documents, • Justice institutions remain committed to
improving existing remuneration and human and reported including reports of IARCSC reform
resources systems in justice institutions ƒ Proposed improvements and amendments to
existing policies and systems have been
developed
A.2.2. A.2.2 A.2.2 A.2.2
Support development and introduction of ƒ Justice institutions have reviewed existing ƒ Review of documents ƒ Justice institutions remain committed to reform
institution-specific remuneration and human applications, human resources procedures, and ƒ Related government outside of justice sector
resources schemes, such as pay and compensation policies (e.g., Civil Service Commission) continue to
grading and performance evaluation ƒ Institutional audit
ƒ Justice institutions have developed and provide needed support
measures. implemented updated procedures and policies, ƒ Revised pay scales are sufficient to attract and
including NAPWA retain qualified personnel
ƒ Percentage of staff appointments that have been ƒ Review of human resources
made in accordance with new policies records

Improving Career Development


A.2.3 A.2.3 A.2.3 A.2.3
Justice institutions to establish links with ƒ Job fairs at universities are taking place on a ƒ Spot inspections • Justice institutions and universities are
universities for recruiting candidates (e.g., regular basis able to reach agreements
job fairs and short internships). ƒ Justice institutions have developed internship ƒ Institutional audit
schemes for law students

A.2.4 A.2.4 A.2.4 A.2.4


Survey, develop and implement ƒ Survey has been completed and results analysed ƒ Review of documents • Justice institutions cooperate with
46 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
recommendations to improve existing career and reported ƒ Review of documents and production of survey
development practices in each institution ƒ Proposed improvements and amendments to institutional audit • Institutional culture is able to adapt to
with particular attention to complying with existing policies and systems have been ƒ Review of staff records proposed changes
gender benchmarks developed
ƒ Percentage of women benefiting from new career
development practices has increased
A.2.5 A.2.5 A.2.5 A.2.5
Develop institutional capacity to train ƒ Justice institutions have designed and introduced ƒ Institutional audits ƒ Justice professionals have sufficient capacity
professionals, involving the Civil Service ƒ Staff training programmes for entry level to participate in and absorb training
Commission’s Leadership Development professionals and existing work force that would ƒ Training venues are accessible and suitable
Program otherwise not qualify for merit-based recruitment; for use by participants, in particular female
ƒ Staff training programmes for specialists in professionals
cross-cutting units; and
ƒ Skills training for administrative professionals
(e.g., budget, information technology, asset
management)
ƒ Increasing percentage of staff, in particular
women, have successfully completed training Review of staff and records
programmes disaggregated by gender
A3:
National Justice Programme Implementation
A.3.1 A.3.1 A.3.1 A.3.1
Create and establish the Programme ƒ POC is constituted ƒ Review of documents ƒ POC is established in a timely and cost-
Oversight Committeee, together with ƒ POC selects a form of administrative support ƒ Institutional audit efficient manner that attracts donor support
requisite administrative and logistical ƒ POC is enabled to act as the ARTF justice
support. ƒ Funding for administrative support is identified
project steering committee
Small cadre of administrative and logistical staff are
appointed
A.3.2 A.3.2 A.3.2 A.3.2
Create and establish the Programme ƒ Project plan and proposal for the PIU is drafted in ƒ As directed by ARTF ƒ Funding for the PIU is obtained
Support Unit. accordance with ARTF guidelines procedures
ƒ The PIU is established and staff are appointed ƒ PIU is established in a timely
PIU begins to operate as ARTF justice project and cost-efficient manner that
implementation body attracts donor support

A.3.3 A.3.3 A.3.3 A.3.3


NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 47


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
Create and establish Programme Units in ƒ Programme Units have been established in each ƒ Review of documents ƒ Sufficient institutional capacity exists to
each justice institution justice institution • Institutional audit operate Programme Units successfully
ƒ Programme Units are operational in each justice
institution
A.3.4 A.3.4 A.3.4 A.3.4
Design and administer a baseline survey of ƒ Project plan and proposal for baseline legal system ƒ As directed by ARTF procedures ƒ Donors remain committed to consistent
legal system performance. performance survey is drafted monitoring and evaluation efforts
ƒ Funding for survey is obtained ƒ Central Statistics Office has capacity to
ƒ Survey is designed and administered create baseline survey in time to inform
the programme
ƒ Data are collated, analysed, and distributed
Key Outputs:
A.4
Codes of Ethics A.4.1 A.4.1 A.4.1
A.4.1 ƒ Working group is established and functioning ƒ Minutes of meetings ƒ Justice institutions remain committed to
Develop, finalize and disseminate codes of ƒ Preliminary drafts of ethics codes have been ƒ Review of documents improve accountability and transparency
ethics for professionals in justice institutions prepared for each institution
ƒ Drafts have been disseminated to stakeholders for ƒ Review of comments
consultation and comment
ƒ Comments are incorporated, and institutions’
ethics codes have been harmonised ƒ Review of revised ethics codes
Audit and spot inspection
ƒ Final codes are disseminated to justice
professionals in each institution
A.4.2 A.4.2 A.4.2 A.4.2
Train justice professionnels on ethics code. ƒ Justice institutions, in consultation with the ƒ Review of training curricula ƒ Justice institutions remain committed to
Independent National Legal Training Center, have improve accountability and transparency
developed training curricula
ƒ Institutional audits
ƒ Trainings have been implemented
Review of training and employment
ƒ 60 percent of justice professionals have records
successfully completed ethics training
A.4.3 A.4.3 A.4.3 A.4.3
Design and establish dedicated and ƒ Justice institutions have established and staffed ƒ Institutional audit ƒ Justice institutions remain committed to
effective institutional units and procedures to dedicated units improve accountability and transparency
advise on and enforce codes of ethics ƒ Ethics units are operational ƒ Spot inspection
ƒ Procedures have been established for advising on ƒ Review of documents
ethical questions, accepting confidential complaints
regarding possible violations and enforcing codes
48 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
ƒ Ethical advice is offered and disseminated
ƒ Enforcement actions have begun ƒ Review and count of ethics
opinions
• Review and count of
enforcement actions
Independent Bar Association A.4.4 A.4.4 A.4.4
A.4.4 ƒ Preliminary organizational documents for the ƒ Review of membership records ƒ Association is able to retain
Improve the professional and ethical Independent Bar Association have been prepared, ƒ Review of documents independence from and impartiality
standards of attorneys at law through an IBA has been formally established towards political actors
ƒ Review institutional records
Independent Bar Association ƒ Awareness of the Advocates Law is expanding,
and membership numbers in the Independent Bar
Association are increasing
ƒ Independent Bar Association works with
stakeholders to develop professional standards,
including professional entry requirements
ƒ Independent Bar Association designs and
implements programs to strengthen the national
network of female lawyers
ƒ Independent Bar Association actively monitors and
enforces professional standards
Public Information on Operating Procedures
A.5.1 A.5.1 A.5.1 A.5.1
Develop and standardise informational ƒ Justice institutions have formed working groups to ƒ Minutes of meetings ƒ Justice institutions remain willing to
materials on the mission, the function and develop and produce information materials cooperate
the operating procedures of each justice ƒ Information materials are being disseminated to
institution and make it available to the public ƒ Spot inspections
the public
ƒ Increasing percentage of people demonstrate
familiarity with the mission and function of justice ƒ Sample surveys
institutions
A.5.2 A.5.2 A.5.2 A.5.2
Establish a dedicated office within each ƒ Prioritized and sequencing plans have been ƒ Review of documents ƒ Members of public are willing to address
justice institution and organization capable of developed and agreed questions to institutional focal points
acting as a focal point for public inquiries ƒ Suitable premises have been secured and ƒ Institutional audit
equipped
ƒ Review of training records
ƒ Staff have been assigned and trained
ƒ Spot inspections
NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 49


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
ƒ Easily accessible information desks are operational
A.5.3 A.5.3 A.5.3 A.5.3
Encourage press coverage of judicial ƒ Increased number of courtrooms sufficiently large ƒ Audit/survey of infrastructure ƒ Press has sufficient capacity to offer
proceedings, and public attendance at such to accommodate members of the press and the routine coverage of legal proceedings
proceedings public ƒ Members of the public are willing to
ƒ Review of press coverage
ƒ Details of increasing number of trials are reported attend legal proceedings
in public media ƒ Spot inspections
ƒ Number of trials at which members of the public
are present have increased
A.6:
Anti-Corruption Measures
A.6.1 A.6.1 A.6.1 A.6.1
Implement the activities related to operations As per National Anti-Corruption Strategy As per National Anti-Corruption As per National Anti-Corruption Strategy
of the justice sector contained in the National Strategy
Anti Corruption Strategy.
A.6.2 A.6.2 A.6.2 A.6.2
Develop and conduct vulnerability to ƒ Vulnerability to corruption assessment has been ƒ Review of documents and ƒ Staff cooperates with study
corruption assessments (including an conducted and polices have been developed basis procedures
assessment of the personal security of on the result of the assessment
justice professionals) and establish policies
and procedures to eliminate such
vulnerabilities
COMPONENT B
Justice institutions have access to Provision of material resources is in line with Review of documents Justice institutions are able accurately to
infrastructure, transportation, equipment, and institutional strategies and budgets Institutional audits identify and report their needs
supplies adequate to support effective
delivery of justice services
Objectives:
B.1.** B.1 B.1 B.1
Justice institutions, including the Central ƒ High-priority infrastructure projects have been ƒ Review of construction records ƒ Environmental and security conditions do
Prisons Directorate, are provided with completed within anticipated time frames, and not delay construction projects
buildings necessary for fulfillment of their planning has progressed for lower-priority
tasks. infrastructure projects ƒ Review of independent reports by
international observers
ƒ Prison conditions meet international standards
B.2. ** B.2 B.2 B.2
Justice institutions are provided with ƒ Justice institutions’ available equipment and ƒ Procurement records ƒ Justice institutions are able accurately to
equipment and supplies necessary for supplies are consistent with needs identified in ƒ Budget documents identify and report their needs

50 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
fulfillment of their tasks planning documents
B.3. ** B.3 B.3 B.3
Justice institutions are provided with means ƒ Justice institutions’ available means of transport is ƒ Procurement records ƒ Justice institutions are able accurately to
of transport necessary for fulfillment of their consistent with needs identified in planning ƒ Budget documents identify and report their needs
tasks documents
Key Outputs:
B.1:
Building Infrastructure B.1.1 B.1.1 B.1.1
B.1.1. ƒ Survey instruments are developed ƒ Review of documents ƒ Security conditions permit a full inventory
Conduct comprehensive inventory of all ƒ Inventories are in place
infrastructure assets, including detention
ƒ Prioritised infrastructure development plans
centres and prisons, indicating location, age,
outlining and scheduling needed rehabilitation and
state of repair, and ownership status and
construction projects are in place sufficient to:
prioritise and sequence rehabilitation and
construction ƒ Construct at least 20 new safe and secure
facilities per year, with emphasis on the busiest
localities
ƒ Rehabilitate at least 40 existing facilities per year,
with emphasis on ensuring safety and security in
the busiest localities
ƒ Construct needed residences for judges
ƒ Address the needs of vulnerable populations, with
particular attention to the need to provide separate
custodial arrangements for female detainees and
offenders, and to improve the conditions of female
detention centers and prisons
ƒ The feasibility of deploying mobile courts in areas
where there is currently no effective judicial
presence
B.1.2. B.1.2 B.1.2 B.1.2
Survey existing asset management capacity ƒ Surveys and reports are in place ƒ Review of documents ƒ Existing asset management records
and make recommendations for improvement permit a comprehensive survey
and consolidation of such capacity in
dedicated units, with attention to need to
ensure equitable access to justice facilities
for women and other underserved
populations.
NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 51


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS

B.1.3. B.1.3 B.1.3 B.1.3


Implement recommendations ƒ As defined in recommendations above ƒ Review of asset management ƒ Institutions have sufficient spare capacity
records to assume additional or modified duties

B.1.4 B.1.4 B.1.4 B.1.4


Justice institutions construct, acquire or make ƒ As defined in prioritized plan ƒ Inspection of buildings ƒ Security conditions permit
functional headquarter buildings and regional construction/rehabilitation
centres or facilities. ƒ Construction proceeds without
unanticipated contingencies
B.1.5. B.1.5 B.1.5 B.1.5
Justice institutions construct, acquire or make ƒ As defined in prioritized plan ƒ Inspection of buildings and ƒ Security conditions permit
functional on a priority basis infrastructure institutions during construction construction/rehabilitation
necessary to expand delivery of justice and upon completion
services throughout provincial and district ƒ Audit of building usage post-
areas outside of regional centres. construction
• Construction proceeds without
unanticipated contingencies
B.2:
Equipment and Supplies
B.2.1. B.2.1 B.2.1 B.2.1
Assess and prioritise equipment and supply ƒ Survey instruments are developed ƒ Review of documents ƒ Existing records are sufficient to assess
needs of justice institutions and establish ƒ Needs assessments have been completed ƒ Review assessments needs
effective and accountable procurement ƒ Institutional capacity and willingness to
systems. ƒ Accountability, transparency, management and ƒ Review of standards
audit standards have been established adhere to new procurement system exists
ƒ Review of procedures
ƒ Procurement systems have been developed ƒ Institutional audit
ƒ Procurement systems are in place ƒ Review of training records
ƒ Staff has been trained on use of procurement
systems
B.2.2. B.2.2 B.2.2 B.2.2
Provide equipment and supplies in ƒ As defined in needs assessment ƒ Audit of equipment usage ƒ Institutional capacity and willingness to
accordance with needs assessment. ƒ Procurement systems are satisfying defined ƒ Review of procurement system adhere to new procurement system exists
standards records
B.3:
Means of Transport
B.3.1. B.3.1 B.3.1 B.3.1
Conduct comprehensive inventory of all ƒ Survey instruments are developed ƒ Review of documents ƒ Security conditions permit comprehensive
transportation assets, indicating condition inventory
52 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
and expected lifespan. ƒ Inventories are in place
ƒ Prioritised acquisition plans have been developed
B.3.2. B.3.2 B.3.2 B.3.2
Survey existing asset management capacity ƒ Surveys and reports are in place ƒ Review of documents ƒ Existing asset management records
and make recommendations for permit a comprehensive survey
improvement.
B.3.3. B.3.3 B.3.3 B.3.3
Implement recommendations ƒ As defined in recommendations above • Review of asset Institutions have sufficient spare capacity to
management records assume additional or modified duties

B.3.4 B.3.4 B.3.4 B.3.4


Justice institutions acquire and maintain ƒ As defined in prioritised plans ƒ Inspection of transportation ƒ Assets remain under control of justice
transportation assets sufficient to fulfill their assets institutions
tasks ƒ Audit of asset usage
COMPONENT C
Legal education and vocational training are Justice professionals express increasing satisfaction Surveys of justice professionals Legal education system is sufficiently stable
adequate to provide justice professionals with with the quality of legal education and vocational to allow professional growth over time
sufficient know-how to perform their task. training
Objectives:
C.1. C.1 C.1 C.1.
Universities provide legal education which ƒ Senior justice professionals report increasing ƒ Surveys of senior justice ƒ Universities have sufficient resources to
equips graduates with the intellectual skills confidence in capacity of new graduates professionals enhance curricula and instruction
and substantive knowledge to perform well
as justice professionals.
C.2. C.2 C.2 C.2
Justice institutions equip new professionals ƒ Senior justice professionals report increasing ƒ Surveys of senior justice ƒ Justice institutions and senior justice
with the practical and professional skills confidence in capacity of recently hired and trained professionals professionals are prepared to make frank
necessary to fulfill their duties professionals appraisals of the performance of newly
hired employees
C.3.** C.3 C.3 C.3
A system of continuing legal education for ƒ Increasing number of justice professionals are ƒ Review of training records ƒ Justice institutions remain committed to
justice professionals, paying specific participating in continuing legal education disaggregated by gender offering, and allowing employees to
attention to women, is in place and access, ongoing training
operational.

NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 53


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS

Key Outputs:
Curricula Development
C.1.1. C.1 C.1 C.1
Create and launch an agreed core subject ƒ Representatives of faculties have met and agreed ƒ Review of agreement ƒ Ministry of Higher Education and
curriculum for Shari’a, law and political on core subjects ƒ Review of curriculum and universities remain committed to
science faculties ƒ Curriculum is finalised and teaching resources are teaching materials introducing unified core curriculum
developed by universities ƒ Review of training records ƒ Sufficient resources exist in educational
ƒ Staff are prepared to teach new curriculum sector to support development and
ƒ Review of enrolment records introduction of new curriculum
ƒ Curriculum is launched in Shari’a and law and
political science faculties
C.1.2. C.1.2 C.1.2 C.1.2
Develop and launch a masters’ program in ƒ A masters’ program in law is in place ƒ Review of universities’ course ƒ Students are interested in pursuing post-
law offerings graduate qualification in law
Legal Research Capacity
C.1.3. C.1.3 C.1.3 C.1.3
Survey and make recommendations for ƒ Feasibility study has been conducted and report ƒ Review of survey report and ƒ None
enhancement of legal research facilities, has been published feasibility study
including a feasibility study of the
establishment of an advanced legal research
institute.
C.1.4. C.1.4 C.1.4 C.1.4
Create stakeholder consultations to develop ƒ Stakeholders have been identified ƒ Review of records • Stakeholders are willing to
policy and planning mechanisms for ƒ Structured consultation process has been ƒ Review of meeting minutes participate in the process
enhancing legal research capacity. established and is operational
C.1.5. C.1.5 C.1.5 C.1.5
Law and Shari’a faculties establish links with ƒ Formal agreements established between ƒ Review of agreements ƒ Foreign educational institutions are
foreign legal educational institutions to educational institutions ƒ Review of student and staff amenable to agreements
enhance research capacity, including foreign ƒ Students and staff have attended foreign university records ƒ Ministry of Higher Education and
study programmes for both students and law courses universities remain committed to
staff. introducing foreign study options
ƒ Sufficient resources exist in educational
sector to support foreign study
ƒ Sufficient numbers of students and staff
have language skills needed to support
foreign study
Enhancing Law Teachers’ Capacity

54 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
C.1.6 C.1.6 C.1.6 C.1.6
Universities upgrade resources and facilities ƒ Facilities and resources available to faculties of law ƒ Institutional records ƒ Institutions outside the justice sector are
to improve the knowledge base of law and political science and of Shari’a at Kabul prepared to cooperate with educational
professors and law students University have been upgraded initiatives of the programme
ƒ Review of assessments
ƒ Needs assessments are conducted at other
schools of law around the country
ƒ Recommendations implemented ƒ Institutional audits

ƒ Academic law journals are established and are ƒ Review of publications


being published ƒ Review of internship programs
ƒ Educational internship programs for law students
have been established
Improving Accessibility of Law and Shari’a
Faculties C.1.7 C.1.7 C.1.7
C.1.7. ƒ Comprehensive list of infrastructure improvements ƒ Review of list of infrastructure ƒ Ministry of Higher Education and
Universities identify and enhance needed to accommodate increased percentage of needs universities remain committed to
infrastructure so as to accommodate female female students and staff ƒ Assess records of construction accommodating female students and staff
students and staff. ƒ Infrastructure improvements have been completed activity ƒ Sufficient resources exist to support
ƒ Inspection of new and/or needed infrastructure improvements
rehabilitated infrastructure
C.1.8. C.1.8 C.1.8 C.1.8
Universities develop and implement policies ƒ Policy to improve percentage of female students is ƒ Review of policy ƒ Ministry of Higher Education and
to raise percentage of female students and in place universities remain committed to
staff to at least 30 percent ƒ Census completed of numbers of female students accommodating female students and staff
ƒ Review of census records
in staff in faculties of law and Shari’a as baseline ƒ Family and social impediments to female
data enrollment and employment in law and
ƒ Percent of female students in law and Shari’a ƒ Review of enrollment records Shari’a faculties are minimized
faculties increases to 15% within two years, and to ƒ Review of employment records
30% within five years
ƒ Percent of female staff in law and Shari’a faculties ƒ Review of policy and
is considerably higher than baseline data within implementation records
five years
ƒ A policy with clear implementation mechanisms is
ƒ Review of student professional
in place in order to achieve the mid-term goal of
placement records
minimum 30% female staff at university faculties of
law and Shari’a
ƒ Policies are in place to facilitate the transition of
NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 55


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
female students from university to professional
environments
C.2:
Vocational Training
C.2.1. C.2.1 C.2.1 C.2.1
Justice institutions, in coordination with the ƒ Representatives of justice institutions have worked ƒ Review of meeting minutes ƒ Justice institutions are open to
Independent National Legal Training Center, with INLTC to develop vocational training courses ƒ Review of course documentation coordination of vocational training efforts
develop appropriate vocational training ƒ Vocational course curricula are finalised and ƒ Experienced professionals are able to
courses for justice professionals, paying ƒ Review of venues and related
teaching resources are developed agreements participate in vocational training without a
specific attention to the needs of female loss of seniority or job security
professionals. ƒ Identify and secure suitable venues and locations ƒ Review of staff and training
in a coordinated manner records disaggregated by gender ƒ Qualified instructors are available
ƒ Instructors are hired and trained to teach new ƒ Review of student records
curricula disaggregated by gender
ƒ Vocational courses are launched
C.3
Continuing Legal Education
C.3.1. C.3.1 C.3.1 C.3.1
Justice institutions, in coordination with the ƒ Representatives of justice institutions have worked ƒ Review of records and processes ƒ Justice institutions are open to
Independent National Legal Training Center, with INLTC to develop processes for ongoing coordination of continuing legal education
develop and implement specialised creation of continuing legal education courses efforts
programmes for continuing legal education, addressing current professional issues and legal ƒ Justice institutions introduce incentives
paying specific attention to the needs of developments for employees to participate in continuing
female professionals. ƒ Continuing legal course curricula are finalised and ƒ Review of course materials legal education
teaching resources are developed ƒ Review of institutional and staff
ƒ Justice institutions develop mechanisms for records, disaggregated by gender
monitoring staff participation in continuing legal ƒ Review of institutional and staff
education records, disaggregated by gender
ƒ Continuing legal education courses are launched
COMPONENT
Statutes are clearly drafted, constitutional Increasing number of laws survive review by Supreme Review of court decisions Political consensus to pass laws drafted
and the product of effective and consultative Court Review of legislative records pursuant to new processes
drafting processes Laws increasingly reflect the input of stakeholders

Objectives:
D.1. ** D.1 D.1 D.1
The Taqnin has sufficient capacity and ƒ Legislative backlog has been cleared ƒ Review of Taqnin records ƒ Taqnin’s requirements for material
resources to review, amend or draft ƒ Review and drafting of legislation is proceeding on resources are adequately provided for in
legislation.
56 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
schedule, without accumulation of new backlogs MOJ budget
D.2. D.2 D.2 D.2
All laws in force have been reviewed for ƒ Number of laws reviewed by Taqnin ƒ Review of Taqnin records ƒ Political consensus exists as to the body
constitutionality and consistency with of laws in effect
Afghanistan’s international obligations ƒ Agreement on interpretative rules is
reached
D.3. D.3 D.3 D.3
Capacity for legislative drafting has been ƒ Average time required for Taqnin review of bills ƒ Review of Taqnin records ƒ Government institutions have sufficient
enhanced throughout other government originating in government institutions outside of spare capacity to absorb additional
institutions including Parliament MOJ has decreased legislative drafting responsibilities
ƒ Government institutions outside of justice
sector remain cooperative
D.4. D.4 D.4 D.4
System is in place to ensure consultation of ƒ Increasing number of laws reflect input from ƒ Review of records ƒ Relevant stakeholders can be reached
stakeholders regarding proposed or pending stakeholders
legislation
Key Outputs:
D.1:
Taqnin Capacity Building D.1 D.1
D.1.1. D.1 ƒ Review of documents ƒ None.
Perform comprehensive needs assessment ƒ Needs assessment is in place
of Taqnin and make recommendations for ƒ Recommendations that are coordinated with plans
technical assistance and capacity building for material assistance have been developed
D.1.2. D.1.2 D.1.2 D.1.2
Provide technical assistance and capacity ƒ Technical assistance have been provided in line ƒ Review of institutional records ƒ Provision of material resources matches
building (including, as necessary, translation with recommendations increased capacity
capacity) for Taqnin and other justice
institutions in line with recommendation
D.2:
Constitutional Review
D.2.1. D.2.1 D.2.1 D.2.1
An indexed compilation of all laws in force is ƒ Initial compilation is in place ƒ Review of documents ƒ Political consensus exists as to the body
assembled and updated regularly. ƒ Initial index is in place of laws in effect

NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

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ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
ƒ Institutional mechanism is designed for updating
statutory compilation and index ƒ Institutional audit
ƒ Mechanism for updating compilation established
and functioning
D.2.2. D.2.2 D.2.2 D.2.2
Taqnin conducts a review of the ƒ Review has been completed, and encompasses ƒ Review of documents ƒ Political consensus exists as to the body
constitutionality of all laws in force, and review for required consistency with international of laws in effect
recommends amendments to ensure obligations ƒ Agreement on interpretative rules is
constitutionality ƒ Recommendations are in place reached
D.2.3. D.2.3 D.2.3 D.2.3
Unconstitutional laws are amended to ensure ƒ Amendments have been passed • Review of laws ƒ Political consensus to amend laws has
constitutionality been reached
D.3:
Enhanced Legislative Drafting Capacity
D.3.1. D.3.1 D.3.1 D.3.1
Assess capacity of government institutions ƒ Assessments and recommendations are in place ƒ Review of documents ƒ Government institutions outside the
and entities to draft laws and make justice sector are prepared to cooperate
recommendations for enhancing that in assessment
capacity.
D.3.2. D.3.2 D.3.2 D.3.2
Implement recommendations for enhancing ƒ As defined in recommendations ƒ Institutional audit ƒ Justice institutions have sufficient spare
legislative drafting capacity in justice capacity to assume new duties
institutions
D.3.3. D.3.3 D.3.3 D.3.3
Establish a working body to promote greater ƒ Working body meets regularly and is functioning ƒ Meeting minutes ƒ Government bodies outside the justice
cooperation and enhance the efficiency of the ƒ Legislative process is mapped sector remain cooperative
legislative drafting process
ƒ Pending legislation has been catalogued and ƒ Review of documents
prioritised

D.4:
Increased Openness of Legislative
Processes D.4.1 D.4.1 D.4.1
D.4.1. ƒ Working group has been established and meets ƒ Review of meeting minutes ƒ Taqnin has sufficient spare capacity to
Establish a Taqnin working group to make regularly ƒ Review of records assume new responsibilities
recommendations for inclusion of civil society ƒ Recommendations have been drawn up
stakeholders in legislative deliberations.
D.4.2 D.4.2 D.4.2 D.4.2
58 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
Implement recommendations ƒ System for consultations is in place ƒ Institutional audit ƒ Civil society is willing to participate in
ƒ Increasing numbers of laws reflect input from ƒ Review of legislative records consultation processes
stakeholders
COMPONENT E
Justice institutions effectively perform their Adoption of procedures and defined institutional roles Audit of procedural codes Representatives of justice institutions are able
functions in a harmonized and interlinked for criminal and civil disputes. Audit of inter-institutional practices to forge and maintain cooperative working
manner Increasing number of complaints are being addressed, relationships
Review of complaints tracking repor
and complaints are decreasing relative to number of
cases
Objectives:
E.1** E.1 E.1 E.1
Coordination and cooperation among justice ƒ Increasing percentage of criminal trials are ƒ Survey of criminal trials ƒ Institutional leadership continues to
sector institutions is enhanced, resulting in conducted in accordance with procedural prioritize cooperation among justice
improved criminal and civil trials and case requirements institutions
management ƒ Satisfaction survey of civil
ƒ Civil litigants report satisfaction with civil trials litigants
ƒ Usage of formal civil system is increasin ƒ Number of cases filed
E.2 E.2 E.2 E.2
Adequate institutional organization structures ƒ Specialized units addressing the crosscutting ƒ Survey of justice institutions ƒ Legal framework facilitates coordination
capable of addressing cross cutting issues in issues such as corruption, counter narcotics, and on cross cutting issues
rule of law are in place gender have been established
ƒ Periodic reporting of number of
ƒ Specialized units have become active and are cases involving cross cutting
addressing an increasing number of cases issues that are addressed by
involving cross cutting issues specialized units

E.3 E.3 E.3 E.3


Criminal justice is administered effectively, ƒ International and domestic assessments report ƒ Review of relevant assessment ƒ Sufficient human capacity
and in accordance with the law, the improvements in human rights records and due reports (e.g., UNAMA Legal
Constitution, and international standards process related to accused, victims, and witnesses Systems monitoring report,
External audit reports, Rapid
assessment reports, Human
Rights Watch, Afghan
Independent Human Rights
Commission,
E.4 E.4 E.4 E.4
Civil justice is administered effectively, and in ƒ Increasing use of the formal legal system for ƒ Public confidence in formal institutions
NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
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AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 59


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
accordance with law, the Constitution, and resolution of civil disputes ƒ Survey of court usage increases
international standards.
E.5 E.5 E.5 E.5
Policies regarding introduction of ƒ Government has clear plan to enhance legal ƒ Review of policy ƒ Sufficient political consensus exists to
administrative law structures are in place accountability of government institutions recommendations make and adopt policy recommendation

E.6 E.6 E.6 E.6


Policies are in place to ensure that the ƒ Increasing percentage of detention facilities ƒ Institutional audits ƒ Sufficient political consensus exists to
corrections system operates in accordance complies with international standards make and adopt policy recommendations
with international standards ƒ Non-custodial sentencing options are increasingly ƒ Review of case records
used for minor offenses
E.7 E.7 E.7 E.7
Enhance legal and policy framework related ƒ Effective rehabilitation of juvenile offenders and ƒ Review of UNICEF case follow-up ƒ Sufficient political consensus exists to
to juvenile offenders and children in conflict children in conflict with the law records pass relevant laws
with the law
Key Outputs:
E.1:
Procedural enhancement
E.1.1 E.1.1 E.1.1 E.1.1
Improve information sharing between justice ƒ Inter-institutional coordination mechanisms are ƒ Institutional audit ƒ Institutional leadership remains
institutions, and coordinate information created supportive of coordination
management and interfacing ƒ Inter-institutional coordination meetings occur ƒ Institutional audit
regularly
ƒ Formal agreements have been concluded
regarding schedule and reporting formats for ƒ Review of documents
information sharing
E.1.2 E.1.2 E.1.2 ƒ E.1.2
Develop, establish and implement measures ƒ Criminal Procedure Code is revised and amended ƒ Review of draft legislation ƒ Institutional leadership remains
and mechanisms to improve police ƒ MOI-AGO Commission adopts standard operating supportive of coordination
prosecutors coordination in criminal matters procedures (SOPs) for police-prosecutor
and addressing the cross cutting issues. ƒ Review of SOPs
coordination
ƒ SOPs are distributed to police and prosecutors and
trainings are conducted
ƒ MOI-AGO Commission reports improvements in
ƒ Spot inspections
police-prosecutor coordination
ƒ NDS mandate is clarified and its relationships with ƒ Review of Reports

60 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
justice institutions are improved
E.1.3 E.1.3 E.1.3 E.1.3
Develop and implement procedures to ƒ Advocates law and amendments to Criminal ƒ Review of amendments ƒ Community of defence lawyers will
safeguard and further the role and function of Procedure Code which safeguard role of defence continue to grow in number and influence
defence attorneys in criminal investigations attorneys are enacted
and trials. ƒ Number of accused persons represented by
counsel during investigation and trial is increased ƒ Review of data

E.1.4. E.1.4 E.1.4 E.1.4


Introduce effective “one stop” complaints ƒ Pilot complaints system is in place and accessible ƒ Survey • Justice institutions are responsive to
system covering all justice institutions, with ƒ Complaints are being received, tracked, reported ƒ Review of tracking reports citizens complaints
particular attention to the needs of vulnerable and addressed
populations including women and illiterates
ƒ Increasing percentage of complaints filed in pilot
system by members of vulnerable groups are
being addressed
ƒ Review of pilot system is completed
ƒ Review of reports
ƒ Pilot program is expanded nationwide, in
connection with information campaign ƒ Review of tracking reports

Skills and capacity enhancement


E.1.5 E.1.5 E.1.5 E.1.5
Enhance capacity of police and prosecutors ƒ Proportion of convictions based solely on witness ƒ Review of data ƒ Provision of infrastructure matches needs
to conduct proactive criminal investigations. statements and/or confessions is reduced
ƒ Increased percentage of reported cases being
investigated
ƒ Increased numbers of personnel with specialized
trainings in e.g. forensics
E.1.6 E.1.6 E.1.6 E.1.6
Train judges, lawyers and prosecutors in trial ƒ Training materials on trial practices and trial ƒ Review of training records for all ƒ Skills taught in training are retained and
practices and trial management. management have been developed provinces and districts applied
ƒ Training has taken place ƒ Review of training records
(disaggregated by gender and
location) for all provinces and
districts
Information management

NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 61


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
E.1.7 E.1.7 E.1.7 E.1.7
Assessment of information interfacing needs ƒ Each institution has identified its information ƒ Review of needs assessment in ƒ Institutions remain cooperative
of AGO, MOI, MOJ, courts, and other interfacing needs all provinces and districts
specialized agencies.

E.1.8 E.1.8 E.1.8 E.1.8


Assessment and improvement of paper ƒ Paper-based case filing systems in each justice ƒ Review of documents ƒ Institutions remain cooperative
based case file and case tracking system. institution have been mapped
ƒ Case file and case tracking systems have been ƒ Audit of forms and processes
harmonised and rationalised
ƒ Audit tracking practices
ƒ New system is in use
ƒ Review of data
ƒ Time required to transfer case files between justice
institutions is reduced
E.1.9 E.1.9 E.1.9 E.1.9
Update and implement court regulations in ƒ Court regulations have been updated ƒ Review of court regulations ƒ Infrastructure and logistical support are
order to facilitate filing and tracking of civil ƒ Litigants are able to track civil and criminal cases ƒ Sample survey of litigants sufficient
and criminal cases (including AGO
information system)
E.1.10 E.1.10 E.1.10 E.1.10
Evaluate the viability of converting paper- ƒ Pilot projects have taken places and been ƒ Review of evaluations ƒ Institutions remain cooperative
based file systems to combined paper and evaluated
electronic files systems.

Enforcement of Judgments
E.1.11 E.1.11 E.1.11 E.1.11
Update enforcement procedures to enhance ƒ Working group on enforcement procedures is ƒ Review of meeting minutes ƒ Institutions outside of justice sector have
and streamline processes for enforcement of established capacity to adopt legal and procedural
judgments. mechanisms needed to facilitate
ƒ Review of assessment enforcement of judgments
ƒ Working group assesses current application of
enforcement of judgment processes, including the
roles played by the MOJ and other relevant
authorities, with a view to increasing efficiency,
ƒ Working group makes recommendations for ƒ Review of proposed legislation
updating the Law on Obtaining Rights based on
assessment, including recommendations for
mechanisms to freeze bank accounts and conduct
post-judgment discovery of assets
ƒ Working group drafts proposal for updating the
Law on Obtaining Rights

62 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
ƒ Updates to Law on Obtaining Rights are passed
E.2:
Establishment of specialized units
E.2.1 E.2.1 E.2.1 E.2.1
Justice institutions develop plans and ƒ Justice institutions have developed plans for ƒ Review of plans ƒ Institutions remain cooperative
implement coordination mechanisms for coordinated approach to addressing cross cutting
specialized units addressing cross cutting issues
issues (e.g. corruption, narcotics, violence ƒ Institutions continue to agree on
ƒ Legal provisions for establishing inter-institutional identification and definition of cross
against women) at national and regional coordination mechanisms have been enacted ƒ Review of legislation
levels, which also impact at the provincial cutting issues
and district level
Training of specialized units
E.2.2 E.2.2 E.2.2 E.2.2
Recruit qualified professionals, with ƒ Job descriptions and person specifications have ƒ Review of job descriptions ƒ Qualified professionals are available and
specialized knowledge of cross cutting been developed for each specialized unit vetting system is in place
issues. ƒ Professionals who satisfy specifications have been ƒ Institutional audit
appointed with a minimum of 30% female
appointees
E.2.3 E.2.3 E.2.3 E.2.3
Build capacity of judges, prosecutors and ƒ Coordinated trainings on each cross cutting issue ƒ Review of training materials ƒ Skills taught in training are retained and
investigators by training on cross cutting have been developed ƒ Review of training records applied
issues ƒ Trainings have been delivered ƒ Survey of baseline data
ƒ Cross cutting crimes are addressed by specialized
units
Counter narcotics
E.2.4 E.2.4 E.2.4 E.2.4
Enhance capacity of specialized ƒ More alternative sentencing and treatment options ƒ Review of case records ƒ Specialized units are sustainable and can
counternarcotics unit to address sentencing are available for drug users be integrated into government structures
and treatment options for drug users, ƒ Personnel in specialized units have received over time
investigate narcotics-related money ƒ Review of training records
training on investigation of money laundering and
laundering, and promote joint investigations regional cooperation related to same
with anti-corruption bodies ƒ Review of court records
ƒ Increased number of corruption investigations and
prosecutions related to drug trafficking

NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

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ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS

Violence Against Women


E.2.5 E.2.5 E.2.5 E.2.5
Consistent with the National Action Plan for ƒ Special victims units capable of addressing the ƒ Institutional audit ƒ Afghan National Police are able to recruit
Women, Family Response Units, staffed by particular needs of witnesses to and victims of sufficient numbers of women to staff
all female police officers, are functional in all gender-based crime have been established in the FRUs
provinces, and are effectively linked with AGO, are fully operational, and are capable of
special victims units to be established in the gathering sex-disaggregated data on violence
AGO. against women
ƒ Increasing number of VAW cases are being ƒ Survey of tracking data
reported and successfully investigated and disaggregated by age and sex
prosecuted
ƒ Laws and practices
have been reviewed to ƒ Review of records
identify those that are discriminatory to
women, and needed reforms, including
policies concerning VAW and sexual
harassment, have been recommended ƒ Review of training records
ƒ Number of justice professionals with
specialized training in investigating and
prosecuting violence against women has
increased
E.2.6 E.2.6 E.2.6 E.2.6
Establish necessary infrastructure and ƒ Increased number of referral centers and shelters ƒ Review of records ƒ Security of centers and shelters can be
referral mechanisms to ensure safety and available for use by female victims of violence, with established
security of female victims of violence. particular priority to construction of shelters in
Takhar, Nangarhar, Ghazni, and Logar provinces
ƒ Advocacy councils regarding violence against
women are established and operational in Faryab
province ƒ Review of advocacy council
records
Anti-corruption ƒ
E.2.7 E.2.7 ƒ E.2.7 E.2.7
Harmonize legal framework with international ƒ Working group is established to review legal ƒ Review of meeting minutes ƒ Sufficient political consensus exists to
anti-corruption standards and conventions framework in light of international conventions and amend or pass laws
ƒ
standards
ƒ Review of records
ƒ Review has been performed and recommended
revisions have been identified ƒ
ƒ Laws have been amended ƒ Review of laws
64 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
ƒ Specialized trainings on the detection, ƒ Review of training records
investigation, prosecution and trial of corruption in
light of the new laws have been developed and
provided to justice professionals
ƒ Programs to ensure that judges and prosecutors
gain international exposure to anti-corruption best ƒ Review of program records
practices have been developed and implemented
E.2.8 E.2.8 E.2.8 E.2.8
Create specialized anti-corruption units ƒ As per National Anti-Corruption Strategy ƒ As per National Anti-Corruption ƒ As per National Anti-Corruption Strategy
investigate and prosecute corruption, Strategy
consistent with the National Anti-Corruption
Strategy
E.3:
Rights Awareness and Promotion
E.3.1 E.3.1 E.3.1 E.3.1
Develop information campaigns to enhance ƒ Public knowledge of substantive legal rights ƒ Survey of target group sample ƒ Security conditions are sufficient to reach
the public’s knowledge of the rights of increases entire population
victims, witnesses, and the accused in the
criminal justice system, in particular with
respect to the criminality of violence against ƒ Population sufficiently legally literate to
women. absorb message

E.3.2 E.3.2 E.3.2 E.3.2


Promote practices within the justice ƒ Justice institutions’ internal rules and practices ƒ Audit of institutional practices ƒ Institutional structures are resistant to
institutions that are supportive of the rights of have been modified to match the needs of target change
victims, witnesses, the accused, and those groups, consistent with international standards and
convicted of crimes, including proactive in line with cultural practices regarding gender
cooperation with relevant non-governmental segregation
organizations ƒ Procedural amendments are in place and are
being applied
ƒ A special unit of the AGO has been established to
support victims of crime and vulnerable witnesses ƒ Survey of relevant non-
ƒ Unit is operational governmental organizations
ƒ Number of operational nongovernmental
organizations engaged in the support of and
assistance to victims of crime and vulnerable
NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 65


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
witnesses have been established

E.3.3 E.3.3 E.3.3 E.3.3


Procedural code is amended to address ƒ Baseline data are established and tracked ƒ Survey of new code provisions ƒ Political support sufficient to amend law
specific needs of witnesses, including and audit of institutional practices exists
women and other vulnerable groups.

Improving Prosecutions
E.3.4 E.3.4 E.3.4 E.3.4
Carry out a baseline survey of prosecution ƒ Baseline survey is in place and data are being ƒ Audit of survey data ƒ Existing recordkeeping system allows for
efficiency and number of criminal complaints tracked data collection
proceeding to trial.

E.3.5 E.3.5 E.3.5 E.3.5


Develop a program for prioritising ƒ Program is in place ƒ Program audit ƒ Legal framework does allows sufficient
prosecution resources according to ƒ Improvements reflected in baseline data ƒ Survey of tracking data flexibility
seriousness of the offence.

Survey of Sentencing Policy


E.3.6 E.3.6 E.3.6 E.3.6
Review and analyze existing assistance, ƒ Improvement of sentencing and detention ƒ Review of records ƒ Political consensus regarding procedural
programs and activities relating to practices code is sufficient
sentencing practices, detention practices,
and prisoner conditioners.

E.3.7 E.3.7 E.3.7 E.3.7


Develop and implement policy • Improvement of conditions of prisoners ƒ Review of sample of court and ƒ Lack of political consensus to implement
recommendations for improving sentencing, prison records changes in legal framework
detention, and conditions of prisoners ƒ Spot inspections ƒ Judiciary fails to implement
recommended policies

E.4
Civil Justice
E.4.1 E.4.1 E.4.1 E.4.1
Expand the number of commercial courts ƒ Increase in the number of commercial courts. ƒ Institutional audit ƒ Security allows for expansion
and increase number and capacities of ƒ Increase in the number of judges trained on ƒ Spot inspections
commercial court judges. commercial law subjects.
66 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS

E.4.2. E.4.2 E.4.2 E.4.2


Develop and implement procedures for ƒ Small claims procedure is established and ƒ Institutional Audit ƒ Procedures can be amended
speedy resolution of small commercial claims functioning

E.4.3 E.4.3 E.4.3 E.4.3


Review the civil justice process, including the ƒ Working group to assist in review of civil justice ƒ Review of meeting minutes ƒ Sufficient political consensus exists to
Civil Procedure Code with a view to processes, including the Civil Procedure Code, is implement changes in procedure
simplification, gender sensitization, and formed
modernization ƒ Review of proposed amendments
ƒ Working group reviews Civil Procedure Code and
proposes amendments designed to achieve
simplification, gender sensitization, and
modernization of civil procedures ƒ Review of legislation
ƒ Civil Procedure Code is revised in line with
recommendations
E.4.4 E.4.4 E.4.4 E.4.4
Increase number of skilled judges in the area ƒ A number of judges are trained on land law ƒ Institutional audit ƒ Supreme Court supports programme
of land disputes. subjects.
E.4.5 E.4.5 E.4.5 E.4.5
Develop policies to promote the recording of ƒ Review of records ƒ Review of documents ƒ Political consensus exists
informal decisions on land disputes

E.4.6 E.4.6 E.4.6 E.4.6


Develop and implement judicial procedures ƒ Procedures are place and applied ƒ Institutional audit, review of data ƒ Judges have been trained on new
to address the special needs of women and procedures
children in family disputes
E.4. 7 E.4.7 E.4.7 E.4.7
Review and amend laws and procedures ƒ Laws have been amended ƒ Review of legislation • Political consensus to amend laws
related to marriage, divorce and child exists
custody so as to eliminate bias and
discriminations against women
E.4.8 E.4.8 E.4.8 E.4.8
MOJ will enhance its capacity to conciliate ƒ Regulations enacted to clarify the respective roles, ƒ Review of legislation ƒ Parties are willing to bring disputes to
and mediate private disputes and, as and improve coordination between. the Huquq and MOJ
capacity and available infrastructure expand, the courts in resolving private disputes
will increase the quality and availability of ƒ Number of successfully mediated disputes has
such services in provincial and district
NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 67


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
offices. measurably increased ƒ Institutional audit
E.5
System of Administrative Law E.5.1 E.5.1 E.5.1
E.5.1 ƒ Commission including representatives of justice ƒ Review of organisational ƒ Sufficient political consensus exists to
Justice institutions participate in a institutions, law faculties, and independent bar is documents undertake study and consider
commissioned study of the feasibility of formally established recommendations
introducing administrative law structures and ƒ Experts are identified and retained by Commission ƒ Review of experts’ work plan
procedures to enhance accountability of
ƒ Study is conducted, assessing current procedures ƒ Review of study
government institutions.
for judicial review of decisions made by
Government officials and considering the
sustainability and affordability of introducing a
system of administrative justice
ƒ Results are published
E.6
Corrections
E.6.1 E.6.1 E.6.1 E.6.1
Develop and implement detention policies ƒ Comprehensive survey has been conducted to ƒ Review of survey instrument and ƒ Consensus amongst stakeholders is
which incorporate international standards for determine the frequency of detainees being held results sufficien.t to agree on policies
the treatment of prisoners and humane unlawfully without charge or indictment
conditions of confined prisoners ƒ Comprehensive survey has been conducted to ƒ Review of survey instrument and
determine the frequency of convicts remaining results
incarcerated unlawfully after having served the
entirety of their prison sentence
ƒ Detention policies have been developed, with
attention to:
o Prevention of unlawful detention; ƒ Review of documents
o Appropriate classification and segregation of
prisoners according to risk and security
factors; and
o Preservation the human rights of detainees
and prisoners
o Detention centers and prisons are cooperating
with the Afghan Independent Human Rights - Review of human rights
Commission and other relevant groups to reports
ensure independent review of prison
conditions and prisoner treatment
E.6.2 E.6.2 E.6.2 E.6.2
Develop and expand non-custodial ƒ Justice institutions have established a working ƒ Review of meeting minutes ƒ Sufficient institutional capacity exists to
68 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
sentencing options incorporating group to consider options for simplifying enforce non-custodial sentencing options
international standards for minor offenses sentencing guidelines and expanding options for without compromising security
non-custodial sentencing for minor offenses
ƒ Working group issues simplified sentencing
guidelines for minor offenses ƒ Review of guidelines

ƒ Develop new options and improve existing


mechanism for enforcement of non-custodial ƒ Review of documents
ƒ sentences, including
o systematic collection of fines,
o confiscation of assets,
o non custodial supervision, and
o court ordered destruction of contraband such
as narcotics; ƒ Review of training records
ƒ Relevant justice personnel are trained on new ƒ
guidelines and sentencing mechanisms
ƒ Review of case files
ƒ New guidelines and sentencing mechanisms are
implemented
E.6.3 E.6.3 E.6.3 E.6.3
Develop and implement policies and ƒ Policies on Open and Close Rehabilitation Centers • Review of documents • Consensus and political will exists
regulations to optimize the use of Open and have been implemented • Institutional Audits
Closed Centres with the aim to promote an
effective rehabilitation of children in conflict
with the law regardless of their charges, and
with special attention to non-custodial
sentences, consistent with the Juvenile Code
E.7
Improving Treatment of Juveniles and
Children E.7.1 E.7.1 E.7.1
E.7.1 ƒ Baseline data are established and tracked ƒ Review of records ƒ None
Review and analyze existing assistance,
programs and activities for juvenile offenders
and children in conflict with the law.
E.7.2 E.7.2 E.7.2 E.7.2
Strengthen the legal framework so as to ƒ Relevant laws have been amended/improved to ƒ Review of legislative record ƒ Political consensus regarding juvenile
improve responsiveness to the needs of reflect the requirements of the Juvenile Code needs is sufficient to pass proposed laws
juvenile offenders and children in conflict with
NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 69


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
the law., in line with the Juvenile Code and
international norms and standards.

E.7.3 E.7.3 E.7.3 E.7.3


Strengthen the institutional framework for ƒ Required number of institutions and personnel are ƒ Review of institutional records ƒ Capacity of related institutions outside the
delivery of juvenile justice services, including in place and operational ƒ Audit of case files justice sector exists
social services. ƒ Juvenile offenders are successfully reintegrated
into community and family
ƒ Number of social workers incorporated in the
Tashkil and recruited to serve both juvenile
rehabilitation and adult detention centres
E.7.4 E.7.4 E.7.4 E.7.4
Strengthen the legal and institutional ƒ Baseline census and conditions survey of children ƒ Review of census data ƒ Political consensus regarding is sufficient
framework for children accompanying their accompanying their mothers in prison to pass proposed laws
mothers in prison. ƒ Procedures are in place to supervise the wellbeing ƒ Review of records
of children accompanying their parents
ƒ Increasing numbers/percentage of children
accompanying their parents in prison who are ƒ Review of records
supervised by social workers
COMPONENT F
Citizens are more aware of their rights and ƒ Independent evaluations report increasing • Opinion polling ƒ Political actors remain committed to rule of
are better able to enforce them. confidence in the formal legal system law
Objectives:
F.1** F.1 F.1 F.1
Practices and procedures governing trials ƒ Increased percentage of trials are completed ƒ Case tracking data ƒ New system grows quickly enough to meet
and routine legal transactions, including within the legally mandated time limits ƒ Evaluation of indexing system increasing demand
registration of documents, have been ƒ Use of systems for registering and retrieving data
streamlined and rationalised documents is increasing
F.2** F.2 F.2 F.2
Enhanced access to formal legal system for ƒ Increasing numbers of targeted populations ƒ Sample surveys of targeted ƒ Existing cultural barriers to use are
indigents, illiterates, women, and children receive fair and equitable services from justice populations amenable to change
institution ƒ Evaluation of usage data ƒ Justice system is able to adapt to social and
cultural needs of target groups
F.3 F.3 F.3 F.3
Enhanced monitoring of human rights Reporting on human rights’ performance of ƒ Institutional audit, review of Political consensus and will exists
enforcement throughout the Government government has been established documents
F.4** F.4 F.4 F.4
70 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
Increased knowledge of laws, rights, and Public demonstrates increasing knowledge of basic Sample surveys of targeted Relationship of trust between government and
responsibilities through legal awareness rights and responsibilities populations the people continues and expands
campaigns
F.5 F.5 F.5 F.5
The role of traditional dispute resolution in the ƒ Policies regarding TDR have been developed and ƒ Review of documents ƒ Stakeholders are able to reach consensus
rule of law is defined, and TDR decisions are in place on policies
consistently meet international human rights
standards.
F.6 F.6 F.6 F.6
Begin the process of establishing a ƒ Structures and processes are being established ƒ Review of documents ƒ Political consensus exists
transitional justice system to record past
human rights abuses and preserve the rights
of victims consistent with the Government’s
Action Plan for Peace, Reconciliation and
Justice
Key Outputs:
F.1:
Enhanced Publication and Dissemination
F.1.1 F.1.1 F.1.1 F.1.1
Assess needs of justice institutions and ƒ Survey instrument is designed ƒ Review of documents ƒ Institutions and citizens are sufficiently
citizens for legal materials. ƒ Needs assessment is in place familiar with available resources to assess
needs realistically
F.1.2 F.1.2 F.1.2 F.1.2
Compile and distribute legal materials in ƒ Laws are compiled and printed in line with needs ƒ Review of documents ƒ Political consensus exists as to the body of
response to needs and establish system for assessment ƒ Spot inspections laws in force
routine updating of legal resources. ƒ Distribution system is designed, established, and ƒ Provincial distribution centres can be
operational established
ƒ Institutional audit
ƒ Mechanism for updating compilation established
and functioning
F.1.3 F.1.3 F.1.3 F.1.3
Develop and distribute judicial and procedural ƒ Working group established to identify key laws ƒ Review of meeting records ƒ Legal professionals willing to participate in
manuals for legal professionals, including and procedural code provisions ƒ Review of documents working groups
judges, prosecutors and defense advocates. ƒ Initial drafts of manuals are prepared and vetted ƒ Judges and other legal professionals have
with legal professionals capacity to use assembled manuals
ƒ Spot inspections
ƒ Distribution systems are designed, established,
NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 71


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
and operational ƒ Institutional audit
ƒ Mechanism for updating manuals is established
and functioning
F.1.4 F.1.4 F.1.4 F.1.4
Develop and implement policies for the ƒ Policies are in place ƒ Review of policies ƒ None.
reporting and publication of important ƒ Publication of important decisions has begun ƒ Institutional audit
decisions of the Supreme Court
ƒ Increasing number of legal professionals have ƒ Spot inspections
access to important Supreme Court decisions
Enhanced Access to Legal Documents
F.1.5 F.1.5 F.1.5 F.1.5
Survey and standardize routine legal ƒ Survey instrument is designed and survey ƒ Review of documents ƒ Local practices are sufficiently coherent to
documents (e.g., bonds, title deeds, marriage completed allow standardisation
certificates and certificates of the courts) and ƒ Working group to design standardized forms and
the existing systems for registering, indexing ƒ Review of meeting minutes
registration systems is established and operational and documents
and retrieving them.
ƒ Recommendations are made for simplifying ƒ Review and evaluation of
procedures to resolve questions of legal recommendations
documentation, with particular emphasis on
documentation related to personal identification
ƒ Recommendations are implemented
F.1.6. F.1.6 F.1.6 F.1.6
Distribute forms to relevant justice facilities ƒ Court and relevant ministry personnel are trained ƒ Institutional audit and review • Sufficient court infrastructure exists to
nationwide and train staff to use them and on updated registration, indexing and retrieval of training records introduce and implement new registration and
make them available to the public for systems, and on newly simplified procedures for indexing system
standardised nominal fees. resolving questions of legal documentation
ƒ Review of documents
ƒ Standardised forms are distributed
ƒ Spot inspections, number of
ƒ System is made operational registrations
F.1.7. F.1.7 F.1.7 F.1.7
Pilot an electronic storage and retrieval ƒ Suitable locations for implementation of pilot ƒ Review of documents ƒ Sufficient infrastructure to run pilot scheme
system for legal registration documents system are identified ƒ Institutional audit exists
ƒ Pilot system is designed and made operational ƒ Review usage and system ƒ Standardisation project is sufficiently
ƒ Pilot system is evaluated data advanced to allow launch of pilot with
consistent data
Access to Formal Legal System for Indigents
F.2.1. F.2.1 F.2.1 F.2.1
Conduct baseline survey of legal aid service ƒ Survey instruments are designed ƒ Review of documents ƒ Security conditions allow for comprehensive
provision. ƒ Survey is carried out and results reported survey
72 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS

F.2.2. F.2.1 F.2.1 F.2.1


Consider options and costs of various models ƒ Stakeholder consultations have taken place ƒ Review of meeting minutes Stakeholders and current providers of legal aid
for legal aid delivery, and draw up ƒ Report has been commissioned and finalised, and ƒ Review of report are prepared to disclose data necessary to
recommendations for a legal aid system recommendations disseminated complete full costing analysis

F.2.3 F.2.3 F.2.3 F.2.3


Implement legal aid recommendations ƒ As defined in recommendations ƒ Review of implementation ƒ Political consensus on recommendations
ƒ Recommendations are implemented in records can be reached
coordination with public awareness campaign ƒ Spot checks
designed to inform public of the availability of legal
aid services
ƒ Survey of public
ƒ Public awareness of legal aid services is
increasing
Access to and Use of Formal Legal System
for Women and Children
F.2.4. F.2.4 F.2.4 F.2.4
Conduct needs assessment and survey of ƒ Survey instruments are designed ƒ Review of documents ƒ Security conditions allow for comprehensive
obstacles to access to and use of formal legal survey
system ƒ Survey is carried out and results reported

F.2.5. F.2.5 F.2.5 F.2.5


Draw up recommendations for a project for ƒ Stakeholder consultations have taken place • Review of meeting ƒ Consensus can be reached among
women’s protection and empowerment to ƒ Report has been commissioned and finalised, and minutes stakeholders
increase access to and use of formal legal recommendations disseminated • Review of report
system
F.2.6. F.2.6 F.2.6 F.2.6
Implement recommendations ƒ As defined in recommendations ƒ Review of implementation ƒ Public officials outside of the justice sector
records (e.g., police) remain cooperative
ƒ Women have access to free legal aid, including ƒ Review of case records
the services of trained paralegals
Access to Formal Legal System for Illiterate
Persons
F.2.7. F.2.7 F.2.7 F.2.7
Survey of obstacles to providing justice ƒ Survey instruments are designed ƒ Review of documents ƒ Security conditions allow for comprehensive
services (including access to standard legal survey
forms and identification documents) for ƒ Survey is carried out and results reported
NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 73


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
illiterate persons
F.2.8. F.2.8 F.2.8 F.2.8
Consider options and costs of various models ƒ Stakeholder consultations have taken place ƒ Review of meeting minutes ƒ Stakeholders are able to reach consensus
for improving access to formal legal system, ƒ Report has been commissioned and finalised, and ƒ Review of report on recommendations
and draw up recommendations recommendations disseminated

F.2.9. F.2.9 F.2.9 F.2.9


Implement recommendations to improve ƒ As defined in recommendations ƒ Review of implementation ƒ Public officials outside of the justice sector
access. records (e.g., police) remain cooperative
F.3
Human Rights Unit
F.3.1. F.3.1 F.3.1 F.3.1
Consider the establishment of a unit within ƒ Concept note for establishment of unit has been ƒ Review of documents ƒ Capacity exists
the Ministry of Justice responsible for developed and disseminated
coordinating GoA’s implementation of its ƒ Concept note is finalized
human rights obligations and monitoring ƒ Institutional audit
human rights enforcement across the ƒ Approval by Cabinet/President, as agreed in
government consultative process, has been obtained
ƒ Unit has been established
ƒ Review of Afghanistan’s
ƒ Unit is operational reports to international bodies
ƒ Unit receives and reports data and information
consistent with the obligations of the Human
Rights Treaty
F.4:
Enhance Legal Awareness
F.4.1 F.4.1 F.4.1 F.4.1
Design legal awareness programs paying ƒ Working groups are established to review past ƒ Review of meeting minutes ƒ Stakeholders are able to reach consensus
particular attention to: programmes and design awareness programmes, on content of awareness campaigns
• Successes and lessons learned tailoring messages to the intended audience, and
incorporating use of all appropriate national and ƒ Institutional audit
from previous campaigns
local media
• Human rights and Islamic values
ƒ Mechanisms for the design and production of legal
• The rights of women and children awareness materials are established and ƒ Review of documents
• The needs of illiterate or semi- operational
literate persons ƒ Distribution systems are identified
• Local elders involved in informal
dispute resolution so as to raise their legal
awareness

74 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS
• Transitional justice
• The roles of each justice institution
in promoting access to justice for all.
F.4.2. Implement legal awareness programs, F.4.2 F.4.2 F.4.2
in coordination with activities expanding ƒ Legal awareness campaigns have been launched, ƒ Spot inspections ƒ Political consensus exists to implement legal
formal justice systems to provinces modified or expanded awareness campaigns
ƒ Increasing percent of population have been ƒ Sample survey of targeted
reached by legal awareness materials population
F.5:
Traditional Dispute Resolution
F.5.1. F.5.1 F.5.1 F.5.1
Collect, record, analyse, and disseminate ƒ Baseline data are established and tracked ƒ Review of records ƒ Security and social conditions permit data
data on traditional dispute resolution ƒ For a to discuss TDR issues are functioning collection
practices. Bring stakeholders together to ƒ Political consensus exists
define a role for TDR and policies to ensure
that TDR outcomes are compatible with
human rights standards, Islamic values, and
the law of the land
F.5.2 F.5.2 F.5.2 F.5.2
Design and implement system for monitoring ƒ Mechanisms are in place for monitoring outcomes ƒ Review of records ƒ Participants in matters subject to TDR agree
outcomes of TDR decisions. Design a of TDR decisions ƒ Process audit to participate with research
process for implementing policies in targeted ƒ Policy implementation is ongoing ƒ Relevant elements of social culture are
areas so as to ensure compliance with amenable to change
human rights standards, Islamic values, and
the law of the land
F.6:
Transitional Justice
F.6.1 F.6.1 F.6.1 F.6.1
Assemble a working group to make ƒ Working group has been established ƒ Review of meeting minutes ƒ Political consensus exists
recommendations on the establishment of ƒ Working group has drafted recommendations in ƒ Review of recommendations
truth-seeking mechanisms line with the Government’s Action Plan for Peace,
Reconciliation, and Justice
ƒ To the extent necessary to implement
recommendations, laws are drafted and enacted ƒ Review of draft legislation

NOTE: Objectives marked with “**”are in part implemented by the ARTF Justice Sector Reform Project. Please see the NJP Part 2 Logical Framework Overview above for details.
MARCH 24, 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 75


ARRATIVE SUMMARY PERFORMANCE INDICATORS M&E ASSUMPTIONS/RISKS

F.6.2 F.6.2 F.6.2 F.6.2


Establish a system to record past human ƒ A system is in place and operational ƒ Review of collected records ƒ Adequate policy support for transitional
rights abuses and to preserve the rights of justice exists
victims consistent with the Government’s
Action Plan for Peace, Reconciliation and
Justice
F.6.3 F.6.3 F.6.3 F.6.3
Enhance government capacity to assist ƒ Mechanisms to render assistance in investigations ƒ Institutional audit ƒ Adequate policy support for transitional
investigations and prosecutions being or prosecutions outside Afghanistan justice exists
conducted outside Afghanistan on abuses ƒ Institutions have assisted in such investigations or
committed in Afghanistan or by Afghans prosecutions outside Afghanistan (if active)
ƒ Review of prosecution records

76 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NATIONAL
JUSTICE PROGRAM
PART III
ARTF PROJECT
PROPOSAL 
AFGHANISTAN JUSTICE SECTOR REFORM PROJECT (PHASE 1)
Part 3 contains an application for ARTF M&E and auditing related to these activities
funding for a justice project [“the ARTF will be implemented through the NJP
Application”]. In this task the Government of Programme Oversight Committee (acting as a
Afghanistan will be assisted by the ARTF steering committee) and the NJP Programme
Administrator. It will consist of a log frame Support Unit, which will act in accordance
containing inter alia specific activities to be with ARTF rules, procedures and mechanisms.
implemented and related outputs, outcomes The exact shape of the NJP implementation
and costs. All the structure in relation to Part 3 activities will be
activities contained in Part 3 will be specified in the start-up plan to be negotiated
funded through the ARTF investment and by the ARTF Administrator and the
recurrent windows. Procurement, financing, Government of Afghanistan

Applicant The Islamic Republic of Afghanistan


Brief Description A project to enhance the capacity of the Afghan justice institutions to deliver legal
services. Investment and technical assistance provided under the project are intended to
strengthen human capital and physical infrastructure management, augment the skills of
justice sector professionals, and enhance the physical infrastructure used to deliver legal
services. The project is also intended to empower the Afghan people through legal aid
and education on legal rights and obligations. This is the first ARTF-funded project
proposal intended to support the implementation of the National Justice Sector Strategy
(NJSS) and the National Justice Program (NJP). The aim of this first project (Phase 1) is to
implement a set of quick impact sub-projects, visible to the Afghan people, while also
preparing a foundation for a subsequent more robust and longer term ARTF-supported
project (Phase 2).
Project To strengthen the centralized state justice system in Afghanistan and increase access to
Development justice for the Afghan people.
Objective
Performance 1. The number of improved justice facilities.
Indicators 2. The number of people who receive legal services.
3. The number of qualified and properly trained justice professionals.
4. The number of legal professionals with increased access to adequate legal reference
materials.
5. The extent of legal advice and representation provided by the state’s legal aid
program.
6. The number of community leaders and other Afghan people reached through the
legal awareness initiatives.
7. Improved capacity of legal institutions to manage their human resources and assets.
8. Progress in human resource reforms to lay the foundations for increasing salaries.
Sector Justice (BG)
Location Kabul City, provinces and districts in Afghanistan, to be identified
Total Project Cost $27 million ARTF financing
Amount Requested $27 million
for ARTF MC
Approval
Implementing The Supreme Court of Afghanistan
Agencies The Afghan Ministry of Justice
The Afghan Attorney General’s Office
Implementing Two years
AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 79
Period
Implementation The project will be implemented by a Program Oversight Committee, Program Support
Arrangements Unit, and a Project Unit in each implementing agency.
Contact for further Dr. Abdul Kamawi, The Supreme Court of Afghanistan
information Mr. Mohammed Hashemi, The Afghan Ministry of Justice
Dr. Samaadi, The Afghan Attorney General’s Office
Reviewed and Loan Department; Legal Department; Country Management
Cleared by the
Administrator

STRATEGIC CONTEXT AND 1.  Justice Sector 


RATIONALE In recent years, the GoA has taken bold steps,
assisted by the international community, to
A.  Key Development Issues  rehabilitate the justice system and improve the
delivery of legal services. Pursuant to
Afghanistan continues to struggle to overcome initiatives supported by the international
the legacy of almost three decades of war and donor community, hundreds of judges,
civil strife. Its political context remains prosecutors, Huqquq officers and other officials
complex and dominated by the cross-border have received substantive legal training; new
Taliban insurgency, increasing narcotics courts and office facilities have been built; a
production, and weak governance and rule of new manual case management system has
law. been tested for the courts; business operations,
especially in the central justice institutions –
Its economy has continued to recover strongly
the Supreme Court (SC), Ministry of Justice
in recent years, marked by strong fiscal
(MoJ) and Attorney General’s Office (AGO) –
discipline and declining inflation, but the
continue to be more closely aligned with
political and economic situation remains very current needs; and a number of NGOs have
fragile, especially in view of the tense, and in worked to provide legal assistance to the poor
some areas deteriorating, security situation. and disadvantaged to deal with their day-to-
By the time the Taliban government fell in day challenges.
2001, the Afghan political system had largely
collapsed. Given its direct relationship to GoA priority
interests such as security and economic
While many of the formal structures and some development, justice sector initiatives initially
of the traditional practices of public focused on criminal justice, including the
administration remained in place, they lack corrections system. In recent years, the focus
human, financial and physical resources, as of government and donor efforts has widened
well as up to date know how. Since then, the considerably to include work on other aspects
Government of Afghanistan (GoA) has faced of the justice system. Donors such as USAID,
enormous challenges in restoring security, for example, have provided significant
taking charge of running the country, building support for court administration and for
consensus across various political factions and legislative drafting capacity. Italy, the US and
rebuilding the capacity of the state. Germany, among others, have supported legal
education and training for legislative drafters,
In this challenging context, significant judges, prosecutors, public defenders, law
progress has been made in restoring professors and law students. Further
institutions of governance, but more is examples include UNODC’s provision of
urgently needed. Corruption continues to training on juvenile justice, and the EC’s
threaten the initial gains in government support for implementation of the Priority
capacity and effectiveness, and encourages a Reform and Restructuring (PRR) program, and
culture of patronage and involvement in other HRM reforms, at each of the justice
illegal activities, damaging the credibility of institutions. There has also been research and
the state. training on aspects of Afghan law such as
human rights, womens’ rights and
matrimonial law. There is much ongoing

80 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


work on the development of professional many in Afghanistan. All these things
standards in the justice sector, on building a undermine their efforts to deliver legal
national legal aid system and on the services to Afghan citizens.
promotion of legal awareness. Technical
support, including office management, Citizens themselves lack confidence in the
computer and database training, and the formal justice institutions and regard them as
rehabilitation and construction of slow, ineffective and often corrupt. Access to
infrastructure has been provided to the justice courts and legal assistance are rights
institutions. Legal libraries have been enshrined in the Afghan constitution, but they
established and new reference materials are rights that are very difficult for the
produced. There have also been a range of majority of Afghans, particularly women, to
justice sector conferences, seminars, studies realize. Public awareness of legal rights is
and assessments (see Annex 8 for a full list of very low, legal information is very difficult to
justice sector project supported by donors). access, and the majority of people cannot
afford court fees or the transportation costs for
One of the particular challenges in the Afghan attending court. It follows that one of the
legal system is the need to reconcile and biggest challenges of building the Afghan state
connect state law, sharia law and customary is to establish the legitimacy of the formal
law so as to establish a unified Islamic system justice system.
that is consistent with Islamic standards,
human rights standards and Afghan legal 2.  National  Justice  Sector 
traditions. Currently, the state courts and the Development Program 
traditional community-based jirgas and shuras
work largely in isolation of each other. The In January 2006, the GoA and the international
GoA aims to build a unified justice system that community agreed on specific development
will rely on formal institutions, while goals and deadlines for their achievement,
integrating the functions of the traditional including in the justice sector, in the
mechanisms of dispute resolution. At this Afghanistan Compact. These goals, along with
early stage, the priority is to strengthen the others based on the strategies produced by the
state justice institutions. At the same time, the Supreme Court (SC), Ministry of Justice (MoJ)
GoA is, and the permanent justice institutions and Attorney General’s Office (AGO) in April
in particular are, developing policies toward 2007, have now been incorporated into a
embracing the potential of traditional justice National Justice Sector Strategy (NJSS). The
systems. NJSS is intended to be a statement of high
level objectives, and is accompanied by a
Much work remains to be done in relation to National Justice Program (NJP). The NJP is an
the formal justice sector. Working conditions implementation plan designed to achieve the
for those in the sector remain very poor. objectives set out in the NJSS. The draft NJSS
Judges, prosecutors, and civil servants and NJP are currently at an advanced stage,
working in the justice sector are paid less than and once finalized, will form part of the GoA’s
a third of what is considered to be a living Afghanistan National Development Strategy
wage; they often do not have sufficient (ANDS).
training or access to laws and other legal
materials to advise on, apply or enforce state According to the NJSS, GoA’s vision is “an
laws; and they often feel isolated from the Islamic society in which an impartial and
central government and lacking the personal independent justice system delivers safety and
security necessary to reach independent security for life, religion, property, family and
decisions in local communities. All of these reputation, with respect for liberty, equality
factors make them more susceptible to before the law and access to justice for all.”
corruption, which according to popular The NJSS aims to realize this vision by
perception is widespread in the justice sector. undertaking a range of activities unified under
Court houses and offices are frequently either three goals: (i) improved quality of justice; (ii)
non-existent or badly dilapidated. Where they improved integrity, performance and
do exist, they often lack basic equipment such infrastructure; and (iii) improved coordination
as desks, chairs, and often, even pens and and integration within the justice system, with
paper. Many legal professionals also lack other government institutions and civil
access to transportation to attend courts and society.
offices in remote areas, of which there are
AFGHANSITAN JUSTICE SECTORL REFORM PROJECT
The proposed project is fully consistent with PROJECT DESCRIPTION
the NJSS and the NJP objectives and priorities,
and is designed to coordinate with and build A.  Project  Development 
on past and ongoing projects implemented by
the GoA and international donors (see Annex 1 Objectives 
for more details). In line with the ANDS and NJSS, the project’s
development objective is to strengthen a
B.  Rationale  for  ARTF  centralized state justice system and to increase
Involvement  access to justice for the Afghan people. The
project’s immediate objective is to enhance the
As GoA and the international donor capacity of the justice sector institutions to
community agreed at the 2007 Rome Conference deliver legal services. This will be achieved
on the Rule of Law in Afghanistan (convened by primarily through more strategic human
Afghanistan and Italy and jointly chaired by capital and physical infrastructure
the United Nations) there is an urgent need to management, increasing the skills of justice
improve the coordination, integration and sector professionals, and enhancing the
funding of investments in the Afghan justice physical infrastructure used to deliver legal
sector. services.

As part of their Joint Recommendations, the The guiding principles which underlie this
Rome conference participants agreed to project are: (i) to facilitate a shift from ad hoc
elaborate a comprehensive National Justice initiatives to more systemic, structural reforms
Program and establish a pooled funding owned by the Afghan justice sector
mechanism to support it. The Conference institutions; (ii) to establish justice sector
invited the World Bank to assist in the design centers of excellence (strategically located
of the pooled funding mechanism and noted justice sector facilities, serving as models for
that the ARTF showed the most potential. replication and enabling measurement of the
cumulative effects of reforms); (iii) to meet
The implementation of the NJSS and the NJP infrastructure needs as part of a
is a long term process which will require comprehensive program of institutional
continuing support through a number of reform; (iv) to strengthen self-governing
programs and projects, only some of which structures in the justice sector to promote
will be financed by the ARTF. It is hoped that professional competence and integrity and
the use of the ARTF, as a significant source of fight corruption; (v) to build sustainable
pooled funding, will facilitate a coordinated institutional capacity and (vi) to promote the
design and implementation of measures that
approach among international donors in the
recognize the additional challenges faced by
justice sector, reduce duplication, minimize
the most vulnerable sections of the Afghan
transaction costs, and so significantly increase
population including women, children and
the development impact of donor
those with disabilities (including the
contributions in this sector.
promotion of gender equality and human
rights).
At the same time, some justice sector
programs and projects will continue to be The project’s progress will be measured
supported by bilateral donors or other against: (i) the number of improved facilities;
multilateral trust funds, e.g. the Counter (ii) the number of people who receive legal
Narcotics Trust Fund and the Law and Order services in these facilities; (iii) the number of
Trust Fund. The various programs and qualified and properly trained justice
projects are drawn together under the professionals; (iv) the number of legal
objectives and priorities of the NJSS, and the professionals with increased access to
NJP. adequate legal reference materials; (v) the
extent of legal advice and representation
provided by the state’s legal aid program; (vi)
the number of community leaders and
ordinary Afghan people reached through the
public awareness initiatives; (vii) the increase
82 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
in the capacity of legal institutions to manage more complex issues such as possibilities for
their human resources and assets; and (viii) integration of the informal justice system, the
progress in human resource reforms to lay the establishment of agreed standards for the
foundations for increasing salaries. See also recruitment, training and performance
the Monitoring & Evaluation Framework evaluation of justice sector professionals and
proposed in Annex 7. the standardization of legal education. The
GoA will prepare Phase 2 in close consultation
The baseline data to measure project progress with international donors, and the Bank will
against the above indicators, and the project appraise the project design. Preparation work
monitoring and evaluation arrangements, will may start as early as September 2008.
be agreed at the beginning of project
implementation. Measures to enhance the C.   Project Components 
capacity of the justice institutions, and the The project will have three components: (i)
project implementation structure, to establish Enhancing Capacity of Justice Institutions; (ii)
baseline data and to conduct monitoring and Empowering the People; and (iii)
evaluation will also be considered. Strengthening Implementation Capacity.

B.   Strategic Choices   1.   Enhancing  Capacity  of  Justice 


This is the first ARTF-funded project proposal Institutions (USD 23.6 million)   
intended to form part of the NJP. The aim of The objective of this component is to enhance
this first project (Phase 1) is to implement a set the basic operations of the justice institutions.
of quick impact sub-projects, visible to the The target group comprises judges,
Afghan people, while also preparing a prosecutors and other justice sector officials,
foundation for a subsequent more robust and some of whom, by the end of the project,
longer term ARTF-supported project (Phase 2). should be able to work under substantially
The scope of activities in Phase 1 is better conditions and possess greater skills
deliberately limited, in view of the need to related to the resolution of legal disputes. The
establish the implementation structure, to eventual beneficiaries of this component will
build procurement capacity in the institutions, be the people of Afghanistan who receive
to assimilate baseline data and to operate in an better service in form of legal dispute
uncertain security environment. Phase 2 resolution.
activities will address more complex
challenges under the same development The component has three subcomponents: (a)
objectives. This incremental approach is human capital; (b) physical infrastructure; and
intended to enable the swift delivery of (c) information and communication
tangible benefits that will work to build trust technology.
and confidence in the GoA and the justice
institutions, and capitalize on the political A. Human Capital.   
momentum, both domestically and
This subcomponent will finance technical
internationally, for justice sector reform.
assistance (TA) for the first stages of Human
Resource Management (HRM) reforms for
Preparation of Phase 2 will begin during or
judges and prosecutors as well as the
immediately after the implementation of
continuation of civil service reforms for
Phase 1. Phase 2 will be designed to be
support staff. These reforms are intended to
consistent with, and where appropriate, to
form the basis for salary increases in the justice
continue, Phase 1 activities. It is anticipated
sector14 and to be consistent with the steps
that Phase 2 will: continue to support
taken under the Priority Reform and
initiatives instigated in Phase 1 such as HRM
reforms and training; implement the
construction of infrastructure, the designs of
which will be reviewed and procurement 14
Salary increases are not funded under this project.
undertaken as part of the Phase 1 project;
They will be funded by donor contributions to the ARTF
continue to provide ICT support; continue to recurrent window, on successful implementation of the
support legal aid and legal awareness HRM and associated reforms under this and/or follow up
initiatives and their roll out to additional projects.
provinces; and, additionally, address some

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT


Restructuring (PRR) program in other rehabilitation, construction and equipping of
ministries. other facilities according to the plans and
standards developed during the initial phase.
The specific reforms required as a basis for An overriding objective will be to align assets,
pay increases will be discussed and agreed buildings and management to the business
with the justice institutions, in consultation needs of the sector including, for example,
with the donor community, early on in the geographical caseload and demand for
project implementation period. This services.
subcomponent will also support the
development of legal libraries, a review of C. Information  and  Communication 
HRM procedures, legal forms, training courses Technology.  
and professional gatherings. A conference of
The third subcomponent will finance an
international legal professionals, including
assessment of the need for ICT in the central
those from countries with Islamic legal
legal and provincial justice institutions and
systems, and their Afghan counterparts will be
provide for the networks and hardware needs
organized to encourage an open discussion of
identified. ICT support will continue under
the development of Afghanistan’s domestic
the follow up projects, in line with the
law.
assessments and plans developed during this
first project.
HRM reforms and training initiatives will
continue to be supported in follow up
phases/projects (see Section II.E below). The 2.   Empowering  the  People  (USD 
reforms will target increased productivity 2.4 million) 
(through increased workforce specialization The objective of this component is to empower
and skill development), and more strategic the Afghan people through legal aid and
and integrated court management. Follow up education. The target group for this
projects will also continue supporting the component is community leaders as well as
development of legal documents, publications the wider population, especially those in the
and other materials. They will aim to most economically vulnerable sections of the
capitalize on the results of professional Afghan population, together with legal aid
gatherings and strengthen self-governing providers. Policy makers will also benefit from
elements (e.g. professional associations) of the activities forming part of this component. The
justice sector. This should contribute to the component is divided into two
independence of judges and legal subcomponents: (a) legal aid; and (b) legal
professionals. awareness.

B.  Physical Infrastructure.   
LEGAL AID.
With the investment and TA provided under
this subcomponent, the GoA will establish a D. Legal Awareness.  
Capital Investment Plan, other investment This subcomponent will support public
plans and facility design standards, including confidence in the state justice system, as well
standards for model justice centers; prepare
as knowledge and understanding of legal
for and begin to implement construction and
rights and obligations under civil (including
repair of court and office facilities and judges’
family), commercial and criminal laws.
residences; equip new and existing courts and
offices; and provide transportation for justice
sector officials. Capacity to manage physical
assets will also be supported to sustain the
progress achieved under this subcomponent.

The new facilities (with the exception of the


AGO HQ) will be constructed during a second
follow up project (see Section II.E below).
Follow up projects will support the
84 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
TA undertaken by a Legal Awareness unit, able to implement reforms and other activities
within the MoJ, will focus on awareness without significant additional assistance. The
raising, first, among community leaders, and immediate objective of this component is to
then, with the help of legal professionals, facilitate effective implementation of the NJSS,
among the general public. NJP and the project. With TA provided under
this component, the government will establish
Nanganhar province, comprising 21 districts, and operate NJP management infrastructure
which will also be responsible for the
has been selected by the MoJ to pilot this
management of the ARTF project. The
activity. The legal awareness campaign will, to
management functions will be shared among:
the extent possible and appropriate, be
a Program Oversight Committee (POC), a
coordinated with related programs, such as Program Support Unit (PSU), and a project
the Ministry of Interior’s Focused District unit (PU) in each of the implementing
Development program, bilateral projects and agencies.
with the legal aid subcomponent of this
project. If successful, the project will be rolled The POC will work closely with the Board of
out to other provinces as part of a follow up Donors (BoD) which will advise the POC on
project (see Section II.E below). strategic direction and reform challenges. The
project will finance local and international
consultants to assist the PSU and PU. It will
3.   Strengthening 
also finance the costs associated with
Implementation  Capacity  (USD  1.75  operating the implementation units (see also
million)  Annex 2).
The ultimate objective of this component is to
build implementation capacity within the D.   Project Costs by Component 
justice institutions so that they will, in time, be

Project: Justice Sector Reform Project US$ million


Country: Afghanistan
Project Cost by Components
Strengthening Capacity of Legal Institutions to Deliver Legal
A 23.60
Services
1 Human Capital 5.25
2 Physical Infrastructure 16.9
3 Information and Communication Technology 1.45
B Empowering the People 2.40
1 Legal Aid 1.80
2 Legal Awareness Campaign 0.60
C Strengthening Implementation Capacity 1.75
Total Project Cost* 27.75
* total including physical and price contingencies

E.  Relationship  to  Other  benefit from lessons learned and best practice
information.
Programs 
As a rule, even before comprehensive data is Activities under this project relate to the wider
available on existing and proposed bilateral public administration reforms (PAR) being
and other projects in the justice sector, the PSU supported by international donors and the
will undertake a stock-taking and bench- Bank. The PAR’s objectives are to: build an
marking exercise before launching new effective civil service; improve local
activities. This will ensure that activities governance and service delivery; and make
proposed under this project will not duplicate government accountable to the people. The
work already done in the sector and will PRR has been the principal vehicle for
AFGHANSITAN JUSTICE SECTORL REFORM PROJECT
restructuring and rationalizing government training, physical infrastructure, ICT and legal
agencies. The key elements of PRR are aid and legal awareness. Examples include
functional reviews, merit-based appointments, the Independent National Legal Training
and pay and grading reforms that include Centre (INLTC) project, whose major donors
significantly increased salaries. include Italy and the US; the development of
legal libraries and training materials
Within the PAR, the MoJ and seven of its supported, for example, by USAID and
regional offices underwent a functional review UNODC; the Focused District Development
and redesign of job descriptions. In March (FDD) program, run by the Afghan Ministry of
2007, the MoJ reached PRR stage two with the Interior with the support of the US military
1,815 job positions approved and 850 merit- (CSTC) and the US Department of State; the
based appointments. The SC and AGO have legal aid projects being pursued by CIDA and
not, until recently, sought to participate in the EC; and the regional training programs for
PRR. In December 2007, the SC and one court community leaders and prosecutors run under
in Kabul launched their version of PRR for the auspices of the JSSP (supported by the US
court staff. Early in 2008, the AGO decided to State Department) (see Annex 5 for further
take a similar approach. Both the SC and details of donor activities in the justice sector).
AGO have expressed their commitment to The project will also explore possible
initiate similar reforms for judges and collaboration with the National Solidarity
prosecutors. The special case of judges and to Program (NSP), supported by the Bank and
a similar extent, prosecutors, whose other donors and implemented by the
independence from executive influence must Ministry of Rural Rehabilitation and
be guaranteed, justifies a special reform track Development. The aim would be to build
such as the SC and the AGO has proposed. links between legal empowerment and
Close coordination between these HRM common needs of poor communities,
reform processes in the justice institutions and including access to resources, markets and
with the Civil Service Commission is essential. services. Legal awareness and legal aid
initiatives have the potential to build on the
Justice sector reforms in Afghanistan have effectiveness of the NSP by opening vertical
been supported by a wide range of programs pathways for the poor to effectively claim and
and projects funded and implemented by protect their rights, and to resolve disputes
various bilateral donors and multilateral trust both in terms of NSP-related disputes and
funds, e.g. the Counter Narcotics Trust Fund broader local tensions. Possible linkages with
(CNTF) and the Law and Order Trust Fund other projects will also be explored early on in
(LOTFA). The various projects are the project implementation period.
increasingly being drawn together under the
objectives and priorities of the NJSS, and the
NJP envisions that this multi-strand funding IMPLEMENTATION
structure will continue in the future. Such an
approach is required in the justice sector A.  Institutional Arrangements 
because significant funding sources are The NJP implementation structure will assist
restricted in the scope of the activities they are the GoA to manage this project and will over
authorized to support. The ARTF, given the time, as the implementing institutions further
restrictions in the Bank’s Articles of develop their capacity, work to transition
Agreement, is not authorized to fund activities implementation functions to the institutions
related to security and therefore, cannot fund themselves. The structure includes a Program
activities directly related to prisons. LOTFA Oversight Committee (POC); Board of Donors
funds, on the other hand, are intended for (BoD); Program Support Unit (PSU); and
activities directly related to police and other Project Units (PU) in the implementing
law enforcement agencies, and the CNTF is institutions – the SC, the MOJ, and the AGO.
authorized to support activities directly The POC is composed of the Afghan Chief
related to the reduction of illegal drug Justice, Minister of Justice, Attorney General
production.

This project has been designed to capitalize on


and complement the full range of projects that
are active in the areas of HRM, education and
86 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
and Minister of Finance. The GoA15 may subject to World Bank clearance. They will
select and appoint additional members of the report to the project director. The operating
POC and its chairman. costs of the PSU, as well as the costs of the
salaries of the PSU team, will be financed by
The POC is responsible for the overall policy, the ARTF Grant.
strategic planning and management of this
project, and the coordination of the The PSU will work closely with PUs
implementation of the project within the established in the SC, the MOJ, and the AGO.
National Justice Program and other Each PU will be led by each institution’s head
development programs. Responsibilities of the of administration, who will be supported by
POC other than those directly related to this an assistant. The assistant will be funded by
project are as set out in the NJP.16 Specific the ARTF. Each PU will further include a staff
responsibilities of the POC, which relate to this responsible for the tasks to be supported by
project, also include establishment of the PSU. the project such as physical infrastructure,
From the time of project effectiveness until the HRM and training, legal aid and ICT.
PSU is created (by end June 2008), the POC
will be responsible for project management. The PU will be a key vehicle for the transfer of
The POC will work closely with a Board of the know-how generated through the project
Donors and other stakeholders, supporting the from the PSU to the institutions. The role of
justice sector reforms. The POC and the Board each PU will be to facilitate smooth
of Donors will meet on a quarterly basis to cooperation between its respective institution
discuss project progress. and the PSU. The PUs will meet on a regular
basis with the PSU director to identify and
The PSU will be responsible for effective resolve issues arising from the implementation
execution of the project in compliance with the of the program and the project.
ARTF Grant Agreement. It will serve as POC
secretariat and will be responsible for the day- Specific responsibilities of each PU will
to-day management and implementation of include cooperation on organizing
this project including financial management, procurement (e.g. assisting in setting technical
procurement, progress reporting and specifications, terms of reference and
monitoring, and technical oversight of the qualification requirements of prospective
implementation of activities under the Project. contractors) and securing provision of timely
The PSU will also coordinate and monitor the inputs to implement project activities (e.g.
implementation of the NJSS and NJP. selection of pilot locations and construction
sites). A detailed description of the
The PSU will include: (i) a director, appointed implementation structure and operational
by and reporting to the POC; (ii) a program procedures will be included in the project
coordinator, responsible for the coordination operational manual, which will be issued
and monitoring and evaluation of NJSS and within four months of the appointment of the
NJP; and (iii) a staff of about four senior local project director (see also Annex 4).
and/or regional experts in fields such as
construction and facilities management, HRM, B.  Procurement  
education and training, ICT, legal aid and
informal justice; and (iv) two or three junior 35. Procurement for the proposed project
assistants. will be carried out in accordance with the
Bank’s Guidelines: Procurement under IBRD
Two regional and/or international experts in Loans and IDA Credits May 2004, Revised
procurement and financial management will October 1, 2006, Guidelines: Selection and
further assist the director and the team. The Employment of Consultants by World Bank
program coordinator and other staff will by Borrowers May 2004 Revised October 1,
hired on a competitive basis by the POC, 2006, and the provisions stipulated in the
Grant Agreement. For contracts to be financed
by the Grant, the different procurement
15 The authority in charge of appointing the chair of the methods or consultant selection methods, the
POC will be determined by the time of project need for pre-qualification, estimated costs,
effectiveness. prior review requirements, and time frame are
16 The form and responsibilities of the implementation agreed between the Recipient and the Bank
structure is set out in Chapter 4 C of NJP. team and reflected in the Procurement Plan.
AFGHANSITAN JUSTICE SECTORL REFORM PROJECT
The Procurement Plan will be updated at least and for building capacity within the
every six months or based on actual project government offices for these functions.
implementation needs and improvements in
institutional capacity. At the project level, the PSU will perform the
key financial management functions for the
The International Development Association- implementing entities – SC MoJ, and AGO. As
led procurement team has found that an interim measure until the time the PSU is
procurement capacity in the implementing fully established and staffed, the project will
agencies is weak and that they have not use the services of ARDS – PU in MoE to
implemented any donor-assisted project. handle the initial activities for the project. The
Therefore, it is recommended to seek the financial management capacity of MoE has
assistance of the Afghanistan Reconstruction been assessed for this purpose and found
and Development Services (ARDS) – PU in the satisfactory by IDA. IDA will carry out an
Ministry of Economy (MoE) as mandated by assessment subsequently of the PSU and its
GoA. In addition the PSU will be supported by financial management arrangements once it is
a procurement specialist. The detailed established.
procurement plan is attached as Annex 6.
The PSU will utilize an accounting system to
C.  Financial Management  maintain relevant accounting records and
generate required periodic reports on the
1.  Financial  Management,  project activities. Quarterly Financial
Disbursement  and  Audit  Monitoring Reports will be prepared by the
Arrangements  PSU. Consolidated project reports will be
prepared, reviewed, and approved by the
A Public Finance Management (PFM) MoF, supported by the FMA.A Designated
performance rating system has been recently Account (DA) will be opened at Da
developed for Afghanistan by the Public Afghanistan Bank (DAB, Central Bank) or in a
Expenditure and Financial Accountability local commercial bank in the name of the
(PEFA) multi-agency partnership program, project on terms and conditions satisfactory to
which includes the Bank, International IDA. The DA will be maintained by the MoF.
Monetary Fund, European Commission, and Withdrawal applications for replenishment
other agencies. Afghanistan’s ratings against will be submitted monthly. Financial
the PFM performance indicators portray a management arrangements for the project are
public sector where financial resources are, by detailed in Annex 5.
and large, being used for their intended
purposes as authorized by a budget that is 2.  Fund Flows 
processed with transparency and has
contributed to aggregate fiscal discipline. Fund management for the Project will follow
existing procedures. As with all public
Financial management and audit functions for expenditure, all payments under the project
the proposed project will be undertaken will be routed through MoF. The FMA will
through the agents contracted under the assist the MoF in executing and recording
project payments. In keeping with current
Public Administration Capacity Building
practices for other projects in Afghanistan, the
project. This is the primary instrument for
DA will be operated by the Special
continuing to strengthen the fiduciary Disbursement Unit (SDU) in the Treasury
measures put in place for ensuring Department MoF. Requests for payments
transparency and accountability of funds from DA funds will be made to the SDU by
provided by the Bank and other donors. PSU. In addition to payments from DA funds,
Under these contracts, two advisers— the PSU can also request the SDU to make
Financial Management and Audit—are direct payments to consultants, consulting
responsible for working with the government firms or suppliers, and special commitments
and line ministries to carry out these core for contracts covered by letters of credit. Such
functions. The Financial Management Agent requests will follow Bank procedures. All
(FMA) is responsible for helping the MoF withdrawal applications to IDA, including
replenishment, reimbursement, and direct
maintain the accounts for all public
expenditures, including IDA-financed projects
88 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
payment applications, will be prepared and The quarterly reports, including Financial
submitted by MoF. Monitoring Reports, will form the basis of the
project monitoring and supervision by the
3.  Accounting and Reporting  Bank. The reports will include sources and
uses of funds, physical progress and the status
A Financial Management Manual will be
of procurement activities. The compilation of
prepared by the PSU, within three months of
the reports will be the responsibility of the
its establishment, documenting the financial
PSU and PUs. The project will also be
management arrangements for the project.
monitored through studies/surveys, expert
The manual will outline guidelines for project
assessment, and collection of empirical data.
activities and establish a project financial
management system in accordance with The PSU under the POC, supported by the
standard Afghan government policies and
consultants, will be responsible for overall
procedures.
monitoring and reporting to ARTF (at six
This will include use of the Chart of Accounts monthly intervals). The project will also be
developed by the FMA to record project monitored through supervision, progress
expenditures. Project accounts will be reports, studies/surveys, expert assessment,
consolidated centrally in MoF, through the and empirical data.
SDU and supported by the FMA.
Consolidated Project Financial Statements will In addition, each of the components aims at
be prepared for all sources and uses of project improving the GoA’s capacity to manage
expenditures. particular functions based on empirical data.
For instance, the Project will assist the GoA in
4.  Disbursement Method  establishing a performance monitoring and
Disbursements from the grant will be evaluation system that will enhance the
transaction-based, with replenishment, human resources, asset management and legal
reimbursement, direct payment, and aid program.
payments under Special Commitments
including full documentation or against These systems will become an integral part of
statements of expenditures, as appropriate. the project’s monitoring and evaluation
arrangements.
5.  Audit of Project Funds  
The Monitoring and Evaluation (M&E)
The Auditor General, supported by the Audit
frameworks have been developed to guide the
Agent, is responsible for auditing the accounts
progress assessments. The frameworks are
of all IDA-financed projects, it will also be
responsible for this project’s audit. Annual annexed to the main program and project
audited project financial statements will be documents (see also Annex 7). Following the
submitted within six months of the close of guidance of the NJP and the Grant Agreement,
GoA’s fiscal year. the PSU and PU will update the frameworks
within four months of the appointment of the
E.  Monitoring and Reporting  Project Director.

The POC will report on the NJP to the Cabinet


of Ministers, and to the ANDS Oversight
F.   Sustainability and Risks 
Committee in accordance with the ANDS and The factors that are critical to the sustainability
NJP requirements. On a quarterly basis, the (and/or attainability) of the project objectives
POC will discuss the NJP and project progress are: (i) security; (ii) institutional capacity; (iii)
with the Board of Donors. Project progress commitment and support for HRM reforms;
will also be reported to the ARTF (iv) coordination; (v) the availability of
Management Committee at six monthly
empirical data to support the reform design
intervals.
and monitor its progress; and (vi) corruption.
The overall implementation risk rating is
“Substantial”.

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT


1.  Risks and Risk­mitigation Measures 

Risks Mitigation measures Risk Rating with


Mitigation
Security
The political and security situation in Afghanistan remains volatile. The project design is flexible enough to be able to react and adjust to realities. Substantial
This may interfere with development and reconstruction efforts.
Institutional Capacity
1) Weak capacity of the implementing agencies ( SC, MOJ, AGO) and The project will fill capacity gaps by using experienced Substantial
their regional offices; international/regional/national consultants. In addition, the project supports
capacity building in the implementing institutions. Close cooperation and
2) Weak capacity of the private sector to execute construction and coordination with other donors who rely heavily on international assistance should
ICT projects also help to address this weakness. Finally, with respect to procurement, the
justice sector institutions, at least at the initial stage of the project will work closely
with the Ministry of Economy.
Commitment to Reforms
Some of the reforms, e.g. HR reforms for judges and prosecutors, may Improved competence of workforce in justice sector is conditio sine qua non for High
disturb political alliances (in the long term) and might thus be strengthening the rule of law. A combination of “hard reforms” with reforms which
perceived as a political threat. Recent withdrawal of two laws on civil have strong support from the leadership and its constituencies (such as building
service reform from the Parliament illustrates importance of the physical infrastructure and increase of salaries at the end of the reform process)
commitment to this reform. should help to gain the support for and ownership of the full range of reforms.
Coordination
(i) Justice Sector
The justice sector is composed of three separate institutions whose Through TA the project will increase the understanding of the concepts of Medium
interests sometimes compete. The need to preserve institutional independence and accountability. The TA provided under the project should result
independence of judicial and prosecutorial systems translates into a in more transparent and better informed managerial decisions.
tendency to seek separation from mainstream sector reforms (e.g.
seeking a separate facility, institution, and process from that used in
the rest of the public and or justice sector). These trends reduce
returns on the reform investments.
(ii) Donors
Justice sector reform has been supported by a large number of The NJSS and NJP represent a consensus on the key reform directions and Medium
development partners with different priorities and approaches. priorities. The implementation structure, mainly the PSU which will have dual
Although donor coordination has improved in recent years, the legacy responsibilities to implement this project and to coordinate all other reform efforts,
of patchy and inconsistent reform interventions will be hard to will reduce the risks of overlaps and reform inconsistencies. In addition, there are
overcome. other donors’ coordinating mechanisms (e.g. ICGJR, PJCM) in place to address
the issue of insufficient coordination.
Design & Lack of Empirical Data

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 90


By any standard, existing information metrics about the Afghanistan The challenge will be addressed through the relative flexibility of the design which Substantial
JS are not yet sufficient to inform the management about decision- should allow for necessary adjustments. The project component includes
making, designing the project, and/or monitoring its progress during collection of necessary data and analytical work which should help to make
the execution phase. This may reflect on the adequacy of the project informed decisions about the project.
design.
Implementation Arrangement & Capacity
Implementing agencies have very limited capacity for the procurement The PSU will assist the implementing agencies with the procurement and financial High
and financial management that will be necessary to implement the management, and other aspects, involved in implementing the project. In the
project activities. They do not have experience implementing the interim period before the PSU is established, MoE will assist the implementing
World Bank Procurement Guidelines and associated procedures. agencies with procurement and financial management.
Corruption
1) Judicial Corruption. 1) Through its activities, the project will increase transparency and accountability High
in the justice sector. For instance, by HRM management reform, the project will
Reportedly corruption is wide spread in the justice sector. Corruption
reduce corruption associated with hiring of judges, prosecutors and others. This
erodes confidence in the system and undermines its already fragile
reform is also a precondition for salary increases, which are themselves seen as
legitimacy. A corrupt justice sector cannot deliver service (including its
one of the most important anticorruption measures. The project’s legal
oversight over other branches of the government); nor can it
empowerment component should also increase the ability of people to execute
prosecute corruption committed by others.
public control over officials, including judges and prosecutors.
2) Strong management structure, transparent procedures, information sharing,
2) Corruption at the project level. and close cooperation with larger constituencies (especially with donors), and
The project management responsibilities will assist the institutions’ intensive supervision of the project should mitigate the risk. Additional financial
implementation capacity. A lack of understanding of existing controls and audits can help with the corruption issue. Further, onsite inspections
procurement and FM practices impose the risk. Corruption is inherent by the PSU or government staff will be necessary.
especially in construction component. Here, a lack of an overall
framework for quality assurance, e.g., local municipality inspections
and permitting requirements increase the risk of corruption.
Overall S

Risk rating: H=high risk; S=substantial risk; M=modest risk; L=low

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 91


between effective justice institutions – capable
G.  SOCIAL  AND  of delivering a range of legal services to the
ENVIRONMENTAL ISSUES  Afghan people – and economic growth,
The physical infrastructure component of the private sector development, poverty
project will trigger OP/BP 4.12, although the reduction, reduced dependence on the drug
planned rehabilitation and construction economy and the delivery of public services,
activities of court and office facilities and judges’ are widely recognized. In recent years, there
residences primarily will be on existing have been several high profile achievements
government land, and no major land related to governance. In January 2004,
acquisition is expected. The Environmental Afghanistan adopted a new Constitution.
and Safeguards Management Framework, Afghans participated in elections for the first
followed by other ongoing/planned projects democratically elected president in December
in Afghanistan, specifies the procedures to be of the same year. Elections for the Wolesi Jirga
followed in case of Land Acquisition and will (the lower house of the National Assembly)
be adapted to the present project, where all and for provincial councils took place in
sub-projects may not be identified at appraisal. September 2005.
An Integrated Safeguards Data Sheet (ISDS) is
included at Annex 9.Annex 1 Over the same period, Afghanistan's economy
continued to recover strongly, marked by
strong fiscal discipline and declining inflation.
A.  Sector Background  Despite these achievements, however, the
Afghanistan has undergone a political situation remains very fragile, especially in
transformation since 2001, but view of the tense, and in some areas
notwithstanding a wide range of important deteriorating, security situation. The country
achievements, the normalization of political has not emerged fully from its state of conflict.
culture still has a long way to go. The need for At this point, there are great pressures on the
long-term engagement in Afghanistan has justice institutions to deliver services requiring
been recognized by the international significant increases in their management and
community and was endorsed at a high-level implementation capacity. In the context of
conference held in London in January 2006 enormous needs, weak capacity and
which provided a forum to launch the “post- increasing insecurity in many areas, a sense of
Bonn” agenda. A significant feature of this frustration is emerging at the ability of the
agenda is the Afghanistan Compact which government to make these institutions
provides twenty-seven benchmarks to be relevant, and capable of delivering tangible
achieved within the next five years. The benefits, to the Afghan people.
benchmarks for the Compact were drawn
from the Government’s Interim Afghan Currently, Afghanistan does not have a
National Development Strategy (IANDS). The uniform legal system. In practice, justice
IANDS, completed in January 2006, is built institutions apply and enforce sharia law and
around three pillars: (i) security; (ii) customary rules irrespective of relevant state
governance, rule of law and human rights; law. Informal institutions, such as jirgas or
and, (iii) economic and social development. shuras, continue to play an important role in
The strategy provides a vision of development resolving disputes, prosecuting crimes, and
based on private-sector-led growth supported enforcing contracts, but often without regard
by a lean state, which uses the budget as its to the constitution or the internationally
key policy instrument and aid coordination accepted human rights standards to which
tool. The development of the full ANDS is Afghanistan is bound. Women and children,
now at an advanced stage, and advanced in particular, are often unable to access
drafts of the strategy are currently being appropriate protection within the informal
reviewed by the GoA and the donor justice enforcement system. The formal justice
community. sector principally operates under the authority
of three institutions: the Supreme Court, the
Building institutions that can provide security Ministry of Justice and the Attorney General
and services to the Afghan people, while Office. Legal education, currently provided by
protecting their rights, has been at the heart of state universities, in law and sharia faculties
the reconstruction effort since 2001. The links respectively, and in madrasas, is also an
AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
important influence on the operation of the government; registering political parties and
justice sector. social organizations; and licensing lawyers.
Recently, the MOJ has become a focal point for
1.  The Supreme Court   promoting the enforcement of human rights.
The MoJ has around 1,400 professional civilian
The jurisdiction (criminal, civil, commercial
staff, and offices and facilities in provincial
and administrative) of the Afghan courts is
centers and in all 365 districts. The Central
governed by the 2004 Constitution and the
Prisons Department, responsibility for which
2005 Law of the Organization and Authority
was transferred to the MoJ from the Ministry
of the Courts of the Islamic Republic of
of the Interior in 2003, has about 3,600
Afghanistan. The Supreme Court (Stera
personnel (95% military personnel) and is the
Mahkama) is Afghanistan’s highest judicial
largest department of the MoJ. The Advocates
organ, and the judicial branch as a whole is,
Law requires the MoJ to assist with the
according to the constitution, “an independent
establishment of an independent bar
organ of the state”. The Supreme Court is the
association and ensure the availability of legal
final court of appeal and has the authority to
aid to indigent defendants in criminal cases.
interpret the Constitution and review the
Key challenges for the MoJ include human
constitutionality of legal instruments. It is also
resource management reforms; instigating
charged with the administration and oversight
institutionalized and structured training;
of the lower courts, the Appeal Courts and the
raising legal awareness and providing
Primary Courts (Urban and District Primary
effective legal aid for indigent litigants, in
Courts). It is thus responsible for the
particular defendants in criminal cases; and
administration of a court system which
constructing or rehabilitating the office and
comprises 34 Appeal Courts (one in each
transportation necessary for effective
Afghan province) and some 408 Primary
operations around the country.
Courts. In total, it employs over 6,100 people,
including around 1,700 judges (some of whom
are administrators and do not hear cases),
3.  The Attorney General’s Office  
judicial advisors and court clerks. The Attorney General’s Office is part of the
executive branch but is “independent” in its
The Supreme Court itself is comprised of the functions (Article 134, 2004 Constitution). It is
Chief Justice and eight associate justices who charged with the investigation and
serve ten-year non renewable terms of office. prosecution of crime. The AGO comprises
By statute, the Supreme Court High Council is approximately 4,500 staff in total, including
vested with the responsibility for judicial over 2,500 prosecutors. Prosecutors investigate
administrative policy development and crimes, and direct the police work involved in
dissemination, and for “taking appropriate the investigation. The AGO’s Judiciary
measures for enhancing the knowledge and Department is responsible for determining
experiences of judges.” The General whether an indictment should be filed with
Administrative Office of the Judiciary is the court so as to instigate a prosecution. The
responsible for the implementation of Attorney General is responsible for the
Supreme Court High Council policies and all
administration of the AGO, which has offices
other judicial administrative matters.
in the 34 provinces and in more than 300
districts. The AGO has special divisions to
2. The Ministry of Justice    investigate and prosecute particular crimes
The MoJ has a broad mandate. Among the including national security, corruption and
important functions it incorporates are: financial offences.
drafting and publication of legislation (the
Taqnin), mediation and enforcement of B.  Key Challenges  
judgments (the Huqquq); legal protection of
government assets (the Government Cases The real challenge for the justice sector as a
Department); overseeing the prisons (the whole will be to build legitimacy and
Central Prisons Department); and the Juvenile relevance in the eyes of the Afghan people. As
Rehabilitation Department. It is also described above, historically, the centralized
responsible for raising legal awareness and justice system has been no more than
legal aid; providing legal advice to the peripherally relevant to the lives of most

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 93


Afghans. The GoA and donors agree that, to 2.  Physical  Infrastructure  and 
be successful, the reconstruction of the Information  and  Communication 
Afghanistan legal system has to proceed in an Technology 
integrated and an all embracing manner. It is
a reform necessity to bring the key justice Lack of appropriate infrastructure and ICT
institutions under the control of the state, and continues to be a significant problem. In many
parts of the country, court houses and
equip them so they can effectively function in
prosecutors offices are either non-existent or
their prescribed roles. This project therefore
badly dilapidated. Where they do exist, they
focuses on building the capacity of the
often lack basic equipment such as desks and
centralized state justice institutions. The
chairs, and often, even pens and paper. This
particular challenges in this regard are should be considered against research studies
described below. which suggest that good physical working
conditions are among the most powerful
1.   Human Capital  performance incentives for legal professionals.
There remains a dearth of human capacity in Proximity to court facilities is also one factor in
the justice sector institutions. By GoA’s own assessing the public’s access to justice. Many
estimation, only 40% of judges and, in the legal professionals lack access to
provinces, only 20% of prosecutors, have a transportation to attend courts and offices in
university education. Legal professionals often remote areas, of which there are many in
have neither sufficient training nor access to Afghanistan. All these things undermine the
the basic reference materials required to apply justice institutions’ efforts to deliver legal
state law or shariah law. Some 36% of judges services to citizens, and must be addressed in
report that they have no access to statutes; 55% order to set the justice system on its feet.
say that they have no access to textbooks; and
around 80% say that they have no access to 3.  Access  to  Justice  and  Legal 
Supreme Court decisions or to professional Awareness  
support from mentors. Judges, prosecutors
Citizens themselves lack confidence in the
and other justice officials earn an average of
formal justice institutions and regard them as
around $80/month. This is less than a living
slow, ineffective and often corrupt.
wage and quite insufficient to attract, retain
and motivate skilled professionals. Justice Public awareness of legal rights is very low,
professionals also often feel isolated from the legal information is very difficult to access,
central government and lacking the personal
and the majority of people cannot afford court
security necessary to reach independent
fees or the transportation costs for attending
decisions in local communities. Independence
court. This should be set against a
and impartiality of legal professionals –
background of research which suggests the
judges, prosecutors and court personnel – is
vast majority of civil disputes can normally be
essential to the proper functioning of justice
resolved simply by the provision of legal
institutions, but as yet, the justice sector lacks
advice, long before they come before a court.
a mechanism for ensuring the accountability,
Access to courts and legal assistance is a right
and the ethical conduct, of legal professionals.
protected by the Afghan constitution, but it is
There is little sense of professional status or
pride among Afghan legal professionals, and a right that is very difficult for the majority of
their individual loyalties are often based on Afghans, and particularly for women, to
patronage rather than a commitment to realize.
uphold the law or the integrity of their
profession. Furthermore, HR management in This is particularly critical in criminal matters,
the justice institutions fails to ensure merit- where the availability of representation makes
based recruitment, merit-based advancement, it more likely that an individual’s detention
the promotion of ethical standards or the will be swiftly reviewed and his case heard
provision of training to judges and before he or she has had to spend months on
prosecutors necessary to address the system remand. Thus, the ability of Afghan people to
wide lack of fundamental legal competencies. help themselves by accessing legal advice and
representation must be addressed.

94 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


4.  National  Justice  Sector  The objective of this component is to enhance
Strategy and Program    and/or enable the basic operations of justice
institutions by investing in the skills of justice
While donors and partners have been active in sector professionals and officials, and
the justice sector, assistance has been improving their working conditions. The
characterized by poor coordination and component has three subcomponents: (a)
inadequate funding. Greater coordination of human capital; (b) physical infrastructure; and
development initiatives in the justice sector is (c) information and communication
thus sorely needed. In late 2006, donors technology. These will, to a large extent, build
established the International Coordination on, complement and/or expand on ongoing
Group for Justice Reform (ICGJR) in Kabul. GoA and donor activities.
Currently, as agreed at the Rome Conference,
the UNAMA Provincial Justice Coordination A. Human Capital ($5.25 million)  
Mechanism (PJCM) is also being set up to
rationalize internationally funded justice The reforms under this subcomponent seek to:
sector projects, but more needs to be done. (i) increase strategic alignment of human
resource management (HRM) functions,
This project is designed to directly support the capacity, and processes with justice sector
achievement of a range of the outcomes stated business needs; (ii) intensify learning and
in Section VII of the NJP, the most prominent training of the workforce; (iii) encourage
of which include: (i) the organizational professional affiliations; and (iv) provide the
restructuring and design of the justice decision-makers (legal professionals) with
institutions; (ii) pay and grading reforms opportunities to exchange experiences and
leading to improved salaries, benefits and views on subjects relevant to the development
work conditions; (iii) recruitment standards, of a legal system in Afghanistan. These
including standards related to the academic reforms will also seek to increase the
and vocational qualifications of new staff; (iv) employment of, and/or the equal treatment of,
a functioning legal aid system; (v) the women and those with physical disabilities.
dissemination of laws to justice sector
institutions and to the public; (vi) effective I. Human  Resource  Management 
public awareness campaigns to improve Reform ($1.75 million) 
victims’, witnesses’, defendants’ and the This subcomponent will finance technical
public’s knowledge of their rights and assistance (TA) in the form of consultant
responsibilities, and access to justice; (vii) services; study tours; and training to the SC
professional development opportunities for and AGO to carry out HRM reforms for
justice sector professionals; (viii) a prioritized judges, prosecutors and civil servants.17
and sequenced infrastructure development Specific project activities include:
plan with standardized designs; and (ix)
functioning institutions of justice in provinces, ƒ Creation of independent decision-making
including the construction or rehabilitation of bodies responsible for personnel
certain offices and courts. management in the Supreme Court (SC)
and Attorney General Office (AGO).
(Judicial and Prosecutorial Councils).18
ANNEX 2
ƒ Review of the selection and appointment
A.  Detailed Project Description  policies and regulations for judges and
prosecutors. The objective of the review is
The project has two main components. First,
“Enhancing Capacity of Legal Institutions”
and second, “Empowering the People”. The 17
project also has a third Implementation This project activity does not include the MOJ which
implements its civil service reform under the umbrella of
Capacity component, which is designed to PRR.
ensure smooth implementation of the project. 18
This model is common in many countries in Europe,
Latin America; but also in countries with Islamic Law
1.   Enhancing  Capacity  of  Justice  such as Algeria; Egypt; Jordan; and Morocco.
Institutions ($23.6 million)  

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 95


to develop recommendations for: which have been developed and
strengthening competitive and merit- implemented by the justice sector and
based elements of the process; improve involved donors. Programs to enhance
quality of the induction training and new skills such as legal analysis, computer
learning for the candidates for judgeship proficiency, library management, court
and prosecutorship; and to improve administration, and financial management
transparency of the allocation of judges will also be added. When project
and prosecutors to the courts and implementation begins the SC, MoJ, and
prosecutors’ offices. AGO will prepare the precise portfolio
and timetable of training activities per
ƒ Evaluation of the skills of “sitting” judges
each justice sub-sector (2 year-training
and prosecutors. The purpose of the
plan).
evaluation is to design and implement a
requalification program. ƒ Creating legal libraries. Three types of
libraries will be supported through this
ƒ Implementation of the second phase of the
activity. First, the project will finance the
Priority Reform and Restructuring (PRR)
completion of the Central Legal Library in
program which the SC and the AGO
the MoJ, which the Taqnin has started to
began in 2008. Support will be provided
assemble.19 In addition, mid-sized
for two activities: (i) completion of the
libraries will be created in four provincial
functional reviews and job descriptions for
MoJ offices. These libraries will be
civil servants in the SC and AGO and pilot
accessible to the staff of the provincial MoJ
regional offices; and (ii) rolling out the
office of the MoJ, and to the regional and
program to around ten regional courts and
local administration, and if feasible, to the
offices. The pilot offices will be selected
general public. The project will also
by the SC and AGO at the commencement
finance the creation of a number of small
of project implementation.
libraries containing core legal materials in
• courts and prosecutor’s offices. The list of
courts and offices where the libraries will
II. Learning  and  Training  ($3.5  be established will be prepared by the SC,
million)  MoJ, and AGO (against specific criteria) at
This subcomponent will finance TA in the the commencement of project
form of consultant services, training, and implementation.
goods to enhance the skills of the justice sector ƒ Dissemination of Laws. This activity will
workforce, with a particular focus on female support continued publication of the State
staff, and to improve their access to legal Gazette and a collection of statutes, and
information. Specific project activities include: their distribution to all state agencies,
including all courts, all prosecution
ƒ Strengthening training management agencies, all state university law schools,
capacity in the SC, Ministry of Justice all law schools in Afghanistan and the
(MoJ) and AGO. The activity aims to Wolesi Jirga. It will also support
build the capacity of the training units in development of an index to the legislation
the Human Resources (HR) departments published in the State Gazette, and
at the SC, MoJ, and AGO to develop, distribution thereof to the same agencies.
organize and coordinate education, Finally the MOJ, under this component,
learning and training programs for their will carry out a feasibility study for the
staff. A stock-taking study of previous and creation of an internal print-shop to be
ongoing training programs will form part used for the publication of laws and
of this activity. regulations. USAID is has been
ƒ Providing training to judges, prosecutors, undertaking important work in this area
their support staff and MoJ officials and its
regional staff. Under this activity, some
1,000 judges, prosecutors, and their 19
This will be coordinated with the INLTC law library
support staff and MoJ officials will receive management system. Possible additional support for the
training. Whenever possible the project MoJ Translation and Publication Unit will also be
considered.
will continue with training programs
96 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
for some time and the precise maintenance costs associated with the
specifications of this project activity will existing facilities.
be developed in close coordination with
ongoing initiatives. ƒ Preparation of an Investment Plan and
Facility Standards. The Capital
B. Physical  Infrastructure  ($16.9 
Investment Plan will be based on a
million) 
assessment of the current condition of the
With the investment and technical assistance facilities (part of which is being conducted
provided under the subcomponent, the GoA
by another donor), and will produce an
will prepare and partially implement
inventory of necessary new construction
construction and repair of court and office
and rehabilitation works; criteria for
facilities and judges’ residences; equip new
and existing courts and offices; and provide prioritizing the necessary works taking
transportation for justice sector officials. into account building conditions and
Capacity to manage physical assets will also staffing and workload estimates; and an
be supported to sustain the progress achieved estimate of costs for the necessary works,
under this subcomponent. Specific activities including maintenance and operations.
to be implemented under this component The activity also includes funding to
include: develop standards for model justice
facilities, incorporating best international
ƒ Design (or design review) of about 28
practices, lessons learned from bilateral
court and rehabilitation of about five
buildings; design of about six regional work already undertaken by donors, and
offices of the MOJ; and design of and designs for new model provincial centers,
rehabilitation of three AGO offices. The to be built in the next phase of the ARTF
specific (regional) facilities will be selected project.
by the SC, MoJ, and AGO at the
commencement of project implementation ƒ Purchase of 220 vehicles and their
based on a set of indicators such as operating and maintenance costs for use
workload, size of population served, by judges, prosecutors and their staff, and
security, potential as a center of excellence MoJ officials, throughout the country on a
and other factors which determine the prioritized basis. In addition to permitting
ability to complete construction in the staff to travel outside provincial cities,
given timeframe. Design (or design
new vehicles will contribute to the
review) will take account of the needs of
security of the staff. Selection criteria will
female and disabled staff and clients. In
most of these cases the actual construction be agreed upon commencement of the
of the new facilities will take place during project.
the second phase of the reform. However,
ƒ Purchase of office equipment (including
the implementation process will be
copiers, fax machines) and furniture for
organized such that (re)construction work
on courts and other facilities can proceed current and to-be-constructed facilities.
as soon as appropriate conditions exist. The lack of such equipment, even in
current facilities, is repeated cited as a
ƒ Design and extension of training facilities,
major detriment to the functioning of staff
administrative offices, and housing (dorm
space) for trainees in the Independent of the Justice institutions throughout the
National Legal Training Center. country. It is anticipated that additional
furniture and equipment will be
ƒ Design of a new headquarters facility for
the SC, the MoJ, and the AGO (in case of purchased in the future phase of the ARTF
AGO the project will also finance project.
(re)construction work).
ƒ Creation of operating investment funds in
the SC, MoJ, and AGO to finance

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 97


Information  and  Communication  2.   Empowering  the  People  ($2.4 
Technology ($1.45 million)  million) 
The subcomponent will finance an evaluation of The objective of this component is to empower
the ICT needs and limited implementation of the the Afghan people through legal aid and legal
ICT reform. The project focus will be on case education. There will be two subcomponents:
management, HRM, and performance monitoring (i) legal aid and (ii) legal awareness.
and evaluation system. First, an overall ICT plan
for the justice sector and/or its sub-sectors A.   Legal Aid ($1.80 million)  
(e.g. courts) with the basic data will be This subcomponent will provide TA assistance
prepared by MoJ, and AGO with help from in the form of consultant services, and
international experts.20 The plan will be the training, and investment (under the physical
road map for the overall design. Second, a infrastructure subcomponent) to implement
software solution will be modularized and the first phase of a national legal aid program.
implemented in a sequenced manner. For each The MoJ has been working with international
subsequent module it will be ensured that it donors to draft a comprehensive set of policies
for the legal aid system. The proposed system
will be compatible with previously developed
includes a Legal Aid Department in the MoJ,
modules.
the National Legal Aid Council, liaison officers
and legal aid offices, and identified service
To reduce operation and maintenance costs,
providers, in the regions. The proposed
any systems should be prepared as web-based system of service providers includes
systems which initially “run” locally without a employed lawyers and paralegals in legal aid
network connection. With progress in the offices, NGOs and legal clinics in law schools.
country and a more stable and affordable ICT The legal aid system will require the
infrastructure, such a system could be cooperation of these institutions with the
operated from a central server. This will help police, prosecutors, and judges.
to reduce the overall operation and
This subcomponent will finance the creation
maintenance costs.
and operation of five to ten legal aid offices in
the regions selected by the MOJ against
The specific interventions include:
criteria such as size of population served;
specific problems posed; security; potential as
ƒ Purchasing a minimal amount of
a center of excellence; and presence of related
hardware to meet emergency needs of the
projects. The support will include hiring and
SC, MoJ and AGO training staff, drafting operational manuals,
ƒ “Rapid Assessment” for the offices of the and covering the operating costs of the offices.
MoJ, and the AGO will be prepared. This In addition to day-to-day service provision,
rapid assessment will provide information with a focus on services related to women and
on the current situation on the ground, children, and coordinating service provision
possible interventions for the institutions with other service providers, the office will be
responsible for close monitoring and
and most of all an outline of the recurrent
evaluation of demand for and supply of
cost to make any intervention in the long
services. This will include not only service
run sustainable
provided by the offices, but also service
ƒ Under the project, MOJ and AGO will provided by other service providers. The data
prepare a detailed network design for collected through the project will be used to
their respective buildings. These designs prepare a report on legal aid provision which
will be implemented during the 24-month will serve to make recommendations for
project period. Hardware for the network modifications of the system design and to
will be purchased through the project. prepare a plan for its roll out into other
provinces and districts.

20
The SC will prepare its ICT plan under the USAID
funded bilateral project

98 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


B.  Legal Awareness ($0.60 million)  materials (the package will contain material
which has been developed under existing
This subcomponent will finance technical
projects, as well as new materials); (iv)
assistance in the form of consultant services
and training to pilot a trust-building and legal conducting training sessions with male and
awareness campaign in the Nanganhar female community and civil society leaders
province and its 21 districts. The MOJ will (about 500 people); and (iv) reaching out, to
supervise the project. The specific activities to the population in close cooperation with the
be financed include: (i) creation and staffing community leaders.
of a small office of two to four people which
will be supported by local consultants (legal The office will work in close cooperation with
professionals); (ii) organizing initial legal aid office and its experience will feed
consultations with the local community into the assessment of legal demand. The MOJ
leaders and legal professionals to identify will, to the extent possible and appropriate,
existing legal awareness initiatives and coordinate with related programs, such as the
accordingly, define the priority themes for the Ministry of Interior’s Focused District
trust-building and training activities; (iii) Development program, the National Solidarity
developing trust-building and training Program and the Provincial Justice
Coordination Mechanism.

3.  Strengthening  Implementation 


Capacity ($1.75 million) 
The objective of this component is to ensure
efficient implementation of the project. (see
Annex 4 on Implementation Arrangement)

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 99


ANNEX 3
A.  Table A.1: Project Cost by Component for ARTF Proposed Funding 
Table 1: Summary Cost by Component

Project: Justice Sector Reform Project US$ million

Country: Afghanistan
Project Cost by Components
A
Strengthening Capacity of Justice Institutions 23.60
1 Human Capital 5.25
2 Physical Infrastructure 16.9
3 Information and Communication Technology 1.45
B Empowering the People 2.40
1 Legal Aid 1.80
2 Legal Awareness Campaign 0.60
C Strengthening Implementation Capacity 1.75
Total Project Cost* 27.75
* total including physical and price contingencies

Table 2: Project Cost for Component 1 by Expenditure Category

Component 1: Amount in million USD

Strengthening Capacity of Justice Institutions 23.600

Human Capital 5.250


Infrastructure 16.900
Information and Communication Technology 1.450
A Human Capital 5.250
1 Supreme Court 2.050

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 100


Human Resource Management 1.450 CS
Legal Education - Training 0.600 CS
2 Ministry of Justice 1.800
Legal Education and Training 1.050 CS
Dissemination of Laws 0.750 CS/Goods
3 Attorney General's Office (AGO) 1.400
Human Resource Management 0.300 CS
Legal Education and Training 1.100 CS
B Physical Infrastructure (Facilities and Vehicles) 16.90
1 Design, and Rehabilitation 2.95 CS/Works
SC (buildings under the SC in provinces) 1.30 CS/Works
MOJ (buildings under MOJ in provinces) 0.15 CS/Works
AGO (buildings under AGO in provinces) 1.50
2 Operating Investment Fund 1.50
Buildings SC 0.50 O&M Fund
Buildings MOJ 0.50 O&M Fund
Buildings AGO 0.50 O&M Fund
3 Design and Construction in Kabul 4.40
Design of complementary housing and training facility 0.30 CS
Design of MOJ Headquarters 0.40 CS
Design and Construction of AGO Building 3.00 CS/Works
Design of SC Building 0.70 CS
4 Vehicles 5.80 Goods
Vehicles SC 2.00
Vehicles MOJ 0.70
Vehicles AGO 2.00
Operating Cost of new vehicles 1.10 O&M
5 Equipment and Furniture 1.30 Goods
6 Investment Plan and Facility Standards 0.95
Staff and support cost 0.15 CS

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 101


Design standards for Courts 0.20 CS
Design Provincial Centers 0.20 CS
Infra Investment Sector Plan 0.40 CS
A ICT Technology 1.450 CS / Goods

Table 3: Project Cost for Component 2 by Expenditure Category


Amount in million
Component 2: Expenditure Category
USD

Empowering the People 2.400

1 Legal Aid 1.800


Establishing/Equipping MOJ & regional offices 0.685 CS/Goods/Work
Designing Policies and Regulations 0.200 CS
Training 0.015 CS
Legal Fund 1.000 Fund
2 Legal Awareness Campaign 0.600 TA/Goods

Table 4: Project Cost for Component 3 by Expenditure Category


Expenditure
Component 3: Amount in million
Category
Strengthening Implementation Capacity 1.750
Program Oversight Committee 0.050

Program Support Unit (PSU) 1.298

Director 0.070 CS
Coordinator and M& Expert 0.060
Senior Staff (4) 0.272 CS

102 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Junior Staff (3) 0.097 CS
International/regional Consultants (2) 0.800 CS

Project Unit (PU) in SC, MOJ and AGO 0.130

Project Assistants/Coordinators 0.130 CS


Project Support Facility 0.272
Car (2) 0.060 GOODS
Office Rent for project duration 0.094 O&M
Operating cost 0.048 O&M
Equipment 0.050 GOODS
Furniture and supplies 0.020 GOODS

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 103


 
ANNEX 4  

A.  Implementation  Arrangements                             


Arrangements  Figure 2: PSU Interaction with PUs
The project is estimated to require 30 months
for implementation, including the estimated
six months needed for closing the contracts.

1.  Institutional  
Figure 1: Implementation Arrangements

 
2.  Timeline for Initial Implementation Steps 
A. Component  A  ­  Strengthening  Capacity  of  Legal  Institutions  to  Deliver  Legal 
Services 
Milestone Date (timeframe)
Purchase Emergency ICT Packages June 15, 2008
Process small works procurement packages for SC and AGO August 1, 2008
Process small works procurement packages for SC and AGO September 1, 2008
Procure Equipment for SC, MOJ and AGO (multiple packages) June 1, 2008
Purchase Vehicles through authorized agency July 15, 2008
Assessment “Printing in-house vs outsourcing of print work” August 15, 2008
ICT Assessments procured (for MOJ, SC and AGO) September 15, 2008
Procurement of larger CS contracts (management and HR issues) September to December, 2008
Updating procurement plan October 2008
Closing of contracts 30 months after effectiveness

B. Component B ­ Empowering the Poor 
Milestone Date (timeframe)
Establishment of MOJ and regional offices August 1 2008
Purchase Equipment for Offices September 2008

104 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Designing Policies and regulations October 1, 2008
Staff training October 1, 2008

C. Component C ­ Strengthening Implementation Capacity 
Milestone Date (or timeframe)
Establishment of Oversight Committee April 2008
Hiring of Project Director for PSU May 2008
Establish PSU Office May 15, 2008
Hiring of Project Support Staff June 1, 2008
Hiring of Int. Consultant(s) Jun 1, 2008
PSU fully operational June 1, 2008
Start procurement process for project implementation (see procurement
June 1. 2008
plan; first three months)
Procurement of larger CS contracts September 15, 2008
Updating procurement plan October 2008
Closing of contracts 30 months after effectiveness
*For further details see the initial procurement plan

scrutiny and audit. Afghanistan’s ratings


ANNEX 5 against the PFM performance indicators
generally portray a public sector where
A.  Financial Management   financial resources are, by and large, being
used for their intended purposes. This has
1.  Country Issues  been accomplished with very high levels of
The World Bank (Bank) has gained substantial support from international firms; this
experience and understanding of the financial assistance will continue to be needed over the
management environment in Afghanistan medium term if these ratings are to be
through the large number of projects under maintained. There is also much room for
implementation over the past four years. The improvement.
Public Administration Capacity Building
Project (PACBP) is the primary instrument to In spite of undeniable progress the policy
continue and enhance the fiduciary measures framework benchmarks have not yet been
put in place during the past years to help fully costed so various priorities are funded
ensure transparency and accountability for the through the annual budgeting process. The
funding provided by the Bank and other rising costs of the security sector constitute the
donors. major constraint on attainment of fiscal
sustainability. With regard to executive
A Public Finance Management (PFM) oversight, the national assembly will play an
performance rating system using 28 high-level increasingly active role. All in all, the new
indicators that was developed by the Public national strategy has created high expectations
Expenditure and Financial Accountability of the executive which could prove to be quite
(PEFA) multi-agency partnership program difficult to meet.
was applied in Afghanistan in June 2005.
PEFA is comprised of the Bank, IMF, EC, and The public sector, in spite of considerable
several other agencies. The system is efforts to reform its core functions, remains
structured around six core dimensions of PFM extremely weak outside of Kabul. The lack of
performance: i) budget credibility, ii) qualified staff in the civil service and the
comprehensiveness and transparency, iii) absence of qualified counterparts in the
policy-based budgeting, iv) predictability and government after 30 years of war and conflicts
control in budget execution, v) accounting, is a binding constraint. Delays in reforming
recording, and reporting, and vi) external the pay structure and grading of civil servants
have crippled the public administration of the

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 105


country. Domestic revenues lag behind Progress has been slower than expected in
expenditures by a factor of ten to one. Large- shifting from operations support provided by
scale corruption could emerge to undermine the three Advisors to capacity development
the government’s efforts to enhance aid flows and knowledge transfer to the civil servants.
through national accounts. Capacities to track Given that, is expected that the Advisors will
expenditures and monitor expenditure continue to be required for the medium term.
outcomes have improved, but they need rapid
Challenges still remain in attaining the agreed
and substantial strengthening if progress
upon fiduciary standards and also to further
toward the attainment of national
development targets is to be monitored. enhance them.
Currently, 75% of external revenues bypass
government appropriation systems. And to make matters more complex, the
regulatory environment in Afghanistan has
The Bank is financing a Financial Management advanced significantly in the past three years.
Advisor to assist the Ministry of Finance Unfortunately, even mastery of basic skills in
(MoF), an Audit Advisor to assist the Control the early environment does not fully qualify
and Audit Office, and a Procurement Advisor the civil servants to work effectively in the
to assist in Procurement-related activities. Also new emerging environment.
an Internal Audit function is being developed
within the MoF with Bank financing. USAID, 2.  Risk  Assessment  and 
and earlier the Indian Aid Assistance
Mitigation  
Program, is financing a team of consultants
and advisors to assist the Da Afghanistan The table below identifies the key risks that
Bank in local as well as foreign currency the project may face and indicates how these
operations. The activities carried out under the risks are to be addressed.
existing Public Administration projects have
helped the GoA to ensure that appropriate The overall financial management risk rating
fiduciary standards are maintained for public is “High” but the residual risk rating after
expenditures, including those supported by application of the mitigating measures is
the Bank and the donor community.
“Substantial”.

106 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Risk Residual  Condition of Negotiations 
Risk Risk Mitigation Measures 
Rating Risk  Board or Effectiveness (Y/N) 
Country Inherent Risk M Source - PFM study M N
Minimize use of Designated Account and maximize direct payments to consultants, and
Project Financial Management Risk H contractors. Financial management and procurement functions to be performed by PSU S N
with qualified staff
Government commitment, internal controls and new internal audit will help to reduce the
Perceived Corruption H S N
high level of perceived corruption
Overall Inherent Risk H S
Control Risk 
Oversight functions to be performed by a POC comprised of the Chief Justice,, Minister of
Justice, Attorney General, and Minister of Finance. The PSU will handle financial
management functions in addition to other relevant functions. This unit will be staffed by
international and national consultants. PSU will also be responsible for overall control and
N
1. Weak Implementing Entity S coordination with the implementing entities. M
As an interim measure until the PSU is established and staffed,MoE will assist by handling
the initial project activities. To facilitate this, there will be a MoU between MoE, MoF and
the implementing entities. MoE’s FM arrangements were assessed by the Bank for this
purpose and were found to be satisfactory.
Payments will be made to contractors, consultants, and suppliers from the DA by SDU-MoF.
In addition to payments out of DA funds, the implementing entities can also request the SDU
to make i) direct payments from the Grant Account to contractors, consultants or consulting
2. Funds Flow S M N
firms, and ii) special commitments for contracts covered by letters of credit. These payments
would only be made by SDU after due processes and proper authorization from the
respective component implementing entities.
Ensure that project funds are allocated in the annual government development budget.
The implementing entities are responsible for the preparation of annual work plans and the
derivation of annual budget there from for the specific components to be implemented by
3. Budgeting S them. The PSU will coordinate with the focal points in the implementing entities to facilitate M N
this process and to consolidate the overall budget for the project. A Budget Committee
comprised of representatives from the PSU and the implementing entities will coordinate the
budget process. This Committee will report to the POC. The composition of the Budget
Committee will be detailed in the FM Manual.
Will follow international standards. Project accounting procedures and details of the FM N
4. Accounting Policies and Procedures S arrangements will be documented in an FM Manual to be prepared by the PSU and approved M
by the Bank
The internal audit units of the respective implementing entities and the MoF internal audit
5. Internal Audit H S N
department will review project internal control systems

107 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


6. External Audit H Will be audited by CAO with support from Audit Advisor S N
Strengthening the SDU is a priority under the FM Advisor contract, to provide information
that will comply with agreed format of financial reports. This will be facilitated by the excel-
7. Reporting and Monitoring H S N
based accounting system that will be utilized by the PSU to maintain records and generate
required reports.
Overall Control Risk  H S
Adequate accounting, recording, and oversight will be provided in project procedures.
Detection Risk  S Accounting/Recording/oversight by SDU – MoF of all advances/M-16 supported by M N
Financial Management Advisor.
Overall Fm Risk Rating  H S
Risk rating: H=high risk; S=substantial risk; M=modest risk; L-low risk

108 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


arrangements have been put into place to fast
3.  Strengths and Weaknesses  
track this project and to enable a smooth
A. Strengths  transition to the PSU.
The GoA provides assurance to the Bank and
other donors that the measures in place to
B. Weaknesses and Action Plan 
ensure appropriate utilization of funds will The main weakness in this project, as in many
not be circumvented. The GoA strongly others in Afghanistan, is the ability to attract
supports reforms through the Public suitably qualified and experienced counterpart
Administration Capacity Building Project to staff especially for Financial Management. The
enhance financial management in Treasury establishment of the PSU and the staffing of
operations, public procurement, internal audit the PSU with consultants to be funded by the
in the public sector, and external audit by the project are expected to strengthen the
Auditor General. Suitable interim fiduciary arrangements.

4.  Action Plan – To be reviewed at ‘Initial Supervision’ 

Significant Responsible
Action Completion Date
Weaknesses Agent

Shortage of qualified MoE to handle the initial project activities till the MoF, MoE, Within three months
and experienced FM staff establishment of the PSU. To facilitate this MoJ, SC and of project
arrangement, there will be an MoU between MoE, AGO effectiveness
MoF and the implementing entities
Establishment of PSU and staffing of the unit with MoJ, SC and
consultants AGO
Project internal controls Financial Management Manual developed, PSU Within three months
and procedures need to reviewed, and approved by the Bank after the
be defined establishment of
PSU
Interim reports need to Sample pro forma report formats will be provided at IDA/MOF/PSU Negotiations
include required negotiations
information
Un-audited interim financial report formats for the After PSU is
project confirmed established

109 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


local authorities, donors, financing agencies
5.  Implementing Entities   
representatives, and other experts would be
The project will be implemented by three invited to attend the POC meetings as
entities: the SC, MoJ, and AGO. A Project required. The POC will meet regularly, at least
Support Unit (PSU) will be established to once per quarter and on an ad hoc basis when
coordinate and supervise the implementation required.
of the project and perform the key financial
management and procurement functions. B. Project  coordination  and 
There will be a Project Unit (PU) in each of the monitoring 
three implementing entities; the PSU and three
The PSU has the responsibility for overall
PUs will work closely with each other to carry
out the project activities. The respective PUs project implementation, coordination, and
will coordinate with the relevant departments monitoring. The PSU will work closely with
within the implementing entities as necessary the PUs in the respective implementing
to facilitate the day-to-day operations between entities to facilitate this function. The PSU will
the PSU and the entities. report to the Project Oversight Committee on
the consolidated progress of the project. The
The PSU will be staffed with qualified and PSU is also responsible for: (a) assuring steady
experienced financial management staff to
progress of execution in accordance to an
carry out day-to-day financial management
implementation schedule reviewed and
operations of the project including preparation
of: M-16 forms (payment orders), project approved by the World Bank, (b) reporting
coding sheets, and B27 allotment forms as well regularly to the POC, (c) ensuring adequate
as overall contract and project management. and smooth transfer of skills to the national
Detailed working relationships between the staff, and (d) ensuring that transparency and
PSU, the PUs, and implementing entities, FM high ethical standards are maintained
reporting requirements, staffing, systems, throughout the process.
internal control procedures, and other
financial management arrangements will be C. Budgeting 
included in the Financial Management Manual
(FMM). A budget committee will be appointed to
coordinate preparation of the annual work
Until the PSU is established and appropriately plan and formulation of the annual project
staffed, the project will use the services of the budget. This committee will be comprised of
Ministry of Economy (MoE) to carry out the representatives from the PSU and the
initial activities under an interim arrangement. implementing entities, and shall report to the
The Bank has assessed the financial POC. The Budget Committee shall also
management capacity of MoE for this purpose
coordinate quarterly budget reviews to ensure
and found it to be satisfactory. To formalize
adequate budget discipline and control. The
this arrangement, there will be an MoU
between MoE, MoF, SC, MoJ,, and AGO. An committee will be responsible for ensuring
financial management assessment of the that project expenditures for each fiscal year
updated implementation arrangements will be are captured in the Governmental
carried out after the PSU is fully established. Development budget of that fiscal year. The
Additional financial management procedures budgeting process and the key role of periodic
and controls may be warranted at that time. budget reviews will also be detailed in the
FMM.
A. Project oversight  
A Project Oversight Committee (POC) chaired D. Funds Flow 
by the Chief Justice, and including the The standard funds flow mechanism in
Minister of Justice, the Attorney General, and
Afghanistan will be followed in this project.
the Minister of Finance will be responsible for
Project funds will be deposited in the
overall policy, strategic planning and project
oversight and also for integration with other Designated Account (DA) to be opened and
justice sector programs. Observers such as maintained at the Da Afghanistan Bank (DaB)

110 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


or in a local commercial bank, if approved. E.  Legal requirements for authorized 
The DA, in keeping with current practices for signature 
other projects in Afghanistan, will be operated MoF has authorization to disburse funds from
by the Special Disbursement Unit (SDU) in the the Grant. Specimen signatures of authorized
Treasury Department of MoF. signatories in MoF will be submitted to the
Bank prior to commencing disbursements.
Requests for payments from the DA will be
made to the SDU by the project when needed, F. Accounting  
and after due approval from the head of the The SDU will maintain a proper accounting
respective component implementing entity. system of all expenditures incurred along with
supporting documents to enable IDA to verify
In addition to payments out of DA funds, the these expenditures. The FM staff of the PSU
project can also request the SDU to make i) will: i) supervise preparation of supporting
direct payments from the Grant Account to documents for expenditures, ii) prepare
consultants, consulting firms or suppliers, and payment orders (Form M16), iii) obtain
ii) special commitments for contracts covered approval for M-16s from the relevant authority
by letters of credit. These payments will follow depending on the payment amount, and iv)
World Bank procedures. submit them to the Treasury Department in
MoF for verification and payment. Whilst
original copies of required supporting
All project payments will be made to either
documents are attached to the Form M16, the
international firms or local firms that have
project is required to make and keep
bank accounts in DAB, a local commercial photocopies of these documents for records
bank, or an overseas bank. retention purposes. The FM Advisor in the
MoF/SDU will use the government's
All payments will be made either through computerized accounting system, AFMIS, for
bank transfers into the account of such firms reporting, generating relevant financial
or by check. Expenditures for each component statements, and exercising controls.The PSU
will be paid after relevant approvals from the FM staff will maintain essential project
component implementing entity and in transaction records using accounting
accordance with the approval mechanisms system/Excel spreadsheets and generate
required monthly, quarterly, and annual
documented in the project FMM.
reports.

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 111


The FM Manual, to be prepared by the PSU H. External Audit 
within three months of establishment, and to
The project accounts will be audited by the
be approved by the Bank, will include: i) roles
Auditor General, with the support of the
and responsibilities for all FM staff, ii)
Audit Advisor, with terms of reference
documentation and approval procedures for
satisfactory to the Association. The audit of
payments, iii) project reporting requirements,
project accounts will include an assessment of
and iv) quality assurance measures to help
the: (a) adequacy of the accounting and
ensure that adequate internal controls and
internal control systems; (b) ability to maintain
procedures are in place and are being
adequate documentation for transactions; and
followed.
(c) eligibility of incurred expenditures for
Association financing. The audited annual
The FM Manual will also establish project
project financial statements will be submitted
financial management in accordance with
within six months of the close of fiscal year.
standard Afghan government policies and
All agencies involved in implementation and
procedures including use of the government
maintaining records of expenditures would
Chart of Accounts to record project
need to retain these as per the IDA records
expenditures. The use of these procedures will
retention policy.
enable adequate and timely recording and
reporting of project expenditures. Overall
The following audit reports will be monitored
project accounts will be maintained centrally
each year in the Audit Reports Compliance
in SDU, which will be ultimately responsible
System (ARCS):
for recording all project expenditures and
receipts in the Government’s accounting
system. Reconciliation of project expenditure Responsible
records with MoF records will be carried out Audit Auditors Date
Agency
monthly by the PSU. MoF,
SOE, Project
supported by
Accounts and Auditor Sep
G. Internal  Control  &  Internal  Special
Designated General 22
Auditing  Disbursement
Account
Unit
The PSU will be responsible for coordinating
FM activities for the project with the SDU.
Project–specific internal control procedures for
I. Financial Reporting   
requests and approval of funds will be Financial Statements and Project Reports will
described in the FM Manual including be used for project monitoring and
segregation of duties, documentation reviews, supervision. Based upon the financial
physical asset control, asset verification, and management arrangements of this project,
Financial Statements and Project Reports will
cash handling and management.
be prepared monthly, quarterly, and annually
by the PSU. These reports will be produced
Annual project financial statements will be
based on records from three sources: i) PSU’s
prepared by SDU/MoF detailing activities
accounting system ii) expenditure statements
pertaining to the project as separate line items
from SDU (as recorded in AFMIS) and
with adequate details to reflect the details of
reconciled with the PSU, and iii) bank
expenditures within each component.
statements from DAB.
The project financial management systems will
The quarterly Project Reports will show: (i)
be subject to review by the internal audit sources and uses of funds by project
departments of the three implementing component, and (ii) expenditures consolidated
entities and the internal audit directorate of and compared to governmental budget heads
the MoF, according to programs to be of accounts. The project will forward the
determined by the Director of Internal Audit relevant details to SDU/DBER with a copy to
using a risk-based approach. The Bank also IDA within 45 days of the end of each quarter.
reserves the right to conduct an external The government and IDA have agreed on a
review of the project activities and financial pro forma report format for all Bank projects; a
final customized format for JSRP reports will
flows.
112 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
be provided after project effectiveness. The Table 2: Estimated Co-financing (US$ million)
annual project accounts to be prepared by
IDA ARTF JSDF Beneficiaries Total
SDU from AFMIS after due reconciliation to
records maintained at the PSU, will form part XX
of the consolidated Afghanistan Government Summary Reports. Summary reports in the
Accounts for all development projects. This is form of Statements of Expenditure will be
done centrally in the MoF Treasury used for expenditures on contracts above
Department, supported by the Financial US$20,000; all training programs and
Management Advisor. operating costs.

J. Disbursement Arrangements    Designated Account. A single designated


Disbursements procedures will follow the account will be opened at DAB in US dollars
Bank procedures described in the World Bank for a maximum amount of US$ 400,000 . The
Disbursement Guidelines and the Disbursement SDU in MOF will manage payments from and
Handbook for World Bank Clients (May 2006) and new advances/replenishments to this account.
allow for use of advances, reimbursements, The designated account will be replenished on
direct payments and Special a monthly basis.
Commitments.Table 1 shows the allocation of
IDA proceeds in a single, simplified Direct Payments. Third-party payments
expenditure category and Table 2 presents the (direct) and Special Commitments will be
expected co-financing. The single category for permitted for amounts exceeding US$ 80,000.
“goods, works, consultancy services, training All such payments require supporting
and operating costs” is defined in the documentation in the form of records (copies
financing agreement to facilitate preparation of invoices, bills, purchase orders, etc.).
of withdrawal applications and record-
keeping. The final disbursement deadline will Preparation of Withdrawal Applications.
be four months after the closing date.During PSU will prepare Summary Reports and
this additional 4-month grace period, project- forward those reports to the SDU for further
related expenditures incurred prior to the processing as a reimbursement application.
closing date are eligible for disbursement. The SDU will review withdrawal applications
There are no disbursement conditions. There for quality and conformity to Treasury
is no provision for retroactive financing.Table procedures, and then obtain signature.
1: IDA Financing by Category of Expenditure Selected PSU and SDU finance staff will be
(US$ million) registered as users of the World Bank Web-
based Client Connection system, and take an
Amount of active hand in managing the flow of
Expenditure Financing disbursements.
the Grant
Category Percentage
Allocations
Financial Management Covenants
Goods, works,
consultants’
services, training, 100 % ƒ MoF shall submit audited financial
and Incremental statements for the project within six
Operating Costs21 months of the end of each fiscal year. The
Total - Project’s audit report will cover the
financial statements, the Designated
Account, and SOEs, in accordance with
terms of reference agreed with the
21
Incremental Operating Costs refers to project-related Association.
incremental expenses incurred on account of project
implementation support and management including the ƒ Un-audited project interim financial
rental of office space; the operation, maintenance, reports will be submitted by PSU on a
rental and insurance of vehicles; fuel; communications quarterly basis to the World Bank and a
supplies and charges; advertisements; books and copy to SDU-MoF within 45 days after the
periodicals; office administration and maintenance
costs; bank transaction charges; utility charges;
end of each quarter.
domestic travel and per diem but excluding salaries of
officials and staff of the Recipient's civil service.

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 113


Special Financial Management Public Administration Project (EPAP) as well
Covenant as with the institutions such as Afghanistan
Reconstruction and Development Services
ƒ The implementing entities will ensure that (ARDS) that is holding the current
key FM staff of the PSU is retained responsibility for government’s procurement
throughout the duration of the project in administration. As part of the broader review
order to ensure smooth project of Afghanistan’s Public Finance Management
implementation. (PFM) system, the Bank recently carried out an
Regular Supervision Plan. During project assessment of the procurement environment
implementation, the Bank will supervise the in the country based on the baseline and
project’s financial management arrangements. performance indicators developed by a group
The team will: of institutions led by the Bank and
Organization for Economic Co-operation and
ƒ Review the project’s quarterly un-audited Development (OECD)/Development
interim financial reports as well as the Assistance Committee (DAC).
project’s annual audited financial
statements and auditor’s management The first key issue identified through the
letter. procurement assessment was the need for
ownership and a champion in the GoA for
ƒ Review the project’s financial procurement reform, deepening of capacity,
management and disbursement ensuring integrity in the operation of
arrangements (including a review of a procurement systems, and promoting sound
sample of SOEs and movements on the procurement among ministries. A new
Designated Account and bank Procurement Law has been adopted in
reconciliations) to ensure compliance with November 2005 which radically transforms
the Bank's minimum requirements. the legal and regulatory framework for the
ƒ Review agencies’ performance in procurement administration of Afghanistan.
managing project funds to ensure that it is While it provides a very modern legal
timely, accurate, and accountable. Review framework for procurement, effective
Internal Audit reports. Particular implementation of the law encounters
supervision emphasis will be placed on difficulties in the current weak institutional
asset management and supplies. structure and capacity of the Government. A
Procurement Policy Unit (PPU) has now been
ƒ Review of financial management risk established under Ministry of Finance (MoF)
rating, compliance with all covenants, and to ensure the implementation through the
follow up on the action plan. creation of secondary legislation, standard
K. Conclusion  bidding documents, provision of advice and
creation of the necessary information systems
The interim financial arrangements, including for advertising and data collection. “Rules of
the systems, processes, procedures, and Procedure for Public Procurement” which
staffing are adequate to support this project. details the better implementation of the
The updated implementation arrangements Procurement Law has been issued by MOF as
will be assessed after they are in place. circular number PPU/C005/1386 dated April,
12 2007. The Procurement Appeal and Review
ANNEX 6 mechanism is in place and the Manual of
Procedures for “Procurement Appeal and
Review” has been issued by MoF as circular
A.  Procurement  Arrangements 
number PPU/N001/1385 on March 18, 2007.
(Including Procurement Plan) 
In the absence of adequate capacity to manage
1.  Country Context  procurement activities effectively, some
The Bank has gained substantial experience interim arrangements have been put in place
and understanding of the procurement to improve the procurement management of
environment in Afghanistan through its the country. A central procurement
involvement in the interim procurement facilitation service, ARDS-PU has been
arrangements put in place through Emergency established under the supervision of Ministry
114 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
of Economy (MoE). The Bank and the GoA has Court, the MOJ and AGO. PSU will be staffed
agreed on a program for country wide by procurement and financial specialists to
procurement reform and capacity building, assist the implementing agencies
leading to the transition from centralized to
decentralized procurement services. The Bank Procurement administration of the project
funded Public Administration Capacity would be carried out in accordance with the
Building project (PACBP) and Public Financial World Bank’s “Guidelines: Procurement under
Management Reform Project (PFMRP) are the IBRD Loans and IDA Credits” dated May
primary instruments for implementing the 2004, “Guidelines: Selection and Employment
program to strengthen capacity of the line of Consultants by World Bank Borrowers”
ministries to manage public procurement in an dated May 2004, and the provisions stipulated
effective, transparent and accountable manner. in the Grant Agreement.
However, the implementation of the
procurement capacity building strategy has The general description of various
not made any significant progress yet due to procurements under different expenditure
lack of coordination and delays in decision categories are described below. For each
making within the Government. The contract to be financed by the Grant the
envisaged radical changes to the procurement different procurement methods or consultant
management environment expected from the selection methods, the need for
new Law also require the urgent prequalification, estimated costs, prior review
implementation of a comprehensive human requirements, and time frame are agreed
resources and capacity development program. between the Grant Recipient and the Bank
The implementation of the procurement project team are described in the Procurement
reform component of the PACBP and PFMRP Plan agreed with the Government at appraisal.
should be considered with due priority to This Procurement Plan will be updated at least
ensure that fiduciary standards are further annually or at lesser time intervals as required
enhanced and that capacity is developed in the to reflect the actual project implementation
Government to maintain these standards. needs and improvements in the institutional
capacity.
The Consultant has now been mobilized under
the PPU/MOF to carryout the capacity 3.  Procurement of Works 
Building which focuses on systematic training
of staff of ministries in public procurement. Works procured under this project, would
The assignment includes conduct of training include: (i) rehabilitation of court houses, and
programs to private sector. The consultant has office facilities; (ii) extension of training
completed the training needs assessment and facilities, including administrative offices and
the program for training of trainers has begun. dorm space; and (iii)
The first training program is planed to construction/rehabilitation/refurbishment of
commence on December 1, 2007 AGO office in Kabul. The procurement will be
done using the Bank’s Standard Bidding
2.  General   Documents (SBD) for all ICB and Afghanistan
specific SBD agreed with (or satisfactory to)
The proposed program covers assistance to the Bank. Threshold for ICB civil works will be
three key agencies Supreme Court (SC), equivalent or more than USD 5,000,000 per
Ministry of Justice (MOJ) and Attorney contract; threshold for NCB works will be less
General Office (AGO). The proposed than USD5,000,000 per contract and threshold
implementation structure will include a for Procurement through shopping will be
Program Oversight Committee equivalent or less than USD 100,000 per
(POC)composed of the Afghan Chief Justice, contract.
Minister of Justice,
4.  Procurement of Goods 
Attorney General and Minister of Finance.
Day to day management will be the Goods procured under this project would
responsibility of the Program Support Unit include: cars, office furniture and office and IT
(PSU) which will closely work with the equipment. The procurement will be done
directors of administration at the Supreme using Bank’s SBD for all ICB and Afghanistan

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 115


specific SBD agreed with (or satisfactory to) contract may be composed entirely of national
the Bank. Threshold for ICB will be equivalent consultants in accordance with the provisions
or more than USD 200,000 per contract and of paragraph 2.7 of the Consultant Guidelines.
threshold for NCB goods will be equivalent or
less than USD 200,000 per contract and The grant will finance several training
shopping threshold per contract will be USD activities in country and outside the country
100,000. for judges, MOJ staff and AGO staff. These
will include study visits and participation at
5.  Selection of Consultants  seminars etc.

Under the project both, firms & individual Operational Costs: which would be financed by
consultants will be hired to provide the project would be procured using the
consultancy services. implementing agency’s administrative
procedures which were reviewed and found
A. Technical  Assistance  to  be  acceptable to the Bank.
provided by Consultancy firms 
The Grant will finance: (i) HR reform for 6.  Assessment  of  the  Agency’s 
judges and prosecutors ( creation of Councils, Capacity to Implement Procurement 
review of HR policies, and evaluation of skills;
The Supreme SC, MOJ, and AGO will
(ii) PRR for administration staff of the SC and
implement the project with support of the PSU
AGO and pilot regional courts and offices;(iii)
which will be staffed by procurement and
building training management capacity in the
financial management specialists to assist the
SC, MoJ, and AGO; (iv) training for judges,
implementing agencies. The PSU will be
prosecutors and civil servants (v) support for
staffed by June 2008, including one
publication and dissemination of laws ; (vi)
procurement and one financial management
creation of libraries (in the courts, AGO
specialist. Until the PSU is established and
offices, the MOJ and its regional offices); (viii)
appropriately staffed, the project will use the
design of legal forms (AGO) ; (viii)
services of the Ministry of Economy (MoE) to
international conference; (ix) review of
carry out the initial activities under an interim
designs, designs and/or construction
arrangement. To formalize this arrangement,
supervision for rehabilitation and construction
there will be an MoU between MoE, MoF, SC,
of courthouses (including houses for judges)
MoJ, and AGO.
and office facilities; for the MoJ and AGO
regional offices (x) design of new headquarters
An assessment of the capacity of the
for SC; and MoJ (x) design, and construction
implementing agencies to implement
supervision of AGO’s headquarters in Kabul;
procurement actions for the project has been
(xi) ICT assessments for MoJ, and AGO; (xii)
carried out by Deepal Fernando Senior
network design and implementation fro MoJ,
Procurement Specialist and Rahimullah
SC, and AGO offices;; (xiii) creation of legal
Wardak Procurement Analyst in February,
aid offices; and legal awareness campaign in
2008. Below are the findings of the
one province.
assessments.
B. Technical  Assistance  to  be 
A. Procurement  Capacity  of  Supreme 
provided by individual consultants  
Court 
The Grant will finance: (i) Project Director, (ii)
The assessment reviewed the organizational
Procurement Specialist, (iii) Financial
structure of the implementing agency and the
Management Specialist, (iv) Program
interaction between the project’s staff
Coordinator and M&E Specialist, (v) Architect
responsible for procurement and the SC
& Engineer, (vi) ICT Specialist; (vii) HRM and
relevant central unit for administration and
Training Specialist; (vii) two Junior Assistants;
finance. The assessment reveals that the SC
(viii) 3 Project Coordinators for SC, AGO and
procurement staff is familiar and involved in
MOJ
small procurement of goods following
shopping procedure. The procurement staff
Short lists of consultants for services estimated
has limited experience in the procurement of
to cost less than $100,000 equivalent per
the high value goods, and civil works
116 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
following open tendering. The procurement As indicated above the procurement officers
staff is not familiar with Bank procurement working under the three implementing
Guidelines and has no experience hiring agencies has a very limited experience in
consultant services. The staff does not have procurement of high values of goods and
English skill as well to understand the bidding works and does not have any experience in
document and RFP to be used for hiring consultant services. The staff is not
procurement of high value of goods, civil familiar with the Bank procurement
works, and consultant contracts under the guidelines. Therefore, the overall project risk
project. for procurement is high.

B. Procurement  Capacity  of  Ministry  To mitigate the risk the following measure has
of Justice  been agreed with implementing agencies.
The assessment reviewed the organizational
ƒ To ensure compliance with the Bank
structure of the implementing agency and the
policy and procedure, procurement
interaction between the project’s staff
documentation for complex and large
responsible for procurement and the SC
value of goods, works and consultancy
relevant central unit for administration and
contracts will be carried out with
finance. The assessment reveals that the MoJ
consultation of the ARDS.
procurement staff is familiar and involved in
small procurement of goods following ƒ One Procurement Specialist will be hired
shopping procedure. The procurement staff to do the day-to-day management of
has limited experience in the procurement of procurement action and be contact person
the high value goods, and civil works among the three implementing agencies
following open tendering. The procurement and ARDS for procurement of high value
staff is not familiar with Bank procurement contracts and do small procurement of
Guidelines and has no experience hiring goods, works and consultant.
consultant services. The staff does not have ƒ The Bank procurement specialists will
English skill as well to understand the bidding provide short term training to the
document and RFP to be used for procurement staff of the three
procurement of high value of goods, civil implementing agencies to explain World
works, and consultant contracts under the Bank procurement and consultant
project. guidelines. Also the procurement staff will
be trained how to procure goods, works
C. Procurement  Capacity  of  Attorney  under Bank finance project following
General Office   shopping procedure.
The assessment reviewed the organizational ƒ In the long run the procurement specialist
structure of the implementing agency and the to be hired under the project will also train
interaction between the project’s staff the procurement staff of the three
responsible for procurement and the AGO implementing agencies in procurement of
relevant central unit for administration and goods, works and consultancy services
finance. The assessment reveals that the AGO following World Bank procurement and
procurement staff is familiar and involved in consultant guidelines.
small procurement of goods following
shopping procedure. The procurement staff 7.  Procurement Plan 
has limited experience in the procurement of
the high value goods, and civil works The Borrower, at appraisal, developed a
following open tendering. The procurement Procurement Plan for project implementation
staff is not familiar with Bank procurement which provides the basis for the procurement
Guidelines and has no experience hiring methods. This plan has been agreed between
consultant services. The staff does not have the Borrower and the Project Team on [date….]
English skill as well to understand the bidding and is available at [provide the office name and
document and RFP to be used for location] It will also be available in the
procurement of high value of goods, civil
Project’s database and in the Bank’s external
works, and consultant contracts under the
website. The Procurement Plan will be
project.
AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 117
updated in agreement with the Project Team visit the field to carry out post review of
annually or as required to reflect the actual procurement actions. As the overall project
project implementation needs and risk for procurement is high, therefore, the
improvements in institutional capacity. percentage of contracts to be post reviewed
will be 10%.
A. Frequency  of  Procurement 
Supervision  B. Procurement Audit  
In addition to the prior review and post
In addition to the prior review supervision to
review supervisions to be carried out from
be carried out from Bank offices, the capacity
Bank offices, an independent procurement
assessment of the Implementing Agency has audit will also take place during the project
recommended one supervision missions to life.

118 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


ATTACHMENT 1
A.  Details  of  the  Procurement  Arrangement  Involving  International 
Competition 
1.  Goods and Works and non consulting services. 
List of contract Packages which will be procured following ICB and Direct contracting:

List of contract Packages which will be procured following ICB and Direct Contracting:

1 2 3 4 5 6 7 8 9
Review Expected
Ref. Domestic
Contract Estimated Procurement by Bank Bid-
No. P-Q Preference Comments
(Description) Cost Method (Prior / Opening
(yes/no)
Post) Date
Vehicles for
G20/
SC, MOJ and 4,700,000 ICB/DC yes Yes Prior Jul 1, 2008
08
AGO
G
Books and
21/0 95,000 DC no no Prior Jul 1, 2008 SC
Journals
8
G
Books and Sep 1, Technical
26/0 80,000 DC no no prior
Journals 2008 literature
8
G
Books and Nov 1, Technical
27/0 80,000 DC no no prior
Journals 2008 literature
8
G
Books and Jan 1, Technical
28/0 85,000 DC no no prior
Journals 2008 literature
8

Works contracts estimated to cost equivalent USD 300, 000or more per contract, Goods
contracts estimated to cost equivalent USD 200,000 more per contract and all Direct
contracting will be subject to prior review by the Bank.

2.  Consulting Services. 
List of Consulting Assignments with short-list of international firms:

Review Expected
Ref. No. Description of Estimated
Selection by Bank Proposals
Assignment Cost in Comments
Method (Prior / Submission
USD
Post) Date
Firm specialized in
preparation of
ICT assessment for
CS 14/08 190,000 CQS Prior June 15, 2008 assessments and
Ministry of Justice
functional
specifications
Firm specialized in
September 15, preparation of
ICT assessment for 2008
CS 16/08 190,000 CQS Prior assessments and
AGO office
functional
specifications

Building design Design of


CS 17/08 work for SC 1,000,000 QCBS Prior August 1, 2008 complementary
housing for training
facility and design of
AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 119
new SC building
Design and AGO Building and
supervision of design review of
CS 19/08 380,000 QCBS Prior August 1, 2008
construction for existing building
AGO building (USD 80,000)
Human Resource
Management for
CS 20/08 Judges and 600,000 QCBS Prior Jun 1, 08 SC
development of HR
framework
PPR for Admin
CS 21/08 staff in Supreme 300,000 QCBS Prior June 15, 08 SC
Court
CS 22/08 Training for Judges 450,000 QCBS Prior Aug 1, 08 SC
Training for MOJ
CS 23/08 150,000 CQS Prior Jun 15, 08 MOJ
staff
Preparation of Law Preparation of law
CS 25/08 180,000 CQS Prior Nov 1, 08
Index index
AGO – preparation of
Standardization of standardized legal
CS 26/08 190,000 CQS Prior Sep 15, 2008
legal forms forms for AGO’s
operations
Training contract AGO
CS 27/08 180,000 CQS Prior Oct 1, 08
for AGO staff
Design and
supervision of Building and design
CS 28/08 construction for 550,000 QCBS Prior Dec 15, 2008 /review of existing
building for building
Ministry of Justice

Short lists composed entirely of national consultants: Short lists of consultants for services estimated
to cost less than $100,000 equivalent per contract may be composed entirely of national consultants in
accordance with the provisions of paragraph 2.7 of the Consultant Guidelines.

B.  Procurement Plan 
1.  Project Information 
Country: Afghanistan
Borrower: Islamic Republic of Afghanistan
Project Name: Justice Sector Reform Project
Grant No.: XXXXXX
Project Implementing Agency: (i) Supreme Court, (ii) Ministry of Justice, and (iii) Attorney General’s
Office

Bank’s Approval Date of the Procurement Plan Original

Date of General Procurement Notice: March 2, 2008

Period Covered by this Procurement Plan: March 08 – February 2009 (12 months)

Goods and Works and Non-Consulting Services

Prior Review Threshold: Procurement Decisions subject to Prior Review by the Bank as stated in
Appendix 1 to the Guidelines for Procurement: [Thresholds for applicable procurement methods (not

120 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


limited to the list below) will be determined by the Procurement Specialist /Procurement Accredited
Staff based on the assessment of the implementing agency’s capacity.]

Procurement Method Prior Review Threshold Comment


1. Civil Works USD 300,000 First three contracts following NCB
2. Goods USD 200,000 First three contracts following NCB
3. Direct Contracting All Regardless of value

Procurement Method Threshold for Methods Comment


1. ICB Civil Works USD5,000,000 Equivalent or more
2. NCB Civil Works USD5,000,000 Equivalent or less
3. ICB Goods USD200,000 Equivalent or more
4. NCB Goods USD200,000 Equivalent or less
5. Shopping Goods USD100,000 Equivalent or less

Prequalification. Bidders for NIL shall be pre-qualified in accordance with the provisions of
paragraphs 2.9 and 2.10 of the Guidelines.

Reference to (if any) Project Operational Manual

Any Other Special Procurement Arrangements

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 121


C.  curement Packages with Methods and Time Schedule 
Procurement Packages with Methods and Time Schedule

[List the Packages which require Bank’s prior review first and then the other packages]

Domestic Review Expected


Estimated Procurement Prequalifi-
Ref. No. Contract (Description) Preference by Bank Bid-Opening Comments
Cost Method cation (yes/no)
(yes/no) (Prior / Post) Date

WORKS
Rehabilitation of facility Comp 1: Site selection based on
W 1/08 100,000 NCB no no Post August 1, 2008
with small extension priority needs tbd -- SC
Rehabilitation of facility Comp 1: Site selection based on
W 2/08 100,000 NCB no no Post August 1, 2008
with small extension priority needs tbd -- SC
Rehabilitation of facility Comp 1: Site selection based on
W 3/08 100,000 NCB no no Post August 1, 2008
with small extension priority needs tbd -- SC
Rehabilitation of facility Comp 1: Site selection based on
W 4/08 50,000 NCB no no Post Sept 1, 2008
with small extension priority needs tbd -- SC
Rehabilitation of facility Comp 1: Site selection based on
W 5/08 50,000 NCB no no Post Sept 1, 2008
with small extension priority needs tbd -- SC
Rehabilitation of facility Comp 1: Site selection based on
W 6/08 100,000 NCB no no Post August 1, 2008
with small extension priority needs tbd – AGO
Rehabilitation of facility Comp 1: site selection based on
W 7/08 100,000 NCB no no Post August 1, 2008
with small extension priority needs tbd – AGO

Rehabilitation of facility Comp 1: Site selection based on


W 8/08 100,000 NCB no no Post August 1, 2008
with small extension priority needs tbd -- AGO

GOODS
Equipment for PSU no
G 1/08 50,000 Shopping no no June 1, 2008 Comp 3
Office
G 2/08 Furniture for PSU 15,000 Shopping no no no June 1, 2008 Comp 3
G 3/08 Equipment for SC 95,000 Shopping no no no June 1, 2008 Comp 1
G 4/08 Equipment for SC 20,000 Shopping no no no September1, 2008 Comp 1

122 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Domestic Review Expected
Estimated Procurement Prequalifi-
Ref. No. Contract (Description) Preference by Bank Bid-Opening Comments
Cost Method cation (yes/no)
(yes/no) (Prior / Post) Date
G 5/08 Equipment for SC 90,000 Shopping no no no Dec 1, 2008 Comp 1
G 6/08 Equipment for SC 90,000 Shopping no no no Feb 1, 2009 Comp 1
Computer Equipment for
G7/08 95,000 Shopping no no no Aug 1, 2009 Comp 1 – emergency hardware
SC
G8/08 Equipment for SC 80,000 Shopping no no no May 1, 2008 Comp 1
Equipment and Furniture
G 9/08 95,000 Shopping no no no June 1, 2008 Comp 1
for MOJ
Equipment and Furniture
G10/08 80,000 Shopping no no no Aug, 2008 Comp 1
for MOJ
G 11/08 Equipment for MOJ 90,000 Shopping no no no Nov 1, 2008 Comp 1
G 12/08 Equipment for MOJ 80,000 Shopping no no no Feb 1, 2009 Comp 1
Computer Equipment for
G 13/08 95,000 Shopping no no no Jun 1, 2009 Comp 1 – emergency hardware
MOJ
Network Equipment for Equipment list based on network
G14/08 70,000 Shopping no no no Nov 1, 2009
MOJ design for MOJ
Equipment and Furniture
G15/08 80,000 Shopping no no no Aug, 2008 Comp 1
for AGO
G 16/08 Equipment for AGO 90,000 Shopping no no no Nov 1, 2008 Comp 1
G 17/08 Equipment for AGO 90,000 Shopping no no no Feb 1, 2009 Comp 1
Computer Equipment for
G 18/08 90,000 Shopping no no no Jun 1, 2009 Comp 1 – emergency hardware
AGO

Network Equipment for Equipment list based on network


G19/08 65,000 Shopping no no no Nov 1, 2009
AGO design for MOJ

Comp 1 –procure- ment through


IAPSO (if double cab vehicles
Vehicles for SC, MOJ
G20/08 4,700,000 ICB/DC yes no yes Jul 1, 2008 included contract will be split
and AGO
and these double cabs will be
procured through ICB)

AFGHANSITAN JUSTICE SECTORL REFORM PROJECT 123


Domestic Review Expected
Estimated Procurement Prequalifi-
Ref. No. Contract (Description) Preference by Bank Bid-Opening Comments
Cost Method cation (yes/no)
(yes/no) (Prior / Post) Date

G 21/08 Books and Journals 95,000 DC no no no Jul 1, 2008 SC


G 22/08 Library furniture 50,000 Shopping no no no Jul 1, 08 SC
G 23/08 Library equipment 90,000 Shopping no no post Jul 15, 08 MOJ
G 24/08 Library furniture 90,000 Shopping no no post Jul 15, 08 MOJ, central lib
G25/08 Library furniture 85,000 Shopping no no post Nov 15, 2008 4 small libraries
G 26/08 Books and Journals 80,000 DC no no post Sep 1, 2008 Technical literature
G 27/08 Books and Journals 80,000 DC no no post Nov 1, 2008 Technical literature
G 28/08 Books and Journals 85,000 DC no no post Jan 1, 2008 Technical literature
Printing of state Gazette incl.
G29/08 Printing of State Gazette 500,000 NCB/Shopping no no post Oct 15, 08
proof reading

124 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


III. Selection of Consultants

Prior Review Threshold: Selection decisions subject to Prior Review by Bank as stated in Appendix 1 to the Guidelines Selection and Employment of Consultants:

Selection Method Prior Review Threshold Comment


1. Competitive Methods (Firms) USD 100,000 Equivalent or more
2. Individual Consultant USD 50,000 Equivalent or more
3. Single Source (Firms and Individual) All Regardless of value

Selection Method Threshold for Methods USD Comment


1. CQS 200,000 equivalent or less

Short List Composed Entirely of National Consultants: Short list of consultants for services, estimated to cost less than $100,000 equivalent per contract, may be composed
entirely of national consultants in accordance with the provisions of paragraph 2.7 of the Consultant Guidelines.
Any Other Special Selection Arrangements: [including advance procurement and retroactive financing, if applicable] NA
Consultancy Assignments with Selection Methods and Time Schedule

Selection Review by Bank Expected Proposals Comments


Ref. No. Description of Assignment Estimated
Method (Prior /Post) Submission Date

Individual Consultants
CS 1/08 Project Director 70,000 IC Post April 15, 08 for two years
CS 2/08 Project Coordinator 60,000 IC Post April 15, 08 for two years
CS 3/08 Procurement Specialist 48,000 IC Post April 15, 08 for two years
CS 4/08 Financial Mgmt Specialist 48,000 IC Post May 1, 2008 for two years
CS 5/08 International Expert 100,000 IC Prior May 15, 2008 for two years
CS 6/08 Legal Advisor 48,000 IC Post June 1, 2008 for two years
CS 7/08 Junior Expert for PSU 32,300 IC Post June 1, 2008 for two years
CS 8/08 Junior Expert for PSU 32,000 IC Post June 1, 2008 for two years
CS 9/08 Junior Expert for PSU 32,000 IC Post June 1, 2008 for two years

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 125


Selection Review by Bank Expected Proposals Comments
Ref. No. Description of Assignment Estimated
Method (Prior /Post) Submission Date

Liaison between MOJ, SC, AGO and


CS 10/08 PU Coordinator (MOJ 25,000 IC Post Jun15, 2008
the PSU office
Liaison between MOJ, SC, AGO and
CS 11/08 PU Coordinator SC 25,000 IC Post Jun 15, 2008
the PSU office
Liaison between MOJ, SC, AGO and
CS 12/08 PU Coordinator AGO 25,000 IC Post June 15, 2008
the PSU office
Assessment “Printing in-house vs. outsourcing Rapid assessment to determine the best
CS 13/08 50,000 IC Prior Aug 15, 08
of print work” solution for printing the state gazette
Consulting Firm
Firm specialized in preparation of
CS 14/08 ICT assessment for Ministry of Justice 190,000 CQS Prior June 15, 2008 assessments and functional
specifications
Local firm for network design and
Network design and implementation services for
CS 15/08 170,000 CQS Prior August 20, 2008 physical installation of cables in MOJ
MOJ and AGO office
and AGO building

September 15, 2008 Firm specialized in preparation of


CS 16/08 ICT assessment for AGO office 190,000 CQS Prior assessments and functional
specifications

September 15, 2008 Firm specialized in preparation of


CS 17/08 ICT assessment for SC 190,000 CQS Prior assessments and functional
specifications

Building design work for SC Design of complementary housing for


CS 18/08 1,000,000 QCBS Prior August 1, 2008 training facility and design of new SC
building
Review of court building design for 8 buildings
CS 19/08 90,000 CQS Post June 15, 08 SC and AGO
and limited supervision
Design and supervision of construction for AGO Building and design review of
CS 20/08 380,000 QCBS Prior August 1, 2008
AGO building existing building (USD 80,000)
Human Resource Management for Judges and
CS 21/08 600,000 QCBS Prior Jun 1, 08 SC
development of HR framework
CS 22/08 PPR for Admin staff in Supreme Court 300,000 QCBS Prior June 15, 08 SC
CS 23/08 Training for Judges 450,000 QCBS Prior Aug 1, 08 SC
CS 24/08 Training for MOJ staff 150,000 CQS Prior Jun 15, 08 MOJ
MOJ and AGO -- Training for librarians
CS 25/08 Library staff training 70,000 CQS Post Sept 15, 08
30

126 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Selection Review by Bank Expected Proposals Comments
Ref. No. Description of Assignment Estimated
Method (Prior /Post) Submission Date

CS 26/08 Preparation of Law Index 180,000 CQS Prior Nov 1, 08 Preparation of law index
AGO – preparation of standardized
CS 27/08 Standardization of legal forms 190,000 CQS Prior Sep 15, 2008
legal forms for AGO’s operations
AGO
CS 28/08 Training contract for AGO staff 180,000 CQS Prior Oct 1, 08

Design and supervision of construction for Building and design /review of existing
CS 29/08 550,000 QCBS Prior Dec 15, 2008
building for Ministry of Justice building

IV. Implementing Agency Capacity Building Activities with Time Schedule

In this section the agreed Capacity Building Activities (some items could be from CPAR recommendation)

No.
Expected outcome /Activity Description Estimated Cost Estimated Duration Start Date Comments 
Training of the procurement staff of SC, MOJ and AGO in
As soon as the project
11 procurement of small value goods and works under shopping One days
is approved
procedure.

*National Competitive bidding procedures shall be subject to the following additional

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 127


Procedures: ƒ Bids shall not be rejected merely on the
ƒ Standard bidding documents approved by basis of a comparison with an official
IDA shall be used. estimate without the prior concurrence of
the Association.
ƒ Invitations to bid shall be advertised in at
least one (1) widely circulated national ƒ Split award or lottery in award of
daily newspaper and bidding documents
contracts shall not be carried out. When
shall be made available to prospective
bidders, at least twenty-eight (28) days two (2) or more bidders quote the same
prior to the deadline for the submission of price, an investigation shall be made to
bids. determine any evidence of collusion,
following which: (A) if collusion is
ƒ Bids shall not be invited on the basis of
percentage premium or discount over the determined, the parties involved shall be
estimated cost. disqualified and the award shall then be
made to the next lowest evaluated and
ƒ Bidding documents shall be made qualified bidder; and (B) if no evidence of
available, by mail or in person, to all who
collusion can be confirmed, then fresh bids
are willing to pay the required fee.
shall be invited after receiving the
ƒ Foreign bidders shall not be precluded concurrence of the IDA;
from bidding.
ƒ Contracts shall be awarded to the lowest
ƒ Qualification criteria (in case pre- evaluated bidders within the initial period
qualifications were not carried out) shall
of bid validity so that extensions are not
be stated on the bidding documents, and if
a registration process is required, a foreign necessary. Extension of bid validity may
firm determined to be the lowest be sought only under exceptional
evaluated bidder shall be given reasonable circumstances.
opportunity of registering, without any
hindrance. ƒ Extension of bid validity shall not be
allowed without the prior concurrence of
ƒ Bidders may deliver bids, at their option,
either in person or by courier service or by the IDA: (A) for the first request for
mail. extension if it is longer than eight (4)
weeks; and (B) for all subsequent requests
ƒ All bidders shall provide bid security or a for extensions irrespective of the period.
bid security declaration form as indicated
in the bidding documents. A bidder’s bid
ƒ Negotiations shall not be allowed with the
security or the declaration form shall
apply only to a specific bid. lowest evaluated or any other bidders.

ƒ Bids shall be opened in public in one place ƒ Re-bidding shall not be carried out
preferably immediately, but no later than without the IDA’s prior concurrence; and
one (1) hour, after the deadline for
submission of bids. ƒ All contractors or suppliers shall provide
performance security as indicated in the
ƒ Evaluation of bids shall be made in strict
adherence to the criteria disclosed in the contract documents. A contractor’s or a
bidding documents, in a format, and supplier’s performance security shall
within the specified period, agreed with apply to a specific contract under which it
the IDA. was furnished.

128 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


ANNEX 7
A.  Monitoring and Evaluation  
At the level of the NJP, monitoring and The PSU will update both M&E systems
evaluation will be the responsibility of the within four months from the appointment of
POC and PSU. At the level of the project, the Project Director following the guidance of
monitoring and evaluation will be the joint
the NJP and the Grant Agreement.
responsibility of the PSU, PU and the Bank.
This annex comprises a draft framework for
The future M&E system will include a more
M&E of the project using key outcome and
result indicators. A similar framework forms detailed description of indicators for final and
part of the NJP. The NJP, in addition intermediate outcomes and outputs that
describes the institutional structure and the contribute to their achievement; as well as
principles according to which its progress will strategies for (baseline) data existing
be monitored and assessed. inventories and their collection.

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


1.  Monitoring and Evaluation Framework 

Project Objective Key Outcome Indicators Use of Outcome Information

Enhance the capacity of


the justice sector Increased number of men and women who receive legal service of better Review of capacity of justice institutions
institutions to deliver legal quality (dispute resolution, prosecution, counseling, representation) Feed into the design of follow up reforms
services
Results per
Results indicators Use of Results Monitoring
(sub)components
Judges, prosecutors and 1) Councils for HRM of judges and prosecutor operational (1) Failure to create councils may flag a lack of commitment to the
other JS officials have 2) Merit-based selection and allocation system for judges and HR reform
better skill to deliver prosecutors operational (1-4) Feeds into design of a follow up M&E system for performance
justice services 3) New judges and prosecutors sufficiently trained and allocated to and policies on allocation of HR
courts and offices based on the results (Feeds into the review & redesign of existing reforms and their roll
4) Functional review and redesign of key job description in the SC and out to the rest of the systems)
AGO and their six offices completed (1-4) Feeds into the increase of the salaries of JS personnel
5) Skill of sitting judges and prosecutors reviewed and gaps partially (5-7) Feeds into reforms which will support higher productivity
filled through specialization and better organization
6) Judges, prosecutors, their support staff and other civil servants (8) Supports the follow up awareness reforms and reforms aimed at
trained access to legal information
7) Training policies and management capacity improved (9) Feeds into long term reform of substantive laws and change in
8) Legal Libraries in MOJ, SC, AGO and about 2022 of court and office legal culture
facilities operational (10) Feeds into reform which aims to strengthen professional identity
9) International Conference organized and independence
10) Local gathering of judges and prosecutors organized

Physical Infrastructure (1) review of design of 28 courts (and associated judges’ residences) (1) Feeds into more massive construction of the facilities to be
(facilitates, transportation) completed; design of six MOJ regional offices and three AGO regional implemented during the nest stages of the reform
is improved and offices completed

22
Exact number will be determined upon commencement of the project

130 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


contributes to better legal (2) Five courts; five MOJ and five AGO regional offices repaired for
22
service use (1-7) Feeds into design of follow up projects
(3) Investment Fund for covering maintenance costs of facilities and cars
operation (1- 7) Feeds into the policies addressing geographical access to
(4) 220 vehicles delivered to the users and used justice services by population
22
(5) 40 courts and offices equipped and furnished
(6) Investment plan and facilities standards completed (3,7) Improves planning for expenditure
(7) asset management capacity in the SC, MOJ, and AGO strengthened
ICT in place in the central (1) ICT assessments in the SC, MOJ, and AGO prepared (1-2) Feeds into the plans for increasing productivity of justice
agencies and contributing (2) Emergency hardware installed in the HQs institutions through technological advancements
to better performance (3) Network in MOJ and AGO installed
(management and service
delivery)
Legal Aid (1) Baseline assessment for legal aid completed (1-3,6) Feeds into review and redesign of legal “welfare” policies
(2) Methodology for monitoring and evaluation of legal aid developed (1-3) Improves planning for expenditure
(3) Legal Aid Fund created (4-6) Feeds into the longer term policy on empowerment of rural
(4) Legal aid offices operational in at least five provinces population
(5) Lawyers and paralegals trained (4,6) Addresses immediate needs of population
(6) Number of cases received/resolved through the legal aid offices (5) Contributes to strengthening legal profession
increasing.

(1) Legal information (publications, advertisements, shows etc) Contributes to narrowing gap between formal and informal justice
disseminated/ system
Legal Awareness broadcast
(2) Communities and their leaders educated in substance and in Promotes relevance of formal laws
accessing legal information Helps to resolve day-to day problems of common people

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 131


ANNEX 9
A.  Social and Environmental Safeguards 
1.  INTEGRATED SAFEGUARDS DATA SHEET 
CONCEPT STAGE

Report No.:

Date ISDS Prepared/Updated:

I. BASIC INFORMATION

A. Basic Project Data

Country: Afghanistan Project ID:

Additional Project ID (if any):


Project Name: Afghanistan Justice Sector Reform Project

Task Team Leader: Lubomira Beardsley

Estimated Appraisal Date: Estimated Board Date:


Managing Unit: LEGES Lending Instrument:
Sector: Justice
Theme:
IBRD Amount (US$m.):
IDA Amount (US$m.):
GEF Amount (US$m.):
PCF Amount (US$m.):
Other financing amounts by source:
Environmental Category: B (partial assessment)
Simplified Processing Simple [X] Repeater [ ]
Is this a transferred project Yes [X] No []

2.  Project  Objectives  [from  infrastructure management, increasing the


section 2 of PCN]:  skills of justice sector professionals, and
enhancing the physical infrastructure used to
The project’s development objective is to
deliver legal services.
support a centralized state justice system and
to increase access to justice for the Afghan
3.  Project  Description  [from 
people. The project’s immediate objective is to
section 3 of PCN]: 
enhance the capacity of the justice sector
institutions to deliver legal services. The project will have three components: (i)
Enhancing Capacity of Justice Institutions; (ii)
This will be achieved primarily through more Empowering the People; and (iii)
strategic human capital and physical Strengthening Implementation Capacity.

132 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


A. (i)  Enhancing  Capacity  of  Justice  ƒ (c) Information and Communication
Institutions (USD 23.6 million)    Technology. The third subcomponent will
finance an assessment of the need for ICT
The objective of this component is to enhance
in the central legal and provincial justice
(and in some cases, enable) the basic
institutions and provide for the hardware
operations of the justice institutions. The
needs identified.
target group comprises the judges, prosecutors
and other justice sector officials, some of
B. (ii)  Empowering  the  People  (USD 
whom, by the end of the project, will work
1.8 million) 
under substantially better conditions and
possess greater skills related to the resolution The objective of this component is to empower
of legal disputes. The eventual beneficiaries of the Afghan people through legal aid and
this component will be the people of education. The target group for this
Afghanistan who will receive better service in component is community leaders as well as
form of legal counseling, representation, and the Afghan people more generally, especially
dispute resolution. those people in the most economically
vulnerable sections of the Afghan population,
The component has three subcomponents: (a) together with legal aid providers. Policy
human capital; (b) physical infrastructure; and makers will also benefit from activities
(c) information and communication forming part of this component. The
technology. component is divided into two
subcomponents: (a) legal aid; and (b) legal
ƒ (a) Human Capital. This subcomponent, awareness.
will finance the first stages of Human
Resource Management (HRM) reforms for ƒ (a) Legal Aid. This component will
judges and prosecutors as well as the support basic legal aid for eligible
continuation of similar civil service
individuals in five to ten legal aid offices
reforms for support staff. These reforms
around the country. In addition to
are intended to form the basis for salary
increases in the justice sector. This providing services to eligible clients, the
subcomponent will also support the legal aid offices will collect and analyze
development of legal libraries, the review data about the demand for and supply of
of procedural designs, training courses legal services. Using these analyses, the
and professional gatherings. An legal offices will assist the MoJ and the
international conference with legal Legal Aid Council in developing national
professionals from other countries, legal aid policy and the associated
including countries with Islamic legal regulations.
systems, will be organized to encourage
an open discussion of the development of
ƒ (b) Legal Awareness. This subcomponent
Afghanistan’s domestic law.
will support knowledge and
ƒ (b) Physical Infrastructure. With the understanding of legal rights and
investment and technical assistance obligations under civil, commercial and
provided under this subcomponent, the criminal laws, first, among community
GoA will design investment plans and leaders, and then, with the help of legal
facility standards, prepare and begin to professionals, among the wider
implement construction and repair of community. The Nanganhar province,
court and office facilities and judges’ comprising 21 districts, was selected by
residences; equip new and existing courts the MoJ to pilot this activity. The legal
and offices; and provide transportation for
awareness campaign will be coordinated
justice sector officials. Capacity to manage
with the Ministry of Interior’s Focused
physical assets will also be supported to
sustain the progress achieved under this District Development program and with
subcomponent. the legal aid subcomponent of this project.

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 133


C. (iii) Strengthening Implementation  6.  Environmental  and  Social 
Capacity (USD 1.60 million)  Safeguards Specialists on the Team: 
The objective of this component is to ensure Asta Olesen: Sen. Social Development
efficient implementation of the project. With Specialist
technical assistance provided under this
component, the government will establish and Mohammad Arif Rasuli: Environmental
operate project management infrastructure Specialist
under the NJP and in the relevant central
agencies. The project management functions 7.  SAFEGUARD  POLICIES  THAT 
will be shared among: a Program Oversight MIGHT APPLY 
Committee; a Program Support Unit, and a Although the planned rehabilitation and
small project unit in each of the implementing construction activities of court and office
agencies. The project will finance local and facilities and judges’ residences primarily will be
international consultants to work as managers on existing government land, OP/BP 4.12 will
of the project, and as procurement and be triggered as land acquisition can not be
ruled out in later stages of the project.
financial management specialists. It will also
However, no involuntary resettlement will
finance the costs associated with operating the
take place under the project and land
implementation units acquisition will be kept at a minimum. For
government land, documentation would be
4.  Project  location  and  salient  needed that the land is free of encroachments,
physical  characteristics  relevant  to  squatters or other encumbrances, and has been
the safeguard analysis (if known):  transferred for the project by the authorities.
Kabul City, provinces and districts in A generic Environmental and Safeguards
Afghanistan, to be identified Management Framework developed for
Afghanistan and currently followed by many
5.  Borrower’s  Institutional  ongoing projects, will be used for this project
Capacity for Safeguard Policies:   as well. The ESMF specifies the procedures to
be followed in case of Land Acquisition and
As a result of more than two decades of
will be adapted to the present project, where
conflict, exodus of trained personnel, low all sub-projects may not be identified at
salaries, and the lack of exposure to new appraisal. An Abbreviated Resettlement
approaches, the Borrower’s institutional Framework has been developed containing
capacity for management of environment and procedures for restoring of housing,
social issues is generally weak, especially in compensation for loss of land and livelihood
such specialized areas as safeguard policies. of project affected families in a consultative
and mutually agreeable manner, compliant
While there are no direct environmental with OP 4.12. A satisfactory settlement of the
assessment regulations by the GOA applicable land issues is a precondition for sub-project
to this project, it has been agreed that the implementation.
environmental safeguard policies of the World
The project proposes to support limited
Bank, will be adhered to. physical infrastructures, which is unlikely to
result in significant or irreversible
The project would assist the implementing environmental impacts. However, the
agency in improving its capacity for safeguard guidance under the ESMF would be used to
management including site selection, design, prepare specific EMPs to mitigate the adverse
contracting and monitoring of environmental environmental impacts of the proposed
and social impact mitigation plan. construction works

134 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Safeguard Policies Triggered (please explain why) Yes No TBD
Environmental Assessment (OP/BP 4.01)
This project includes a component on building physical
infrastructure that is likely to have temporary and manageable
environmental impacts during construction. Most siting and
construction related adverse environmental impacts would be X
addressed through good engineering practices and specific
actions to mitigate occupation, health and safety concerns of
workers. The environmental category for project is proposed to
be B requiring preparation of specific EMP.
Natural Habitats (OP/BP 4.04) X
The project is not expected to impact natural habitats
Forests (OP/BP 4.36)
Pest Management (OP 4.09) X
Physical Cultural Resources (OP/BP 4.11) X
Indigenous Peoples (OP/BP 4.10) X
Involuntary Resettlement (OP/BP 4.12) x
The planned construction activities of court and office facilities and judges’ residences are expected to be on existing
government land. However OP/BP 4.12 is triggered as land acquisition can not be ruled out in later stages of the project.
Safety of Dams (OP/BP 4.37)
Projects on International Waterways (OP/BP 7.50)
Projects in Disputed Areas (OP/BP 7.60)
Piloting the Use of Borrower Systems to Address
Environmental and Social Safeguard Issues in Bank- x
Supported Projects (OP/BP 4.00)

8.  SAFEGUARD PREPARATION PLAN 
Target date for the Quality Enhancement Review (QER), at which time the PAD-stage ISDS would be
prepared:
For simple projects that will not require a QER, the target date for preparing the PAD-stage ISDS:
Time frame for launching and completing the safeguard-related studies that may be needed.
The specific studies and their timing23 should be specified in the PAD-stage ISDS:

9.    APPROVALS 
Signed and submitted by:
Task Team Leader: Name Lubomira Beardsley Date
Approved by:
Regional Safeguards Coordinator: Name Frederick Edmund Brusberg Date
Comments:
Sector Manager: Name Date
Comments:

23 Reminder: The Bank's Disclosure Policy requires that safeguard-related documents be disclosed before appraisal (i) at
the InfoShop and (ii) in-country, at publicly accessible locations and in a form and language that are accessible to
potentially affected persons.

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 135


ANNEX 10
A.  Letters of Endorsement by Sector Ministries and Ministry of Finance 

136 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NATIONAL
JUSTICE PROGRAM
PART IV
CHAPTER 4  
Part 4 contains information on programmes that some programmatic overlap will occur. In
implemented largely through bilateral these instances the programme management
mechanisms. These programmes are subject to has a consultancy function to address such
prioritization and implementation in direct overlaps or potential duplications in
consultation with the donor and the consultation with donor coordination
government. The planning and
mechanisms, including in particular the PJCM.
implementation of these programmes are
contingent upon donor funding cycles in Part 4 is a robust and dynamic tracking
conjunction with the NJSS priorities and the mechanism. It envisages bilateral programmes
areas of activities identified in Part 2. The time to be added during the life span of the NJP. It
scale for planning and implementing also provides considerable flexibility in
programmes in Part 4 may differ from addressing programmatic gaps arising during
multilateral programmes. However, it is the implementation of either existing Part 2 or
inevitable Part 3 programmes.

138
A.  Pipeline Projects for Afghan Fiscal Year 1387 
UNAMA Rule of Law Unit
18-Mar-08

NJP
Part 2 Int. A Institutional Expected
No Title of project/ Description and purpose (specify: Implementin Name/email of contact
Log gency/ Counterpart/pa Location Date of Remarks
. cathegory* activities/beneficiares) g Agency person
Frame Donor rtners project
Row #

Italy
These
activities
are on
bilateral
Afghanistan
Capacity building and training Undefined basis, so
Italy - Justice System
1 C.3 activities to prosecutors, judges and MoJ, SC, AGO IDLO Provinces 2010 maurizio.dicalisto@esteri.it support to
IDLO Trust Fund
lawyers in Kabul and in the provinces ???? LOTFA,
contribution PJCM,
ARTF, etc
are not
listed
Technical assistance in the
Increasing
development of the Independent
Afghanistan MoJ, SC, AGO,
Italy - National Legal Training Centre.
2 C.2 capacity for INLC, Kabul IDLO Kabul 2009 maurizio.dicalisto@esteri.it
IDLO Training for officials in government
sustainable legal University
ministers. Support to the Faculty of
reform
Sharia at Kabul University

MoJ, SC, AGO, IDLO -


Italy - Higher Education Implementation of univeristy training
3 C.1.5 INLC, Kabul Perugia Italy 2009 maurizio.dicalisto@esteri.it
IDLO Justice Training for legal professionals in italy
University University

Infrastructures
Construction of provincial facilities
Italy - and equipment Kabul and
4 B.1, B.2 and procurement of vehicles for Gov. of Afg. IMG 2009 maurizio.dicalisto@esteri.it
IMG for Justice provinces
judicial institutions in Afghanistan
Institutions

140 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
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Log gency/ Counterpart/pa Location Date of Remarks
. cathegory* activities/beneficiares) g Agency person
Frame Donor rtners project
Row #

Italy - Contribution of the reconstruction of MoJ, SC, AGO, 3 Provinces


Access to justice
5 F.2 UNDP - afghan judicial system in the Ministry of ISISC to be 2009 maurizio.dicalisto@esteri.it
at district level
ISISC provinces Women defined
Revision of the penitentiary
Prison system
regulations. Enhance of
B.1.1, Italy - reform - Kabul and
8 professionalism of the penitentiary MoJ UNODC 2009 maurizio.dicalisto@esteri.it
C.3, E.6 UNODC extension to the provinces
staff. Enhance detention
provinces
infrastructures
European Commission
This project aims to support access
to justice at the district level. The
action is taken around four main
activities: reassessment of districts
within the national strategy
framework on strengthening the Herat,
Europe justice system; refurbishment of Mazar,
B.1, F.4, an A2J at the judicial centres at district level Samangan, 01/2005- erwan.marteil@ec.europa.
1 District Courts UNDP
F.5 Commis District Level including facilities for judicial Kunduz, 01/2009 eu
sion execution, training main judicial Jawzjan,
actors (including religious authorities Baghlan
and members of traditional
mechanisms involved in
administrating justice process); public
awareness campaigns specifically
targeted to disadvantaged categories.
Support the three Justice institutions
in undertaking Priority Reform and
Europe
Justice Sector Restructuring and Human Resource Adam Smith
an 09/2007- erwan.marteil@ec.europa.
2 A.2 Reform Porject in Management functions such as merit SC,AGO,MoJ Internationa Afghanistan
Commis 06/2008 eu
Afghanistan based recruitment, and transparent l
sion
and objective evaluations and
appointments.

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 141


NJP
Part 2 Int. A Institutional Expected
No Title of project/ Description and purpose (specify: Implementin Name/email of contact
Log gency/ Counterpart/pa Location Date of Remarks
. cathegory* activities/beneficiares) g Agency person
Frame Donor rtners project
Row #

Europe
Justice Sector Support capacity and capacity Adam Smith
an 09/2007- erwan.marteil@ec.europa.
2 A.1, A.5 Reform Porject in building of the three institutions to SC,AGO,MoJ Internationa Afghanistan
Commis 06/2008 eu
Afghanistan develop and execute budgets. l
sion
Supporting the Ministry of Justice in
Europe
Justice Sector the determination of its preferred Adam Smith
an 09/2007- erwan.marteil@ec.europa.
2 F.2 Reform Porject in model for the provision of legal aid, MOJ Internationa Afghanistan
Commis 06/2008 eu
Afghanistan the design for a new legal aid l
sion
department and implementation
UNDP
Districts in
Support to justice providers at the Provinces of
district level through rehabilitation of Balkh, Herat,
Ministry of
facilities and human rights awareness Baghlan,
Access to Justice Justice / Jan 2007
B.1, training various Jawzjan, mark.aiken@undp.org
1 UNDP at the District Supreme Court - Dec
F.4, F.5 Training and awareness on human NGOs Kunduz, heather.barr@undp.org
Level / Attorney 2008
rights issues for community Samangan +
Generals Dept
representatives, religious leaders, additional
teachers and the general public. provinces to
be selected
US - INT JSSP

AGO, Supreme
Court, MOJ,
Comprehensive provincial criminal local defense
Provincial Justice Spring Karen Hall
1 A.3.4 US/INL justice system assessment including attorneys, JSSP Paktia
Assessment 2008 hallk2@state.gov
customary law NGOs,
provincial
council

142 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Part 2 Int. A Institutional Expected
No Title of project/ Description and purpose (specify: Implementin Name/email of contact
Log gency/ Counterpart/pa Location Date of Remarks
. cathegory* activities/beneficiares) g Agency person
Frame Donor rtners project
Row #

AGO provincial
prosecutor,
Summer
Build capacity of the Attorney Ministry of Karen Hall
2 A.1 US/INL AGO Support JSSP Paktia 2008
General's Office and prosecutors Interior/local hallk2@state.gov
forward
police
headquarters
AGO provincial
prosecutor,
Summer
Police/Prosecutor Police-prosecutor coorindation and Ministry of Karen Hall
3 E.1 US/INL JSSP Paktia 2008
Coordination criminal justice integration Interior/local hallk2@state.gov
forward
police
headquarters
AGO, and
coordination
Assist AGO in implementing
AGO with other
organizational reform and Kabul Summer
A.1, Organizational justice Karen Hall
4 US/INL restructuring of provincial JSSP Eastern 2008
E.3.2 Reform and institutions hallk2@state.gov
prosecutor's office, to include pilot Zone forward
Restructuring including
programs in victim/witness protection
Supreme
Court, MOJ

Assist AGO in implementing


AGO organizational reform and
Summer
A.1, Organizational restructuring of provincial Karen Hall,
5 US/INL AGO JSSP Balkh 2008
E.3.2 Reform and prosecutor's office (with future roll- hallk2@state.gov
forward
Restructuring out of successful pilot programs from
Kabul Eastern Zone)

Assist AGO in implementing


AGO organizational reform and
Summer
A.1, Organizational restructuring of provincial Karen Hall,
6 US/INL AGO JSSP Herat 2008
E.3.2 Reform and prosecutor's office (with future roll- hallk2@state.gov
forward
Restructuring out of successful pilot programs from
Kabul Eastern Zone)

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 143


NJP
Part 2 Int. A Institutional Expected
No Title of project/ Description and purpose (specify: Implementin Name/email of contact
Log gency/ Counterpart/pa Location Date of Remarks
. cathegory* activities/beneficiares) g Agency person
Frame Donor rtners project
Row #

Assist AGO in implementing


AGO organizational reform and
Summer
A.1, Organizational restructuring of provincial Karen Hall,
7 US/INL AGO JSSP Kunduz 2008
E.3.2 Reform and prosecutor's office (with future roll- hallk2@state.gov
forward
Restructuring out of successful pilot programs from
Kabul Eastern Zone)

Assist AGO in implementing


AGO organizational reform and
Summer
A.1, Organizational restructuring of provincial Karen Hall,
8 US/INL AGO JSSP Nangarhar 2008
E.3.2 Reform and prosecutor's office (with future roll- hallk2@state.gov
forward
Restructuring out of successful pilot programs from
Kabul Eastern Zone)

Assist AGO in implementing


AGO organizational reform and
Summer
A.1, Organizational restructuring of provincial Karen Hall,
9 US/INL AGO JSSP Paktia 2008
E.3.2 Reform and prosecutor's office (with future roll- hallk2@state.gov
forward
Restructuring out of successful pilot programs from
Kabul Eastern Zone)

Provide requested trainings to Provincial


Provincial Justice provincial justice actors as a follow- Governor's Spring Karen Hall,
10 C.3. E.1 US/INL JSSP Kunduz
Training up to previously held Provincial office and local 2008 hallk2@state.gov
Justice Conference justice actors

Provide requested trainings to Provincial


Provincial Justice provincial justice actors as a follow- Governor's Spring Karen Hall,
11 C.3. E.1 US/INL JSSP Ghazni
Training up to previously held Provincial office and local 2008 hallk2@state.gov
Justice Conference justice actors

144 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Part 2 Int. A Institutional Expected
No Title of project/ Description and purpose (specify: Implementin Name/email of contact
Log gency/ Counterpart/pa Location Date of Remarks
. cathegory* activities/beneficiares) g Agency person
Frame Donor rtners project
Row #

Provide requested trainings to Provincial


Provincial Justice provincial justice actors as a follow- Governor's Spring Karen Hall,
12 C.3. E.1 US/INL JSSP Logar
Training up to previously held Provincial office and local 2008 hallk2@state.gov
Justice Conference justice actors

Provide requested trainings to Provincial


Provincial Justice provincial justice actors as a follow- Governor's Spring Karen Hall,
13 C.3. E.1 US/INL JSSP Panjshir
Training up to previously held Provincial office and local 2008 hallk2@state.gov
Justice Conference justice actors

Provide requested trainings to Provincial


Provincial Justice provincial justice actors as a follow- Governor's Spring Karen Hall,
14 C.3. E.1 US/INL JSSP Kapisa
Training up to previously held Provincial office and local 2008 hallk2@state.gov
Justice Conference justice actors

Provincial
Facilitate 5 provincial justice Summer
Provincial Justice Governor's Karen Hall
15 C.3. E.1 US/INL conferences in provinces outside JSSP TBD 2008
Conferences office and local hallk2@state.gov
Kabul forward
justice actors

Provide requested trainings to Provincial


Summer
Provincial Justice provincial justice actors as a follow- Governor's Karen Hall
16 C.3. E.1 US/INL JSSP TBD 2008
Trainings up to planned Provincial Justice office and local hallk2@state.gov
forward
Conferences in 5 provinces justice actors

In coordination with Focused District


Development training efforts for AGO,Provincial Summer
NAME? (FDD Karen Hall
17 C.3 US/INL police, provide four week criminal Governor's JSSP TBD 2008
training) hallk2@state.gov
justice trainings for district level office forward
prosecutors in 55 districts.

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 145


NJP
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No Title of project/ Description and purpose (specify: Implementin Name/email of contact
Log gency/ Counterpart/pa Location Date of Remarks
. cathegory* activities/beneficiares) g Agency person
Frame Donor rtners project
Row #

Work with AGO Stage instructors to


develop formal and comprehensive
Winter
AGO Stage written stage curriculum. Coordinate Karen Hall,
18 C.2 US/INL AGO, INLTC JSSP Kabul HQ 2008
Support efforts with other related hallk2@state.gov
forward
educational/vocational/training
programs

Kabul HQ Summer
Implement personnel database for Karen Hall,
19 A.1 US/INL AGO Support AGO JSSP and 2008
AGO hallk2@state.gov
nationally forward
Begin in
Kabul
Implement case management/case
E.1.7 AGO, Eastern Summer
tracking system for AGO in Karen Hall,
20 thru US/INL AGO Support MOJ/CPD, JSSP Zone and 2008
coordination with case tracking hallk2@state.gov
E.1.10 Supreme Court then forward
systems of other justice institutions
expanding
nationally
Kabul HQ Summer
E.2.7, Implement plans for a specialized Karen Hall,
21 US/INL AGO Support AGO JSSP and 2008
E.2.8 anti-corruption unit within the AGO hallk2@state.gov
nationally forward

Support efforts to implement PRR in Kabul HQ


Spring Karen Hall,
22 A.2 US/INL AGO/PRR AGO offices nationwide (including AGO JSSP and
2008 hallk2@state.gov
front office reorganization) nationally

Assist MOJ in planning and


Kabul HQ Spring
broadcasting/disseminating public Karen Hall,
23 F.4 US/INL MOJ Support MOJ JSSP and 2008
service announcements regarding the hallk2@state.gov
nationally forward
Advocates Law
Spring
Build translation capacity of MOJ and Karen Hall,
24 A.1.5 US/INL MOJ Support MOJ JSSP Kabul HQ 2008
provide translation support hallk2@state.gov
forward

146 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Part 2 Int. A Institutional Expected
No Title of project/ Description and purpose (specify: Implementin Name/email of contact
Log gency/ Counterpart/pa Location Date of Remarks
. cathegory* activities/beneficiares) g Agency person
Frame Donor rtners project
Row #

Provide information technology Spring


Karen Hall,
25 A.1 US/INL MOJ Support training and classes for select staff of MOJ JSSP Kabul HQ 2008
hallk2@state.gov
MOJ forward

Planning
stages;
Spring project may
Provide security-related Karen Hall,
26 A.6.2 US/INL MOJ Support MOJ JSSP Kabul HQ 2008 be revised
improvements to MOJ headquarters hallk2@state.gov
forward as
consultation
s continue

Planning
stages;
MOJ Build capacity of the MOJ for project
Spring project may
Support/Policy development and donor coordination Karen Hall,
27 A.3 US/INL MOJ JSSP Kabul HQ 2008 be revised
and Strategy in coordination with National Justice hallk2@state.gov
forward as
Unit Programme implementation
consultation
s continue

Initial
planning
stages;
Develop and implement project Summer
Karen Hall, project may
28 A.1 US/INL AGO Support management and planning office in AGO JSSP Kabul HQ 2008
hallk2@state.gov be revised
AGO forward
as
consultation
s continue

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 147


NJP
Part 2 Int. A Institutional Expected
No Title of project/ Description and purpose (specify: Implementin Name/email of contact
Log gency/ Counterpart/pa Location Date of Remarks
. cathegory* activities/beneficiares) g Agency person
Frame Donor rtners project
Row #

Initial
planning
stages;
Work with regional universities and Universities,
Defense capacity Fall 2008 Karen Hall project may
29 C.1 US/INL local defense NGOs to establish Defense JSSP TBD
building forward hallk2@state.gov be revised
clinical law programs for law students providders
as
consultation
s continue

Initial
planning
Work with MOJ to implement reform stages;
MOJ
and restructuring of provincial MOJ Fall 2008 Karen Hall project may
30 A.1 US/INL Reorganization MOJ JSSP TBD
offices, including Huquq and forward hallk2@state.gov be revised
and Reform
Government Cases as
consultation
s continue

US - ARoLP - National
Thru 30
US/USA ARoLP/Court Improve overall admin and case Chris Krafchak,
1 E.3, E.4 MOJ, SC ARoLP National Septemb
ID Administration management CKrafchak@usaid.gov
er 2008

NJP
Part 2 Int. A Description and purpose Expected
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. cathegory* Counterpart/partners g Agency person
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Row #

148 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Thru 30
US/USA ARoLP/Court Improve Supreme Court Chris Krafchak,
2 A.1 MOJ, SC ARoLP Kabul Septemb
ID Management management capacity CKrafchak@usaid.gov
er 2008

MOJ, SC, INLTC, Al


A.2.5, Biruni University, Balkh, Herat,
Thru 30
C.1.1, US/USA ARoLP/Legal Overseas Travel, Law Journal, Balkh University, Kabul, Chris Krafchak,
3 ARoLP Septemb
C.1.5, ID Education Computer Training, Curriculum Herat University, Kapisa, CKrafchak@usaid.gov
er 2008
C.1.6 Kabul University, Nangarhar
Nangarhar University

MOJ, SC, INLTC, Al


Biruni University, Balkh, Herat,
Thru 30
US/USA ARoLP/Legal Legal English Training Balkh University, Kabul, Chris Krafchak,
4 A.1.5 ARoLP Septemb
ID English Training Programs and Testing Herat University, Kapisa, CKrafchak@usaid.gov
er 2008
Kabul University, Nangarhar
Nangarhar University

Curriculum Development, Thru 30


US/USA ARoLP/Judicial Chris Krafchak,
5 C.2 Training, Training SC ARoLP National Septemb
ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Herat, Thru 30
F.4.1, US/USA ARoLP/Commerci Develop capacity, training Chris Krafchak,
6 MOJ, SC ARoLP Kabul, Septemb
E.4.3 ID al Court Reform programs, advisory support CKrafchak@usaid.gov
Nangarhar er 2008
ARoLP/Law
Thru 30
US/USA Reform and Compile Laws, Translation, Chris Krafchak,
7 D.2.1 MOJ, SC ARoLP National Septemb
ID Legislative Legislative Drafting Training CKrafchak@usaid.gov
er 2008
Drafting

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 149


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Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

ARoLP/Informal
Educational Materials, Cultural Thru 30
US/USA Justice Sector MoWA, Cultural Chris Krafchak,
8 F.4, F.5 Centers, Informal Justice ARoLP National Septemb
ID and Access to Centers CKrafchak@usaid.gov
Policy Statement er 2008
Justice
F.2.4 ARoLP/Women's Thru 30
US/USA National dialogues, provincial MoWA, Cultural Chris Krafchak,
9 thru Rights Under ARoLP National Septemb
ID dialogues Centers CKrafchak@usaid.gov
F.2.6 Islam er 2008
Badghis,
Baghlan, Thru 30
US/USA Chris Krafchak,
10 F.2 ARoLP/Legal Aid Support Legal Aid Activities ILF ARoLP Farah, Septemb
ID CKrafchak@usaid.gov
Paktya, Sar- er 2008
i-Pul

US - ARoLP - Provincial
Thru 30
US/USA ARoLP/Court Improve Supreme Court Chris Krafchak,
1 A.1 MOJ, SC ARoLP KABUL Septemb
ID Administration management capacity CKrafchak@usaid.gov
er 2008
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court BADAKHSHA Chris Krafchak,
2 thru implementing new Afghan MOJ, SC ARoLP Septemb
ID Administration N CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
3 thru implementing new Afghan MOJ, SC ARoLP BADGHIS Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)

150 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Improve overall admin and


E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
4 thru implementing new Afghan MOJ, SC ARoLP BAGHLAN Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
5 thru implementing new Afghan MOJ, SC ARoLP BALKH Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
6 thru implementing new Afghan MOJ, SC ARoLP BAMYAN Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
7 thru implementing new Afghan MOJ, SC ARoLP DAIKUNDI Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
8 thru implementing new Afghan MOJ, SC ARoLP FARAH Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
9 thru implementing new Afghan MOJ, SC ARoLP FARYAB Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 151


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Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Improve overall admin and


E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
10 thru implementing new Afghan MOJ, SC ARoLP GHAZNI Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
11 thru implementing new Afghan MOJ, SC ARoLP GHOR Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
12 thru implementing new Afghan MOJ, SC ARoLP HELMAND Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
13 thru implementing new Afghan MOJ, SC ARoLP HEART Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
14 thru implementing new Afghan MOJ, SC ARoLP JOWZJAN Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
15 thru implementing new Afghan MOJ, SC ARoLP KABUL Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)

152 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Improve overall admin and


E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
16 thru implementing new Afghan MOJ, SC ARoLP KANDAHAR Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
17 thru implementing new Afghan MOJ, SC ARoLP KAPISA Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
18 thru implementing new Afghan MOJ, SC ARoLP KHOST Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
19 thru implementing new Afghan MOJ, SC ARoLP KUNAR Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
20 thru implementing new Afghan MOJ, SC ARoLP KUNDUZ Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
21 thru implementing new Afghan MOJ, SC ARoLP LAGHMAN Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 153


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Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Improve overall admin and


E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
22 thru implementing new Afghan MOJ, SC ARoLP LOGAR Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
23 thru implementing new Afghan MOJ, SC ARoLP NANGARHAR Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
24 thru implementing new Afghan MOJ, SC ARoLP NIMRUZ Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
25 thru implementing new Afghan MOJ, SC ARoLP NURESTAN Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
26 thru implementing new Afghan MOJ, SC ARoLP PAKTYA Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
27 thru implementing new Afghan MOJ, SC ARoLP PAKTIKA Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)

154 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Improve overall admin and


E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
28 thru implementing new Afghan MOJ, SC ARoLP PANJSHIR Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
29 thru implementing new Afghan MOJ, SC ARoLP PARWAN Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
30 thru implementing new Afghan MOJ, SC ARoLP SAMANGAN Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
31 thru implementing new Afghan MOJ, SC ARoLP SAR-I-PUL Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
32 thru implementing new Afghan MOJ, SC ARoLP TAKHAR Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
33 thru implementing new Afghan MOJ, SC ARoLP URUZGAN Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 155


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Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Improve overall admin and


E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
34 thru implementing new Afghan MOJ, SC ARoLP WARDAK Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
Improve overall admin and
E.1.7 case management by Thru 30
US/USA ARoLP/Court Chris Krafchak,
35 thru implementing new Afghan MOJ, SC ARoLP ZABUL Septemb
ID Administration CKrafchak@usaid.gov
E.1.10 Court Administration System er 2008
(ACAS)
A.3.4,
ARoLP/Women's Thru 30
F.2.4 US/USA Assessment of Women's MoWA, Cultural Chris Krafchak,
36 Rights under ARoLP KABUL Septemb
thru ID Access to Justice Centers CKrafchak@usaid.gov
Islam er 2008
F.2.6
A.3.4,
ARoLP/Women's Thru 30
F.2.4 US/USA Assessment of Women's MoWA, Cultural Chris Krafchak,
37 Rights under ARoLP BALKH Septemb
thru ID Access to Justice Centers CKrafchak@usaid.gov
Islam er 2008
F.2.6
A.3.4,
ARoLP/Women's Thru 30
F.2.4 US/USA Assessment of Women's MoWA, Cultural Chris Krafchak,
38 Rights under ARoLP HERAT Septemb
thru ID Access to Justice Centers CKrafchak@usaid.gov
Islam er 2008
F.2.6
A.3.4,
ARoLP/Women's Thru 30
F.2.4 US/USA Assessment of Women's MoWA, Cultural Chris Krafchak,
39 Rights under ARoLP NANGARHAR Septemb
thru ID Access to Justice Centers CKrafchak@usaid.gov
Islam er 2008
F.2.6
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural BADAKHSHA Chris Krafchak,
40 F.4.1 Rights under women's rights awareness ARoLP Septemb
ID Centers N CKrafchak@usaid.gov
Islam dialogues and workshops er 2008

156 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

ARoLP/Women's National and provincial Thru 30


US/USA MoWA, Cultural Chris Krafchak,
41 F.4.1 Rights under women's rights awareness ARoLP BADGHIS Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
42 F.4.1 Rights under women's rights awareness ARoLP BAGHLAN Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
43 F.4.1 Rights under women's rights awareness ARoLP BALKH Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
44 F.4.1 Rights under women's rights awareness ARoLP BAMYAN Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
45 F.4.1 Rights under women's rights awareness ARoLP DAIKUNDI Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
46 F.4.1 Rights under women's rights awareness ARoLP FARAH Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
47 F.4.1 Rights under women's rights awareness ARoLP FARYAB Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
48 F.4.1 Rights under women's rights awareness ARoLP GHAZNI Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
49 F.4.1 Rights under women's rights awareness ARoLP GHOR Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
50 F.4.1 Rights under women's rights awareness ARoLP HERAT Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
51 F.4.1 Rights under women's rights awareness ARoLP KANDAHAR Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 157
NJP
Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

ARoLP/Women's National and provincial Thru 30


US/USA MoWA, Cultural Chris Krafchak,
52 F.4.1 Rights under women's rights awareness ARoLP KAPISA Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
53 F.4.1 Rights under women's rights awareness ARoLP KUNDUZ Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
54 F.4.1 Rights under women's rights awareness ARoLP LAGHMAN Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
55 F.4.1 Rights under women's rights awareness ARoLP LOGAR Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
56 F.4.1 Rights under women's rights awareness ARoLP NANGARHAR Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
57 F.4.1 Rights under women's rights awareness ARoLP PAKTYA Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
58 F.4.1 Rights under women's rights awareness ARoLP PANJSHIR Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
59 F.4.1 Rights under women's rights awareness ARoLP PARWAN Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
60 F.4.1 Rights under women's rights awareness ARoLP SAMANGAN Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008

158 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

ARoLP/Women's National and provincial Thru 30


US/USA MoWA, Cultural Chris Krafchak,
61 F.4.1 Rights under women's rights awareness ARoLP SAR-I-PUL Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Women's National and provincial Thru 30
US/USA MoWA, Cultural Chris Krafchak,
62 F.4.1 Rights under women's rights awareness ARoLP TAKHAR Septemb
ID Centers CKrafchak@usaid.gov
Islam dialogues and workshops er 2008
ARoLP/Informal
Thru 30
US/USA Justice Sector MoWA, Cultural Chris Krafchak,
63 F.2 Support Legal Aid Activities ARoLP BADGHIS Septemb
ID and Access to Centers CKrafchak@usaid.gov
er 2008
Justice

ARoLP/Informal
Thru 30
US/USA Justice Sector MoWA, Cultural Chris Krafchak,
64 F.2 Support Legal Aid Activities ARoLP BAGHLAN Septemb
ID and Access to Centers CKrafchak@usaid.gov
er 2008
Justice

ARoLP/Informal
Thru 30
US/USA Justice Sector MoWA, Cultural Chris Krafchak,
65 F.2 Support Legal Aid Activities ARoLP FARAH Septemb
ID and Access to Centers CKrafchak@usaid.gov
er 2008
Justice

ARoLP/Informal
Thru 30
US/USA Justice Sector MoWA, Cultural Chris Krafchak,
66 F.2 Support Legal Aid Activities ARoLP PAKTYA Septemb
ID and Access to Centers CKrafchak@usaid.gov
er 2008
Justice

ARoLP/Informal
Thru 30
US/USA Justice Sector MoWA, Cultural Chris Krafchak,
67 F.2 Support Legal Aid Activities ARoLP SAR-I-PUL Septemb
ID and Access to Centers CKrafchak@usaid.gov
er 2008
Justice
Develop capacity, training Thru 30
E.4.1, US/USA ARoLP/Commerci Chris Krafchak,
68 programs, advisory support for MOJ, SC ARoLP HERAT Septemb
E.4.2 ID al Court Reform CKrafchak@usaid.gov
commercial courts er 2008

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 159


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Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Develop capacity, training Thru 30


E.4.1, US/USA ARoLP/Commerci Chris Krafchak,
69 programs, advisory support for MOJ, SC ARoLP KABUL Septemb
E.4.2 ID al Court Reform CKrafchak@usaid.gov
commercial courts er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
70 D.2.1 Reform and MOJ, SC ARoLP BAGHLAN Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
71 D.2.1 Reform and MOJ, SC ARoLP BALKH Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
72 D.2.1 Reform and MOJ, SC ARoLP FARAH Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
73 D.2.1 Reform and MOJ, SC ARoLP HELMAND Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
74 D.2.1 Reform and MOJ, SC ARoLP HERAT Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
75 D.2.1 Reform and MOJ, SC ARoLP JAWZJAN Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
76 D.2.1 Reform and MOJ, SC ARoLP KABUL Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
77 D.2.1 Reform and MOJ, SC ARoLP KANDAHAR Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008

160 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
78 D.2.1 Reform and MOJ, SC ARoLP KUNAR Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
79 D.2.1 Reform and MOJ, SC ARoLP KUNDUZ Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
80 D.2.1 Reform and MOJ, SC ARoLP LAGHMAN Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
81 D.2.1 Reform and MOJ, SC ARoLP NANGARHAR Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
82 D.2.1 Reform and MOJ, SC ARoLP NIMRUZ Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
83 D.2.1 Reform and MOJ, SC ARoLP NURISTAN Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
84 D.2.1 Reform and MOJ, SC ARoLP PARWAN Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
85 D.2.1 Reform and MOJ, SC ARoLP SAMANGAN Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
86 D.2.1 Reform and MOJ, SC ARoLP SAR-I-PUL Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
87 D.2.1 Reform and MOJ, SC ARoLP URUZGAN Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
ARoLP/Law Thru 30
US/USA Compiled Laws, Translation, Chris Krafchak,
88 D.2.1 Reform and MOJ, SC ARoLP ZABUL Septemb
ID Legislative Drafting Training CKrafchak@usaid.gov
Legal Drafting er 2008
AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 161
NJP
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Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

MOJ, SC, INLTC, Al


A.2.5, Biruni University,
Thru 30
C.1.1, US/USA ARoLP/Legal Overseas Travel, Law Journal, Balkh University, Chris Krafchak,
89 ARoLP BALKH Septemb
C.1.5, ID Education Computer Training, Curriculum Herat University, CKrafchak@usaid.gov
er 2008
C.1.6 Kabul University,
Nangarhar University

MOJ, SC, INLTC, Al


A.2.5, Biruni University,
Thru 30
C.1.1, US/USA ARoLP/Legal Overseas Travel, Law Journal, Balkh University, Chris Krafchak,
90 ARoLP HERAT Septemb
C.1.5, ID Education Computer Training, Curriculum Herat University, CKrafchak@usaid.gov
er 2008
C.1.6 Kabul University,
Nangarhar University

MOJ, SC, INLTC, Al


A.2.5, Biruni University,
Thru 30
C.1.1, US/USA ARoLP/Legal Overseas Travel, Law Journal, Balkh University, Chris Krafchak,
91 ARoLP KABUL Septemb
C.1.5, ID Education Computer Training, Curriculum Herat University, CKrafchak@usaid.gov
er 2008
C.1.6 Kabul University,
Nangarhar University

MOJ, SC, INLTC, Al


A.2.5, Biruni University,
Thru 30
C.1.1, US/USA ARoLP/Legal Overseas Travel, Law Journal, Balkh University, Chris Krafchak,
92 ARoLP KAPISA Septemb
C.1.5, ID Education Computer Training, Curriculum Herat University, CKrafchak@usaid.gov
er 2008
C.1.6 Kabul University,
Nangarhar University

162 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

MOJ, SC, INLTC, Al


A.2.5, Biruni University,
Thru 30
C.1.1, US/USA ARoLP/Legal Overseas Travel, Law Journal, Balkh University, Chris Krafchak,
93 ARoLP NANGARHAR Septemb
C.1.5, ID Education Computer Training, Curriculum Herat University, CKrafchak@usaid.gov
er 2008
C.1.6 Kabul University,
Nangarhar University

MOJ, SC, INLTC, Al


Biruni University,
Thru 30
US/USA ARoLP/Legal Legal English Training Balkh University, Chris Krafchak,
94 A.1.5 ARoLP BALKH Septemb
ID Education Programs and Testing Herat University, CKrafchak@usaid.gov
er 2008
Kabul University,
Nangarhar University

MOJ, SC, INLTC, Al


Biruni University,
Thru 30
US/USA ARoLP/Legal Legal English Training Balkh University, Chris Krafchak,
95 A.1.5 ARoLP HERAT Septemb
ID Education Programs and Testing Herat University, CKrafchak@usaid.gov
er 2008
Kabul University,
Nangarhar University

MOJ, SC, INLTC, Al


Biruni University,
Thru 30
US/USA ARoLP/Legal Legal English Training Balkh University, Chris Krafchak,
96 A.1.5 ARoLP KABUL Septemb
ID Education Programs and Testing Herat University, CKrafchak@usaid.gov
er 2008
Kabul University,
Nangarhar University

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 163


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Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

MOJ, SC, INLTC, Al


Biruni University,
Thru 30
US/USA ARoLP/Legal Legal English Training Balkh University, Chris Krafchak,
97 A.1.5 ARoLP KAPISA Septemb
ID Education Programs and Testing Herat University, CKrafchak@usaid.gov
er 2008
Kabul University,
Nangarhar University

MOJ, SC, INLTC, Al


Biruni University,
Thru 30
US/USA ARoLP/Legal Legal English Training Balkh University, Chris Krafchak,
98 A.1.5 ARoLP NANGARHAR Septemb
ID Education Programs and Testing Herat University, CKrafchak@usaid.gov
er 2008
Kabul University,
Nangarhar University

Curriculum Development, Thru 30


US/USA ARoLP/Judicial BADAKHSHA Chris Krafchak,
99 C.2 Training, Training SC ARoLP Septemb
ID Training N CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
10 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP BADGHIS Septemb
0 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
10 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP BAGHLAN Septemb
1 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
10 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP BALKH Septemb
2 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
10 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP BAMYAN Septemb
3 ID Training CKrafchak@usaid.gov
Infrastructure er 2008

164 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Curriculum Development, Thru 30


10 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP DAIKONDI Septemb
4 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
10 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP GHAZNI Septemb
5 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
10 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP GHOR Septemb
6 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
10 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP HERAT Septemb
7 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
10 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP JOWZJAN Septemb
8 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
10 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP KABUL Septemb
9 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
11 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP KAPISA Septemb
0 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
11 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP KHOST Septemb
1 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
11 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP KUNAR Septemb
2 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
11 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP KUNDUZ Septemb
3 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
11 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP LAGHMAN Septemb
4 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 165
NJP
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Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Curriculum Development, Thru 30


11 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP LOGAR Septemb
5 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
11 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP NANGARHAR Septemb
6 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
11 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP NIMROZ Septemb
7 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
11 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP NURISTAN Septemb
8 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
11 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP PAKTIA Septemb
9 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
12 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP PAKTIKA Septemb
0 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
12 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP PANJSHER Septemb
1 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
12 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP PARWAN Septemb
2 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
12 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP SAMANGAN Septemb
3 ID Training CKrafchak@usaid.gov
Infrastructure er 2008

166 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Curriculum Development, Thru 30


12 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP SAR-I-PUL Septemb
4 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
12 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP TAKHAR Septemb
5 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
12 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP WARDAK Septemb
6 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
Curriculum Development, Thru 30
12 US/USA ARoLP/Judicial Chris Krafchak,
C.2 Training, Training SC ARoLP ZABUL Septemb
7 ID Training CKrafchak@usaid.gov
Infrastructure er 2008
ARoLP/Informal
Thru 30
12 US/USA Justice Sector Informal Justice Policy Chris Krafchak,
F.5 MOJ, SC ARoLP KABUL Septemb
8 ID and Access to Statement CKrafchak@usaid.gov
er 2008
Justice

ARoLP/Informal
Thru 30
12 US/USA Justice Sector Educational Materials and MoWA, Cultural BADAKHSHA Chris Krafchak,
F.4 ARoLP Septemb
9 ID and Access to Cultural Centers Centers N CKrafchak@usaid.gov
er 2008
Justice

ARoLP/Informal
Thru 30
13 US/USA Justice Sector Educational Materials and MoWA, Cultural Chris Krafchak,
F.4 ARoLP KABUL Septemb
0 ID and Access to Cultural Centers Centers CKrafchak@usaid.gov
er 2008
Justice

ARoLP/Informal
Thru 30
13 US/USA Justice Sector Educational Materials and MoWA, Cultural Chris Krafchak,
F.4 ARoLP KANDAHAR Septemb
1 ID and Access to Cultural Centers Centers CKrafchak@usaid.gov
er 2008
Justice

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 167


NJP
Part 2 Int. A Description and purpose Expected
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Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

ARoLP/Informal
Thru 30
13 US/USA Justice Sector Educational Materials and MoWA, Cultural Chris Krafchak,
F.4 ARoLP KAPISA Septemb
2 ID and Access to Cultural Centers Centers CKrafchak@usaid.gov
er 2008
Justice

ARoLP/Informal
Thru 30
13 US/USA Justice Sector Educational Materials and MoWA, Cultural Chris Krafchak,
F.4 ARoLP KUNDUZ Septemb
3 ID and Access to Cultural Centers Centers CKrafchak@usaid.gov
er 2008
Justice

ARoLP/Informal
Thru 30
13 US/USA Justice Sector Educational Materials and MoWA, Cultural Chris Krafchak,
F.4 ARoLP PANJSHIR Septemb
4 ID and Access to Cultural Centers Centers CKrafchak@usaid.gov
er 2008
Justice

ARoLP/Informal
Thru 30
13 US/USA Justice Sector Educational Materials and MoWA, Cultural Chris Krafchak,
F.4 ARoLP PARWAN Septemb
5 ID and Access to Cultural Centers Centers CKrafchak@usaid.gov
er 2008
Justice

ARoLP/Informal
Thru 30
13 US/USA Justice Sector Educational Materials and MoWA, Cultural Chris Krafchak,
F.4 ARoLP TAKHAR Septemb
6 ID and Access to Cultural Centers Centers CKrafchak@usaid.gov
er 2008
Justice

ARoLP/Informal
Thru 30
13 US/USA Justice Sector Educational Materials and MoWA, Cultural Chris Krafchak,
F.4 ARoLP URUZGAN Septemb
7 ID and Access to Cultural Centers Centers CKrafchak@usaid.gov
er 2008
Justice

168 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

ARoLP/Informal
Thru 30
13 US/USA Justice Sector Educational Materials and MoWA, Cultural Chris Krafchak,
F.4 ARoLP WARDAK Septemb
8 ID and Access to Cultural Centers Centers CKrafchak@usaid.gov
er 2008
Justice

US - CSSP
CSSP
MOJ/Central Provide evaluation, mentoring,
Kabul,
Prisons policy development, and Karen Hall,
1 E.6 US/INL MOJ/CPD CSSP Jalalabad, 3/1/2008
Department training for CPD Senior hallk2@state.gov
Mazar, Heart
Executive Leadership (Nationwide)
Leadership
CSSP
Provide evaluation, mentoring,
MOJ/Central
training, equipment to CPD for
Prisons 3/15/200 Karen Hall,
2 E.6.1 US/INL the Women Prison Staff and MOJ/CPD CSSP Kabul
Department 8 hallk2@state.gov
Female Prisoners requirements
Women In
(Nationwide)
Corrections
CSSP
Provide evaluation, mentoring,
E.6, MOJ/Central
training, equipment to MOJ-
F.2.7 Prisons Karen Hall,
3 US/INL CPD for the enhacement of MOJ/CPD/MOE CSSP Kabul 4/1/2008
thru Department hallk2@state.gov
basic literacy of Prison Staff
F.2.9 Afgan Literacy
and Prisoners (Nationwide)
Program
CSSP
Provide evaluation, mentoring,
MOJ/Central
and training for the
Prisons MOJ/CPD/UNODC/ 5/30/200 Karen Hall,
4 E.6 US/INL development of national CSSP Kabul
Department UNAMA 8 hallk2@state.gov
operating procedures
Policy
(Nationwide)
Development

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 169


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Part 2 Int. A Description and purpose Expected
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Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

CSSP
MOJ/Central
Provide evaluation, mentoring,
Prisons
training, equipment to CPD for Karen Hall,
5 E.6 US/INL Department MOJ/CPD CSSP Kabul 6/1/2008
the Emergency Responce hallk2@state.gov
Support
requirements (Nationwide)
Emergency
Response Team

Germany/GTZ
collaborate with the Afghan
governament to support
efforts of key reforms within
the judicial system. Activities
National Justice
in this area include suporting Dr. Hirbod Aminlari;
Monitoring and
1 A.3 GTZ the development and MoJ. SC.AGO GTZ Kabul Ongoing Principal Advisor (gtz-af-
Evaluaton
implemation of the natinoal hirbod@aminlari.de)
System
justice monitoring and
evaluation system, and
training key justice personnel
at the supreme court.

170 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Policemen and women are


being instructed to better
observe the principles of rule
of law and to apply them in
their daily work. As one part of
this cooperation, the police
academy is being advised on
the shaping of its curriculum,
and GTZ is has produced Dari
and Pashto legal materials on
principles of Afghan law, Kabul,
Dr. Hirbod Aminlari;
including the constitution, Mazar,
2 N/A GTZ Police Training MoI. GPPT. EUPOL GTZ Ongoing Principal Advisor (gtz-af-
police law, criminal Kunduz,
hirbod@aminlari.de)
procedures, penal code, Faizabad
juvenile law, human rights.
GTZ is undertaking this work
through a ToTwith instruction
being carried out in both the
capital and the provinces. GTZ
is doing a training in Mazar for
25 Police Officer of the Police
Manual and giong to do the
same training in 5 zones in
Afghanistan.

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 171


NJP
Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Social dialogue, public


information and education
through promotion the local
NGOs working at the provincial GTZ and
Kabul,
and distric levels. Support national
GTZ and national Mazar,
efforts to spur social dialogue NGOs such
NGOs such as AHRO, Kunduz, Dr. Hirbod Aminlari;
and organizational as AHRO,
3 F.4 GTZ Civil society AWJA, LCSAWC, Heart, Ongoing Principal Advisor (gtz-af-
development so that local AWJA,
WHSRO and Radio Ghazni, hirbod@aminlari.de)
partners are enabled to LCSAWC,
Zohra Parwan,
develop their own independent WHSRO and
Faizabad
positions on the basic themes Radio Zohra
of democracy and rule of law
and to open their views to
discussion.
Assistance to the Training
Commission of the Supreme
Court in the education of
judicial candidates and
advisory services and financing
GTZ and Kabul,
for national NGOs that seek to
national Mazar,
improve the quality and range GTZ and national
NGOs such Kunduz,
of the legal advice they NGOs such as AHRO, Dr. Hirbod Aminlari;
as AHRO, Herat
4 F.2 GTZ Access to Justice provide to vulnerable AWJA, LCSAWC, Ongoing Principal Advisor (gtz-af-
AWJA, Kandahar,
population groups such as WHSRO and Radio hirbod@aminlari.de)
LCSAWC, Ghazni,
poor women, persons in Zohra
WHSRO and Parwan,
custody pending trial, and
Radio Zohra Faizabad
prison inmates. GTZ also
supports the Ministry of Justice
as it assumes its legal aid
responsibilities, especially at
the provincial level.

172 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Part 2 Int. A Description and purpose Expected
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Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

MoI,
Increase trust, understanding
EUPOL,
and collaboration between
GPPT,
police, civil society, and formal MoI, EUPOL, GPPT, Kabul,
National Dr. Hirbod Aminlari;
Confidence justice officals. Activities National NGO's and Mazar,
5 F.4 GTZ NGO's and Ongoing Principal Advisor (gtz-af-
Building include facilitated discussions, representatives from Kunduz,
representati hirbod@aminlari.de)
workshops, visits to schools, Afghan civil society Faizabad
ves from
integrated trainings and social
Afghan civil
discourse.
society

UNAMA/UNDP
Kabul HQ
Rule of Law
Unit,
The Provincial Justice
Kunduz,
Italy, Coordination Mechanism
Heart,
USA, Support to (PJCM) will help improve the
Jalalabad, 1 May
Canada Provincial Justice delivery of justice assistance in
UNAMA/UN Gardez/Khos 2008 – al-zwainil@un.org,
1 A.3 , Coordination the provinces consistent with MoJ, SC, AGO
DP t, Kandahar, 30 April heather.barr@undp.org
German Mechanism the National Justice Sector
Bamyan 2009
y and (PJCM) Strategy and the National
Mazar-e-
UNAMA Justice Programme of
Sharif and
Afghanistan.
Kabul
Central Field
Office

Norway
Anticorruption program for Min
1 A.6 Norway Anti-corruption Italy UNDP Kabul Sep-07 nils.taxell@undp.org
of Finance and Min of Justice

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 173


NJP
Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

NORAF
(Norwegian
project for
CNPA/Counter 3 Police advisors training and
2 E.2.4 Norway CNPA support to Kabul 2004 h.hartz@hotmail.com
Narcotic Police mentoring (Norwegians police)
police in
Afghanistan
)
Training and monitoring CJTF
CJTF/Criminal
by 2 judges, 1 prosecuter, 1 Norwegian
3 E.2.4 Norway Justice Task CJTF, UK, USA Kabul 2005 terje.nyboe@hotmail.com
lawyer and 1 police(all Advisors
Force
Norwegians)
Training at the police academy
4 N/A Norway Police reform by 2 police advisors Policeacademy NORAF Kabul 2007 h.hartz@hotmail.com
(Norwegian police)
Training female police
5 N/A Norway Police reform (separate program) by 3 police Policeacademy NORAF Kabul 2005 h.hartz@hotmail.com
advisors (Norwegian police)
Secretariat International Police
6 N/A Norway Police reform Coordination Board (1 IPCB NORAF Kabul 2007 h.hartz@hotmail.com
Norwegian Police advisor)
Training and mentoring local
7 N/A Norway Police reform police by 8 police advisors Faryab police NORAF Faryab 2007 h.hartz@hotmail.com
(Norwegian police)
Training and mentoring head
Norwegian Faryab prision Norwegian
8 E.6 Norway of prision facilities (Norwegian Faryab 2007 terje.nyboe@hotmail.com
Advisors authorities Advisors
prison advisors)

F.2.4
Gender and
9 thru Norway Gender and Justice Program UNIFEM Kabul 2007
Justice
F.2.6

174 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

UNODC
Kabul,
Anticorruption program for selected matteo.pasquali@unodc.o
1 A.6 Canada Anti-corruption UNICRI UNODC ongoing
MoJ, SC and AGO provinces rg
(TBC)
Kabul,
Kandahar,
D.2, Legisaltive Reform, Training of matteo.pasquali@unodc.o
2 Canada Criminal Justice UNICRI, ISISC UNODC Kunduz, ongoing
D.3, E.3 Judges and Prosecutors rg
Heart,
Bamyan
Kabul,
D.2, Italy/Ir Legisaltive Reform, Training of Herat, matteo.pasquali@unodc.o
3 Criminal Justice ISISC UNODC ongoing
D.3, E.3 eland Judges and Prosecutors Bamyan, rg
Baghlan
Training of penitentiray staff, Kabul,
Penitentiray linda.garwood-
4 B.1, E.6 Italy Construction of prisons in UNOPS UNODC Paktya, ongoing
Reform filbert@unodc.org
Paktya and Balkh provinces Balkh
E.6, Training female penitentiray Kabul,
F.2.4 Penitentiary staff, Vocational and Kandahar, linda.garwood-
5 Austria UNODC ongoing
thru Reform Educational programs for Herat, Balkh, filbert@unodc.org
F.2.6 female inmates Nangarhar
EC/Lith Criminal Justice programme in matteo.pasquali@unodc.o
6 C.3 Criminal Justice ISISC UNODC Ghor ongoing
uania Ghor province rg

UK

£2.5m Contribution to ARTF


Justice Sector Reform
See Part
Programme - infrastructure, Kabul,
2 Justice Sector World
1 UK HR managment, MoJ, AGO, SC provinces l-ecclestone@dfid.gov.uk
Overvie Reform Project Bank/ARTF
training/professional (tbc)
w
development, access to
justice.

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 175


NJP
Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

To deliver a CN justice system


able to deal with serious
UK
narcotics offenders in
(with British
Criminal Justice Afghanistan. The CJTF brings
2 E.2.4 US, MoJ, AGO, SC Embassy, Kabul ongoing Sonia.sahota@fco.gov.uk
Task Force together investigators,
Norway Kabul
prosecutors and judiciary to
)
work towards successful
narcotics prosecutions.
In accordance with MOJ 5-
UK year strategic plan construct
(Helma prisons in accordance with
nd international standards that
Rebuilding Lashkar Gar,
PRT/Bri include facilties for women
3 B.1 prisons in MoJ Helmand Sangin, ongoing Ian.turner@fco.gov.uk
tish and juveniles. Construct new
Helmand Gereshk
Embass MOJ prison in Lashkar Gah
y, and detention centers in
Kabul) Gerseshk,Sangin and Musa
Qala.
To provide a more effective
and professional workforce,
UK
the central prison department
(British Prison/detention MoJ Central Prison UK Prison
4 C.3 and National Security Kabul ongoing Ian.turner@fco.gov.uk
Embass trainers Dept, NDS Service
Directorate needs extensive
y)
support,including professional
training
UK
To identify viable alternatives
(Foreig International
to custodial sentences in
n Alternatives to Centre for
5 E.6 Afghanistan and explore the MoJ UK Apr-08 saddaf.kiani@fco.gov.uk
Office, Custody Study Prison
options for decreasing the use
London Studies
of pre-trial custody.
)

176 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Part 2 Int. A Description and purpose Expected
No Title of project/ Institutional Implementin Name/email of contact
Log gency/ (specify: Location Date of Remarks
. cathegory* Counterpart/partners g Agency person
Frame Donor activities/beneficiares) project
Row #

Facilitate the development and


implementation of
UK
programmes aimed at
(Helma Helmand Justice Helmand justice
6 A.3 strengthening the rule of law Lashkar Gar ongoing Lorna.hall@fco.gov.uk
nd Sector Advice institutions
and the criminal justice system
PRT)
in Helmand, in line with the
National Justice Strategy.

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 177


ATTACHMENT 1
Attachment 1 aims to identify all current and recently completed programmes related to the justice
sector, and organizes them according to the sub-programmes in the NJSS. Attachment 1 provides
details about such programmes, including the location of programmatic activities, project
descriptions, implementing partners, and project timeframes. Data in Attachment 1 have been
provided by donors and their implementing agencies. The information may not be comprehensive,
and has not been compiled in the manner and form used in the JCMB monitoring matrix.
Nevertheless, Attachment 1 gives a reasonable indication of the scope of ongoing justice sector
activities, thereby facilitating the identification of gaps between existing programmes and the
priorities set forth in the NJSS. The NJP envisages that Attachment 1 will be continuously updated
and improved by the Programme Support Unit described further below, with the cooperation and
assistance of all justice sector actors.

178 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


A.  Donor Activity Matrix ­ National Level 
UNAMA Rule of Law Unit
Update 13/03/2008
NJP
Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
Italy
Study tour, judges and
A Brighter
prosecutors trainings, support to MoL, MoI,
Childhood:
the civil society on the fight MoF, MoW, 12/2006 -
bis E.7.4 Italy - OIM Tackling Child maurizio.dicalisto@esteri.it
against trafficking of minors. AGO, SC, 04/2008
Trafficking in
Support to the victims of MoE, NGOs
Afghanistan
trafficking.
Training of 250 prosecutors,
Interim training training of 50 head of jurisdiction
MoJ, SC, 7/2003 -
1 C.3 Italy - IDLO for the afghan and officials from MoJ. 2 Study maurizio.dicalisto@esteri.it
AGO 12/2004
judiciary tour for 20 participants in Egypt
and Italy
Training the
trainers: Course Training of 120 judges,
MoJ, SC, 5/2004 -
2 C.3 Italy - ISISC on the Interim prosecutors, police officers, maurizio.dicalisto@esteri.it
AGO 6/2004
Criminal lawyers and MoJ officials
Procedure Code
Courses on the interim Procedure
Criminal Code, training of central
Provincial justice MoJ, SC, 8/2005 -
3 C.3 Italy - ISISC authorities, support to the maurizio.dicalisto@esteri.it
Initiative AGO 9/2007
establishment of a network to
monitor judicial system
Rehabilitation
Secondment of a ISISC legal Italian 8/2007 -
3 bis N/A Italy - ISISC and support of maurizio.dicalisto@esteri.it
expert to the Italian embassy Embassy 12/2007
the Afghan
AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 179
NJP
Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
judicial and
penitentiary
system
Italy - National Legal 2005 -
4 C.2, C.3 Building of the NLTC centre NLTC - MoJ maurizio.dicalisto@esteri.it
UNOPS Training Centre 05/2007
Higher education Development of curricula for
MoE, Kabul
5 C.2, C.3 Italy programme in training of judges, prosecutors Dec-06 maurizio.dicalisto@esteri.it
University
judicial disciplines and lawyers
Survey on detained children in
Legal Assistance
Italy - LAOA conflict with the law. Implement 3/2007 -
7 E.7.1 to minors and MoJ maurizio.dicalisto@esteri.it
- UNICEF an assistance program on 12/2007
indigents
indigent detainees
National Security Provide infrastructures to the 09/2005 -
8 B.1 Italy - NBCC NSC maurizio.dicalisto@esteri.it
Court National Security Court 02/2006
Afghanistan Capacity building and training
Justice System activities to prosecutors, judges MoJ, SC, 2002 -
11 C.3 Italy - IDLO maurizio.dicalisto@esteri.it
Trust Fund and lawyers in Kabul and in the AGO 2008
contribution provinces
Enhancing the Training of judiciary officials;
capacity of legal training on legal drafting,
MoJ, SC, 2005 -
12 D.3.2 Italy - IDLO professionals in capacity building activities within maurizio.dicalisto@esteri.it
AGO, INLC 2007
Afghanistan - the National Legal Training
first phase Centre
Technical assistance in the
Increasing
development of the Independent MoJ, SC,
Afghanistan
National Legal Training Centre. AGO, INLC, 3/2007 -
13 C.2 Italy - IDLO capacity for maurizio.dicalisto@esteri.it
Training for officials in Kabul 8/2008
sustainable legal
government ministers. Support to University
reform
the Faculty of Sharia at Kabul

180 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
University
Support to the implementation of
Italy - Gender justice 2003 -
14 C.1 CEDAW within the Afghan legal Gov. of Afgh. maurizio.dicalisto@esteri.it
UNIFEM programme 2005
system
Legal services for women,
Italy - Violence against Afghan 2007 -
14 bis E.2.6 Training, Provision of shelter, maurizio.dicalisto@esteri.it
UNIFM women Women 2008
Organisation of referral centres
Rebuilding the
B.1, C.2, Provide infrastructures and MoJ, SC, 2003 -
15 Italy - UNDP justice sector of maurizio.dicalisto@esteri.it
C.3 training to the justice institutions AGO 2005
Afghanistan
Afghan Interim Contribution of the reconstruction MoJ, SC, 2002 -
16 F.2 Italy - UNDP maurizio.dicalisto@esteri.it
Authority Fund of afghan judicial system AGO 2007
Contribution of the reconstruction MoJ, SC,
Italy - UNDP Access to justice 2006 -
17 F.2 of afghan judicial system in the AGO, Ministry maurizio.dicalisto@esteri.it
- ISISC at district level 2009
provinces of Women
construction of a department of
Reform of the minor affaires within the MoJ. MoJ, Juvenile
E.7, Italy -
18 juvenile justice Construction of court of minors, Justice of 2003 maurizio.dicalisto@esteri.it
E.6.3 UNODC
system in Kabul. Construction of Kabul
detention centre for minors.
Revision of penitentiary
Reform of the
B.1.1, legislation. Construction of the MoJ, Central
Italy - penitentiary 2003 - on
19 E.3.6, Central Prison Department. Prison maurizio.dicalisto@esteri.it
UNODC system in going
E.3.7 Construction of detention centres department
Afghanistan
for women and children
Criminal law and Revision of legislation on drug
B.1.1,
Italy - criminal justice trafficking, terrorism, extradition. 2003 - on
20 E.3.6, MoJ, AGO maurizio.dicalisto@esteri.it
UNODC capacity building Start up of Justice Support going
E.3.7
in Afghanistan centres in selected provinces

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 181


NJP
Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
Revision of the penitentiary
Prison system
B.1.1, regulations. Enhance of
Italy - reform - 2004 - on
21 E.3.6, professionalism of the MoJ maurizio.dicalisto@esteri.it
UNODC extension to the going
E.3.7 penitentiary staff. Enhance
provinces
detention infrastructures
Support the
Reform of the
Juvenile Justice
sector and the
Italy - Establishment of a rehabilitation 2003 -
22 E.6.3 development of a MoJ maurizio.dicalisto@esteri.it
UNICEF centre for minors in Kabul 2007
child-right based
legislative
framework in
Afghanistan
Infrastructures
Construction of provincial facilities
and equipment 2007 -
23 B.3 Italy - IMG and procurement of vehicles for Gov. of Afg. maurizio.dicalisto@esteri.it
for Justice 2008
judicial institutions in Afghanistan
Institutions
US
Build the capacity of the Afghan
legal community to provide legal
JSSP Legal education and training through its
MOJ, AGO,
1 C.2.1 US/INL Education and legal institutions. Advise and Karen Hall, hallk2@state.gov
INLTC
Training metor the Board of Directors of
the Independent National Legal
Training Center.
Assist in reforming criminal
A.4, JSSP Legal justice laws and develop ethical
1 US/INL AGO Karen Hall, hallk2@state.gov
E.1.2 Reform and professional standards and
performance.

182 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
Propose reforms and
JSSP
A.1, restructuring of the AGO to
1 US/INL Reorganization of AGO Karen Hall, hallk2@state.gov
E.1.8 include a case tracking system
the AGO
and a personnel database.
Support and conduct short, mid
JSSP Prosecutor and long term prosecutor
1 C.2, C.3 US/INL AGO Karen Hall, hallk2@state.gov
Training trainings with standard lesson
plans and curriculums.
Advise the Attorney General and
JSSP AGO
his staff develop strategies for
1 A.1 US/INL Strategy and AGO Karen Hall, hallk2@state.gov
reforming the AGO, including an
Advice
effective front office.
Support, mentor and advise
JSSP police/prosecutors.Develop
1 E.1.2 US/INL Police/Prosecutor standard operating procedures AGO, MOI Karen Hall, hallk2@state.gov
Coordination and organize the MOI-AGO
Commission.
Assist the AGO in developing an
A.6, anti-corruption strategy and
JSSP Anti-
1 E.2.7, US/INL mentor prosecutors to target, AGO Karen Hall, hallk2@state.gov
Corruption
E.2.8 investigate, and prosecute
corruption cases.
Assist the Afghan Prosecutors
JSSP Afghan Association (APA) to organize and
1 A.4 US/INL Prosecutors establish itself in the AGO. Advise AGO Karen Hall, hallk2@state.gov
Association the APA on structure, priorities,
activities, and goals.
JSSP Gender Improve the capacity and
1 E.2 US/INL AGO, MOI Karen Hall, hallk2@state.gov
Justice effectiveness of the AGO and MOI

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 183


NJP
Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
to detect and prosecute gender
crimes.
Comprehensive provincial criminal
JSSP Provincial justice system assessment
MOJ, SC,
1 A.3.4 US/INL Justice including customary law in Herat, Karen Hall, hallk2@state.gov
AGO, MOI
Assessment Balkh, Kunduz, and Nangarhar
provinces.
Improve legal aid and criminal
defense capacities. Completed a
MOJ, Legal
criminal defense capacity
Aid
JSSP Legal Aid assessment in Herat, Balkh,
3 F.2.1 US/INL Organization Karen Hall, hallk2@state.gov
and Defense Kunduz, and Nangarhar provinces
of
along with a plan to develop or
Afghanistan
improve defense capacity and
comptency in those provinces.
Stengthen MOJ planning,
coordination, policy capacity, and
JSSP MOJ administration to select
4 A.1 US/INL MOJ Karen Hall, hallk2@state.gov
Support departments (Huquq, Taqnin,
Government Case, and
Administration).
Provide infrastructure rental,
JSSP MOJ
4 B.1, B.3 US/INL equipment, and supplies for the MOJ Karen Hall, hallk2@state.gov
Support
MOJ.
JSSP AGO Provide equipment, supplies, and
6 B.1, B.3 US/INL AGO Karen Hall, hallk2@state.gov
Logistic Support security support for AG.
ANA International
Provide training in military justice, Col. Rick Fay, fayr@cfc-
1 N/A US/CSTC-A Military Legal MOD
utilizing international experts. a.centcom.mil
Training

184 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
Anti-Money
Improve anti-money laundering Gretchen Biery,
1 E.2.4 US/Treasury Laundering Central Bank
capacity and financial intel. bierygm@stat.gov
Advisor to DAB
JSSP Provincial Comprehensive provincial criminal
MOJ, SC,
1 A.3.4 US/INL Justice justice system assessment Karen Hall, hallk2@state.gov
AGO, MOI
Assessment including customary law
Court Improve overall admin and case Ray Johansen,
2 E.1 US/USAID MOJ, SC
Administration management RJohansen@usaid.gov
Commercial Develop capacity, training Ray Johansen,
2 E.4.1 US/USAID MOJ, SC
Court Reform programs, advisory support RJohansen@usaid.gov
Study tour for 4 judges (2006),
Afghan women
distribution of legal texts, legal
judges judicial
3 A.2.4 US/INL awareness trianing, capacity- SC, AWJA Karen Hall, hallk2@state.gov
education
building of Afghan Women
program
Judges Association (2007)
F.2.2, JSSP Legal Aid Improve legal aid and criminal
3 US/INL SC, MOJ Karen Hall, hallk2@state.gov
F.2.3 and Defense defense capacities
F.2.4, MoWA,
Women's Rights National dialogs, provincial Ray Johansen,
3 F.2.5, US/USAID Cultural
Under Islam dialogs RJohansen@usaid.gov
F.2.6 Centers
F.2.1, CERP-Public
Provide access to criminal Defense Col. Rick Fay, fayr@cfc-
3 F.2.2, US/CFC-A Defense
defense services for indigents Lawyers a.centcom.mil
F.2.3 Development
CSSP
E.3.6, MOJ/Central
Capacity building and technical
4 E.3.7, US/INL Prisons MOJ Karen Hall, hallk2@state.gov
advice to MOJ/CPD
E.6 Department
Advisor

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 185


NJP
Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
JSSP MOJ Stengthen MOJ planning,
4 A.1 US/INL MOJ Karen Hall, hallk2@state.gov
Support coordination, policy capacity
Evaluation & Assessment of
Justice Sector Justice sector(nationwide) MOJ, AGO, Col. Rick Fay, fayr@cfc-
4 A.3.4 US/CFC-A
Assessment through civilian mentors, PRTs MOI, SC, a.centcom.mil
civil affairs personnel
Afghan National
Provide mentoring, training,
Army--General Col. Rick Fay, fayr@cfc-
4 N/A US/CSTC-A equipment to ANA justice officials MOD
Staff Legal a.centcom.mil
(Nationwide)
Mentors
Support to ANDS ANDS, MOJ,
Provide support/coordination, as Col. Rick Fay, fayr@cfc-
4 A.3 US/CFC-A Consultative AGO, MOI,
appropriate, to CG process a.centcom.mil
Groups SC
Provide mentoring and training at
KMTC Legal Col. Rick Fay, fayr@cfc-
4 N/A US/CSTC-A the ANA's recruit and training MOD
Advisors a.centcom.mil
commands.
Provide embedded mentoring and
Corps-Level ANA Col. Rick Fay, fayr@cfc-
4 N/A US/CSTC-A training to Corps-level Staff Judge MOD
Legal Advisors a.centcom.mil
Advocates
ANA Court of Provide mentoring and training to Col. Rick Fay, fayr@cfc-
4 N/A US/CSTC-A MOD
Military Appeals ANA's appellate court. a.centcom.mil
Coordination of Provide coordination of US
MOJ, MOI, Col. Rick Fay, fayr@cfc-
4 A.3 US/CFC-A US military ROL military ROL initiatives as directed
SC, AGO, a.centcom.mil
initiatives by US Embassy ROL Coordinator
Provide mentoring and training Col. Rick Fay, fayr@cfc-
5 A.4 US/CSTC-A Ethics MOD, MOI
on ethics laws and regulations. a.centcom.mil
Ministry of Mentor ANP Legal Affairs Chief Col. Rick Fay, fayr@cfc-
5 N/A US/CSTC-A MOI
Interior & Afghan and his staff; assist other MOI a.centcom.mil

186 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
National Police and ANP directorate heads with
Mentoring anti-corruption initiatives, written
policies and draft legislation;
advise on major cases.
Evaluate quality of Afghan legal
ANP Legal support rendered within MOI and
Col. Rick Fay, fayr@cfc-
5 N/A US/CSTC-A Monitoring and ANP. Monitor and evaluate MOI
a.centcom.mil
Evaluation observance by MOI and ANP
leadership to Rule of Law.
Provide advice to ANP Internal
ANP Internal
Affairs, Human Rights and Col. Rick Fay, fayr@cfc-
5 N/A US/CSTC-A Monitoring MOI
Inspections staff on probes of a.centcom.mil
Mentoring
matters under their cognizance.
Court, Administration, Prison, and MOJ, SC, Ray Johansen,
6 B.1 US/USAID Infrastructure
Other Construction AGO, MOI RJohansen@usaid.gov
CFC-A Prison Survey of all CPD prison facilities Col. Rick Fay, fayr@cfc-
6 B.1.2 US/CFC-A MOJ
Survey (Nationwide) a.centcom.mil
JSSP AGO Provide equipment, supplies,
6 B.1, B.3 US/INL AGO Karen Hall, hallk2@state.gov
Logistic Support security support for AG
Assist ANP Legal Affairs Chief
Afghan National with resource needs such as
Col. Rick Fay, fayr@cfc-
6 N/A US/CSTC-A; Police (ANP) equipment and manning MOI
a.centcom.mil
Legal Mentoring (“tashkil” process for additional
billets)
ANP Procurement Advise on contact and Col. Rick Fay, fayr@cfc-
6 N/A US/CSTC-A MOI
Law Mentoring procurement law and policy. a.centcom.mil
CERP-Other Courthouses, justice
MOJ, SC, Col. Rick Fay, fayr@cfc-
6 B.1 US/CFC-A Infrastructure administration buildings, other
AGO a.centcom.mil
(New related construction

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 187


NJP
Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
Construction &
Rehabilitation)
ANA Military
Court Houses Build court houses at each Col. Rick Fay, fayr@cfc-
6 N/A US/CSTC-A MOD
(New Corps/Basic Court location. a.centcom.mil
Construction)
ANA Legislative Assist in Drafting Laws and
Col. Rick Fay, fayr@cfc-
7 N/A US/CSTC-A Drafting Regulations Affecting Military MOD
a.centcom.mil
Assistance Justice
A.2.5, MOJ, SC,
C.1.1, Overseas Travel, Law Journal, Kabul Ray Johansen,
8 US/USAID Legal Education
C.1.5, Computer Training, Curriculum University, RJohansen@usaid.gov
C.1.6 NLTC
D.1.2, Law Reform and Compiled Laws, Translation, Ray Johansen,
8 US/USAID MOJ, SC
D.2.1 Legal Drafting Legislative Drafting Training RJohansen@usaid.gov
CSSP Corrections Curriculum Development,
8 E.6.2 US/INL MOJ, NCTC Karen Hall, hallk2@state.gov
Officer Training Training, National Training Center
CSSP Prison
Supports and develops capacity
8 B.1 US/INL Engineering MOJ Karen Hall, hallk2@state.gov
from design to renovation
Development
Thru
30
ARoLP/Court Improve overall admin and case Chris Krafchak,
2 E.3, E.4 US/USAID MOJ, SC Septe
Administration management CKrafchak@usaid.gov
mber
2008
Thru 30
ARoLP/Court Improve Supreme Court Chris Krafchak,
A.1 US/USAID MOJ, SC September
Management management capacity CKrafchak@usaid.gov
2008

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ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
Thru 30
ARoLP/Commerci Develop capacity, training Chris Krafchak,
2 E.4 US/USAID MOJ, SC September
al Court Reform programs, advisory support CKrafchak@usaid.gov
2008
F.2.4, ARoLP/Women's MoWA, Thru 30
National dialogues, provincial Chris Krafchak,
3 F.2.5, US/USAID Rights Under Cultural September
dialogues CKrafchak@usaid.gov
F.2.6 Islam Centers 2008
MOJ, SC,
INLTC, Al
Biruni
University,
A.2.5, Balkh
Thru 30
C.1.1, ARoLP/Legal Overseas Travel, Law Journal, University, Chris Krafchak,
8 US/USAID September
C.1.5, Education Computer Training, Curriculum Herat CKrafchak@usaid.gov
2008
C.1.6 University,
Kabul
University,
Nangarhar
University
MOJ, SC,
INLTC, Al
Biruni
University,
Balkh
Thru 30
ARoLP/Legal Legal English Training Programs University, Chris Krafchak,
A.1.5 US/USAID September
English Training and Testing Herat CKrafchak@usaid.gov
2008
University,
Kabul
University,
Nangarhar
University

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Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
ARoLP/Law
Thru 30
Reform and Compile Laws, Translation, Chris Krafchak,
8 D.2.1 US/USAID MOJ, SC September
Legislative Legislative Drafting Training CKrafchak@usaid.gov
2008
Drafting
Thru 30
ARoLP/Judicial Curriculum Development, Chris Krafchak,
8 C.2 US/USAID SC September
Training Training, Training Infrastructure CKrafchak@usaid.gov
2008
ARoLP/Informal
Educational Materials, Cultural MoWA, Thru 30
Justice Sector Chris Krafchak,
9 F.4, F.5 US/USAID Centers, Informal Justice Policy Cultural September
and Access to CKrafchak@usaid.gov
Statement Centers 2008
Justice
CSSP
MOJ/Central Counter Narcotics Justice Center
E.2.4 US/INL Prisons coordination and Corrections staff MOJ Karen Hall, hallk2@state.gov
Department training
Advisor
CSSP
MOJ/Central
Prisons Stengthen CPD planning,
A.1 US/INL MOJ Karen Hall, hallk2@state.gov
Department coordination, policy capacity
Administrative
Support
CSSP
MOJ/Central Provide evaluation, mentoring,
Prisons training, equipment to CPD for
B.3 US/INL MOJ Karen Hall, hallk2@state.gov
Department the prisoner transportation
Transportation requirements (Nationwide)
Program
E.6 US/INL CSSP Provide evaluation, mentoring, MOJ Karen Hall, hallk2@state.gov

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Consolidat Institutiona
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ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
MOJ/Central training, equipment to CPD for
Prisons Industrial Program improvements
Department (Nationwide)
Industries
Program
CSSP
MOJ/Central Provide evaluation, mentoring,
Prisons policy development, and training
E.6 US/INL MOJ Karen Hall, hallk2@state.gov
Department Re- for re-integration of incarcerated
integration persons (Nationwide)
Program
Strengthening
capacity building and reform of
A.1 thru the Justice Guillaume Teerling,
4 NL justice institutions, provide UNDP 2006-2007
A.6 System of guillaume.teerling@minbuza.nl
technical assistance and training
Afghanistan
Netherlands
Training Exchange and training
Institute for Yvonne Stassen,
8 D.3 NL members of programme of members of 2006-2007
Multiparty yvonne.stassen@minbuza.nl
parliament parliament
Democray
NL
Promote Transitional
ICTJ (in Last
Promoting Justice support the Action
partnership with Guillaume Teerling, update
1 F.6 NL Transitional Plan in all its facetsovide 2006-2007
AIHRC and guillaume.teerling@minbuza.nl 27/Sep/20
Justice support staff for GoA focal
UNAMA) 07
point on Transitional Justice
Transitional Provide support staff for
Presidential Palace, Guillaume Teerling,
1 F.6 NL Justice - support GoA focal point on 2006-2007
MoFA, AIHRC guillaume.teerling@minbuza.nl
staff Transitional Justice
1 F.6 NL Open up archives Open up archives on Dutch Afghanistan Center 2006-2007 Paul van de Logt, paul-

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ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
on war crimes investigations and sources Kabul University vande.logt@minbuza.nl
on Afghan war crimes
capacity building and
Strengthening
reform of justice
A.1 thru the Justice Guillaume Teerling,
4 NL institutions, provide UNDP 2006-2007
A.6 System of guillaume.teerling@minbuza.nl
technical assistance and
Afghanistan
training
Netherlands
Training Exchange and training
Institute for Yvonne Stassen,
8 D.3 NL members of programme of members of 2006-2007
Multiparty yvonne.stassen@minbuza.nl
parliament parliament
Democray
Egyptian Embassy/ EFTC
Last
Egyptian Advanced field training
Egyptian Police current update
1 E.2.4 Embassy/ Law enforcement seminar for Anti-Narcotics karimsharaf@hotmail.com
Academy , MOCN year 27/Sep/20
EFTC Officers 07
500 fellowships for Afghan
students to study Sharia
Egyptian
and Law at Al-Azhar current
8 C.1.5 Embassy/ Building Capacity Al-Azhar university, karimsharaf@hotmail.com
University for for years, year
EFTC
with an avarage of 80
scholarship per year
Visiting Scholars
Program:30 Egyptian
Egyptian Professors specialized in
current
8 C.1.5 Embassy/ Building Capacity Sharia, Islamic Al-Azhar university karimsharaf@hotmail.com
year
EFTC Jurisprudance, Gender
issues, Criminal Law and
Human Rights

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Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
Canada
Deploying Corrections
Advisor to UNAMA to help
establish professional
correctional service that CIDA is a
Corrections respects rule of law and Catherine Bloodworth Canadian
4 E.6 Canada Advisor to international human rights UNAMA 2003-2009 (catherine.bloodworth@interna Gov
UNAMA standards and practices. tional.gc.ca) Departme
Duties include advising nt
UNAMA and Ministry of
Justice and liaising with
donors.
Contributed to CNTF to
assist GoA in fighting illicit
drug production and
Catherine Bloodworth
Counter Narcotics implementing National
1 E.2.4 Canada UNDP 2006-2008 (catherine.bloodworth@interna
Trust Fund Drug Control Strategy.
tional.gc.ca)
Contribution was
earmarked for Alternative
Livelihoods
Canada-UNODC
Supporting various UNODC United Nations Catherine Bloodworth
Afghanistan
1 E.2.4 Canada programs trargetting Office on Drugs 2005-2009 (catherine.bloodworth@interna
Counter Narocitcs
counter narcotics. and Crime tional.gc.ca)
Program
Supporting gender advisor 2005-2008
within MOI to foster more (2007-2008
F.2.4 Gender Advisor Georgina Wogley
gender-balanced police funding
1 thru Canada to the Ministry of CANADEM (georgina.wigley@international
organisation that operates awaiting
F.2.6 the Interior .gc.ca)
under rule of law and final
human rights principles and approval)

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 193


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ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
actively protects women
and girls. Activities include
training and mentoring
Afghan policewomen
Supporting IDLO to
improve access to justice
A.1,
through legal aid, training International Nadir Habib
F.2.1 Strengthening
3 Canada of prosecutors, judges, and Development and 2004-2007 (nadir.habib@international.gc.c
thru the Rule of Law
public defenders, and Law Organization a)
F.2.3
enhancing court
administration.
Supporting International
Legal Foundation (ILF) and
International Criminal
Defence Attorneys
Associate (ICDAA) to build
infrastructure for public
defence system (legal aid) CANADEM,
throughout Afghanistan International Legal
through International Legal Foundation (ILF,
F.2.1 Support to Legal Nadir Habib
Foundation-Afghanistan. and International
3 thru Canada Aid Afghanistan 2005-2010 (nadir.habib@international.gc.c
Activities include setting up Criminal Defene
F.2.3 (LAA) Project a)
offices, training and Attorneys
mentoring lawyers Association
delivering defence services (ICDAA)
to the poor and conducting
workshops for all
stakeholders. Now
supporting ICDAA and ILF
to consolidate institutional
capacity of their five legal

194 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
aid offices under ILF-A as a
single national service
provider. These legal aid
offices will be overseen by
new Afghan Board of
Directors, that will also
engage Afghan
Government in formulating
viable national legal aid
policy framework.
Assisting GoA to disband
Disbandment of and disarm illegal armed UNDP/Afghanistan Nasir Ebrahimkhail
5 N/A Canada Illegal Armed groups to set conditions for New Beginnings 2005-2009 (nasir.ebrahimkhail@internatio
Groups good governance and rule- Program (ANBP) nal.gc.ca)
of-law
Supporting priority project
identified by the
Translation and Afghanistan Supreme Court
Catherine Bloodworth
Publication Unit at the Rome Rule of Law
A.1.5 Canada UNDP 2008-2009 (catherine.bloodworth@interna
in the Supreme Conference for the creation
tional.gc.ca)
Court of a translation and
publication unit at the
Court.
Supporting priority project
identified by the
Public Legal
Afghanistan Ministry of
Awareness Catherine Bloodworth
F.4 Canada Project in the Justice at the Rome Rule of UNDP 2008-2009 (catherine.bloodworth@interna
Law Conference to address tional.gc.ca)
Ministry of
the need for public legal
Justice
awareness via (a)
delivering a nation-wide
AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 195
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Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
public legal awareness
campaign; and (b)
strengthening the capacity
of the Ministry of Justice to
conduct on-going public
legal awareness initiatives.
Supporting deployment of
Justice Canada lawyer and
reach-back capacity of
Department of Justice, to
help standardise legislative
drafting process and
Capacity Building
improve legislative drafting
Project in the Catherine Bloodworth
capacity within the MoJ. DFAIT/Justice
D.3 Canada Minisry of Justice 2008-2009 (catherine.bloodworth@interna
Some emphasis will also be Canada
Legislative tional.gc.ca)
placed on improving access
Drafting Unit
to legislative and policy
development. Legal texts,
information technology and
other resources will be
provided to Ministry as
required.
Supporting Rights and
Democracy to launch International
Rights in debate and activities Centre for Human
F.2.4 Practice: around women's rights and Rights and Caroline Delany
thru Canada Women's Rights family law reform in Democratic 2007-2011 (caroline.delany@international.
F.2.6 and Family Law Afghanistan. Activities Development gc.ca)
Reform include working with (Rights and
Afghan civil society to Democracy)
conduct research and

196 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
design advocacy strategies
in favour of family law
reform, including engaging
mullahs and community
leaders on more
progressive forms of family
law in which women's
rights are protected.
Supporting broadcast radio
programs aimed at
Broadening the providing forum for: (1)
Afghanistan
Constituency of victims of human rights Catherine Bloodworth
Natioanal
F.6 Canada Transitional abuses to tell their stories; 2007-2008 (catherine.bloodworth@interna
Participation
Justice in and (2) transitional justice tional.gc.ca)
Association
Afghanistan experts to educate public
with regard to transitional
justice action plan.
Supporting victim networks,
local civil society initiatives,
Towards a Just
and the Afghansitan
Peace: International Catherine Bloodworth
Independent Human Rights
F.6.2 Canada Transitional Centre for 2007-2008 (catherine.bloodworth@interna
Commission (AIHRC) in
Justice Programs Transitional Justice tional.gc.ca)
documenting and
in Afghanistan
addressing human rights
violations.
Providign core budget
Afghanistan
support to AIHRC. This Nadir Habib
Indpendent
N/A Canada builds on 2002-2003 AIHRC 2007
Human Rights (nadir.habib@international.gc.c
funding to AIHRC to
Commission a)
advance women's rights,
(AIHRC)
human rights education
AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 197
NJP
Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
and transitional justice.
CIDA

Contributed to CNTF to
assist GoA in fighting illicit
drug production and Last
Rory O'Connor
Counter Narcotics implementing National update
1 E.2.4 CIDA UNDP 2006 (rory.o'connor@international.g
Trust Fund Drug Control Strategy. 27/Sep/20
c.ca)
Contribution was 07
earmarked for Alternative
Livelihoods
Working with UK and
Belgium to support UNODC
to increase capacity of
justice professionals to
Counter-
prosecute high-profile drug United Nations Linda Libront
Narcotics
1 E.2.4 CIDA traffickers. Project Office on Drugs 2005-2007 (linda.libront@international.gc.
Capacity Building
objectives include: building and Crime ca)
Project
capacity of judges,
prosecutors and
investigation unit officers;
improving physica
Supporting gender advisor
within MOI to foster more 2005-2008
gender-balanced police
(2007-2008
Gender Advisor organisation that operates Linda Libront
funding
1 N/A CIDA to the Ministry of under rule of law and CANADEM (linda.libront@international.gc.
awaiting
the Interior human rights principles and ca)
final
actively protects women approval)
and girls. Activities include
training and mentoring
198 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
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Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
Afghan policewomen
Supporting IDLO to
improve access to justice
through legal aid, training International Linda Libront
Strengthening
3 C.3, F.2 CIDA of prosecutors, judges, and Development and 2004-2007 (linda.libront@international.gc.
the Rule of Law
public defenders, and Law Organization ca)
enhancing court
administration.
Supporting Rights and
Democracy to promote
human rights for women
among Afghan women, to International 2003-2006
help build space for Centre for Human (follow-up Rory O'Connor
Women's Rights
3 N/A CIDA women=s voices in Rights and project (rory.o'connor@international.g
Fund
political, judicial and civil Democratic under c.ca)
processes, and to promote Development review)
capacity-building among
local Afghan women=s
groups. Activities includ
Supporting International
Legal Foundation (ILF) to
build infrastructure for
International
public defence system 2005-2006
Criminal Defence
Support to Legal (legal aid) throughout (new Linda Libront
Attorneys
3 F.2 CIDA Aid Afghanistan Afghanistan through funding (linda.libront@international.gc.
Association &
(LAA) Project International Legal under ca)
International Legal
Foundation-Afghanistan. review)
Foundation
Activities include setting up
offices, training and
mentoring lawyers

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 199


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ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
Supporting Aga Khan
Foundation Canada to
provide effective alternative
livelihood options through
Alternative
community-based,
Livelihoods Linda Libront
integrated rural Aga Khan
5 N/A CIDA Program in 2005-2009 (linda.libront@international.gc.
development in Bamyan, Foundation Canada
North-eastern ca)
Baghlan, Parwan, and
Afghanistan
Samangan. Project
supports increased range of
licit income generating
opportun
Assisting GoA to disband
Disbandment of and disarm illegal armed UNDP/Afghanistan Nasir Ebrahimkhail
5 N/A CIDA Illegal Armed groups to set conditions for New Beginnings 2005-2009 (nasir.ebrahimkhail@internatio
Groups good governance and rule- Program (ANBP) nal.gc.ca)
of-law
Germany
Max-Planck-
Institute for survey of current legal
Comparative situation as regards
The matrimonial
and Private matrimonial law, experts legal community in 2006 - Nadjma Yassari,
2 E.4.7 laws of
International workshop on matrimonial Afghanistan 2007 yassari@mpipriv.de
Afghanistan
Law, law, publication of a family
Hamburg/Ge law textbook
rmany
GTZ works with the Afghan
National Justice
GTZ- Rule of governament to support Supreme Court and Dr. Hirbod Aminlari,
A.3 Monitoring and 2006-2008
Law Project efforts of key reforms Ministry of Justice hirbod.aminlari@gtz.de
Evaluaton System
within the judicial system.

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Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
Activities in this area
include suporting the
development and
implemation of the natinoal
justice monitoring and
evaluation system, and
training key justice
personnel at the supreme
court
In close consultation with
MoI, GPPT and EUPOL
policemen and women are
being instructed to better
observe the principles of
rule of law and to apply
them in their daily work. As
one part of this
cooperation, the police
academy is being advised
GTZ- Rule of on the shaping of its Dr. Hirbod Aminlari,
N/A Police Training MoI, GPPT, EUPOL 2006-2008
Law Project curriculum, and GTZ is has hirbod.aminlari@gtz.de
produced Dari and Pashto
legal materials on principles
of Afghan law, including
the constitution, police law,
criminal procedures, penal
code, juvenile law, human
rights. GTZ is undertaking
this work through a
ToTwith instruction being
carried out in both the

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 201


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ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
capital and the provinces.
GTZ is doing a training in
Mazar for 25 Police Officer
of the Police Manual and
giong to do the same
training in 5 zones in
Afghanistan
Social dialogue, public
information and education
through promotion the local
NGOs working at the
provincial and distric levels.
GTZ supports Afghanistan’s
different NGOs
efforts to spur social
such as AHRO,
GTZ- Rule of dialogue and organizational Dr. Hirbod Aminlari,
F.4 Civil society AWJA, LCSAWC, 2006-2008
Law Project development so that local hirbod.aminlari@gtz.de
WHSRO and Radio
partners are enabled to
Zohra
develop their own
independent positions on
the basic themes of
democracy and rule of law
and to open their views to
discussion.
Assistance to the Training
Commission of the
Supreme Court in the different NGOs
GTZ- Rule of education of judicial such as AHRO, Dr. Hirbod Aminlari,
4 F.2 Access to Justice 2006-2008
Law Project candidates and advisory AWJA, LCSAWC, hirbod.aminlari@gtz.de
services and financing for WHSRO
national NGOs that seek to
improve the quality and

202 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
range of the legal advice
they provide to vulnerable
population groups such as
poor women, persons in
custody pending trial, and
prison inmates. GTZ also
supports the Ministry of
Justice as it assumes its
legal aid responsibilities,
especially at the provincial
level. GTZ also is also
exploring ways to improve
relationships between
police and society in
Afghanistan through trust
building/confidence building
initiatives. The results of
these activities will form
the basis for best practices
in confidence building.
Max-Planck- Assistance to the SC-
Institute for Assistance to the Trainings Commission in
for Training the education of judicial
SC, IIPLD (France),
Comparative Commission of candidates (“stage”), Tilman Röder,
(coordination of the
Public Law the Supreme teaching Constitutional troeder@mpil.de, Aziz
8 C.2 training modules 2006-2007
and Court in the Law, Human Rights, Court Ahmadzada,
with USAID and
International education of Organization Law, General ahmadzada10@hotmail.com
IDLO)
Law, judicial Criminal Law, Judicial
Heidelberg/G candidates Ethics and Fair Trial
ermany Principles
EC

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 203


NJP
Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
Legal Support for Women
and Girls affected by family
violence in Kabul, Herat,
Mazar-i-Sharif and
Kandahar:
The legal situation of
women and girls affected
by family violence is
improved through direct
legal services for survivors,
awareness raising and
education on their legal
rights and by building
capacity of different key
actors providing effective
E.2.5, Medica prevention and response Penitentiary 12/05 --
3 Family Violence erwan.marteil@ec.europa.eu
F.2, F.4 Mondiale/EC mechanisms. This will be Institutions 01/2008
achieved for example
through: providing fair
access to justice in Kabul,
Herat, Mazar-i-Sharif, and
Kandahar; skills and
capacity building for direct
service providers like
defence lawyers, prison
wardens, police and
through legal education on
women’s rights as human
rights is provided with
particular emphasis on
amending, implementing
and enforcing legislation to
204 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
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Consolidat Institutiona
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ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
protect women and girls
against family violence.
This project aims to
support access to justice at
the district level. The action
is taken around four main
B.1, F.4, A2J at the District activities: reassessment of 01/05-
9 UNDP/EC District Courts erwan.marteil@ec.europa.eu
F.5 Level districts within the national 01/09
strategy framework on
strengthening the justice
system; refurbishment of
judicial centres
Support the three Justice
institutions in undertaking
Priority Reform and
Adam Smith Restructuring and Human Last
Justice Sector
International Resource Management 09/2007- update 12
3 A.2 Reform Porject in SC,AGO,MoJ erwan.marteil@ec.europa.eu
/European functions such as merit 06/2008 March
Afghanistan
Commission based recruitment, and 2008
transparent and objective
evaluations and
appointments.
Adam Smith Support capacity and
Justice Sector
International capacity building of the 09/2007-
3 A.1, A.5 Reform Porject in SC,AGO,MoJ erwan.marteil@ec.europa.eu
/European three institutions to develop 06/2008
Afghanistan
Commission and execute budgets.
Adam Smith Supporting the Ministry of
Justice Sector
International Justice in the determination 09/2007-
3 F.2 Reform Porject in MOJ erwan.marteil@ec.europa.eu
/European of its preferred model for 06/2008
Afghanistan
Commission the provision of legal aid,

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Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
the design for a new legal
aid department and
implementation
Un-earmarked contribution
to CNTF to assist GoA in
fighting illicit drug
production and
E.3.4
European Counter Narcotics implementing National 01/2006-
4 (indirectl UNDP erwan.marteil@ec.europa.eu
Commission Trust Fund Drug Control Strategy, two 01/2007
y)
of the eight pillars being
respectively law
enforcement and criminal
justice.
UNODC

• Training for professionals


dealing with juveniles in
Reform of the contact and in conflict with
juvenile justice the law trained on the new Last
E.6.3, system - Afghan Juvenile Code and Ms. Carla Ciavarella update
1 UNODC MoJ Planned
E.7 Extension to the on Juvenile Justice and (carla.ciavarella@unodc.org) 27/Sep/20
provinces implementation of non- 07
(AFG/S51) judicial measures and non-
custodial sanctions;
• Training on management,
• National workshop, June
2004, on necessary
Counter legislative measures for Mr. Matteo Pasquali
1 D.3 UNODC MoJ Planned
Terrorism (CT) fighting terrorism and (matteo.pasquali@unodc.org)
translational organized
crime. 53 officials of the
206 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
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Consolidat Institutiona
Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
Government representing
various Ministries were
trained.
• Legislative drafting
workshop for Afghan
experts in
• Assessment report
including trends and
recommendations on anti-
Measures to trafficking strategies;
prevent and • Assessment report
combat prepared on existing
A.3.4, Mr. Matteo Pasquali
1 UNODC trafficking in legislation and legislative MoJ Planned
D.3, E.3 (matteo.pasquali@unodc.org)
human beings in drafting assistance;
Afghanistan • Training programme
(AFAFG/S54) designed for law
enforcement and the
judiciary;
• An a
• To engage national
institutional counterparts
into the research and the
collection of information
Crime
available in concerned Mr. Matteo Pasquali
1 A.3.4 UNODC Assessment in MoJ Planned
authorities and institutions; (matteo.pasquali@unodc.org)
Afghanistan
• To establish an inventory
of data and information
(secondary data) available
at institutional level
Strengthening • To build the awareness
5 A.6 UNODC MoJ Planned Mr. Matteo Pasquali
the capacity of and capacity of the
AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 207
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Part 2 Int. Title of Description and purpose
ed l Date of Name/email of contact
Log Agency/Do project/ (specify: Remarks
Strategy Counterpar project person
Frame nor cathegory* activities/beneficiares)
Outline # t/partners
Row #
the judiciary to National Assembly to ratify (matteo.pasquali@unodc.org)
prevent and the UNCAC and to work on
combat the implementation of its
corruption in principles and provisions at
Afghanistan central and provincial level;
• Provision of legislative
assistance in order to
amend national legisla
UNDP
Public Legal Awareness Campaign UNDP with
Access to Justice; Last
(focus on HR, women rights and MoJ, national Dec 2007 -
Element: 1. update
F.4 UNDP/SJSA chilfren) - one of 5 Qick Impact service Nov 2008 nasrat.aslam@undp.org
Enhance rights 27/Sep/20
projects as outlined for Rome providers for (1 year)
awareness 07
Conference. media,

208 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


B.  Donor Activity Matrix ­ Provincial Level 
UNAMA Rule of Law Unit
Update 13/03/2008

NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #

ITALY

Study tour, judges and


A Brighter prosecutors trainings, support to
Turkham,Jalalabad, 12/2006
A.3.4, Childhood: Tackling the civil society on the fight
1 Italy - OIM Lanhman, Kunar, -
F.4 Child Trafficking in against trafficking of minors.
Kabul 04/2008
Afghanistan Support to the victims of
trafficking.
Courses on the interim Procedure
Kunduz. Paktia,
Criminal Code, training of central
Provincial justice Balkh, Heart, 8/2005 -
2 E.3 Italy - ISISC authorities, support to the maurizio.dicalisto@esteri.it
Initiative Nangarhar, 9/2007
establishment of a network to
Badakshan
monitor judicial system
Capacity building and training
Afghanistan Justice
activities to prosecutors, judges Undefined Provinces 2002 -
3 C.3 Italy - IDLO System Trust Fund maurizio.dicalisto@esteri.it
and lawyers in Kabul and in the ???? 2008
contribution
provinces
Rebuilding the
Provide infrastructures and Kunduz, Badaskan, 2003 -
4 B.1 Italy - UNDP justice sector of maurizio.dicalisto@esteri.it
training to the justice institutions Nangarhar, Heart 2005
Afghanistan
Contribution of the reconstruction
Italy - UNDP - Access to justice at 2006 -
5 B.1 of afghan judicial system in the Balkh, Heart maurizio.dicalisto@esteri.it
ISISC district level 2009
provinces

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 209


NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #

Gardez, Mazar e
Criminal law and Revision of legislation on drug
B.1, Sharif, Kunduz,
criminal justice trafficking, terrorism, extradition. 2003 -
6 D.3, Italy - UNODC Jalalabad, Barman, maurizio.dicalisto@esteri.it
capacity building in Start up of Justice Support centres on going
E.3 Heart, Baghlan,
Afghanistan in selected provinces
Saripul
Revision of the penitentiary
Prison system regulations. Enhance of
B.1, Mazar e Sharif, 2004 -
7 Italy - UNODC reform - extension professionalism of the penitentiary maurizio.dicalisto@esteri.it
E.6 Gardez on going
to the provinces staff. Enhance detention
infrastructures
US

Improve capacity and reforms to


Corrections system through
CSSP MOJ/Central
B.2, training, facility and administrative
1 US/INL Prisons Department KABUL 1
E.6 level mentoring, provision of
Support
equipment, records reform, and
strategy coordination
Improve capacity and reforms to
Corrections system through
CSSP MOJ/Central
B.2, training, facility and administrative
2 US/INL Prisons Department PAKTIA 1
E.6 level mentoring, provision of
Support
equipment, records reform, and
strategy coordination
Improve capacity and reforms to
CSSP MOJ/Central Corrections system through
B.2,
3 US/INL Prisons Department training, facility and administrative NANGARHAR 1
E.6
Support level mentoring, provision of
equipment, records reform, and

210 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
strategy coordination
Improve capacity and reforms to
Corrections system through
CSSP MOJ/Central
B.2, training, facility and administrative
4 US/INL Prisons Department BALKH 1
E.6 level mentoring, provision of
Support
equipment, records reform, and
strategy coordination
Improve capacity and reforms to
Corrections system through
CSSP MOJ/Central
B.2, training, facility and administrative
5 US/INL Prisons Department HERAT 1
E.6 level mentoring, provision of
Support
equipment, records reform, and
strategy coordination
C.3, Senior Federal
6 US/DOJ Counternarcotics training PAKTIA
E.3 Prosecutors Program
C.3, Senior Federal
7 US/DOJ Counternarcotics training BAMIYAN
E.3 Prosecutors Program
C.3, Senior Federal
8 US//DOJ Counternarcotics training NANGARHAR
E.3 Prosecutors Program
ANA Mentoring of Provide mentoring, training,
B.2,
9 US/CSTC-A Basic Court-Level equipment to prosecutors, defense PAKTIA 1
C.3
Judiciary counsel and judges.
Reform key criminal justice laws;
E.1.2, Senior Federal Train and mentor the CNTF and
10 US/US/INL-DOD BALKH 1
E.2 Prosecutors Program CNT; Develop security for facilities
and personnel.
Build capacity of the Attorney
11 A.1 US/INL JSSP AGO Support BALKH 1
General's Office and prosecutors

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 211


NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #

JSSP
Police-prosecutor coorindation and
12 E.2 US/INL Police/Prosecutor BALKH 1
criminal justice integration
Coordination
Comprehensive provincial criminal
JSSP Provincial
13 A.3.4 US/INL justice system assessment BALKH 1
Justice Assessment
including customary law
CSSP
MOJ/Corrections Improve Capacity and Reforms to
14 E.6 US/INL HERAT 1
Police Department Corrections System
Advisor
Build capacity of the Attorney
15 A.1 US/INL JSSP AGO Support HERAT 1
General's Office and prosecutors
JSSP
Police-prosecutor coorindation and
16 E.6 US/INL Police/Prosecutor HERAT 1
criminal justice integration
Coordination
Comprehensive provincial criminal
JSSP Provincial
17 A.3.4 US/INL justice system assessment HERAT 1
Justice Assessment
including customary law
Build capacity of the Attorney
18 A.1 US/INL JSSP AGO Support KABUL 1
General's Office and prosecutors
JSSP
Police-prosecutor coorindation and
19 E.1 US/INL Police/Prosecutor KABUL 1
criminal justice integration
Coordination
Comprehensive provincial criminal
JSSP Provincial
20 A.3.4 US/INL justice system assessment KABUL 1
Justice Assessment
including customary law
21 A.6 US/Treasury Anti-Money Improve anti-money laundering KABUL 1

212 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
Laundering Advisor capacity and financial intel.
to DAB
Build capacity of the Attorney
22 A.1 US/INL JSSP AGO Support NANGARHAR 1
General's Office and prosecutors
JSSP
Police-prosecutor coorindation and
23 A.1 US/INL Police/Prosecutor NANGARHAR 1
criminal justice integration
Coordination
Comprehensive provincial criminal
JSSP Provincial
24 A.3.4 US/INL justice system assessment NANGARHAR 1
Justice Assessment
including customary law
Build capacity of the Attorney
25 A.1 US/INL JSSP AGO Support KUNDUZ 1
General's Office and prosecutors
JSSP
Police-prosecutor coorindation and
26 E.1 US/INL Police/Prosecutor KUNDUZ 1
criminal justice integration
Coordination
Comprehensive provincial criminal
JSSP Provincial
27 A.3.4 US/INL justice system assessment KUNDUZ 1
Justice Assessment
including customary law
Build capacity of the Attorney
28 A.1 US/INL JSSP AGO Support WARDAK 1
General's Office and prosecutors
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
29 thru US/USAID BADAKHSHAN 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
E.1.7 Improve overall admin and case
ARoLP/Court
30 thru US/USAID management by implementing BADGHIS 2
Administration
E.1.10 new Afghan Court Administration

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 213


NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
31 thru US/USAID BAGHLAN 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
32 thru US/USAID BALKH 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
33 thru US/USAID BAMYAN 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
34 thru US/USAID DAIKUNDI 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
35 thru US/USAID FARAH 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
36 thru US/USAID FARYAB 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
E.1.7 Improve overall admin and case
ARoLP/Court
37 thru US/USAID management by implementing GHAZNI 2
Administration
E.1.10 new Afghan Court Administration

214 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
38 thru US/USAID GHOR 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
39 thru US/USAID HELMAND 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
40 thru US/USAID HERAT 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
41 thru US/USAID JOWZJAN 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
42 thru US/USAID KABUL 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
43 thru US/USAID KANDAHAR 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
E.1.7 Improve overall admin and case
ARoLP/Court
44 thru US/USAID management by implementing KAPISA 2
Administration
E.1.10 new Afghan Court Administration

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 215


NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
45 thru US/USAID KHOST 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
46 thru US/USAID KUNAR 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
47 thru US/USAID KUNDUZ 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
48 thru US/USAID LAGHMAN 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
49 thru US/USAID LOGAR 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
50 thru US/USAID NANGARHAR 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
E.1.7 Improve overall admin and case
ARoLP/Court
51 thru US/USAID management by implementing NIMRUZ 2
Administration
E.1.10 new Afghan Court Administration

216 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
52 thru US/USAID NURESTAN 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
53 thru US/USAID PAKTYA 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
54 thru US/USAID PAKTIKA 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
55 thru US/USAID PANJSHIR 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
56 thru US/USAID PARWAN 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
57 thru US/USAID SAMANGAN 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
E.1.7 Improve overall admin and case
ARoLP/Court
58 thru US/USAID management by implementing SAR-I-PUL 2
Administration
E.1.10 new Afghan Court Administration

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 217


NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
59 thru US/USAID TAKHAR 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
60 thru US/USAID URUZGAN 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
61 thru US/USAID WARDAK 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Improve overall admin and case
E.1.7
ARoLP/Court management by implementing
62 thru US/USAID ZABUL 2
Administration new Afghan Court Administration
E.1.10
System (ACAS)
Assist in reforming criminal justice
A.4, Herat, Balkh,
laws and develop ethical and
63 D.2, US/INL JSSP Legal Reform Kunduz, & 6
professional standards and
D.3 Nangarhar
performance
A.1, Propose reforms and restructuring
JSSP Reorganization Herat, Balkh,
E.1.7 of the AGO to include a case
64 US/INL of the Provincial Kunduz, & 6
thru tracking system and a personnel
Procscutors' Offices Nangarhar
E.1.10 database
Court, Administration, Prison, and
65 B.1 US/USAID Infrastructure FARAH 6
Other Construction
66 A.3.4, US/CFC-A CFC-A Prison Survey Survey of all CPD prison facilities HERAT 6

218 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
B.1 (Nationwide)
Court, Administration, Prison, and
67 B.1 US/USAID Infrastructure KAPISA 6
Other Construction
CERP-Other
Courthouses, justice
Infrastructure (New
68 B.1 US/CFC-A administration buildings, other KAPISA 6
Construction &
related construction
Rehabilitation)
A.6.2, JSSP AGO Logistic Provide equipment, supplies,
69 US/INL WARDAK 6
B.2 Support security support for AG
CERP-Other
Courthouses, justice
Infrastructure (New
70 B.1 US/CFC-A administration buildings, other BADAKHSHAN 6
Construction &
related construction
Rehabilitation)
Court, Administration, Prison, and
71 B.1 US/USAID Infrastructure BADGHIS 6
Other Construction
Court, Administration, Prison, and
72 B.1 US/USAID Infrastructure BAGHLAN 6
Other Construction
Court, Administration, Prison, and
73 B.1 US/USAID Infrastructure BALKH 6
Other Construction
A.6.3, JSSP AGO Logistic Provide equipment, supplies,
74 US/INL BALKH 6
B.2 Support security support for AG
ANA Military Court
Build court houses at each
75 B.1 US/CSTC-A Houses (New BALKH 6
Corps/Basic Court location.
Construction)
A.1, Improve overall admin and case
76 US/USAID Court Administration FARAH 6
E.1 management
77 B.1 US/CFC-A CERP-Other Courthouses, justice GHAZNI 6
AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 219
NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
Infrastructure (New administration buildings, other
Construction & related construction
Rehabilitation)
Court, Administration, Prison, and
78 B.1 US/USAID Infrastructure GHAZNI 6
Other Construction
Court, Administration, Prison, and
79 B.1 US/USAID Infrastructure HELMAND 6
Other Construction
CSSP Corrections Curriculum Development, Training,
80 C.3 US/INL BALKH 8
Officer Training Regional Training Center
CSSP Corrections Curriculum Development, Training,
81 C.3 US/INL KABUL 8
Officer Training National Training Center
CSSP Corrections Curriculum Development, Training,
82 C.3 US/INL NANGARHAR 8
Officer Training Regional Training Center
CSSP Corrections Curriculum Development, Training,
83 C.3 US/INL PAKTIA 8
Officer Training Regional Training Center
CSSP Corrections Curriculum Development, Training,
84 C.3 US/INL WARDAK HERAT 8
Officer Training Regional Training Center
Court, Administration, Prison, and
85 B.1 US/USAID Infrastructure HERAT 6
Other Construction
A.6.2, JSSP AGO Logistic Provide equipment, supplies,
86 US/INL HERAT 6
B.2 Support security support for AG
ANA Military Court
Build court houses at each
87 B.1 US/CSTC-A Houses (New HERAT 6
Corps/Basic Court location.
Construction)
Court, Administration, Prison, and
88 B.1 US/USAID Infrastructure KABUL 6
Other Construction

220 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #

A.6.2, JSSP AGO Logistic Provide equipment, supplies,


89 US/INL KABUL 6
B.2 Support security support for AG
ANA Military Court
Build court houses at each
90 N/A US/CSTC-A Houses (New KABUL 6
Corps/Basic Court location.
Construction)
CERP-Other
Courthouses, justice
Infrastructure (New
91 B.1 US/CFC-A administration buildings, other KABUL 6
Construction &
related construction
Rehabilitation)
CERP-Other
Courthouses, justice
Infrastructure (New
92 B.1 US/CFC-A administration buildings, other KHOST 6
Construction &
related construction
Rehabilitation)
Court, Administration, Prison, and
93 B.1 US/USAID Infrastructure KUNDUZ 6
Other Construction
ANA Military Court
Build court houses at each
94 N/A US/CSTC-A Houses (New KUNDUZ 6
Corps/Basic Court location.
Construction)
CERP-Other
Courthouses, justice
Infrastructure (New
95 B.1 US/CFC-A administration buildings, other LAGHMAN 6
Construction &
related construction
Rehabilitation)
Court, Administration, Prison, and
96 B.1 US/USAID Infrastructure LAGHMAN 6
Other Construction
CERP-Other Courthouses, justice
97 B.1 US/CFC-A Infrastructure (New administration buildings, other LOGAR 6
Construction & related construction

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 221


NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
Rehabilitation)
Court, Administration, Prison, and
98 B.1 US/USAID Infrastructure LOGAR 6
Other Construction
CERP-Other
Courthouses, justice
Infrastructure (New
99 B.1 US/CFC-A administration buildings, other NANGARHAR 6
Construction &
related construction
Rehabilitation)
Court, Administration, Prison, and
100 B.1 US/USAID Infrastructure NANGARHAR 6
Other Construction
JSSP AGO Logistic Provide equipment, supplies,
101 B.1 US/INL NANGARHAR 6
Support security support for AG
CERP-Other
Courthouses, justice
Infrastructure (New
102 B.1 US/CFC-A administration buildings, other NOORESTAN 6
Construction &
related construction
Rehabilitation)
ANA Military Court
Build court houses at each
103 N/A US/CSTC-A Houses (New PAKTIA 6
Corps/Basic Court location.
Construction)
Court, Administration, Prison, and
104 B.1 US/USAID Infrastructure Paktika 6
Other Construction
Court, Administration, Prison, and
105 B.1 US/USAID Infrastructure PARWAN 6
Other Construction
CERP-Other
Courthouses, justice
Infrastructure (New
106 B.1 US/CFC-A administration buildings, other PARWAN 6
Construction &
related construction
Rehabilitation)
107 B.1 US/USAID Infrastructure Court, Administration, Prison, and PANJSHIR 6

222 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
Other Construction
Court, Administration, Prison, and
108 B.1 US/USAID Infrastructure WARDAK 6
Other Construction
CERP-Other
Courthouses, justice
Infrastructure (New
109 B.1 US/CFC-A administration buildings, other WARDAK 6
Construction &
related construction
Rehabilitation)
CSSP Prison
Supports and develops capacity
110 B.1.2 US/INL Engineering WARDAK 6
from design to renovation
Development
A.3.4, Survey of all CPD prison facilities
111 US/CFC-A CFC-A Prison Survey BALKH 6
B.1.1 (Nationwide)
A.3.4, Survey of all CPD prison facilities
112 US/CFC-A CFC-A Prison Survey KABUL
B.1.1 (Nationwide)
CSSP Prison
Supports and develops capacity
113 B.1.2 US/INL Engineering KABUL 7
from design to renovation
Development
A.3.4,
F.2.4 ARoLP/Women's Assessment of Women's Access to
114 US/USAID KABUL 3
thru Rights under Islam Justice
F.2.6
A.3.4,
F.2.4 ARoLP/Women's Assessment of Women's Access to
115 US/USAID BALKH 3
thru Rights under Islam Justice
F.2.6
A.3.4, ARoLP/Women's Assessment of Women's Access to
116 US/USAID HERAT 3
F.2.4 Rights under Islam Justice

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 223


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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
thru
F.2.6
A.3.4,
F.2.4 ARoLP/Women's Assessment of Women's Access to
117 US/USAID NANGARHAR 3
thru Rights under Islam Justice
F.2.6
National and provincial women's
ARoLP/Women's
118 F.4.1 US/USAID rights awareness dialogues and BADAKHSHAN 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
119 F.4.1 US/USAID rights awareness dialogues and BADGHIS 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
120 F.4.1 US/USAID rights awareness dialogues and BAGHLAN 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
121 F.4.1 US/USAID rights awareness dialogues and BALKH 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
122 F.4.1 US/USAID rights awareness dialogues and BAMYAN 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
123 F.4.1 US/USAID rights awareness dialogues and DAIKUNDI 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
124 F.4.1 US/USAID rights awareness dialogues and FARAH 3
Rights under Islam
workshops

224 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #

National and provincial women's


ARoLP/Women's
125 F.4.1 US/USAID rights awareness dialogues and FARYAB 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
126 F.4.1 US/USAID rights awareness dialogues and GHAZNI 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
127 F.4.1 US/USAID rights awareness dialogues and GHOR 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
128 F.4.1 US/USAID rights awareness dialogues and HEART 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
129 F.4.1 US/USAID rights awareness dialogues and KANDAHAR 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
130 F.4.1 US/USAID rights awareness dialogues and KAPISA 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
131 F.4.1 US/USAID rights awareness dialogues and KUNDUZ 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
132 F.4.1 US/USAID rights awareness dialogues and LAGHMAN 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
133 F.4.1 US/USAID rights awareness dialogues and LOGAR 3
Rights under Islam
workshops

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 225


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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #

National and provincial women's


ARoLP/Women's
134 F.4.1 US/USAID rights awareness dialogues and NANGARHAR 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
135 F.4.1 US/USAID rights awareness dialogues and PAKTYA 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
136 F.4.1 US/USAID rights awareness dialogues and PANJSHIR 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
137 F.4.1 US/USAID rights awareness dialogues and PARWAN 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
138 F.4.1 US/USAID rights awareness dialogues and SAMANGAN 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
139 F.4.1 US/USAID rights awareness dialogues and SAR-I-PUL 3
Rights under Islam
workshops
National and provincial women's
ARoLP/Women's
140 F.4.1 US/USAID rights awareness dialogues and TAKHAR 3
Rights under Islam
workshops
ARoLP/Informal
141 F.2 US/USAID Justice Sector and Support Legal Aid Activities BADGHIS 3
Access to Justice
ARoLP/Informal
142 F.2 US/USAID Justice Sector and Support Legal Aid Activities BAGHLAN 3
Access to Justice

226 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #

ARoLP/Informal
143 F.2 US/USAID Justice Sector and Support Legal Aid Activities FARAH 3
Access to Justice
ARoLP/Informal
144 F.2 US/USAID Justice Sector and Support Legal Aid Activities PAKTYA 3
Access to Justice
ARoLP/Court Improve Supreme Court
145 A.1 US/USAID KABUL 4
Administration management capacity
Develop capacity, training
E.4.1, ARoLP/Commercial
146 US/USAID programs, advisory support for HERAT 4
E.4.2 Court Reform
commercial courts
Develop capacity, training
E.4.1, ARoLP/Commercial
147 US/USAID programs, advisory support for KABUL 4
E.4.2 Court Reform
commercial courts
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
148 US/USAID BAGHLAN 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
149 US/USAID BALKH 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
150 US/USAID FARAH 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
151 US/USAID HELMAND 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
152 US/USAID HERAT 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
153 US/USAID JAWZJAN 7
D.1 and Legal Drafting Legislative Drafting Training

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 227


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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #

A.2.1, ARoLP/Law Reform Compiled Laws, Translation,


154 US/USAID KABUL 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
155 US/USAID KANDAHAR 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
156 US/USAID KUNAR 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
157 US/USAID KUNDUZ 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
158 US/USAID LAGHMAN 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
159 US/USAID NANGARHAR 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
160 US/USAID NIMRUZ 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
161 US/USAID NURISTAN 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
162 US/USAID PARWAN 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
163 US/USAID SAMANGAN 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
164 US/USAID SAR-I-PUL 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
165 US/USAID URUZGAN 7
D.1 and Legal Drafting Legislative Drafting Training
A.2.1, ARoLP/Law Reform Compiled Laws, Translation,
166 US/USAID ZABUL 7
D.1 and Legal Drafting Legislative Drafting Training

228 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #

A.2.5,
C.1.1, ARoLP/Legal Overseas Travel, Law Journal,
167 US/USAID BALKH 8
C.1.6, Education Computer Training, Curriculum
C.3
A.2.5,
C.1.1, ARoLP/Legal Overseas Travel, Law Journal,
168 US/USAID HERAT 8
C.1.6, Education Computer Training, Curriculum
C.3
A.2.5,
C.1.1, ARoLP/Legal Overseas Travel, Law Journal,
169 US/USAID KABUL 8
C.1.6, Education Computer Training, Curriculum
C.3
A.2.5,
C.1.1, ARoLP/Legal Overseas Travel, Law Journal,
170 US/USAID KAPISA 8
C.1.6, Education Computer Training, Curriculum
C.3
A.2.5,
C.1.1, ARoLP/Legal Overseas Travel, Law Journal,
171 US/USAID NANGARHAR 8
C.1.6, Education Computer Training, Curriculum
C.3
ARoLP/Legal Legal English Training Programs
172 A.1.5 US/USAID BALKH 8
Education and Testing
ARoLP/Legal Legal English Training Programs
173 A.1.5 US/USAID HERAT 8
Education and Testing
ARoLP/Legal Legal English Training Programs
174 A.1.5 US/USAID KABUL 8
Education and Testing
175 A.1.5 US/USAID ARoLP/Legal Legal English Training Programs KAPISA 8

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 229


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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
Education and Testing
ARoLP/Legal Legal English Training Programs
176 A.1.5 US/USAID NANGARHAR 8
Education and Testing
ARoLP/Judicial Curriculum Development, Training,
177 C.2.1 US/USAID BADAKHSHAN 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
178 C.2.1 US/USAID BADGHIS 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
179 C.2.1 US/USAID BAGHLAN 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
180 C.2.1 US/USAID BALKH 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
181 C.2.1 US/USAID BAMYAN 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
182 C.2.1 US/USAID DAIKONDI 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
183 C.2.1 US/USAID GHAZNI 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
184 C.2.1 US/USAID GHOR 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
185 C.2.1 US/USAID HERAT 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
186 C.2.1 US/USAID JOWZJAN 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
187 C.2.1 US/USAID KABUL 8
Training Training Infrastructure
188 C.2.1 US/USAID ARoLP/Judicial Curriculum Development, Training, KAPISA 8

230 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
189 C.2.1 US/USAID KHOST 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
190 C.2.1 US/USAID KUNAR 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
191 C.2.1 US/USAID KUNDUZ 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
192 C.2.1 US/USAID LAGHMAN 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
193 C.2.1 US/USAID LOGAR 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
194 C.2.1 US/USAID NANGARHAR 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
195 C.2.1 US/USAID NIMROZ 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
196 C.2.1 US/USAID NURISTAN 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
197 C.2.1 US/USAID PAKTIA 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
198 C.2.1 US/USAID PAKTIKA 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
199 C.2.1 US/USAID PANJSHER 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
200 C.2.1 US/USAID PARWAN 8
Training Training Infrastructure
201 C.2.1 US/USAID ARoLP/Judicial Curriculum Development, Training, SAMANGAN 8

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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
202 C.2.1 US/USAID SAR-I-PUL 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
203 C.2.1 US/USAID TAKHAR 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
204 C.2.1 US/USAID WARDAK 8
Training Training Infrastructure
ARoLP/Judicial Curriculum Development, Training,
205 C.2.1 US/USAID ZABUL 8
Training Training Infrastructure
ARoLP/Informal
206 F.5 US/USAID Justice Sector and Informal Justice Policy Statement KABUL 9
Access to Justice
ARoLP/Informal
F.4.1, Educational Materials and Cultural
207 US/USAID Justice Sector and BADAKHSHAN 9
F.4.2 Centers
Access to Justice
ARoLP/Informal
F.4.1, Educational Materials and Cultural
208 US/USAID Justice Sector and KABUL 9
F.4.2 Centers
Access to Justice
ARoLP/Informal
F.4.1, Educational Materials and Cultural
209 US/USAID Justice Sector and KANDAHAR 9
F.4.2 Centers
Access to Justice
ARoLP/Informal
F.4.1, Educational Materials and Cultural
210 US/USAID Justice Sector and KAPISA 9
F.4.2 Centers
Access to Justice
ARoLP/Informal
F.4.1, Educational Materials and Cultural
211 US/USAID Justice Sector and KUNDUZ 9
F.4.2 Centers
Access to Justice

232 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #

ARoLP/Informal
F.4.1, Educational Materials and Cultural
212 US/USAID Justice Sector and PANJSHIR 9
F.4.2 Centers
Access to Justice
ARoLP/Informal
F.4.1, Educational Materials and Cultural
213 US/USAID Justice Sector and PARWAN 9
F.4.2 Centers
Access to Justice
ARoLP/Informal
F.4.1, Educational Materials and Cultural
214 US/USAID Justice Sector and TAKHAR 9
F.4.2 Centers
Access to Justice
ARoLP/Informal
F.4.1, Educational Materials and Cultural
215 US/USAID Justice Sector and URUZGAN 9
F.4.2 Centers
Access to Justice
ARoLP/Informal
F.4.1, Educational Materials and Cultural
216 US/USAID Justice Sector and WARDAK 9
F.4.2 Centers
Access to Justice
Germany/GTZ

teaching Afghan police in: police


Short time training law, criminal procedure law,
1 N/A GTZ for Afghan Police - criminal law, law an detection and BALKH 1 Last update 27/Sep/2007
Mazar investigation, Constitution,
Juvenile law
teaching Afghan police in: police
Short time training law, criminal procedure law,
2 N/A GTZ for Afghan Police - criminal law, law an detection and HELMAND 1
Herat investigation, Constitution,
Juvenile law
3 N/A GTZ Short time training teaching Afghan police in: police KUNDUZ 1

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 233


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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
for Afghan Police - law, criminal procedure law,
Kunduz criminal law, law an detection and
investigation, Constitution,
Juvenile law
teaching Afghan police in: police
Short time training law, criminal procedure law,
4 N/A GTZ for Afghan Police - criminal law, law an detection and NANGARHAR 1
Jalalabad investigating, Constitution,
Juvenile law
teaching Afghan police in: police
Short time training law, criminal procedure law,
5 N/A GTZ for Afghan Police - criminal law, law an detection and BAMIAN 1
Bamian investigation, Constitution,
Juvenile law
F.2.1
legal Aid for Afghani Woman;
6 thru GTZ Legal Aid - Ghazni GHAZNI 3
Woman, around 18.000 $
F.2.6
F.2.1
7 thru GTZ Legal Aid - Herat in planning HELMAND 3
F.2.6
F.2.1 Legal Aid for Afghan Woman;
8 thru GTZ Legal Aid - Kabul around 15.000 $; Kabul and up to KABUL 3
F.2.6 3 areas close to Kabul City
arranging a competition between
Competition of
9 A.5.3 GTZ journalists about reporting on legal KABUL 3
Journalist
cases in TV and Radio
Legal Awarnace / to promote and show the movie
10 F.4.1 GTZ KABUL 3
Woman in Afghan "nejat" in schools, Police

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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
Police Academy,…
a theatre where the evil wolf is in
The Evil & Little Red the court for trying to eat LRRH.
11 F.4.1 GTZ Riding Hood in the The idea is to bring the judiciary KABUL 3
court system within a theatre closer to
children
to talk with national and
Monitoring and international
12 A.2.3 GTZ Evaluation of the partners/organisations to find the KABUL 4
judiciary system possibilities for an M & E of the
judiciary system, e.g.. Courts
round table with afghans and
Common
internationals about common
13 C.2.1 GTZ Approaches for KABUL 7
ground(s) in Islam and
Development
international cooperation
supporting the library of faculty of
14 C.1.6 GTZ Supporting Libraries law and political science in Kabul KABUL 8
university and MoI
ToT Training -
15 C.1.6 GTZ ToT of teachers in legal questions PAKTIA 8
School teachers
ToT Training in human right
ToT Training -
16 N/A GTZ relevant issues of AIHRC KABUL
AIHRC
employees
NL

1 N/A NL/PRT Training Training of ANAP UROZGAN 1 Last update 27/Sep/2007


2 N/A NL/PRT, AUS/RTF Training Training of ANA UROZGAN 1

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 235


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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #

Baghlan Training Training civil servants in Baghlan


3 N/A NL BAGHLAN 4
Center Province
Courthouses, justice
4 B.1 NL/PRT, AUS/RTF Infrastructure administration buildings, detention UROZGAN 6
facilities
IDLO/CIDA

Provide seed-funding and technical


advice to the Legal Aid
Organization of Afghanistan.
F.2.1, Creation of Legal Aid
1 IDLO/CIDA LAOA has four departments: KABUL 3 Last update 27/Sep/2007
F.2.3 Organization
criminal defense, women &
children assistance, training, and
policy development.
Provide technical assistance to
F.2.1, Assist Legal Aid Legal Aid Organization of
2 IDLO/CIDA KABUL 3
F.2.3 Provider Afghanistan's women and children
department
Participated in UNAMA-organized
F.2.4
for prosecutors, police, judges,
3 thru IDLO/CIDA Gender Training BADGHIS 8
MOWA employees, and provincial
F.2.6
council members.
F.2.1 Completed one-year training in
4 thru IDLO/CIDA Legal Aid Training legal aid practioner skills for 68 KABUL 8
F.2.3 recent university graduates.
Began one-semester course for 30
5 C.1.6 IDLO/CIDA Advocacy Training students at Kabul University KABUL 8
Faculty of Sharia in advocoacy

236 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
skills
Conducted training for faculty
Practical Skills members of Kabul University's
6 C.1.6 IDLO/CIDA KABUL 8
Training Facultunties of Law and of Sharia
in practical lawyering skills
Conducted nine-week trainings for
7 C.3 IDLO/CIDA Judicial Training KABUL 8
52 judges from provinces
UK

• Assistance to the establishment


Fast-track capacity of the Criminal Justice Task Force
building for a (operational since July 2005);
E.2.1
UNODC/UK, Counter Narcotics • Training to all CJTF
1 thru KABUL (6) 1 Last update 27/Sep/2007
Canada, Belgium Criminal Justice investigators, prosecutors and
E.2.4
System ( project judges on the criminal legislation;
AFG/U10) • Training of 53 key provincial
judges, prosecutors, and police i
Secuirty Improvements to physical security
UK/ QIPS Lashkar Upgrade/Capacity of Lashkar Gah prison to facilitate
2 B.1 HELMAND 6
Gah PRT building in the building of new
provinces prison/CPD/$150,000
New build new prison on exisisting
UK/ QIPS Lashkar New Prison/Capacity
3 B.1 prison site/CPD/$1.75 HELMAND 6
Gah PRT building inprovinces
million(awaiting funding)
Refurbish block 6 to provide 402
MVT bed accommodation;security
4 B.1 CNTF/UK KABUL 6
wing,gate,barracks improvments main gate;new staff
barracks/CPD$4.8 million

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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #

Canada

This project is geared towards


physical improvements to the
Sarpoza -- Prison prison structures in Kandahar and
B.1,
Government of and officer developing a professional cadre of
1 C.3, KANDAHAR 4
Canada development staff, the foremost being Sarpoza
E.6
program (Kandahar) Prison (Implementing Agency --
Canadian Department of National
Defence)
Allow the deployment of
Corrections Experts to the
Kandahar Provincial
Continuation of Reconstruction Team (PRT) for the
B.1,
Government of Support to Prison purpose of training and mentoring
2 C.3, KANDAHAR 4
Canada Administration in front-line staff and administrators,
E.6
Kandahar providing advice on prison
infrastructure and equipment, and
engaging at a national level in
Afghan correction system reform
Supporting the Establishment of
Provincial Justice Coordination
Provincial Justice
UNDP/Government Mechanism Office in Kandahar to
3 A.3 Coordination KANDAHAR
of Canada assess, promote and de-conflict
Mechanism
justice reform initiatives in
southern Afghansitan.
Supporting justice training
F.1, Government of Kandahar Justice
4 sessions for Afghan officials and KANDAHAR 9
F.4.1 Canada Capacity Building
tribal elders by the Office of the

238 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


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Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
Chief Prosecutor of Kandahar.
Purchase of books and equipment
has been completed an dthe
library to support the training
activities of the project has been
set up.
EC

Improve legal situation of women


and girls affected by family
violence through direct legal
F.2.4 Legal Support for
Medica service for survivors, awareness
thru Women and Girls Kandahar, Herat, 12/2005
1 Mondiale/European raising and education on their
F.2.6, Affected by Family Kabul -01/2008
Commission rights and by building capacity of
F.4.1 Violence
different key actors providing
effective prevention and response
mechanism.
This project aims to support
access to justice at the district
level. The action is taken around
four main activities: reassessment
of districts within the national
strategy framework on Herat, Mazar,
B.1, UNDP/European A2J at the District 01/2005-
2 strengthening the justice system; Samangan, Kunduz,
F.4, F.5 Commission Level 01/2009
refurbishment of judicial centres at Jawzjan, Baghlan
district level including facilities for
judicial execution, training main
judicial actors (including religious
authorities and members of
traditional mechanisms involved in

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 239


NJP
Part 2 Description and purpose Stretegy
Int. Title of project/
No. Log (specify: Province(s) Period Outline Remarks
Agency/Donor cathegory*
Frame activities/beneficiares) No
Row #
administrating justice process);
public awareness campaigns
specifically targeted to
disadvantaged categories.
AUS/RTF

1 N/A AUS/RTF Infrastructure New NDS HQ building UROZGAN 6 Last update 27/Sep/2007

240 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


ATTACHMENT 2
The process of particularizing programmatic initiatives and plans into policy actions that can be
tracked, monitored, and evaluated has already begun. Annexes 1-4, also included in this document,
demonstrate the commencement of this important process. Annex 1 articulates the key outcomes of
the Part 2 log frame as “policy actions” for which institutional responsibility and projected
timeframes have been initially assigned and agreed. Annex 2 restates indicators for the various
outcomes, identifies sources of baseline data (where available), and articulates targets against which
progress can be measured. Annex 3 identifies project or programmatic line items in the Government
budget that are associated with existing justice sector initiatives and finally, annex 4 indicates the sub
national priority programs and projects which the ANDS Secretariat has, through the process of sub-
national consultations, identified justice sector priorities in the Provincial Development Plans.

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 241


1.  Annex I: Policy Actions Matrix  
PILLAR : GOOD GOVERNANCE
SECTOR : JUSTICE AND THE RULE OF LAW

Expected Outcomes Policy Actions and Activities category Time frame Responsible Agencies
Public can rely on Analyze and develop recommendations regarding justice Institution Building By year 2 SC,MOJ,AGO
effectively organized and institutions’ record-keeping practices in order to improve
professionally staffed accuracy and irretrievability and to avoid redundant
justice institutions processes
Analyze and make recommendations for improving existing Institution Building By year 1 SC,MOJ,AGO
remuneration and human resources systems in justice
institutions.
Support development and introduction of institution-specific Institution Building By Year 2 Program Oversight Committee
remuneration and human resources schemes, such as pay and
grading and performance evaluation measures
Justice institutions to establish links with universities for Institution Building Year 3 and on MOJ, AOG, SC, MoHE
recruiting candidates (e.g., job fairs and short internships).
Survey, develop and implement recommendations to improve Institution Building Year 3 and on SC,MOJ,AGO, MoWA, MOHE
existing career development practices in each institution with
particular attention to complying with gender benchmarks.
Develop institutional capacity to train professionals Institution Building Year 2 and on SC,MOJ,AGO, ICCD
Analyze and, in consultation with stakeholders, develop Development By year 2 SC,MOJ,AGO
recommendations for improving the organizational,
management and administrative structures of justice
institutions to enable them to fulfill their respective mandates
and functions at headquarters and at provincial and district
level offices
Implement recommendations Development Year 3 and on SC,MOJ,AGO
Implement security measure for Judges safety Development By end year 4 SC, MOJ, MOI
Public information system improved Development Year 2 on MOJ
Enhanced awareness of public in general and women in Development Year 2 on MoWA
particular of women's legal rights

242 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


PILLAR : GOOD GOVERNANCE
SECTOR : JUSTICE AND THE RULE OF LAW
Expected Outcomes Policy Actions and Activities category Time frame Responsible Agencies
Public demands Sexual Harassment and grievance handling Year 2 on
laws/policy to be enacted
Justice institutions construct, acquire or make functional on a Development Year 3 and on
priority basis infrastructure necessary to expand delivery of
justice services throughout provincial and district areas
outside of regional centers.
Assess and priorities equipment and supply needs of justice Development By end year 2 SC,MOJ,AGO
institutions and establish effective and accountable
procurement systems.
Provide equipment and supplies in accordance with needs Development Year 2 and on SC,MOJ,AGO
assessment.
Conduct comprehensive inventory of all transportation assets, Development By end year 2 SC,MOJ,AGO
indicating condition and expected lifespan.
Survey existing asset management capacity and make Development By end year 1 SC,MOJ,AGO
recommendations for improvement
Justice institutions acquire and maintain transportation assets Development Year 3 and on SC,MOJ,AGO
sufficient to fulfill their tasks.
Increased and improved facilities to deal with female Institution Building Year 2 on MoJ
offenders
Legal education and Create and launch agreed core subject curriculum for Shari’a, Development By end Year 2 SC,MOJ,AGO
vocational training are law and political science faculties.
adequate to provide Create and launch agreed core subject curriculum for Shari’a, Development SC,MOJ,AGO
justice professionals with law and political science faculties.
sufficient know-how to
perform their task Survey and make recommendations for enhancement of legal Development Year 3 to 4 SC,MOJ,AGO
research facilities, including a feasibility study of the
establishment of an advanced legal research institute.
Create stakeholder consultations to develop policy and Development Year3 to 4 SC,MOJ,AGO
planning mechanisms for enhancing legal research capacity.
Law and Shari’a faculties establish links with foreign legal Development Year 2 and on MOHE, MOFA

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 243


PILLAR : GOOD GOVERNANCE
SECTOR : JUSTICE AND THE RULE OF LAW
Expected Outcomes Policy Actions and Activities category Time frame Responsible Agencies
educational institutions to enhance research capacity,
including foreign study programmes for both students and
staff.
Universities identify and enhance infrastructure so as to Development By year 2 MHE, MOJ
accommodate female students and staff
Universities develop and implement policies to raise Development By end year 2 MHE, MOJ
percentage of female students and staff to at least 30 percent
Justice institutions, in coordination with the Independent Development By end year 2 INLTC
National Legal Training Center, develop appropriate
vocational training courses for justice professionals, paying
specific attention to the needs of female professionals.
Justice institutions, in coordination with the Independent Development Year 3 and on SC,MOJ,AGO, INLTC
National Legal Training Center, develop and implement
specialized programmes for continuing legal education,
paying specific attention to the needs of female professionals.
Statutes are clearly Perform comprehensive needs assessment of Taqnin and Institution Building By end Year 1 MOJ, Parliament
drafted, constitutional and make recommendations for technical assistance and capacity
the product of effective building
and consultative drafting Provide technical assistance and capacity building for Taqnin Institution Building Year 2 and on MOJ
processes in line with recommendations.
Establish a working body to promote greater cooperation and Institution Building Year 2 and on MOJ, Parliament
enhance the efficiency of the legislative drafting process.
An indexed compilation of all laws in force is assembled and Development By end Year 3 and on MOJ
updated regularly.
Taqnin conducts a review of the constitutionality of all laws Development By end Year 3 and on SC,MOJ,AGO, MOI
in force, and recommends amendments to ensure
constitutionality.
Unconstitutional laws are amended to ensure constitutionality Development Year 3 and on Parliament, MOJ, AOG
Assess capacity of government institutions and entities to Development By end year 2 MOJ
draft laws and make recommendations for enhancing that
244 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)
PILLAR : GOOD GOVERNANCE
SECTOR : JUSTICE AND THE RULE OF LAW
Expected Outcomes Policy Actions and Activities category Time frame Responsible Agencies
capacity
Implement recommendations for enhancing legislative Development commencing year 3 MOJ
drafting capacity in justice institutions.
Establish a Taqnin working group to make recommendations Development Year 2 MOJ
for inclusion of civil society stakeholders in legislative
deliberations.
Implement recommendations Development Year 3 and on MOJ
Justice institutions Develop and implement procedures to safeguard and further Legislation Year 1 and on AGO, MOJ
effectively perform their the role and function of defense attorneys in criminal
functions in a harmonized investigations and trials
and interlinked manner Update and implement court regulations in order to facilitate Legislation By end Year 4 SC, AGO
filing and tracking of civil and criminal cases (including AGO
Information System).
Create and establish the Programme Oversight Committee, Institution Building By commencement SC, MOJ, AGO
together with requisite administrative and logistical support Year 1
Create and establish the Programme Implementation Unit Institution Building By commencement Oversight Committee
Year 1
Design and administer a baseline survey of legal system Institution Building By end Year 1 MOJ
performance
Improve information sharing between justice institutions, and Institution Building Year 3 and on SC, MOJ, AGO
coordinate information management and interfacing.
Develop, establish, and implement measures and mechanisms Institution Building Year 1 and on AGO, MOI, MOJ
to improve police prosecutor coordination in criminal matters;
and addressing the cross-cutting issues
Introduce effective “one-stop” complaints system covering all Institution Building Year 2 and on SC,MOJ,AGO
justice institutions.
Enhance capacity of police and prosecutors to conduct Institution Building Year 2 and on AGO, MOI
proactive criminal investigations.
Enhance capacity for managing corruption issues. Institution Building Year 2 on SC, MOJ, AGO, MOI

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 245


PILLAR : GOOD GOVERNANCE
SECTOR : JUSTICE AND THE RULE OF LAW
Expected Outcomes Policy Actions and Activities category Time frame Responsible Agencies
Train judges, lawyers and prosecutors in trial practices and Institution Building Year 2 and on SC,MOJ,AGO
trial management.
Assessment of information interfacing needs of AGO, MOI, Institution Building By end Year 1 SC,MOJ,AGO
MOJ, courts, and other specialized agencies.
Assessment and improvement of paper-based case file and Institution Building By end Year 1 SC,MOJ,AGO
case tracking systems.
Evaluate the viability of converting paper-based file systems Institution Building Year 2 and 3 Program Oversight Committee
to combined paper and electronic file systems
Justice institutions develop plans and implement coordination Institution Building Year 2 and on Program Oversight Committee
mechanisms for specialized units addressing cross-cutting
issues
Recruit qualified professionals with specialized knowledge of Institution Building Year 2 and on Program Oversight Committee
cross-cutting issues
Justice mitigation measures are developed Institution Building MOJ
Build capacity of judges, prosecutors, and investigators by Institution Building Year 2 and on Program Oversight Committee
training on cross-cutting issues.
Citizens are more aware of Assess the needs of the justice institutions and citizens for Development By end Year 1 MOJ
their rights and justice legal materials.
institutions are better able Compile and distribute legal materials in response to needs Development By end Year 3 MOJ
to enforce them. and establish system for routine updating of legal resources.
Develop and distribute judicial and procedural manuals for Development From Year 2 on MOJ
legal professionals, including judges, prosecutors and defense
advocates.
Survey and standardize routine legal documents (e.g., bonds, Development By Year 4 and on MOJ
title deeds, marriage certificates and certificates of the courts)
and the existing systems for registering, indexing and
retrieving them.
Distribute forms to relevant justice facilities nationwide and Development By Year 4 and on MOJ
train staff to use them and make them available to the public

246 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


PILLAR : GOOD GOVERNANCE
SECTOR : JUSTICE AND THE RULE OF LAW
Expected Outcomes Policy Actions and Activities category Time frame Responsible Agencies
for standardized nominal fees.
Pilot an electronic storage and retrieval system for legal Development Year 2 to 3 SC,MOJ,AGO
registration documents
Design legal awareness programs paying particular attention Development Years 1 - 3 MOJ
to:
• Successes and lessons learned from previous campaigns
• Human rights and Islamic values
• The rights of women and children
• The needs of illiterate persons
• Transitional justice
• The roles of each justice institution in promoting access to
justice for all.
Implement legal awareness programs, in coordination with Development Commence end Year 2 MOJ, IDLG
activities expanding formal justice systems to provinces. on
Conduct baseline survey legal aid service provision Development Commence end Year 2 MOJ
on
Consider options and costs of various models for legal aid Development By Year 2 MOJ
delivery, and draw up recommendations for a legal aid
system.
Implement legal aid recommendations Development Year 2 and on MOJ
Conduct needs assessment and survey of obstacles to access Development By end Year 1 MOJ
to and use of formal legal system.
Draw up recommendations to increase access to and use of Development By end Year 1 MOJ
formal legal system
Survey of legal gateways to justice services. Development By end Year 1 MOJ
Consider options and costs of various models for improving Development By end Year 1 MOJ
access to formal system, and draw up recommendations
Implement recommendations to improve access Development Year 2 and on SC,MOJ,AGO
Generate public awareness about corruption and anti- Development Year 2 on SC,MOJ,AGO

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 247


PILLAR : GOOD GOVERNANCE
SECTOR : JUSTICE AND THE RULE OF LAW
Expected Outcomes Policy Actions and Activities category Time frame Responsible Agencies
corruption issues
strengthened institutional response to stop violence against Institution Building Year 2 on SC,MOJ,AGO
women
improved capacity of the provincial govt to address and deal Development Year 3 and on SC, SGO, MOJ
with VAW
Civil justice is Review existing civil justice processes and practices, Institution Building Year 2 MOJ, AOG,, SC
administered effectively, including enforcement of judgments, and develop
and in accordance with recommendations based on the findings.
law, the Constitution, and Public demands Sexual Harassment and grievance handling Legislation Year 2 and on Parliament, MOJ, AOG
international standards laws/policy to be enacted
Criminal justice is Strengthen the legal framework so as to improve Legislation From Year 2 on MOJ
administered effectively, responsiveness to the needs of juvenile offenders and children
and in accordance with in conflict with the law
law, the Constitution, and Strengthen the legal and institutional framework for children Legislation From Year 2 on MOJ
international norms and accompanying their parents in prison.
standards
Develop and implement policy recommendations for Legislation From Year 2 on MOJ
improving sentencing, detention, and conditions of prisoners.
Promote practices within the justice institutions that are Institution Building From Year 2 on SC,MOJ,AGO
supportive of the rights of victims, witnesses, the accused, and
those convicted of crimes
Family Response Units, staffed by all female police officers, Institution Building Starting Year 2 and on SC,MOJ,AGO
are functional in all provinces, and are effectively linked with
Special Victims Units in the AGO.
Develop and implement training programs for corrections Institution Building By end year 4 MOJ
officials incorporating recommendations based on analysis.
Rationalize and update civil justice process and practices, Institution Building Starting Year 3 PAR (MOJ)
including enforcement of judgments, in accordance with the
developed recommendations
Review and analyze existing assistance, programs and Development By Year 1 MOJ, MOLSA

248 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


PILLAR : GOOD GOVERNANCE
SECTOR : JUSTICE AND THE RULE OF LAW
Expected Outcomes Policy Actions and Activities category Time frame Responsible Agencies
activities for juvenile offenders and children in conflict with
the law.
Develop information campaigns to enhance the public’s Development Starting Year 2 and on MOJ, MOLSA
knowledge of the rights of victims, witnesses, and the accused
in the criminal justice system
Procedural code is amended to address specific needs of Development By Year 3 MOJ, MOLSA
witnesses, including women and other vulnerable groups
Establish a system to record past human rights abuses and to Development Year 2 and on MOJ, MOLSA
preserve the rights of victims
Carry out a baseline survey of prosecution efficiency and Development By end year 1 SC
number of criminal complaints proceeding to trial.
Develop a program for prioritizing prosecution resources Development By end year 2 AGO
according to seriousness of the offense.
Review and analyze existing assistance, programs and Development By Year 2 MOJ
activities relating to sentencing practices, detention practices,
and prisoner conditioners.
Regulatory reforms, procedures and protocols established Institution Building Year 2 and on MOJ
Counter Narcotic Laws implemented Legislation Year 2 and on MCN, AGO, SC, MOI
Justice institutions are Develop, finalize and disseminate codes of ethics for Institution Building By end Year 1 SC,MOJ,AGO
transparent and professionals in justice institutions.
accountable Performance evaluation with special focus on corruption Institution Building Year 2 and on SC,MOJ,AGO
incorporated as part of the system transparency and
accountability
Train justice professionals on ethics code. Institution Building Year 2 on SC,MOJ,AGO
Design and establish dedicated and effective institutional Institution Building Year 2 and on SC,MOJ,AGO
units and procedures to advice on and enforce codes of ethics.
Improve the professional and ethic standards of attorneys at Institution Building Year 2 and on SC
law through an Independent Bar Association.

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 249


PILLAR : GOOD GOVERNANCE
SECTOR : JUSTICE AND THE RULE OF LAW
Expected Outcomes Policy Actions and Activities category Time frame Responsible Agencies
Develop and standardize informational materials on the Institution Building By end year 3 MOJ
mission, the function and the operating procedures of each
justice institution and make it available to the public.
Establish a dedicated office within each justice institution and Institution Building By end Year 3 SC,MOJ,AGO
organization capable of acting as a focal point for public
inquiries.
3 Justice institutions participate in a commissioned study of Institution Building Year 4 and on MOJ
the feasibility of introducing administrative law structures and
procedures to enhance accountability of government
institutions
Implement the activities related to operations of the justice Institution Year 2 and on SC,MOJ,AGO
sector contained in the National Anti Corruption Strategy.

250 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


2.  Annex II: Monitoring and Evaluation Matrix  
PILLAR: GOVERNANCE, RULE OF LAW AND HUMAN RIGHTS
SECTOR: JUSTICE AND THE RULE OF LAW
Expected Outcomes Indicators Baseline Targets

Public can rely on effectively Index on the progress of putting in place systems so that Under Assessment by end 2010 (1391), reforms will strengthen the professionalism,
organized and professionally staffed public can rely on effectively organized and professionally credibility and integrity of key institutions of the justice system (the
justice institutions staffed justice institutions. Ministry of Justice, the Judiciary, the Attorney-General’s Office, the
Ministry of the Interior and the National Directorate of Security)
# of oversight and disciplinary mechanism developed and Under Assessment TBD
implemented by AGO, MoJ and Supreme Court
Justice institutions have access to Index on the progress of providing Justice institutions access Under Assessment By the end of 2010 (1391), justice institutions will be fully
infrastructure, transportation, to infrastructure, transportation, equipment, and supplies functional and operational in each province of Afghanistan, and the
equipment, and supplies adequate to adequate to support effective delivery of justice services average time to resolve contract disputes will be reduced as much as
support effective delivery of justice possible
services # of functioning and adequately resourced, judicial Under Assessment TBD
institutions in each province
# of functional prisons (Detention Centers, DC) 33 Provincial DC TBD
184 District DC
# of Adequate detention and correction facilities for women 2 (Kabul, Herat) TBD
18 Provinces with no
facilities
Legal education and vocational Index on the progress of improving legal education and Under Assessment By end-2013 the Justice Institutions will Have recruited and
training are adequate to provide vocational training to provide justice professionals with promoted justice professionals on merit, based on established
justice professionals with sufficient sufficient know-how to perform their task policies and procedures, including meeting the target of 30% of the
know-how to perform their task professional staff being female
Statutes are clearly drafted, Index on the progress of making Statues clearly drafted, Under Assessment TBD
constitutional and the product of constitutional and the product of effective and consultative
effective and consultative drafting drafting processes.
processes
Justice institutions effectively Index on Progress of enacting and implementing new Under Assessment By 2009 (1388), the new criminal procedure code will be enacted
perform their functions in a criminal procedure and published, and for its implementation training with written
harmonized and interlinked manner commentary will be provided to all legal professionals, as well as
community legal education for citizens
Index on the progress of putting in place systems so that Under Assessment By end-2013 the Justice Institutions will have mapped in detail the
Justice institutions effectively perform their functions in a processes linking all justice institutions, and have streamlined them
to improve information systems and business processes, with the

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 251


PILLAR: GOVERNANCE, RULE OF LAW AND HUMAN RIGHTS
SECTOR: JUSTICE AND THE RULE OF LAW
Expected Outcomes Indicators Baseline Targets
harmonized and interlinked manner. aim of reducing delays in processing of cases, administrative costs
and vulnerability to corruption
Citizens are more aware of their Index on the progress of making citizens more aware of their Under Assessment By end-2013, the Justice Institutions will encourage press coverage
rights and justice institutions are rights and justice institutions being better able to enforce of justice proceedings, public attendance at those proceedings, and
better able to enforce them. them. general public understanding of the process at each stage of such
proceedings. The justice institutions should encourage and
participate in the development of outreach programs within civil
society including curriculum for public education at all levels
Criminal and Civil justice is Index on the progress of putting in place systems so that Under Assessment By end-2013, the Justice Institutions will have established an easily
administered effectively, and in Criminal and Civil justice is administered effectively, and in accessible and functioning public complaints system in at least eight
accordance with law, the accordance with law, the Constitution, and international major provincial capitals with clear processes for handling
Constitution, and international standards. complaints
standards
Justice institutions are transparent Index on the progress of making justice institutions Under Assessment By end-2013, the Justice Institutions will have determined their
and accountable transparent and accountable. vulnerabilities to corruption and established policies and procedures
to eliminate such vulnerabilities

252 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


3.  Annex III, List of Programs and Projects  

List of Projects (Sector)

Project Duration Breakdown of Requirements (US$ Millions) Total External


AFG Total
Programs / Requirem Gap (US$ Major Responsible
S/N Budget Funding
Project title 1392 ent (US$ Million) Donors Agency
Ref Start End 1387 1388 1389 1390 1391 (US$ Million) Core
+ Million)

Criminal Justice
AFG/ UK- Supreme
Task Force- 1387 New 0.604 0.66 1.268711 0.604 0.664711 Core
0810601 MoFA court
Counter Narcotics

AFG/ National Justice Supreme


1387 New 6.000 5.20 11.200000 6.000 5.200000 ARTF Core
0815401 Program court

Construction of 6
AFG/ Carry Ministry of
Prison Buildings in 1386 2.000 1.00 3.000000 0.000 3.000000 Core
0731601 Forward Justice
Provinces

Construction of
Kitchen,
Rehabilitation of
AFG/ Block (Zone) and Ministry of
1387 New 0.900 0.900000 0.000 0.900000 Core
0814701 Purchase of Justice
Equipment for
Central Jail Pul-e-
charkhi

AFG/ National Justice Ministry of


1387 New 3.500 6.00 9.500000 3.500 6.000000 ARTF Core
0815501 Program Justice

Criminal Justice
AFG/ Task Force- UK- Attorney
1387 New 0.604 0.66 1.268711 0.604 0.664711 Core
0809601 Counter Narcotics MoFA General Off.
(AGO)

AFG/ National Justice Attorney


1387 New 7.000 5.50 12.500000 5.500 7.000000 ARTF Core
0815301 Program General Off.

Total 39.637422 16.208000 23.429422

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 253


List of Projects (Sector)

Project Duration Breakdown of Requirements (US$ Millions) Total External


AFG Total
Programs / Requirem Gap (US$ Major Responsible
S/N Budget Funding
Project title 1392 ent (US$ Million) Donors Agency
Ref Start End 1387 1388 1389 1390 1391 (US$ Million) Core
+ Million)

AFG/ Afghanistan Rule Ministry of


1386 22.10 0.00 0.00 22.100000 0.604 21.496000 USAID External
0602501 of Law Program Justice

Information and
AFG/ Ministry of
legal Aid 1386 1.00 0.00 0.00 1.000000 1.604 -0.604000 DNK External
0669201 Justice
assistance project

AFG/ Criminal Justice Ministry of


1386 4.62 4.62 4.62 13.850402 2.604 11.246402 UK-FCO External
0773101 Task Force Justice

AFG/ Ministry of
Prison Trainers 1386 0.76 0.76 0.00 1.528320 3.604 -2.075680 UK-FCO External
0774501 Justice

Nationalizing
AFG/ Ministry of
Legal Aid in 1386 0.73 0.00 0.00 0.725000 4.604 -3.879000 CAN External
0821501 Justice
Afghanistan

AFG/ Justice Sector Ministry of


1386 1.90 0.00 0.00 1.900000 5.604 -3.704000 USAID External
0828201 Development Justice

AFG/ EC Support to Ministry of


1386 28.00 0.00 0.00 28.000000 6.604 21.396000 EC External
0830001 justice Sector Justice

Total 69.103722 25.228000 43.875722

254 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


4.  ANNEX IV: List of Sub National Priorities Programs and Projects (Justice Sector Strategy) 
Project Duration
Project Funding (US$ Millions)
Responsible (year)
No. Project Name Location
agency Total
Province Start End Funded Gap
Req.
Capacity building of the justice sector and professionally equipping the research
centre. Balkh MoJ 1388
1388
Construction of juvenile detention centre. Balkh MoJ
Establishment of family court with all the related material, in the centre of the 1388
province. Balkh SC
1388
Establishment of legal assistance centre, in the centre of the province. Balkh MoJ
Construction of prison in Char Kent, Sholgara, Dawlat Aabad and Char Bolak 1388
districts. Balkh MoJ
Construction of family court in the centre of the province, 40000 families as 1388
beneficiaries Bghlan SC
1388
Construction of store roomss for Justice and legal documents. Bghlan MoJ, SC
1388
Creation of a research centre for lawyers in the centre of the province. Bghlan MoJ
1388
Creation and Construction of legal library in the centre of the province. Bghlan MoJ
1388
Construction of Provincial Attorney’s office, in the centre of province. Bghlan AGO
1388
Building Construction for the district Attorneys in all districts of province. Bghlan AGO
Construction of prison building for men and women in Dasht Essa Khan, centre of 1387
the province (600,000 prisoners ). Bamyan MoJ
1388
Construction of juvenile detention centre for 600,000 children. Bamyan MoJ
1387
Construction of justice complex in the centre of Bamyan. Bamyan MoJ, SC, AGO

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 255


Project Duration
Project Funding (US$ Millions)
Responsible (year)
No. Project Name Location
agency Total
Province Start End Funded Gap
Req.
1388
Construction of justice complex in Waras district. Bamyan MoJ, SC, AGO
1388
Construction of justice complex in Kahmard district. Bamyan MoJ, SC, AGO
1388
Construction of justice complex in Yakawlang district. Bamyan MoJ, SC, AGO
1388
Construction of justice complex in Saighan district. Bamyan MoJ, SC, AGO
1388
Construction of justice complex in Punjab district. Bamyan MoJ, SC, AGO
1387
Construction of a women’s prison in the centre of Badakhshan (15 rooms). Badakhshan MoJ
1387
Construction of a justice building in Yawan Badakhshan MoJ
1388
Construction of a High Court in Share Buzarg . Badakhshan SC
1387
Construction of the Department of Justice building in the provincial centre. Daikundi MoJ
1388
Construction of a juvenile detention centre in the provincial centre (30 rooms). Daikundi MoJ
1388
Establishment of legal library in the provincial centre (5 rooms). Daikundi MoJ
1388
Construction of attorney office building in the provincial centre (20 rooms). Daikundi AGO
1388
Construction of jail in Andkhoi district. (15 rooms, 367600 beneficiaries). Faryab MoJ
1388
Construction of jail in centre of Qaisar province. Faryab MoJ
Construction of juvenile detention centre in Maimana city (20 rooms, 1.8 million 1388
beneficiaries). Faryab MoJ
Construction of auditorium for Department of Justice in centre of Garziwan (one 1387
auditorium, 5 rooms, 146000 beneficiaries). Faryab MoJ
1388
Construction of court building in centre of Pashtoncot about 10 rooms. Faryab SC

256 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Project Duration
Project Funding (US$ Millions)
Responsible (year)
No. Project Name Location
agency Total
Province Start End Funded Gap
Req.
1388
Construction of court building in centre of Shirin Tagab (10 rooms). Faryab SC
1388
Construction of court building in centre of Alamar (10 rooms). Faryab SC
1388
Construction of public administration judicial building in Maimana city (10 rooms). Faryab MoJ
1388
Construction of Attorney’s office in centre of Maimana (10 rooms). Faryab AGO
1388
Rehabilitation of Jawzjan central jail. Jawozjan MJ
Construction of attorney’s office and judicial department building and protection 1387
juvenile detention centre in provincial centre. Jawozjan MJ
1388
Construction of jail for men and women in central Faizabad district. (20 rooms). Jawozjan MJ
Establishment of Ulamas and People’s Joint Commission for legal and religious 1388
awareness at provincial level. Jawozjan MJ
1388
Construction of jail for men and women in centre of Mangjak district. (20 rooms) Jawozjan MJ
Construction of central jail for men and women in the centre of Qoshtepa district 1388
(20 rooms). Jawozjan MJ
1388
Construction of Attorney General & Human Rights office in the provincial centre. Parwan AGO
1388
Construction of court building in Bagram district (15 rooms). Parwan SC
1388
Construction of prison in Jabul Seraj. Parwan MoJ
Creation of a monitoring board for the implementation of law in the provincial 1388
centre. Parwan MoJ
Establish of a monitoring committee for law implementation in the centre of the 1388
province. Parwan MoJ
1388
Construction of juvenile detention centre in Rokha district (10 rooms) Pajshir MoJ

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 257


Project Duration
Project Funding (US$ Millions)
Responsible (year)
No. Project Name Location
agency Total
Province Start End Funded Gap
Req.
1388
Establishment of vocational courses for police and judicial court personnel. Ghazni SC
1388
Construction of female prison ( 30 rooms beneficiaries 300 inmates (centre) Ghazni MoJ
1388
Construction of Juvenile Detention Centre (30 Rooms, 300 inmates). Ghazni MoJ
Establishment of awareness centre for people form law and rights, 500 persons will 1388
be benefited, centre of the province. Ghazni MoJ
1388
Construction of prison in centre of Oba district. Hirat MoJ
1388
Construction of prison in centre of Adraskan district. Hirat MoJ
Establishment of civil and legal public awareness programs at provincial level. 1388
(1000000 beneficiaries). Hirat MoJ
Construction of complex building of judicial and law department in centre of 1388
province. Hirat MoJ, SC, AGO
1388
Establishment of legal assistance centre for attorneys at provincial level. Hirat AGO
1388
Construction of judicial offices complex building in the centre of the province. Takhar MoJ, SC, AGO
1388
Construction of lock-up building for men and women in Farkhar district. Takhar MoJ
1388
Rehabilitation of juvenile centres in Jalalabad .Beneficiaries 10000 Nangarhar MoJ
1388
Construction of prison in 22 districts. Nangarhar MoJ
Construction of Building for Government Cases and Legal Dept Complex Building 1387
Beneficiaries 250000 Nangarhar MoJ
1388
Reconstruction of Nangarhar prison. Beneficiaries5000 Nangarhar MoJ
1388
Construction of jail in Paktika. About 50 Room Paktika MoJ

258 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Project Duration
Project Funding (US$ Millions)
Responsible (year)
No. Project Name Location
agency Total
Province Start End Funded Gap
Req.
1388
Activation of the courts and construction of the court buildings.20Room Paktika SC
1388
Construction of the Attorney General and Justice building.18 Room Paktika MoJ, AGO
1388
Construction of 10 rooms, High Court building, in Zerok district. Paktika SC
1388
Construction & activation of 15 room High Court building, in Omna district. Paktika SC
1388
Construction & activation of 20 room High Court building in Barmal district. Paktika SC
1388
Construction of 15 room court for the Attorney General, for Kuchis. Paktika AGO
Construction of a 35 room building in central Sharana for the Attorney General, 1388
Saranwali. Paktika AGO
1388
Construction of Justice complex in centre of Kundoz (about 40 rooms). kundoz MoJ, SC, AGO
1388
Construction of prison in Imam Sahib District (15 rooms). kundoz MoJ
1388
Construction of prisons in Char Dara district, 12 rooms. kundoz MoJ
1388
Construction of prison in Dasht Archi district, 12 rooms. kundoz MoJ
1388
Children and juvenile detention centre of the province, 20 rooms kundoz MoJ
1388
Construction of the prison building in Khan Aabad district, 12 rooms. kundoz MoJ
1388
Construction of the prison building in Ali Aabad district, 10 rooms. kundoz MoJ
1388
Construction of the prison building in Qala-i-Zal district, 12 rooms. kundoz MoJ
Construction of Administration Department of Directorate of Law and Government 1388
cases. complex building, in the provincial centre. Samangan MoJ
1387
Construction of standard prison in the provincial centre. Samangan MoJ

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 259


Project Duration
Project Funding (US$ Millions)
Responsible (year)
No. Project Name Location
agency Total
Province Start End Funded Gap
Req.
Improvement of the law & legal awareness level in the centre of the province and 1388
all districts. Samangan MoJ
1388
Construction of administration and prison complex building in the provincial centre. Samangan MoJ
1388
Creation of a civil and legal assistance system in the centre and all districts. Samangan MoJ
Construction and creation of a family court with female lawyers, in the centre of 1388
the province. Samangan SC
1388
Directorate of Law in Qali Naw city. (60,000 bebeficiaries) Badghis MoJ
Construction of a prison for men & women in Abkamari district (103,000 1388
beneficiaries) Badghis MoJ
Construction of offices & residential buildings for the Directorate of Justice in 1388
Balamorghab district, (200,000 beneficiaries) Badghis MoJ
1388
Construction of a women’s prison in Ghormach district (100,000 beneficiaries) Badghis MoJ
1388

Establishment of a dissemination & awareness raising program for Rule of Law & 1388
Human Rights, in particular refugees Badghis MoJ
1388
Construction of prison for male and female prisoners at Moqur district Badghis MoJ
1388
Construction the building for Directorate of Law at Jawand district Badghis MoJ
1388
Construction the building for Directorate of Justice at Qadis district Badghis MoJ
1387
Construction of justice complex building, provincial centre. Sari pul MoJ
1388
Establishment and creation of juvenile detention centre Sari pul MoJ
1388
Construction of justice complex building, Balkhab district. Sari pul MoJ

260 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Project Duration
Project Funding (US$ Millions)
Responsible (year)
No. Project Name Location
agency Total
Province Start End Funded Gap
Req.
1388
Construction of justice complex building, Gosfandi district Sari pul MoJ
1388
Construction of justice complex building, Kohestanat district. Sari pul MoJ
1388
Construction of prison in Sayad district. Sari pul MoJ
1388
Construction of justice complex building, Sayad district. Sari pul MoJ
1388
Construction of prison building in Sozma Qala district. Sari pul MoJ
Reconstruction of Kandahar prison in Kandahar City (300 rooms, 1,500 1388
beneficiaries). Kandahar MoJ
1388
Construction of prisons in all districts, (500,000 beneficiaries). Kandahar MoJ
1388
Creation and construction of a women’s prison in Pul-i-Alam. Logar MoJ
1387
Establishment of Ladies Lawyer Training Centre Logar MoJ
1387
Law Awareness Seminar for Prisons (200 beneficiaries) Logar MoJ
1387
Establishment of legal library with approx. 6000 modern technology books. Logar MoJ
1388
Construction of building forDrictorait of Government Cases (12 rooms) Laghman MoJ
1388
Construction of building for Law Department (12 rooms) Laghman MoJ
Construction o f JuvenileRehablitation centre for children (20 rooms, beneficiary’s 1388
poor children). Laghman MoJ
1388
Construction of block for political prisoners in Laghman Jail (24 rooms) Laghman MoJ
Construction of building for Judicial /Attorney /and Legal Departments Complex 1388
Alingar district (12 rooms) Laghman MoJ, SC, AGO
Construction of building for Judicial /Attorney /and Legal Departments Complex 1388
Alishing district (12 rooms) Laghman MoJ, SC, AGO
AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 261
Project Duration
Project Funding (US$ Millions)
Responsible (year)
No. Project Name Location
agency Total
Province Start End Funded Gap
Req.
1387
Law Awareness program taught the Radio in Shajoi District Beneficiaries 80000 Zabul MoJ, SC, AGO
Creation of Judiciary System in Shinkai District And Construction of Building About 14 1388
Zabul SC
Room

construction of Court Building in arghandab District Beneficiaries 150000 Zabul SC 1388

Construction of building for judicial Organization Urozgan SC 1388

Construction of building for Attorney. Urozgan AGO 1388

Construction of jail in Khas Urozgan. Urozgan MoJ 1388

Construction of legal and judicial assembly building and juvenile detention centre in centre 1387
Ghor MoJ
of Chighchiran.

Construction of legal principality building in Chaharsada district (4 rooms). Ghor MoJ 1388

Construction of legal principality building in Shahrak district (4 rooms). Ghor MoJ 1388

Construction of legal principality building in Pasaband district (4 rooms). Ghor MoJ 1388

Construction of jail for men and women (120 rooms). Ghor MoJ 1388

Construction of buildings for government cases, 14 rooms in the centre of Farah 1388
Farah MoJ
Beneficiaries all Province
Childeren and juvenile detention centre construction (30 rooms, 100 children) centre of 1388
Farah MoJ
Farah
Conducting legal awareness workshops for men & women (200 men 100 women 1388
Farah MoI
beneficiaries).

Construction of new prison for men in airport area, beneficiaries are 400 persons. Farah MoI 1388

262 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Project Duration
Project Funding (US$ Millions)
Responsible (year)
No. Project Name Location
agency Total
Province Start End Funded Gap
Req.
1388
Creation of good Justice through administrative reform in all government sectors. Nimroz MoJ
1388
Construction of a men’s and women’s prison. Beneficiaries 500 Nimroz MoJ
Construction of building for training of children and juvenile detention centre at 1387
provincial centre. Beneficiaries 120 Nimroz MoJ
1388
Establishment of Lawyers Association in centre of province. Nimroz MoJ
1388
Enforcement of law in all communities. Benefit All Province Nimroz MoJ
. Construction of Judicial Organization12 room central Nooristan. Beneficiaries All 1388
Nooristan Noristan MoJ
Construction of Legal Department.15 Rooms Centre of Paroon Beneficiaries All 1388
Nooristan. Noristan MoJ
Construction of Jail (about 35 rooms, central Nooristan). Paroon Beneficiaries All 1388
Nooristan Noristan MoJ
1388
construction of a building for the Judiciary in Kamdish (18 rooms). Noristan SC
1388
-Construction of a prison in Bargmatal, about 18 rooms. Noristan MoJ
1388
- Construction building for the high court in Noor Gram district, about 10 rooms. Noristan SC
Construction of Court with 18 rooms in Want - Waigul District Beneficiaries 1388
People of District Noristan SC
Construction of Court in Dowab,containing 18 rooms Beneficiaries People of 1388
District Noristan SC
1388
Construction of District Office, Court, Custody Room Hilmand MoJ, SC, AGO
1387
Construction of Legal Department office (Centre) Hilmand MoJ
1388
Construction of Juvenile Detention Centre in Lashkargah Hilmand MoI

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 263


Project Duration
Project Funding (US$ Millions)
Responsible (year)
No. Project Name Location
agency Total
Province Start End Funded Gap
Req.
1388
Construction of jail for men and women (centre). Hilmand MoI
1388
Construction of Juvenile Rehabilitation centre in centre of Khost. Khost MoJ
1388
Construction of legal and judicial office in centre of Khost. Khost MoJ, SC, AGO
1388
Construction of court, Musa Khil district (115000 beneficiaries). Khost SC
1388
Construction of court, Tanai district (100000 beneficiaries). Khost SC
1388
Construction of court Zazimaidan district (100000 beneficiaries). Khost SC
1388
Construction of houses for judicial staff (150000 beneficiaries). Khost SC
1388
Construction of building for Attorney (1150000 beneficiaries). Khost AGO
1388
ConstructionofMen’sJail,20rooms.for200 person. Kunar MoJ
1388
Construction of Women’s Jail (10 rooms 60 Beneficiaries. Kunar MoJ
Nine month judicial training workshops for Government Officers (10 rounds 50 1388
officers). Kunar MoJ
1388
construction of Building for judiciary in manogai District. Kunar MoJ
1388
Construction of Juvenile Rehabilitation Centre (8 room’s provincial level). Kunar MoJ
1388
construction of custody Room in 14 District About 2 Rooms. Kunar MoJ
1388
construction of a prison in Zurmat district centre Paktia MoJ
1388
Construction of a prison in Ahmad Khil centre Paktia MoJ
1388
Construction of a prison in Chamkani Centre. Paktia MoJ
1388
Establishment of a commission and a prison in Gardez. Paktia MoJ

264 AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)


Project Duration
Project Funding (US$ Millions)
Responsible (year)
No. Project Name Location
agency Total
Province Start End Funded Gap
Req.
1387
Construction of Justice complex building in east part of Kabul. Kabul Urban MoJ
1388
Construction of Justice complex building in west part of Kabul. Kabul Urban MoJ, SC, AGO
1388
Construction of Justice complex building in north part of Kabul. Kabul Urban MoJ, SC, AGO
1388
Construction of Justice complex building in south part of Kabul. Kabul Urban MoJ, SC, AGO
1388
Construction of Justice complex building in central part of Kabul. Kabul Urban MoJ, SC, AGO
1387
Creation and establish of justice bookstore in ministry of justice. Kabul Urban MoJ
Conducting of awareness workshops regarding the public law, mainly women and koches 1387
(nomad). Kabul Urban MoJ
1388
Reconstruction and equipping of Kabul lock-up (prison). Kabul Urban MoJ
1388
Equipping of the justice sector in the entire province. Balkh MoJ

AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS) 265


AFGHANISTAN NATIONAL DEVELOPMENT STRATEGY (ANDS)

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