baseline study at district level herat-eng

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Embassy of Italy in Afghanistan

BASELINE STUDY OF JUSTICE INSTITUTIONS CAPACITY IN

HERAT PROVINCE AT DISTRICT LEVEL

(DISTRICTS OFFICES OF THE DEPARTMENT OF JUSTICE IN HERAT PROVINCE)

FINAL STUDY REPORT

BY

CONSULTING AGENCY

GREEN STEP KABUL AFGHANISTAN

FUNDED BY

ITALIAN DEVELOPMENT COOPERATION OFFICE (IDCO)

EMBASSY OF ITALY IN AFGHANISTAN

Contact Information:

Dr. Abdul Rashid B.Sc. MD, MPH

Mobile: 0093-786140561

E-mail: [email protected],

Web Site: www.greenstep.com.af

Office Address: House 72, St. 02, Ward 06, Karti-3 Kabul, Afghanistan

http://www.greenstep.com.af/

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Disclaimer: The contents of this publication, including any opinions or analysis, indicate

the personal assessment of the author and do not necessarily reflect the official views or

policies of the Directorate General for Development Cooperation of the Italian Ministry of

Foreign Affairs

This study was not formally edited

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ACKNOWLEDGEMENT

The Project titled BASELINE STUDY OF JUSTICE INSTITUTIONS CAPACITY IN HERAT

PROVINCE AT DISTRICT LEVEL (DISTRICT OFFICES OF THE DEPARTMENT OF JUSTICE IN

HERAT PROVINCE) is an initiative funded by the Italian Development Cooperation Office

(hereinafter referred to as “IDCO”), Embassy of Italy in Afghanistan.

The study conducted and the report prepared is an effort of Green Step (GS) through its well-

experienced team, led by Dr. Abdul Rashid (B.Sc. MD, MPH (Master of Public Health) and ongoing

PhD in Management Studies). The study design, data collection tools, implementation plan and report

are primarily developed by Green Step with the technical support of the Mine Clearance Planning

Agency (MCPA) and have been reviewed by the IDCO Kabul office for quality improvement to

respond to the objectives and requirements of the study‟s Terms of Reference (TOR).

Green Step and its management team would like to thank the Embassy of Italy, IDCO‟s Kabul and

Herat team, the Director of the Department of Justice, and project stakeholders for their generous

technical and financial support and guidance for doing this study applicable and possible.

Our sincere gratitude goes to the staff members from Green Step who contributed in conducting the

field work. Last, but not the least, we express our sincere gratitude to all our respondents, who spent

their valuable time of taking part in the interviews, providing comprehensive information and

response to the questions patiently.

We also appreciate the efforts and support of the Heart District Governor‟s Offices, the justice

institutions in Herat for enabling Green Step‟s staff to conduct the study.

Dr. Abdul Rashid

Lead Consultant Green Step

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ACRONYMS:

B. Sc. Bachelor of Science

CBOs Community Based Organizations

CSOs Civil Society Organizations

DoJ Department of Justice

FGD Focused Group Discussion

FY Fiscal Year

GS Green Step

HR Human Resource

IDCO Italian Development Cooperation Office

IDI In-depth Interview

IT Information Technology

KW Kilo Watt

MCPA Mine Clearance Planning Agency

MD Doctor of Medicine

MPH Master of Public Health

MDGs Millennium Development Goals

M&E Monitoring and Evaluation

MIS Management Information System

MoJ Ministry of Justice

MoU Memorandum of Understanding

NGO Non-Governmental Organization

NPP5 National Priority Program-5

PhD Doctor of Philosophy

TOR Terms of References

UPS Universal Power Supply

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Table of Contents:

Topic Page-No

Disclaimer 2

Acknowledgement 3

List of Acronyms 4

Table of contents 5

Executive Summary 6

CHAPTER-ONE: INTRODUCTION AND BACKGROUND INFORMATION

Concept and Design of the Study 7

Overall Objectives of the Study 7

Composition of the Study team 9

Consultative Meetings 9

CHAPTER-TWO: STUDY METHODOLOGY

Desk Review, Primary Data Collections , and Study Tools 11

Data collection process, confidentiality, and data analysis plan 12

Limitations of the study 12

CHAPTER-THREE: STUDY FINDINGS

Summary of main findings 13 District Injil 16

District Kurukh 19

District Guzara 22

District Ghorian 25

District Zindajan 28

District Kohsan 31

District Keshk 34

District Keshk-e-Kohna 38

District Adraskan 40

District Shindand 44

District Obeh 47

District Gulran 50

District Chasht-e-Sharif 53

District Pashtun Zarghoon 56

District Farsi 59

Strengths and weaknesses general and specific for district DoJ offices 62

Recommendations general and specific for district DoJ offices 66

CHAPTER-FOUR: FINAL RECOMMENDATIONS

Final recommendations 68

References and annexes 73

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EXECUTIVE SUMMARY

The project titled “BASELINE STUDY OF JUSTICE INSTITUTIONS CAPACITY IN HERAT PROVINCE AT

DISTRICT LEVEL”(DISTRICT OFFICES OF THE DEPARTMENT OF JUSTICE IN HERAT PROVINCE) was

commissioned by IDCO and undertaken by Green Step.

The overall aim of the project was to assess the capacity of district DoJ offices and legal aid offices at

the district level in fifteen districts of Herat province with a focus on the structure and capability of

the district DoJ staff, district DoJ infrastructure, IT, electric and equipment capacity.

The field assessment was conducted by Green Step assigned team, consisted of a legal advisor,

electrical Engineer, an IT operator with a field coordinator, supervised by lead consultant, Dr. Abdul

Rashid. The field assessment was conducted during 20th August 2013 to 19th September 2013 in two

distinct phases.

A series of consultative meetings were held with IDCO Kabul and Herat officials, Chief of Justice

Department in Herat and other stakeholders. One of the main challenges the study team faced with,

was bad security situation almost in all of the 15 districts. Four out of 15 districts were identified

highly insecure and the Herat Chief of Justice Department did not recommend an assessment mission

to these districts. Thus, after a joint decision by IDCO, Herat chief of Justice Department and Green

Step, they have agreed to the change of data collection strategy, thus with the facilitation of the Herat

justice department, the Huquq managers of Gulran, Chasht-e-Sharif, Kushk-e-Kohna and Farsi

districts were invited to Herat city for interviews and the provision of information.

The study methodology involved review of literature and secondary data, collection of primary data

and physical observations of each of the DoJ offices at the district level. During the period of

assignment Green Step (GS) undertook the development of data collection tools, translation, field

visits to districts, consultative meetings with the relevant authorities, interviews with district Huquq

officials and development of draft study outline, draft report, summary of equipment list and

finalization of the report within the provided time.

After the data is analyzed, we found much information identical for all districts, such as staffing, their

roles, the case management process, unavailability of IT and computerized management system, use of

the traditional old recording system. Except for Guzara and Ghorian districts, all remaining thirteen

districts do not have individual and separate offices and infrastructure for the district DoJ office

(Huquq office).General recommendations drawn from the study findings includes strengthening the

institutional and human resource (HR) capacity, strengthening coordination and cooperation with the

police department and civil society through advocacy and sound coordination mechanisms.

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CHAPTER-ONE

INTRODUCTION

CONCEPT AND DESIGN OF THE BASE LINE STUDY OF JUSTICE INSTITUTIONS CAPACITY IN

HERATPROVINCE AT DISTRICT LEVEL (DISTRICT OFFICES OF THE DEPARTMENT OF

JUSTICE IN HERAT PROVINCE)

Purpose:To conduct a baseline study of the Provincial Department of the Ministry of Justice

(hereinafter referred to as “Department of Justice”) at district level throughout the province of Herat.

The study has two main objectives:

Main objective 1:

To provide reliable baseline information on office and IT equipment of the Department of Justice

(DoJ) offices at district level throughout the province of Herat, including the offices of Huquq and

legal aid in order to assess their future IT/office equipment needs. This objective is further divided

into the following specific objectives:

To assess the actual capacity both in terms of quality and quantity of IT equipment available in all

DoJ offices at the district levels;

To assess the office space and furniture of all DoJ offices at the district levels;

To assess the electric power capacity of DoJ offices at the district levels, paying particular

attention to its capacity of sustainability, in a constant and efficient manner with an assessment of

the additional load;

To provide final recommendations on how to improve the capacity of the DoJ district offices in

terms of IT and office equipment, including a list of detailed needs.

Main objective 2:

To provide reliable baseline information on the actual human resource capacity of DoJ offices at

district level and their case management capabilities. The objective is divided into the following

specific objectives:

Mapping the existing HR composition of the district DoJ offices based on Tashkeel with a focus on

the role, age, gender, qualification, background and proficiency of the staff;

Qualitative and Quantitative assessment of the work undertaken by the DoJ district offices (case

management capacity);

Recommendations on how to improve the capacity of DoJoffices in terms of HR capacity.

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This was a descriptive study with the scope to assess the capacity of the DoJ offices at the district level

throughout the Herat province. The assessment in principle was conducted in „15‟ districts of Herat

province in two stages. In the first stage seven districts were selected, in consultation with the

Directorate of Heart Justice office, and have been visited. In the second stage, the remaining eight

districts were covered. These „15‟ districts include Adraskan, Chashti Sharif, Farsi, Ghoryan, Gulran,

Guzara, Injil, Karukh, Kuhsan, Keshk, Keshk-e-Kuhna, Obeh, Pashtun Zarghun, Shindand and Zinda

Jan.

In the first stage we covered and assessed the following districts:

1. District Injil

2. District Karukh

3. District Gozara

4. District Zindajan

5. District Ghoryan

6. District Kohsan

7. District Keshk

The remaining eight districts were covered in the second phase of the study.

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The composition of study team

The assessment team was composed of a lead consultant, Dr. Abdul Rashid (BSc. MD. MPH and

ongoing PhD candidate) and Dr. Ghulam Rabani, data analyst at the central level, whom had carried

out specific activities including development of research methodology, data collection tools,

development of the implementation plan, translations, field visits, meeting with IDCO staff, meeting

with relevant government officials in Herat, data analysis and reporting. Similarly Green Step

appointed a field team composed of a field coordinator/ IT, Electrical Engineer, and Legal Advisor for

conducting physical assessments and data collections.

Consultative Meetings Conducted:

Since beginning of the baseline study, the following primary and consultative meetings were

held among partners and stakeholders including the Green Step, IDCO Kabul and Herat

offices and the government authorities at the provincial level.

Date Meeting Held Participants Agenda/Purpose of Meeting

28- July 2013

- Dr.Davide Dolcezza IDCO Kabul Office

- Mr. Noorulhaq Green Step

- Dr. Abdul Rashid Green Step

- Contract Signing & Agreement on

Assessment TOR

13-August-2013 - Ms. Claudia Gioffre IDCO Kabul Office


- Dr. Ghulam Rabani Green Step

- Eng. Abdul Wakil Green Step Field Team

Coordinator

-Introduction

- Study updates

-Field implementation plan

19-August-2013 - Ms. Gorica Balta IDCO

- Dr. Abdul Rashid

-Introduction

-Planning for meeting with

Government Authorities in Herat

20- August-2013 - Ms. Gorica Balta IDCO Herat

- Mr. Ahmad Taufiq Saifi


- Eng. Abdul Wakil Green Step

- Eng. Saboor Green Step

- Herat Teams Introduction

- Planning for meeting with the

Directorates of Justice and Economy

Herat Province

20- August-2013 - Mr. Rahmani Director DoJHerat

- Ms. Gorica Balta IDCO Herat





- Introduction of Team

- Discussion on the requirements of

study

- Security updates

- Planning for implementation

20- August-2013 - Mr. Abdul Naser Aswadi, Director of

economy Herat

- Mr. Ahmad Taufiq Saifi IDCO Herat

- Ms. Gorica Balta IDCO Herat

- Teams Introduction

- Introduction of the study TOR and

requirements

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27-August-2013 - Mr. Rahmani Director DoJ Herat



-Provision of updates to the

Director on the successful

completion of seven districts data

collection

28-August-2013 - Mr. Ahmad Taufiq Saifi IDCO Herat



- Provision of updates to the IDCO‟s

staff on the successful completion of

seven districts data collection

29- August-2013 - Ms. Claudia Gioffre‟ IDCO

- Ms. Gorica Balta IDCO


- Discussion on security issues

-Study updates

- Discussion on various options for

the data collection of remaining

eight districts

3-Sep-2013 - Ms. Claudia Gioffre‟ IDCO

- Ms. Gorica Balta IDCO


-Preparation for second phase

-Discussion on the modality of data

collection for the insecure districts

and study requirements

-Letter from the Chief of Justice

department

8-Sep-2013 - Mr. Rahmani

- GS Field team

-Initiation of second phase of

assessment

8-sep-2013 - Ms. Gorica Balta


- Eng. Abdul Wakil

-Initiation of second phase

assessment


- Eng. Abdul Wakil

-Recommendation letter for the

four highly insecure districts

assessment

14-Sep-2013 - Ms. Gorica Balta

- Ms. Claudia Gioffre

- Dr. Abdul Rashid

-Assessment update

-Budget revision


- Eng. Abdul Wakil

-Updating the chief of Justice

department on successful

completion of assessment

17-Sep-2013 - Mr. Ahmed Taufiq Saifi

- Eng. Abdul Wakil

-Updating the IDCO Herat office on

successful completion of assessment

18-Sep-31st Dec 2013 - Dr. Abdul Rashid

- Ms. Claudia Gioffre

- Dr. Davide Dolcezza IDCO Kabul Office

- Ms. Gorica Balta

-Review of study reports

-Follow up of comments

-Finalization of report

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CHAPTER-TWO

STUDY METHODOLOGY

The proposed method of data collections used by the consultant was the review of secondary data

sources and the collection of primary data and observations at the districts, Provincial Department of

the Ministry of Justice in Herat Province (hereinafter referred to as “DoJ”) and also the stakeholder‟s

levels in Herat Province. The data collection technique was both quantitative and qualitative in

nature through in-depth interviews, case studies, and physical observations by Green Step. All case

studies in this report have been collected by the research team, based on data and information

provided by district DoJ offices.

1.1. Desk Review:

The consultant conducted preliminary desk reviews of the project relevant documents, including,

National Priority Programe-5, Law and Justice for All, job descriptions of the district DoJ, HR plan of

the district DoJ, contract, implementation plan, and internet search.

1.2. Collection of Primary data

In-depth interviews (IDIs): A series of IDIs were conducted with key staff of the DoJ at the district

levels.

Observational assessment: In each district the consultant team carried out a physical observation of

the office space, rooms set up with data security measures, furniture, IT and other equipment,

electrical supplies and a sample of the cases managed at the district level through a review of the

existing data.

1.3. Study Tools (The Questionnaire and Checklists)

Before data collection and fieldwork the consultant reviewed all the secondary data and developed

two distinct data collection tools based upon the requirements of this assignment, these are:

(i) Assessment Checklist for Institutional Capacity Assessment

(ii) Qualitative and Quantitative Questionnaire for HR capacity assessment

The following thematic areas were addressed in developing questionnaires and checklists:

(1) Identification of content areas/topics. The consultant identified high level content areas that are

considered to reveal a true picture of the assignment (major themes).

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(2)Generation of questions for each content area. The consultant developed sub-questions on sub-

items (minor themes) carefully to reduce potential bias in how the item is phrased by the interviewer.

Each item was linked to the underlying assessment objectives and milestones.

1.4. Data collection process

The interviews and data collection were taken in the district DoJ offices,where it was convenient,

secure, and acceptable to the participants. During the period of data collection, there was continuous

dialogue to discuss progress and problems. An introductory form was developed and read in front of

each respondent before starting the interview. The purpose of the introduction was to fully inform

the participants and make sure that they understood the process.

In-depth interviews were used to gather qualitative and quantitative information as well as opinions

from relevant districts DoJ staff. This stage was important because it ensured the consultant that the

data collected was complete enough to analyze and make meaningful recommendations.

1.5. Data Analysis:

The collected data at the field level was transcribed and compiled by the consultant in Kabul. After

the complete transcripts were taken in Dari, summaries of the same were prepared and translated into

English for the purposes of making further analysis and report writing. The qualitative data was

analyzed manually by having major and minor themes.

For the quantitative data the consultant created a data analysis plan that included the variables and

analyzed pivot tables. The data analysis plan included links between the objectives, item codes, and

the statistical tests conducted. At a minimum, the data analyzed included descriptive statistics

(frequencies).

1.6. Respondent confidentiality

The consultants have the knowledge of research ethics and principles. All the interviews were

voluntary.In addition to this, the personal information of respondents was kept confidential and

accessible only to the research team.

1.7. Limitations of the Study:

There were minimal limitations and challenges that the research team faced during the data collection

process that was overcome. Security was a major challenge to the study but fortunately everything

went very well within the schedules and according to the ToR.

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CHAPTER-THREE

ASSESSMENT FINDINGS

The assessment was carried out in two distinct phases. In the first phase seven districts were in the

plan and visited, while in the second phase eight districts were visited, four of which were highly

insecure. The Heart Chief of Justice Department did not allow road missions to these four districts,

which consisted of Gulran, Chasht-e-Sharif, Keshk-e-Kohna and Farsi. The Heart DoJ recommended

that the district Huquq managers of these four districts be invited and interviewed in Herat. The

researchers communicated with staff members of the four districts by phone in advance in order to

get the information needed. In addition they were also interviewed in terms of their HR, institutional

and case management capacities.

This report reflects the assessment findings of all 15 districts, including Injil, Guzara, Karuhk,

Zindajan, Ghoryan, Kohsan, Keshk, Adraskan, Shindand, Pushtun Zarghoon, Obeh, Gulran, Chasht-e-

Sharif, Keshk-e-Kohna and Farsi. Major findings of the assessment that are common to all districts DoJ

offices are given below while specific information in regards to each district is presented separately.

The DoJ office(s) refer to Huquq office(s) throughout the report.

Main findings common to all districts are:

(i) There are no legal aid offices in any of the15 districts. Only few organizations, such as the

Norwegian Refugees Council (NRC), USAID and IDLO have supported the DoJ office at

district level in terms of provision of technical trainings

(ii) The HR structure of the DoJ office at district levels is the same throughout the province. This

structure consists of three staff members in each district, a district Huquq manager, a technical

officer and a guard. All of them are government employees

(iii) Job descriptions of each district Huquq managers and their technical staff is almost the same

for all districts, which are given below:

Role of legal manager/district Huquq manager) Role of technical officer

- Administrative issues including but not limited to

creating a safe work environment, security,

management of staff attendance

- Financial issues including management of income

generated from the legal issues

- Processing of legal issues according to government

policies, laws, and rules

- Mediation, arbitration, and other dispute resolution

services of non-criminal matters.

- Acting legal manager in the

absence of legal manager

- Registration of all cases

- Maintenance of records and

documents

- Act as advisor to the legal

manager in all legal and

administrative issues

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- Strict monitoring of the DoJ office at district level to

avoid/ mitigate corruption

- Ensure the follow up and implementation of court

orders, including verdicts

- Coordination and reporting including planning and

participation in meetings, reporting to higher

authorities on a quarterly basis and ad-hoc

(iv) There is no female staff member in any of the district DoJ offices.

(v) Twelve districts do not have electricity in their facilities.The researchers recommend solar

system energy sources to be utilized to allow for some electricity within the facilities.

Technical details and specifications of this system is given in the concerned districts details.

Public electricity is available in three districts (Injil, Guzara and Gulran districts DoJ offices)

which remainon all the times except during public load shedding hours.

(vi) There is no computerized Management Information System (MIS) in any one of the districts,

all districts has a traditional manual system

(vii) There is no internet and IT repairing and maintenance facility available in any of the

districts.These services being provided at the provincial level (in Herat city only)

(viii) During the interview sessions the DoJ office staff shared their concerns in regards to low

salary scale and the unavailability of public transportation to them.

(ix) DoJ office staff also pointed out the issue of insufficient support provided by the police

department

(x) Except Guzara and Ghorian rest of the districts DoJ offices lack their own infrastructure and

office space. They are provided with limited space by the district governor‟s offices

(throughout the study, these office spaces are referred to as“district administration/office” or

“district administration property”)

(xi) Mobile communication and 2G internet could work in all 15 districts

(xii) The case management process is the same for all DoJ offices at the district levels that is

explained below:

Case Management Process:

All legal cases and issues are first appealed or request is made to the district governor followed by an

official referral to the DoJ office at district levels for further processing.

The process of case management includes the submission of a written application by the claimant to

the district governor. The defendants are either accompanied by the claimant or have been taken by

the district police to the district governor's office. After verification by the district governor the case

is forwarded to the DoJ office at district level. The district Huquq manager based on a written

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explanation from the defendant is making a decision. If the decision was acceptable to both parties the

case will be settled within the DoJ office at district level. If the decision is not acceptable it is referred

to the primary court in the district. After all required actions of the primary court, the case is referred

back through a written letter to the DoJ office at district level for onward processing. If this formal

decision/verdict of the primary court is agreed to by both parties the case is settled within the DoJ

office at district level, otherwise it is marked through a written letter to the provincial justice

department.

Within the province, the chief of justice department mediate to settle the case, if the decision is

agreed, the case is referred back to the district Huquq office for required actions. If the decision of the

provincial justice department is not acceptable to the parties then it is referred to the high court

through an official letter within the province. If the parties agreed to the decision of the high court,

the case comes back to the district DoJ office. If the decision of the high court is not agreed then, the

provincial justice department writes a detailed explanatory letter to the Ministry of Justice and then to

the Supreme Court (MahkamaTameez) for all required actions. The decision of the Supreme Court is

the final decision. The case will get back in a reverse direction step by step until it is officially reached

to the DoJ office at district level for deciding actions.The application and implementation of decisions

are followed up by the courts and police departments.

Graphic (Flow Chart) presentation of Case Management Process:

ApplicantDistrict

Governer

District

Huquq

Department

Primary Court

Provincial

Justice

Department

High CourtSupreme

Court

Application ReferedDecision

AcceptedIssue Decision

Case Setteled

Case sent

Accepted Mediation Decision

↓↓

Action Accepted Final Decision

←Yes No→

Action Action

Case

YES

NO

YES

NO

YESYes No

Settled

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DISTRICT INJIL:

Sub-objective 1.1. To assess the actual capacity both in terms of quality and quantity of IT equipment

available in all DoJ offices at the district level;

Assessment Findings:The below tables show the existing and required capacity of the IT and

other equipment with required specifications:

Electronics and IT Equipment

Item

Existing

Capacity

Required

Capacity Recommended Specification

Desktop 0 1 Processor2.6. Ram 3GB. Hard Disk 250GB. CPU

Core 2 duo. LCD Screen 17 inch

Digital Camera 0 1 >10 mega pixel

External 3G Devices 0 1 (2 G Device)

External Hard Disk 0 1 500 GB

Antivirus 0 2 2 User

Finger Print Machine 0 1 158 x 152 pixels

Flash Drive 0 1 16 GB

Laptop 0 1 CORE i7

Printer 0 1 Black and white

Scanner 0 1 Scanner Security Camera 0 1 1080p Outdoor IP Security Dome Camera

UPS 0 1 > 1KW

Communication Means

Item

Existing

Capacity

Required


Cellphone + SIM CARD 0 1

Intercom 0 3

Landline No landline coverage

2G internet

Internet System Using External

3G Devices 0 1

Sub-objective 1.2. To assess the actual status of office space, furniture and electrical power capacity of

all DoJ offices at district level;

Assessment Findings:The below table shows the existing and required capacity of the office space,

furniture, and the availability of electricity with required specifications:

Furniture and Office Space/ Set up

Item Existing

Capacity Condition

Required

Capacity Notes

Office Chairs 2 Poor 2 Wooden

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Office Desks 2 Poor 2 Wooden

White Boards 1 Ordinary

Green Boards Not available 1 Ordinary

Documents-Shelves/Cabinets 1 Poor 2 Metal

Chairs for Clients/ Guests 4 Good 6 Bench-Wooden

Office Rooms 1 Good 1 Provided by the District Office

Bathrooms 1 Good Plumbing, repair and

maintenance

Dining / Meeting Room Not available 1 Separate from District office

Waiting Area Not available 1 4*4 Meters

Fire and protection System Not available 1 As applicable

Electrical Power Supply Available Normal Public/ available for 24 hours except in case of

load shedding

Need for additional electrical

power

The required capacity is available and serviceable. Additional capacity is

required incase of further renovation/ rehabilitation of the building or provision

of new electronics and equipment

Sub-objective 2.1: Mapping out the existing HR composition of the DoJ district offices based on

Tashkeel with a focus on the role, age, gender, qualification, background and the proficiency of the

staff.

Staffing details of the Department of Justice at the District Level:

(i) There are three staff members working at the DoJ at the district level (given in the table below)

(ii) All of the three staff members are permanent employees of the government of Afghanistan.

(iii) There were no absentees

Title Age and

Gender

Qualification Experience Proficiency

Legal Manager 34 Y M

12th grade passed and

currently in 4th year at

a private University in

the Faculty of Law

and Political Science

11 Years

-Proficient in Dari and Pashtu

-Computer Literate (word program

only)

-Basic English literacy

Technical officer 28 Y M 12th grade passed 7 Years


-Basic computer literacy

- Basic English literacy

Cleaner/Guard 22 Y M 9th grade passed 1 Years - Competent

Sub-objective 2.2: Qualitative and Quantitative assessment of the work undertaken by the DoJ

district offices (case management capacity)

Case Management Information: Cases are usually followed and managed by the district DoJ office at

district level (Huquq office).

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Basic Information

Management Information System: Manual system-no computerized MIS available

No of Cases received since 2010 In one year (1391) the department has received 547 cases. The

data of three years were not provided, the responsible person

was newly appointed to this position and as this data is in

hard form and could not be tracked easily, that is why we

presented the data for one year only

Case categories - Family issues

- Loans/ Debt cases

- Property/Land issues

Cases resolved by District DoJ since

2010

109 cases completely resolved through the mediation of

district Huquq office

Cases referred out since 2010 149 cases are referred out to the court, and remaining 289

cases are pending within the district Huquq office

Random selection of cases managed by the district DoJ office/ Document review

Case ID Case type Case initiation date Case went through the

following steps

Case follow up

and end date

Reg. No-43-344 Loan/Debt 17-9-1389 Through district DoJ office 20-9-1389

Reg.No-151-444 Loan/Debt 6-10-1391 Through district DoJ office 9-10-1391

Case Study:

X who is a resident of Injil district reached the district DoJ office through a written self-

request for the claim of a loan in the amount of 25,000 Afs to Y named person on 8-9-

1391. Through a written explanation of the defendant by the district DoJ office, he was

convinced to pay the loan to the claimant, including a ten percent fine to the government.

Training Needs Assessment:

Trainings Received Duration and

Provider

Impact of Training Required Trainings

- Legal rights, labor

law,

- Civil law,

Inheritance law

- General

management and

reforms

IDLO - One

month

IDLO – 15 days

-6 months

-Herat

provincial

training

- Improvement in

efficiencyandeffectiveness

of work

-IT (office)

-Internet packages

-Mid level English Courses

-Refresher training on

Legal issues (new

terminologies, different

laws and policies)

-Civil law, human rights

-Office management and

risk management

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- English and IT department

Availability of required policy documents and Reference Books:

(i) Library with required books: Library is available but lacks most of the required books, articles,

journals and policy related guidelines

(ii) Policy Documents and regular updating: Policy documents available but staff do not have access

to updated information and documents about these policies and strategies.

DISTRICT KURUKH:

Sub-objective 1.1: To assess the actual capacity both in term of quality and quantity of IT equipment

available in all DoJ offices at district level;




Item Existing Capacity

Required


Desktop 0 1 Processor2.6 . Ram 3GB . Hard Disk 250GB . CPU

Core 2 duo. LCD Screen 17 inch


External 3G Devices 0 1 2 G Device





Laptop 0 1 CORE i7


Scanner 0 1 Scanner

Security Camera 0 1 1080p Outdoor IP Security Dome Camera

UPS 0 1 > 1KW

Communication Means

Item Existing Capacity Required Capacity

Recommended

Specification


Intercom 0 3

Landline 0 No Landline Coverage

Internet System Using External 3G Devices 0 1 2G

20 | P a g e

Sub-objective 1.2: To assess the actual status of office space, furniture and electric power capacity of


Assessment Findings: The below table shows the existing and required capacity of the office space,

furniture and availability of electricity with required specifications:


Item Existing

Capacity Condition

Required

Capacity Specification of Required Items

Office Chairs 0 2 Wooden


White Boards 1 Ordinary 1 Ordinary

Green Boards 0 2 Ordinary (100*60 cm)

Documents-Shelves/Cabinets 0 2 Metal

Chairs for Clients/ Guests 2 Poor 6 Bench-wooden

Office Rooms

1 Poor 2 Own setup is required, the

already existing set up is joint

with the court

Bathrooms One ordinary and shared 1 3*2 meters

Dining / Meeting Room Not available 1 At least 4*6 meters

Waiting Area Not existed 1 4*4 meters

Fire and protection System Not in place 1 As applicable

Electrical Power Supply

Public electricity is not available, solar system is recommended as the best

option

Required Capacity: 3*150 KW plates + 3 * 150 KW Batteries and one 5 KW UPS

Sub-objective 2.1:Mapping out the existing HR composition of the DoJ district offices based on

Tashkeel with a focus on the role, age, gender, qualification, background and proficiency of the staff.

Staffing details of the DoJ office at district level:

(i) There is a total of three staff members working at the district Huquq office (given in the table

below)

(ii) All of them are permanent employees of the government


Title Age and

Gender


Legal Manager 57 Y M 12th grade passed 21Years


-Computer Literate (word program

only)


Technical officer 50 Y M 12th grade passed 7 Years -Proficient in Dari and Pashtu

21 | P a g e



Cleaner/Guard 35 Y M - 6 Years - Competent



Case Management Information: Cases are usually followed and managed by the district DoJ office

(Huquq office).

Basic Information


No of Cases received since 2010 257 cases


- Loans/ Debts cases


Cases resolved by District DoJ since 2010 95 cases completely resolved through the mediation of

district DoJ office

Cases referred out since 2010 66 cases are referred out to the court and the remaining


Random selection of Cases Managed: Document review


following steps

Case follow up

and end date

Reg. No-4-29 Family Issue 2-4-1389 Through district Huquq 15-4-1389

Reg.No-11-81 Property/ Land 9-8-1391 Through district Huquq 27-8-1391

Reg.No-6-40 Loan/Debt 11-5-1392 Through district Huquq 12-5-1392

Case Study:

X named person, a resident of Kurukh district reached the district DoJ office through a

written self-request for the claim of a loan in the amount of 180,000 Afs to Y named

person on 21-5-1392. Through a written explanation by the district DoJ office, the

defendant was convinced to pay the loan to the claimant in three installments, including

a ten percent fine to the government. The first installment amounted to 47,000 AFN was

paid cash and the remaining amount was agreed to be paid in two years.

Training Need Assessment:


Provider


22 | P a g e

- Family Rights

- Afghan Constitution

- Civil Law

- Human Rights,

Business law and

Labor law

-20 days

-1 day

- One month

- 10 days

All above trainings

are provided by

IDLO

- Improvement in

efficiency and

effectiveness of

work

-IT (office)

-Internet packages

-Mid level English Course

-Refresher training on Legal

issues (new terminologies,

different laws and policies)

-Civil law, Human rights

-Office Management and

Risk Management


(i) Library with required books: Not available

(ii) Policy Documents and regular updating: Policy documents available but staffs do not have

access to updated information and documents about these policies and strategies.

DISTRICT GUZARA:

Sub-objective 1.1: To assess the actual capacity both in terms of quality and quantity of IT equipment


Assessment Findings: The below tables show the existing and required capacity of the IT and




Required


Desktop 0 1 Processor 2.6. Ram 3GB. Hard Disk 250GB.

CPU Core 2 duo LCD Screen 17 inch







Laptop 0 1 CORE i7


Scanner 0 1 Scanner


UPS 0 1 > 1KW

23 | P a g e

Communication Means


Recommended

Specification


Intercom 0 3








Item Existing

Capacity Condition

Required

Capacity

Specification of Required

Items

Office Chairs 2 Good 0 Wooden


White Boards 0 1 Ordinary



Chairs for Clients/ Guests 4 Good 6 Bench-wooden

Office Rooms 2 DoJ property 0 Good condition

Bathrooms 1 Good


Waiting Area 1 0


Electrical Power Supply Public electricity is available,




(i) There are a total of three staff members working at the DoJ at the district levels (given in the

table below)

(ii) All of the three staff members are permanent employees of the government


Title Age and

Gender


Legal Manager 33 Y M 12th grade passed and 7 Years -Proficient in Dari and 80% Pashtu

24 | P a g e

currently in 3rd year in

the faculty of law and

political science in a

private institute

-Computer Literate (Basics)






Cleaner/Guard 50 Y M - 12 Years - Competent



Case Management Information:These cases are usually followed and managed by the DoJ office at

district level (Huquq office).

Basic Information






- Business issues

Cases resolved by District DoJ since 2010 66 cases completely resolved by the district DoJ office





following steps

Case follow up

and end date

Reg. No-10-74 Debt/Loan 12-3-1392 Through district DoJ office 12-3-1392

Reg.No-39-120 Property/ Land 24-2-1391 Through district DoJ office 30-2-1391

Reg.No-67-209 Family issue 1-8-1389 Through district DoJ office 4-8-1389



Provider


- General Management,

English and computer

-6 months

-Provincial

training

department

- Improvement in

efficiency and

effectiveness of work

-IT (office)

-Internet packages



25 | P a g e

- Family Rights and

Principles of Human

Rights

- Methods and

techniques of Public

awareness

- 40 days

- IDLO

-3 days

-NRC

issues


Risk Management


(i) Library with required books: Library is available but lacks most of the required books, articles,

journals and policy related guidelines

(ii) Policy Documents and regular updating: Policy documents available, but staff do not have


DISTRICT GHORIAN:



Assessment Findings: The below tables shows the existing and required capacity of the IT and



Item

Existing

Capacity

Required


Desktop 0 1 Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU

Core 2 duo LCD Screen 17 inch







Laptop 0 1 CORE i7


Scanner 0 1 Scanner


UPS 0 1 > 1KW

26 | P a g e

Communication Means


Recommended

Specification


Intercom 0 3








Item Existing

Capacity Condition

Required

Capacity

Specification of Required

Items





Documents-Shelves/Cabinets 1 Good 1 Metal


Office Rooms 1 Good, DoJ property 1 4*6 meters

Bathrooms 0 1 3*2 meters, modern system






option





(i) There are a total of three staff members working at the DoJ at the district level (given in the

table below)



27 | P a g e

Title Age and

Gender










Cleaner/Guard 55 Y M No 9 Years - Competent



Case Management Information: Cases are usually followed and managed by the DoJ office at district

level (Huquq office).

Basic Information











following steps

Case follow up

and end date

Reg. No-2-12 Loan/Debt 12-1-1392 Through district DoJ office 24-1-1392


Reg.No-14-180 Family 30-11-1391 Through district DoJ office 4-7-1391



Provider


- Constitutional law,

criminal law, business

law, structure and

authority of attorney

15 days

- Improvement in

efficiency and

effectiveness of

work

-IT (office)

-Internet packages



28 | P a g e

general and

courtsoffices

- Civil law, human

rights and inheritance

law

-15 days

All these trainings

are provided by

IDLO

issues


Risk Management


(i) Library with required books: Available but does not have sufficient and required books



DISTRICT ZINDAJAN:







Required



Core 2 duoLCD Screen 17 inch







Laptop 0 1 CORE i7


Scanner 0 1 Scanner


UPS 0 1 > 1KW

29 | P a g e

Communication Means


Recommended

Specification


Intercom 0 3








Item Existing

Capacity Condition

Required








Office Rooms Single room but not owned 2 6*4 meters

Bathrooms Not owned 1 2*3 modern system is required






option





(i) There are a total of three staff members in the actual structure while the position of technical

officer has been vacant for the last few months


Title Age and

Gender


30 | P a g e

Legal Manager 27 Y M

BA Faculty of Sharia

(Islamic Law)

HeratUniversity

2 Years

-Proficient in Dari and 50% Pashtu

and 90% Arabic



Technical officer Position Vacant

Cleaner/Guard 55 Y M Primary education 12 Years - Efficient in his work





Basic Information






Cases resolved by District DoJ since 2010 57 cases completely resolved



Random selection of cases managed/ Document review


following steps

Case follow up

and end date


Reg.No-7-6 Property/ Land 18-4-1390 Through district DoJ office 26-4-1390


Case Study:

X daughter of Y named person, a resident of Zindajan district, reached the DoJ office at

the district level and requested that the land of her deceased father and brother be

acquired. The complete inherited land was illegally seized by her uncle.

As this is an inherited case, the land according to the law has to be divided equally

between two brothers (her uncle and father as the actual owners). In this case, the uncle

seized the entire estate of the land. The district DoJ according to the law decided that

half of the total land should be given to the family of the deceased person and the other

half of the land should be given to the uncle. The case was settled in two days.

31 | P a g e



Provider


- Good Governance,

constitution law and

office management

- Civil law, human


rights

-2 week

-Two week

All these trainings

are provided by

IDLO and National

Youth NGO

- Improvement in

efficiency and

effectiveness of

work

-IT (office)

-Internet packages



issues


Risk Management


(i) Library with required books: Not available but promised by provincial directorate of justice for

the establishment of a Library

(ii) Policy Documents and regular updating: Policy documents available, but staff do not have access

to updated information and documents about these policies and strategies.

DISTRICT KOHSAN:







Required










Laptop 0 1 CORE i7

32 | P a g e


Scanner 0 1 Scanner


UPS 0 1 > 1KW

Communication Means


Recommended

Specification


Intercom 0 3








Item Existing

Capacity Condition

Required







Chairs for Clients/ Guests 0 8 Bench-wooden

Office Rooms 1 Good but rented 2 4*6 meters

Bathrooms 0 1 3*2 meters






option




33 | P a g e



table below)



Title Age and

Gender










Cleaner/Guard 55 Y M Primary education 5 Years - Competent



Case Management Information:Cases are usually followed and managed by the district DoJ office

(Huquq office).

Basic Information


No of Cases received since 2010 269cases





Cases referred out since 2010 17cases are referred out to the court and the remaining




following steps

Case follow up

and end date

Reg. No-12-21 Family 2-6-1392 Through district DoJ office 4-6-1392



34 | P a g e

Case Study*:

X named woman reached the district DoJ office for misbehavior of her husband.She was

being abused by her husband and her basic life needs including medical treatment were

not arranged by her husband. Through written explanation including proper reasoning,

her husband was found to be derelict in his duties to his wife. The district DoJ office

according to the law and request of the claimant decided that her husband should pay in

the amount of 60000 AFN in order for the woman to continue on with her life. At first he

refused, but later the DoJ office at the district level convinced him to pay the stated

amount for his wife’s expenses. Thus he finally agreed to pay this amount within one

week including a ten percent fine to the government.

* The mediation of the district DoJ office refers only to the civil aspects of the case.



Provider


- Constitutional law,

business law,

principles of criminal

law and authority of

attorneys

- Civil law, human


law, labor law

-All legal contents of

Huquq

21 days

-Two weeks

All above trainings

are provided by

IDLO

-Three Days by

NRC

- Improvement in

efficiency and

effectiveness of

work

-IT (office)

-Internet packages



issues


Risk Management


(i) Library with required books: not available



DISTRICT KESHK:



35 | P a g e





Required










Laptop 0 1 CORE i7


Scanner 0 1 Scanner


UPS 0 1 > 1KW

Communication Means


Recommended

Specification


Intercom 0 3








Item Existing

Capacity Condition

Required








36 | P a g e

Office Rooms Single and district

administration‟s property

2 6*4 meters

Bathrooms Single and shared with other departments 3*2 meters


Waiting Area Enough but shared 1 4*4 meters




option





(i) There are a total of three staff members working at the DoJ office at the district level (given in

the table below)



Title Age and

Gender


Legal Manager 57 Y M BA Sharia Kabul

University 22Years

-Proficient in Dari and Pashtu,

Arabic




-Proficient in Dari








Basic Information





37 | P a g e







following steps

Case follow up

and end date




Case Study:

X named person reached the district DoJ office for the claim of loss occurred to his newly

grown trees due to grazing of Y’s animals on the claimant’s property. The trees were

planted across a 100 m canal/stream. As the trees grew across the public way, the

claimant according to Huquq office cannot claim for the loss occurred. The claimant was

convinced by the district DoJ office and the issue was resolved the same day.



Provider


- Business law and

business rights,

- Civil law, human

rights, child rights,

inheritance and labor

laws

- Office administration

and technical

overview of their

working procedures

One week by

USAID

One month by

IDLO

Three days by

Provincial DoJ

office

- Improvement in

efficiency and

effectiveness of

work

-IT (office)

-Internet packages



issues


Risk Management



(ii) Policy Documents and regular updating: Policy documents available, but staffs do not have


38 | P a g e

DISTRICT KESHK KOHNA:







Required










Laptop 0 1 CORE i7


Scanner 0 1 Scanner


UPS 0 1 > 1KW

Communication Means


Recommended

Specification


Intercom 0 3








Item Existing

Capacity Condition

Required



39 | P a g e

Office Desks 0 2 Wooden




Chairs for Clients/ Guests 0 8 Bench-wooden

Office Rooms One room and is the property

of the district office

2 Own setup is required

Bathrooms Single and shared with other departments New bathroom is required






option






the table below)



Title Age and

Gender


Legal Manager 30 Y M 14thFiqa and Law 2 Years

-Proficient in Dari




-Proficient in Dari






Case Management Information: Cases are usually followed and managed by the district DoJ office

(Huquq office).

40 | P a g e

Basic Information











following steps

Case follow up

and end date

Reg. No-5-10 Property issue 1-7-1389 Through district DoJ office 1-5-1389

Reg.No-37-28 Property issue 16-9-1391 Through district DoJ office 19-9-1391




Provider


-Civil law, human rights

and principles of court

decisions

13 days by IDLO

- Improvement in

efficiency and

effectiveness of

work

-IT (office)

-Internet packages



issues


Risk Management


(i) Library with required books: not available



DISTRICT ADRASKAN:



41 | P a g e





Required










Laptop 0 1 CORE i7


Scanner 0 1 Scanner


UPS 0 1 > 1KW

Communication Means


Recommended

Specification


Intercom 0 3








Item Existing

Capacity Condition

Required







Chairs for Clients/ Guests 10 4 Poor 4 Bench-wooden

42 | P a g e

Office Rooms

One single room, in good

condition and is provided by

district administration

2 Own setup is required. The


with the Court

Bathrooms Single and shared with other departments Individual bathroom is required






option





(i) There are a total of three staff members, however the position of Huquq manager is vacant

and the technical officer is acting as Huquq manager. We were told that the position is

announced and will be filled soon

(ii) The available two staff members are permanent employees of the government

Title Age and

Gender


Acting Huquq

Manager/

Technical officer

32 Y M

12th Passed and

currently enrolled

student in Law

11Years









Basic Information







43 | P a g e

Cases referred out since 2010 97 cases are referred out to the court, 26 cases are

referred out to other departments (police, attorney

general offices and department of the Haj) and the

remaining cases are pending within the district Huquq

office



following steps

Case follow up

and end date


Reg.No-1-84 Family issue 23-7-1391 Through district DoJ office 25-7-1391


Case Study:

A person requested the district DoJ office (Huquq office) for the re-claim of his house (400

Sq. m) that had been occupied by another person at the time when he was in Iran.

Through written communications and also calls made by the defendant to district DoJ,

the occupier of the land at first refused to meet. The issue was then followed up by

detailed physical verification and inspection by the DoJ, police and court offices. During

inspection it was found that the claimant was right. The DoJ office according to the rules

and regulations handed over the occupied property back to the owner and the issue was

settled in two months.



Provider


- Civil law, human

rights, criminal law

and principles of court

decisions

One month by

IDLO

- Improvement in

efficiency and

effectiveness of

work

-IT (office)

-Internet packages



issues


Risk Management


(i) Library with required books: Available with no separate room and required books



44 | P a g e

DISTRICT SHINDAND:







Required










Laptop 0 1 CORE i7


Scanner 0 1 Scanner


UPS 0 1 > 1KW

Communication Means


Recommended

Specification


Intercom 0 3








Item Existing

Capacity Condition

Required



45 | P a g e






Office Rooms Single, belongs to district

administration


Bathrooms Single, bad condition, shared

with other departments

1 2*3 meter


Waiting Area Not existing 1 4*4 meters




option






the table below)



Title Age and

Gender


Legal Manager 62 Y M 12th grade Unknown

-Proficient in Dari and Pashtu,

Russian




-Proficient in Dari








46 | P a g e

Basic Information


Source and stage the cases are received by

the District DoJ

The cases are appealing directly through a request letter


Case categories - Property/Land issues (increased number)


- Family issues


Cases referred out since 2010 120 cases are referred out to the court; 30 cases are

referred out to other departments (police officer) and the

remaining cases are pending within the district Huquq

office



following steps

Case follow up

and end date

Reg. No-3-17 Family issue 22-1-1392 Through district DoJ office 23-1-1392



Case Study*:

A woman submitted a written request to the district DoJ office (Huquq office) for domestic

violence. She was being physically abused by her husband and her basic needs, such

as food and clothes, were not arranged by her husband. By the intervention and

arbitration of district DoJ office both husband and wife agreed on certain terms and

conditions including respective duties and rights, proper arrangements for the woman

and her children basic needs.

* The mediation of the district DoJ office refers only to the civil aspects of the case.



Provider


- Orientation and

introduction of the

structure, authorities

and responsibilities of

primary courts,

provincial courts,

15 days in Kabul

by IDLO

- Improvement in

efficiency and

effectiveness of

work

-IT (office)

-Internet packages



issues


47 | P a g e

supreme courts,

Attorney General

Offices, legal

departments, police

departments, MoJ

policies and strategies

Risk Management


(i) Library with required books: Available but lack its own furniture, space and required books



DISTRICT OBEH:







Required










Laptop 0 1 CORE i7


Scanner 0 1 Scanner


UPS 0 1 > 1KW

Communication Means


Recommended

Specification


48 | P a g e

Intercom 0 3








Item Existing

Capacity Condition

Required






Documents-Shelves/Cabinets 1 Good 1 Metal


Office Rooms 2 Good Own setup is required. The already existing set

up was shared with the court

Bathrooms Single (simple) toilet shared

with other departments

1 2*3 meter requirements

Dining / Meeting Room 1 0

Waiting Area 1 1 Shared with other departments




option





(i) There are a total of three staff members working at the district Huquq office (given in the

table below)



Title Age and

Gender


Legal Manager 28 Y M BA Sharia 2Years -Proficient in Dari and Arabic


49 | P a g e










(Huquq office).

Basic Information







Cases referred out since 2010 201cases are referred out to the court, 80 cases referred

out to the police office and the remaining cases are

pending within the district Huquq office

Random selection of cases managed by the district Huquq office/ Document review


following steps

Case follow up

and end date

Reg. No-12-75 Property issue 17-3-1390 Through district DoJ office 27-4-1390

Reg.No-1-116-19 Loan/Debt 1-5-1391 Through district DoJ office 19-5-1391


Case Study:

X-named person a resident of Obeh district submitted a written request at the district

DoJ office for a dispute with his father in law. The dispute happened as a result of a

huge amount of money demanded by his father-in-law for his daughter’s marriage.

In Afghanistan there are two methods of paying money for the girl’s (wife) family, one is

called Mahar (Islamic right of wife), the other is tradition, in which the girl’s family claim

money from the son in law for either costs incurred or savings for the girl’s family, this is

just tradition and not allowed in Islam.

50 | P a g e

In reality son in law paid the whole Mahar (400,000 AFN) while his father in law was

also claiming traditional money and the extra expenses of the wedding. As the son in

law was from a poor family and was unable to pay the additional money claimed by his

father in law, thus a dispute was created between the two families. This issue finally

reached the district Huquq office. The district Huquq manager in light of applicable and

Islamic laws decided for a minimal agreed amount to be paid by son in law’s family

which was accepted by both parties and the dispute was settled in ten days.



Provider


- The legal manager

was newly hired and

did not receive any

training so far

NA -The training if

provided will bring

more effectiveness

in the work of

Huquq officials

-IT (office)

-Internet packages


-Comprehensive trainings

on policies of MoJ and all

legal issues


Risk Management


(i) Library with required books: Not available but promised by the Justice department to be

established soon

(ii) Policy Documents and regular updating: Policy documents not available

DISTRICT GULRAN:







Required





51 | P a g e






Laptop 0 1 CORE i7


Scanner 0 1 Scanner


UPS 0 1 > 1KW

Communication Means


Recommended

Specification


Intercom 0 3








Item Existing

Capacity Condition

Required








Office Rooms

One single room and

property of District office

2 Own setup is required. The


with the court

Bathrooms Single and shared with other departments,

an additional modern bathroom is required

2*3 meters




Electrical Power Supply Public electricity is available,

52 | P a g e

Additional electric power

supply

The required capacity is available and serviceable, additional capacity is required

in case of renovation/ and construction of the building




(i) There are a total of three staff members working at the DoJ office (Huquq office) at the district

level (given in the table below)



Title Age and

Gender


Legal Manager 27 Y M BA Journalism One Year -Proficient in Dariand English


Technical officer 30 Y M BA Islamic Education One Year

-Proficient in Dari and Arabic







(Huquq office).

Basic Information



Case categories - Mostly Property/Land related issues

- Loans

- Family issues


Cases referred out since 2010 155 cases are referred out to the court, 13 cases to the

provincial DoJ and 121 cases are pending within the

district Huquq office


Case ID Case type Case initiation date Case went through the Case follow up

53 | P a g e

following steps and end date

Reg. No-1-12 Loan 1-1-1389 Through district DoJ office 19-1-1389





Provider


- The Huquq Manager

is newly hired and did

not receive any

training so far

NA -The training if

provided will bring

more effectiveness

in the work of

Huquq officials

-IT (office)

-Internet packages


-Comprehensive trainings

on policies of MoJ and all

legal issues


Risk Management



(ii) Policy Documents and regular updating: Policy documents not available

DISTRICT CHASHTE-SHARIF:







Required










54 | P a g e

Laptop 0 1 CORE i7


Scanner 0 1 Scanner


UPS 0 1 > 1KW

Communication Means


Recommended

Specification


Intercom 0 3








Item Existing

Capacity Condition

Required








Office Rooms Single room provided by the


2 4*6 meters two new own rooms

are required

Bathrooms Single and shared with other departments The 2*3 M new bathroom is

required






option




55 | P a g e


(i) There are a total of three staff members working at the district DoJ office (given in the table

below)

(ii) All of the them are permanent employees of the government


Title Age and

Gender


Legal Manager 22 Y M 14th grade 2 Years

-Proficient in Dari


-Basic English literacy, Pashtu and

Arabic


-Proficient in Dari







(Huquq office).

Basic Information



the District DoJ



Case categories - Property/Land issues


- Family issues


Cases referred out since 2010 54 cases are referred out to the court, 4 cases to other

departments and the remaining cases are pending within

the district Huquq office



following steps

Case follow up

and end date


56 | P a g e





Provider


- Civil law and civil

rights, human rights

15 days in by

IDLO

- Improvement in

efficiency and

effectiveness of

work

-IT (office)

-Internet packages


-Comprehensive packages

on Legal issues


Risk Management





DISTRICT PASHTUN ZARGHOON:







Required










Laptop 0 1 CORE i7


57 | P a g e

Scanner 0 1 Scanner


UPS 0 1 > 1KW

Communication Means


Recommended

Specification


Intercom 0 3








Item Existing

Capacity Condition

Required








Office Rooms Single room provided by



4*6 M two rooms

Bathrooms Single and shared with other

departments

1 Traditional type






option




58 | P a g e



table below)



Title Age and

Gender


Legal Manager 58 Y M 12th grade passed 7 Years

-Proficient in Dari


-Basic English literacy and Pashtu


-Proficient in Dari



Cleaner/Guard 30 Y M Primary One Year - Competent




(Huquq office).

Basic Information



the District DoJ



Case categories



- Family issues


Cases referred out since 2010 205 cases are referred out to the court, 9 cases to other

departments (police, attorney general offices and

Department of Haj) and the remaining cases are pending

within the district Huquq office



following steps

Case follow up

and end date


59 | P a g e


Reg.No-18-113 Loan 1-5-1392 Through district DoJ office 29-5-1392



Provider




- Orientation and

introduction to line

departments, MoJ and

courts

- Business Law

- Basic and office

management

30 days in Kabul

by IDLO

One week by

IDLO

Two days by IDLO

30 days by IDLO

in Herat

- Improvement in

efficiency and

effectiveness of

work

-IT (office)

-Internet packages



on Legal issues


Risk Management

-Dispute resolution





DISTRICT FARSI:







Required







60 | P a g e




Laptop 0 1 CORE i7


Scanner 0 1 Scanner


UPS 0 1 > 1KW

Communication Means


Recommended

Specification


Intercom 0 3





Assessment Findings: The Below table shows the existing and required capacity of the office space,



Item Existing

Capacity Condition

Required








Office Rooms

Single room, in bad

condition,provided by district

administration


Bathrooms Single and shared with other departments New single bathroom of 2*3 M

required






option


61 | P a g e




There are two permanent staff, the position of technical officer is vacant and we were told that the

recruitment is under process and the position will be filled soon.

Title Age and

Gender


Legal Manager 40 Y M 12th grade passed 13 Years

-Proficient in Dari


-Basic English literacy and Pashtu

Position vacant

Cleaner/Guard 45 Y M No 5 Year - Competent




(Huquq office).

Basic Information



Case categories - Property/Land issues


- Family issues






following steps

Case follow up

and end date

Reg. No-13 Property issue 3-3-1389 Through district DoJ office 9-6-1391

Reg.No-14 Family 30-6-1390 Through district DoJ office 23-7-1390

Reg.No-10 Loan 6-4-1391 Through district DoJ office 9-6-1391

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Provider




- Basic and office

management

15 days by IDLO

- Improvement in

efficiency and

effectiveness of

work

-IT (office)

-Internet packages



on Legal issues


Risk Management

-Dispute resolution



(ii) Policy Documents and regular updating: Not available

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STRENGTHS AND WEAKNESSES

Based on the results of the assessment carried out, the tables below show what are the strengths and

weaknesses in relation to the work of district DoJ offices. The first table highlights general strengths

and weaknesses which are valid for all districts. The second table refers to specific district‟s strengths

and weaknesses.

General for all districts:

Strengths Problems, challenges and weaknesses

- The settlement of cases according to

law to sustain justice

- Urgent actions to local conflicts and

civil society issues

- Good coordination with line

departments and district governor

- Efficient and quality staff and full

compliance with the applicable laws

and principles

- Existence of required HR capacity to

deal the legal issues and cases

- Unavailability of female staff in all district DoJ offices

- Insufficient staff and wide geographic coverage

- Weak coordination and cooperation with police

departments

- Unavailability of internet and IT facility

- No computerized MIS, a traditional paper work

which has led to poor record tracing

- Low salaries of staff

- Unavailability of public transport

- Insecurity throughout the entire province

- No owned buildings/office space by DoJ and lack of

infrastructures except for Guzara and Ghorian

districts

- Unavailability of updated books and policy related

documents in most of the district DoJ offices

- Unavailability of required equipment like printers,

scanners, computers, security camera etc.

- Unavailability of electricity except Injil, Guzara and

Gulran districts

- Shortage of funds for continual improvement and

operating costs

- Increased amount of government fine/ fee (10%).

For specific districts:

Strengths Problems/weaknesses/threats

District Injil

- Availability of Public electricity

- Availability of Library

- Very closed to Herat city

- Single room space, provided by district

administration

District Kurukh

- Good working space and set up

- Closed to Herat city

- Space provided by district administration

- No electricity

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District Guzara

- Two room space with good set up

- DoJ owned infrastructure


- Closed to Herat city

District Ghorian

- Office space is of DoJ property


- Single room space

- No electricity

District Zindajan

- Relatively closed to Herat city


administration

- No library and required books

- No electricity

- The technical officer position is vacant

District Kohsan

- Single room space, rented in a market

- No electricity

- No library

District Keshk


administration

- No Library

- No electricity

District Keshk-e-Kohna


administration

- High insecurity

- No library

- No electricity

District Adraskan

- Office room is in good condition

- Library available


administration

- No electricity

- Insecurity

- The legal manager position is vacant

District Shindand

- The existence of local civil society

organizations to support legal issues in

terms of awareness raising


administration

- No Library

- No electricity

- Insecurity

- Over populated district and insufficient DoJ staff

District Obeh

- Enough work space but shared

- Two room space, shared with court

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- No Library

- No electricity

- Insecurity

- Lack of coordination with local community

networks

- Staff did not receive any trainings

District Gulran



administration

- No library

- High insecurity

- Staff did not receive any trainings

District Chasht-e-Sharif





administration

- No electricity

- No library

- High insecurity

- Over populated district and insufficient DoJ staff

District Pashtun Zarghoon






administration

- No electricity

- High insecurity

District Farsi


administration(bad conditioned)

- No electricity

- No library

- The technical officer position is vacant

- High insecurity

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RECOMMENDATIONS

Based on the results of the assessment, the following are the recommendations, as suggested by

district DoJ office staff, on how to improve the capacity of district DoJ offices in terms of human

resource capacity.

General for all districts:

Although staff at the district DoJ offices (Huquq office staff) have good and up-to-date knowledge

of the work they have been performing, three month English and IT trainings are recommended

to all Huquq staff, in order to improve the efficiency and effectiveness of their work.

Similarly, one to two weeks short courses of office & risk management are recommended as well

as refresher trainings on the technical aspects of legal and human right issues.

Recommendation of two weeks refresher trainings on all applicable laws in Afghanistan,

including civil law, constitutional law, business law, inheritance law, and human rights.

Improved coordination and cooperation is needed between the police department and DoJ office.

Police department‟s support is vital for the implementation of court and DoJ (Huquq office)

decisions. These relations can be improved through regular meetings between district DoJ offices

and police departments.

There are many legal cases involving women coming to the district DoJ offices (Huquq offices)

before they have been referred to the primary court at the district level. Due to Afghan culture

and certain norms, all of the required questions cannot be responded appropriately by women in

the presence of male staff.Thus the availability of at least one female staff member in the DoJ

office at district level is recommended.

Thirteen district DoJ offices (Huquq offices) are located in district administrative buildings, one in

a private market with insufficient work space, thus it is recommended to build separate buildings

with enough work space for all district Huquq offices (except for Guzara and Ghorian districts) in

the vicinity of the district governor‟s offices.

Furniture and equipment in all districts DoJ offices is insufficient thus the required quantity is

recommended to be purchased and provided to the district Huquq offices.

There is no public electricity available in district DoJ offices except for Injil, Guzara and Gulran

districts, so the assessment team in consultation with Huquq staff recommends solar system

energy as the best practical and applicable system. Another option can be generators but as the

DoJ offices do not have enough budget for operating costs, the solar system can be considered as

the best option.

During the field assessment it was found that almost all district Huquq officials do not have access

to updated books in the field of management and legal issues. It is suggested for the provincial DoJ

office to develop a standard list of all required books and provide each Huquq office with such

updated books.

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Legal aid services should also be provided at the district level and more resources should be

allocated in this regard, so that indigent people living in the districts can more easily have access

to free legal assistance.

Allocation of additional funds for operating costs in the annual budget.

Provision of public transportation and increase in basic salary of Huquq staff.

More funds are needed for legal public awareness in regards to rights and legal issues.

The government is required to consider security for justice institutions, including district DoJ

offices, as a serious issue, and allocate more resources and efforts in this regard.

Stronger coordination is needed between district DoJ offices and local community networks

(CSOs, religious leaders etc.).

Considering district DoJ office‟s workload, it is recommended to consider the recruitment of

additional staff for all district DoJ offices either on short or long term contract.

For specific districts:

Vacant positions: The positions of Huquq manager in Adraskan district DoJ office and technical

officer in Zindajan and Farsi districts DoJ offices are vacant.These positions need to be filled through

open competitions as per procurement law of the Islamic Republic of Afghanistan.

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CHAPTER-FOUR

FINAL RECOMMENDATIONS

Based upon the data analysis and study findings the following general recommendations can

be drawn. It has to be noted that most of the following recommendations are proposed and

provided by the staff of district DoJ offices.

STAFFING AND DISTRICT HUQUQ OFFICESSTRUCTURE/TASHKEEL:

Study findings:

Assessment findings show that there is no female staff in any of the district DoJ offices.

Almost half of the district DoJ offices do not have legal libraries. Furthermore, there is not a

librarian position in the DoJ office structure at the district level, which was recommended by

some offices.

In regards to qualification of staff, it has been noticed in many districts that even the Legal

Managers (Huquq managers) are 12th grade graduates.

Security is an issue for district DoJ office staff. From the interviews carried out during the

assessment, it can be concluded that district DoJ staff is afraid of possible threats to their security.

Recommendations:

As the work of district DoJ offices entails cases involving women from different parts,in

order to keep their privacy and confidentiality and allow them to present theirviews

openly.In this regard, 40% of DoJ offices at district levels recommended the existence of a

female staff in the structure/Tashkeel.

It is recommended to establish a library in each district DoJ office with relevant books. With

regard to the work load in each district office, it is recommended that an administrative assistant

position to be created to support the DoJ staff to deal with both administrative issues and the

management of the library.

According to government HR policy, legal manager (Huquq manager) positions can be filled with

12th grade graduates, but in order to bring more improvements and positive changes, it is

recommended to fill all future vacancies of Legal Manager with bachelor degree holders in the

disciplines of Sharia, Islamic law, political science, LLB, and other relevant disciplines.

The perception of district DoJ staff is that security can be enhanced if personnel is hired locally

and maintains local cultural norms. It is, further recommended that the government to allocate

more resources on security.

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EXISTING INFRASTRUCTURE AND FUTURE NEED:

Study findings:

The study findings show that except for Guzara and Ghorian, all other 13 districts DoJ offices are

located either in a space provided by the district administration (12 district DoJ offices) or rented

(only one district DoJ office).The office space provided by the district administration consists of a

space shared with the court office or a single room that is not considered sufficient by the district

DoJ staff.

Out of 15 DoJ offices at district levels only Guzara and Ghorian districts DoJ offices have their

own bathrooms, rest of district DoJ offices are using shared bathrooms with the primary court and

district administration.

There are no separate rooms for District DoJ office libraries.

Recommendations:

In order to improve work efficiency and autonomy of the district DoJ office staff it is

recommended to construct new offices for the DoJ offices with at least two working rooms, one

bathroom and a waiting area.

Electricity is the prime requisite to be arranged in each of the district DoJ offices. Solar energy is

recommended as the most efficient and cost effective system where there is no public electricity.

MANAGEMENT INFORMATION SYSTEM:

Study findings:

The quantitative data show that there is no concept of IT system in any one of the district. None

of the districts DoJ staff has access to internet, computers and modern computerized management

information system.

Recommendation:

It is recommended to provide district DoJ offices with at least one desktop computer, one 2G

internet set and simple database in excel or any other feasible software.

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CAPACITY BUILDING AND CONTINUAL UPSCALINGOF KNOWLEDGE:

Findings:

The assessment shows that except for three legal managers which have been newly hired, the rest

of legal managers are trained in multi-discipline including applicable laws, legal issues and human

rights, IT and computer. However, there is still need for continual improvement of skills and

knowledge.

Recommendations:

For each district specific trainings have been recommended, but in general all legal managers and

their technical officers should be trained in the following areas:

(i) Computer and IT: At least for three months including MIS, reporting, and data management.

Internet packages for e-mailing and literature search

(ii) Legal Issues: Including refresher trainings of two weeks on all applicable laws in Afghanistan,

including civil law, constitutional law, business law, inheritance law, and human rights.

(iii) Strategies and Coordination with line departments: They should be oriented on MoJ strategies and

policies, as well as other relevant strategy documents such as the Millennium Development Goals

(MDGs). They should also be oriented about their job descriptions, roles of other relevant

departments like police departments, the attorney general‟s office, courts and district governor‟s

offices.

(iv) Office and risk Management: Each of the Huquq staff shall be provided with one week training on

basic level management followed by one week training in mid-level management. They should be

oriented about the risk management, data confidentiality, privacy and civil ethics.

(v) Establishment of libraries and provision of updated books, literature and strategy documents.

PUBLIC AWARENESS, ADVOCACY AND COORDINATION:

Study Findings:

In the study report it is found that the number of cases and complaints submitted by women are

much less than those submitted by men. Possible causes leading to such situation could be:

- Low level of awareness and knowledge of women about their rights

- No access of women to district DoJ offices and low level of knowledge of women about district

DoJ offices.

- Cultural issues including gender discrimination.

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Almost all of the cases in the districts are reaching the district DoJ office through personal appeal;

As indicated in the data analysis, there are no legal aid centers at district levels to facilitate and

support the cases. Further more, it was noted that people are not aware of their legal rights, and

how to access legal aid services.

Recommendations:

In order for women to have access to district DoJ offices, it is important to strengthen their

knowledge about legal rights. In order to achieve this, a continued awareness program is needed

to be arranged and provided at grass root level/community level. These orientation and awareness

raising sessions can be arranged and provided by local CSOs/ NGOs, foundations and religious

leaders.

In order to bring positive changes and facilitate the process of case appeals there is a need for

stronger coordination with civil society, NGOs, CSOs, religious leaders.

In order to provide legal aid services to vulnerable people, especially women, it is recommended

that a legal aid office is established within district DoJ offices.

It is also recommended to support CSOs involved in awareness raising and advocacy for human

rights and democracy at district level. Together with legal aid centers of DoJ, these CSOs can play

a vital role to facilitate the case management process at the district DoJ and court level.

SUPPORT OF THE DISTRICT POLICE DEPARTMENT:

Study Findings:

Throughout data collections and the assessment period it was noted that there is weak

coordination and cooperation between police departments and district Huquq offices.

Recommendation:

It is recommended that this issue be raised at the provincial meetings in order to identify root

causes and develop mechanism for improved coordination and cooperation between the district

police and DoJ office at district levels.

UNAVAILABILITY OF PUBLIC TRANSPORT AND LOW SALARIES OF HUQUQ STAFF

Study Findings:

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Public transportation is not provided to Huquq staff in any one of the district and this is perceived

as a problem by the district DoJ staff.

District DoJ/Huquq officials raised concerns about low salaries and remuneration.

Recommendations:

As the salary scale is standard, applied throughout the country, in order to bring improvements in

the work of district DoJ/Huquq offices, it is recommended to consider continued salary

increments and bonus to staff.

The staff in most of the Huquq offices recommended setting up public transportation for their

pick up and drop off at work.

RECOMMENDATIONS FOR FUTURE INTERVENTIONS:

BUILDING CONSENSUS AND FACILITATING COORDINATION

A multi-stakeholder approach is needed in order to efficiently plan future intervention in support to

provincial and district DoJ offices, as well as the justice sector in general. It is therefore recommended

that future activities are based on consensus among all relevant actors (government, justice

institutions, donor agencies, CSOs, NGOs and legal aid organizations). This is essential for continual

improvements and sustainable results.

FACILITATING MONITORING AND EVALUATION (M&E):

Limited institutional capacities and high insecurity have greatly affected the monitoring capability of

the provincial DoJ office to monitor the progress of the work undertaken by district DoJ offices and

solve possible issues.

Therefore building a coordinated mechanism and system is mandatory to watch over and coordinate

results and impact of future interventions. A coordinated dialogue with relevant justice stakeholders,

local governments and the public is essential for improvements, information sharing and ownership.

This is because weak coordinated structures hinder effective service delivery and reporting

mechanisms and can lead to a waste of efforts.Thus it is recommended to have more focus and

investments in M&E systems to ensure that gaps can be addressed and that data generated can be used

for ensuring sustainability and replication on the scale.

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ENSURING SUSTAINABILITY:

Stakeholders and government authorities might voice concerns about the lack of financial and

technical resources to sustain this multi-stakeholder joint effort. Insufficient resources at present for

which relevant offices are struggling to be efficiently used or which at times are unavailable to the

program can prove a serious challenge. In such resource-scarce settings, it is important to build

synergies and pool resources to ensure their optimal use. It is important to emphasize on needs

assessment empirically in order to be well aware of coming consequences, to measure progress

efficiently and address gaps and challenges.

REFERENCES

NPP5, DoJ office at district level documents

ANNEXES 1. Study Tools

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Part-1: Institutional Capacity Assessment Questionaire:

CONDUCTING BASELINE STUDY OF THE CAPACITY OF JUSTICE INSTITUTIONS IN HERAT PROVINCE AT DISTRICT

LEVEL

ASSESSMENT CHECKLISTS PART-1 INSTITUTIONAL CAPACITY ASSESSEMNT

A STUDY CONDUCTED BY,

THE GREEN STEP AFGHANISTAN

August 2013

75 | P a g e

BASELINE STUDY OF THE CAPACITY OF JUSTICE INSTITUTIONS IN HERAT PROVINCE AT DISTRICT LEVEL

Start Time: ____ ___: ____ ____ (AM/PM) Date: ___ ___ / ___ ___ / ___ ___

DD/MM/YY

Interviewer’s Initials: ______________________

Checklist completed? Yes _______________ No_______________

Checked by Supervisor/ Team Leader: ____________________ Date: ___ ___ / ___ ___ / ___ ___

DD/MM/YY

Initials: ___________________

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Capacity Assessment of Justice Institution at the District Level in Herat Province

Part-1 Assessment Checklists: This part has four Sub-objectives,

Sub-objective 1.1. To assess the actual capacity both in term of quality and quantity of IT equipment


IT Equipment Existing capacity Required Capacity

Notes/Explanation Quantity Condition Quantity No

Desktop

Laptop

Flash Drive

External Hard Desk

Others, Please specify: Office Equipment Existing capacity Required Capacity

Notes/Explanation Quantity Condition Quantity No

Printer

Fax

Scanner

UPS

Answering machine

Webcam

Security Camera

Finger Print Machine

Digital Camera

Other/s please specify the quality and quantity:

1. ___________________________________ 2. ________________________________________

3. ___________________________________ 4. ________________________________________

5. ___________________________________ 6. ________________________________________

Internet Connection/ Collaboration Tools

Existing capacity Required Capacity Notes/Explanation

Quantity Condition Quantity No

Desktop

Laptop

Instant Messenger

WI-Fi Connection

Cable Connection

External 3G Devices

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Communication Means Existing capacity Required Capacity

Notes/Explanation Yes-no Condition Yes No

Land line

Cellphone

Intercom

Others Please specify:

Qualitative Analysis of the findings for Objective 1.1:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

________________________________________________________________________________

Sub-objective 1.2. To assess the actual status of office space and furniture of all DoJ offices at district

level;

Office Set-up and

Funrniture

Existing capacity Required Capacity Notes/Explanation

Quantity Condition Quantity NR

Office rooms related to

DoJ

Bath Rooms related to DoJ

Separate meeting room

for DoJ staff

Dinning room/ Furniture

related to DoJ

Waiting area for clients

Corroider related to DoJ

Sufficient Workspace-

Office Desks for DoJ staff

Comfortable & supportive

office chairs for DoJ staff

Additional Chairs for

clients/ Guests

Good lighting and

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Ventilation

Adequate storage space

for office documents-

Shelves/ Cabinets

White Boards

Green Boards

Have you performed an office safety check? Please explain the Hard data security mechanism:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________


_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

________________________________________________________________________________

Sub-objective 1.3. To assess the electric power capacity of DoJ offices at district level with a particular

attention of the capacity of sustaining, in a constant and efficient manner with an assessment of the

additional load;

Electrical Power Supply and Sustainability

Yes No Not Required Notes/Explanation

Type of Electric power supply? Public Solar

Generator Other:

Electric power supply Load (KW)

Does Electric supply enough and

remains for full working day?

Do Electrical outlets overloaded?

Do Equipment properly grounded (3

pronged plugs)?

Do Electrical cords/cables and plugs

in good condition?

Do Extension cords substituted for

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permanent wiring?


_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

________________________________________________________________________________

Security and Safety Measure in the Work Environement:

Security Existing capacity Required Capacity Notes/Explanation

Yes No Yes No

Fire and protection wall

Antivirus

Policies, SOPs available?

Other safety and security Measure:

Work Environment Safety

Yes No Unsure Notes/Explanation

Employees work areas are

adequately illuminated.

Do employees face with any type of

Hazards?

Does work area clean and in the

right order?

Does staff engage in unsafe acts,

e.g. using chairs as Step stools, using

multiple extension cords, etc.

Bookcases, Shelves, Cabinets

Yes No Unsure Notes/Explanation

Bookcases and shelves not

overloaded

Heavy storage shelves secured to

wall

File drawers closed when not in use

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Bookcases and cabinets secured

against tipping

Sub-objective 1.4. To provide final recommendations on how to improve the capacity of the DoJ district

offices in terms of IT and office equipment, including a list of detailed need.

Question: What changes would you recommend be made to the entire set up? Please provide your

valuable inputs and recommendation which could help the MoJ, international community and donors to

think about on how the system could be strengthened?

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Part-2, HR Capacity Assessment Questionare

CONDUCTING BASELINE STUDY OF THE CAPACITY OF JUSTICE INSTITUTIONS IN HERAT PROVINCE AT DISTRICT

LEVEL

ASSESSMENT QUESTIONAIRE PART-2

A STUDY CONDUCTED BY,

THE GREEN STEP AFGHANISTAN

August 2013

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BASELINE STUDY OF THE CAPACITY OF JUSTICE INSTITUTIONS IN HERAT PROVINCE AT DISTRICT LEVEL

Start Time: ____ ___: ____ ____ (AM/PM) Date: ___ ___ / ___ ___ / ___ ___

DD/MM/YY

Interviewer’s Initials: ______________________

Interview completed? Yes _______________ No_______________

Checked by Supervisor/ Team Leader: ____________________ Date: ___ ___ / ___ ___ / ___ ___

DD/MM/YY

Initials: ___________________

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Salam my name is……………………and I am working for Green Step which is a consulting company working

in Afghanistan in the areas of Quality Management, Assessments, Surveys/Research, monitoring and

evaluation and capacity building.

I will read this form to you, which will give you information about the baseline study of the capacity

assessment of the Department of Justice at the district level in Herat province supported by the Italian

Development Cooperation Office Embassy of Italy in Afghanistan. And what we will be asking from you,

please ask questions about anything that is not clear.

The purpose of this Assessment: I am here to ask you some questions regarding the structure of the

justice system and the case management capacity of DoJ at the district level.

Your participation in this session: Your participation in this session is voluntary, if you agree to

participate; we will ask you some questions. The interview is likely to take less than one hour time if you

are supportive in responding to the questions. Try to be as cooperative and supportive as possible and

answer all the questions what you know about. Please be informed that we have a prior approval from

the provincial department of justice and other relevant officials at the provincial and district level, so

your participation will show compliance with the instructions of your senior/s.

Questions about the baseline assessment: If you ever have any questions about this study, you should

contact Dr. Abdul Rashid the lead consultant GS at 0093-786140561

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Capacity Assessment of Justice Institution at the District Level in Herat Province

Part-2 Assessment Questionnaire: This part has three Sub-objectives,

Sub-objective 2.1:Mapping out the existing HR composition of the DoJ district offices based on Tashkeel

with a focus on the role, age, gender , qualification, background and proficiency of the staff;

In order to achieve the intended indicators for this objective, the consultant will deeply focus on the

following assessment questions,

Total staff working in the department of Justice at the District Level Actual in structure (Tashkeel)__________________Present on the Ground___________________ Nature of absentees: Please tick and write the number as well Permanent_______________ or Temporary_________________ Staffing details (DoJ only)

No Name (Optional) Age and Gender

Role/position Qualification Experience Proficiency

1

2

3

4

5

Explanatory Notes: (i) With qualification the interviewer has to quote the major degree/ certificate the employee

obtained (it will be good to write the University Name as well) with professions i.e Bachelor in Law and Political Science from ………………University.

(ii) Age and Gender should be marked as 30 M-F (iii) Position/Role: This should be the title he/ she is designated in the structure and brief of his/her

main responsibilities in bullet points. It will be good if his/her job description be cross checked with what he/she said during the interview session

(iv) Experience: Years working in the same field (Justice system) within the Government set up. His/her non-governmental experience shall be written in remarks.

(v) Proficiency: Including IT skills, Language skills (reading, writing and speaking), analytical skills, communication/interviewing skills

(vi) All such information may not be possible to write on a single page or in limited space in the table above, additional paper can be used while at the end of the day all such information shall be entered into the excel database for further analysis.

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(vii) Minimum people to be interviewed in each district will be one and maximum two (all should be professional and from the DoJ)

(viii) Total staff of the DoJ at the district level as per Government structure are three people Sub-objective 2.2:Qualitative and Quantitative assessment of the work undertaken by the DoJ district offices (case management capacity) 2.2.1. Case Management Information: 2.2.1.1 What is your existing data management system? Please tick one,

(i) Computerized (ii) Manual 2.2.1.2 Is your Management information System (MIS) linked with the provincial and central

Departments of Justice software? Yes_______________ No____________

2.2.1.3 In which stage do you receive the case/s?

(i) Detection (ii) investigation (iii) Primary Court Trial (iv) Appellate Court Trial (v) Others (Specify)______________________________________________________________

2.2.1.4 From where you receive the case/s?

(i) Personal appeal (ii) Referred by (Community Based Organizations) CBOs/(Civil Society Organizations ) CSOs/ (Non-Government Organizations) NGOs (iii) Police department (iii) Others (specify)___________________

2.2.1.5 How do you deal with the case/s within the district?

(i) Collecting first information and then referring to the upper level judiciary (ii) Complete investigation followed by a final decision at the district level (iii) Complete investigation followed by referring to the upper level judiciary (iv) Others (Specify)______________________________________________________________

2.2.1.6 Do you commit any penalty at the district level? If yes please describe the type and intensity. ________________________________________________________________________________________________________________________________________________

Comments/ qualitative explanation(More relevant Information if available): ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 2.2.2. Observational Assessment of the Cases Managed at the District level: How many cases, in total, did your office deal with since 2010? __________________________________________________________________________________________________________________________________________________________________________

What is, more commonly, the type of cases dealt with? ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

How many cases were resolved by your office, through mediation? How many cases were referred to courts? Other solutions? ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Please take a random sample of 2-3 cases managed by the DoJ at the district level from Hamal 1389 Asad 1392(March 2010-August 2013) focusing on the following information:

Case ID Case type Case initiation date

Case went through the following steps

Case follow up and end date

1

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2

3

Case Study: Give a detail of one case from the day 1st it is received to the final decision stage. 2.2.2. Sustainability/ Capacity Building

Did you receive any training since 2008 on Justice related issues/ policies/ strategies (national or international)?

Yes No Unsure

Comments:

Are you aware of any planned/upcoming training? If yes, what will the training be about and who will carry out the training?

Yes No Unsure

Is there a manual or handbook/Guideline of the DoJ system at the district level and/or MOJ policies and strategies?

Yes No Unsure

Is there a routine review of the policies/ documents?

Yes No Unsure

Are you submitting feedback and suggested improvements to the relevant authorities regularly?

Yes No Unsure

Are updates routinely made to the policies based on your feedback?

Yes No Unsure

Comments/ Training Needs Assessment (TNA): Please provide detailed information about the training received by the DoJ officials, such as subjects of the trainings, duration of the training and training provider. ___________________________________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Were such trainings satisfactory and helpful for the work of the office?how please explain? ____________________________________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________

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________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Please provide suggestions and recommendations regarding future training needs and subjects. ________________________________________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________ Is the staff structured for the DoJ at the district level is sufficient to undertake the work assigned to the district justice department ? In case not, what else to be done (justification is required). ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Additional Information:

(i) Are there other people or organizations you feel should be interviewed or should complete this

questionnaire in order to have a complete picture of the district level justice system? If yes, indicate who else should be contacted for an interview or to complete this questionnaire?

(ii) In your opinion, what are the primary advantages or strengths of the district level judiciary? (iii) What are the primary limitations of the District level judiciary?

Sub-objective 2.3. Recommendations on how to improve the capacity of the DoJ offices in terms of HR

capacity.

(i) What changes would you recommend be made to the system? Please provide any information

about the system that could help the MoJ, international community and donors to think

about on how the system could be strengthened.