sli-jc-path methodology

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SLI-JUDICIAL-PATH (J-PATH) METHODOLOGY Extensive experience assessing reforms impacts, the Supply Chain Management (the Map) of justice institutions and evaluation of justice institutions functional skills, human resource assets and training needs baseline. The assessment methodology includes ensuring participation of relevant stakeholders to inform the assessment and obtain buy-in for resulting recommendations and planned actions. The assessments are designed to provide a photo of current status, human resource assets, leadership, mission, define priorities for action, and provide measurements for later advances. The process allows the project to identify current capacities of justice institutions both in their administrative and policy making functions as well as the day-to-day operations in order to introduce the most affinitive and consensus-based skills to further the quality of justice sector services. The assessment process consists of several well-defined steps. Initial Desk Review Review of background material provided by contractor, other stakeholder information, and materials researched by myself. These will include existing studies, public opinion surveys, and best practices on rule of law reforms. This initial desk review will help develop: Background and context Initial baseline Objectives and scope of the Assessment Identify Limitations Assessment Utilization The Supply Chain Management (the map) of legal and judicial services Justice is everywhere very old organization. The judicial map has in many countries become obsolete, inefficient and irrelevant with dimensions and competencies not adequate for needs and realties of territory and society. The baseline assessment for assessing map of legal and judicial services network, their geographical locations, size and specialization of expertise and optimizing the Supply Chain Management in terms of their size and location is first step in judicial reforms. This study would help decision makers to design or re-design map of justice sector institutions close to users. This study will help maximize the service level of justice, while optimizing operational 1

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Page 1: SLI-JC-Path Methodology

SLI-JUDICIAL-PATH (J-PATH) METHODOLOGY

Extensive experience assessing reforms impacts, the Supply Chain Management (the Map) of justice institutions and evaluation of justice institutions functional skills, human resource assets and training needs baseline. The assessment methodology includes ensuring participation of relevant stakeholders to inform the assessment and obtain buy-in for resulting recommendations and planned actions. The assessments are designed to provide a photo of current status, human resource assets, leadership, mission, define priorities for action, and provide measurements for later advances. The process allows the project to identify current capacities of justice institutions both in their administrative and policy making functions as well as the day-to-day operations in order to introduce the most affinitive and consensus-based skills to further the quality of justice sector services.

The assessment process consists of several well-defined steps.

Initial Desk ReviewReview of background material provided by contractor, other stakeholder information, and materials researched by myself. These will include existing studies, public opinion surveys, and best practices on rule of law reforms. This initial desk review will help develop:

Background and context Initial baseline Objectives and scope of the Assessment Identify Limitations Assessment Utilization

The Supply Chain Management (the map) of legal and judicial services

Justice is everywhere very old organization. The judicial map has in many countries become obsolete, inefficient and irrelevant with dimensions and competencies not adequate for needs and realties of territory and society. The baseline assessment for assessing map of legal and judicial services network, their geographical locations, size and specialization of expertise and optimizing the Supply Chain Management in terms of their size and location is first step in judicial reforms. This study would help decision makers to design or re-design map of justice sector institutions close to users. This study will help maximize the service level of justice, while optimizing operational costs and investment. This exercise will lead through following phases:

Assess current map baseline and indicators Set objectives and criteria Build and measure indicators Define new justice institution map Key factors and additional factors for definition of judicial map Implementing the judicial map Measuring the impact of judicial reform map

FACTORS FOR FOCUS IN ASSESSMENT

INDEPENDENCE AND ACCOUNTABILITY OF JUDICIARY

Rationale

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Articulating a common understanding of independence and accountability

New dimensions of independence

New frontiers of judicial accountability

Institutional internal and external independence and accountability

Courts independence and accountability

Individual judges and prosecutors independence and accountability

Balancing independence with voice, responsibility, impartiality, competency and accountability

International and EU obligations, standards, best practices

Achievements and impact of the past reforms

The legal landscape

Institutional landscape

Perceptions

Way forward

Looking beyond 2015: Setting priorities for post 2015 and beyond

IMPARTIALITY AND TRANSPARENCY OF JUDICIARY AND OF JUDICIAL PROCESSES

Rationale

Defining and articulating the concepts: changing definitions of judicial transparency and impartiality

Elements of impartiality

Elements of transparency

Transparency and impartiality of process and procedures

Increasing impartiality of judiciary through data producing and sharing

International and EU obligations, standards and best practices

Milestones reached and legal landscape

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Way forward

Looking beyond 2015: Importance of impartial and transparent judicial system

ORGANIZATIONAL CAPACITY AND COMPETENCY OF JUDICIARY

Rationale

Conceptual underpinnings of organizational capacity

Capacity development core issues-institutional arrangements, leadership, knowledge and accountability

Elements of 21ST Century strategic institutions: Fit for purpose institutions and motivated human force

International and EU standards and best practices

Capacity of MOJ to perform functions, solve problems, and set and achieve objectives in a sustainable manner- performance, stability and adaptability

Capacity of higher judiciary to perform functions, solve problems, and set and achieve objectives in a sustainable manner- performance, stability and adaptability

Capacity of a court-performance, stability and adaptability

Capacity of individual judges- performance, stability and adaptability

Capacity of prosecutors- performance, stability and adaptability

Government and treasury lawyers

Capacity of society

Milestones achieved over last 10 years

Way forward

Looking beyond 2015: Role of institutions in a competitive judicial system and strategic state

LEADERSHIP, MANAGEMENT AND ADMINISTRATION OF JUDICIARY Rationale Articulating key definitions and concepts Principle based Management and administration Understanding professionalism and competency Lungs of professionalism

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Justice, fairness and merits in side justice institutions

International and EU standards and best practices

Ten core values of excellent courts

Professionalism and competency in judiciary

Promotion of external orientation

Judicial decision making coordination

Judicial planning and policies

Professional Management and administration of MOJ

Professional Management and administration of higher judiciary

Professional Management and administration of a court

Professional Management and administration of a prosecution office

Impact of past reforms

Judicial planning and policies coordination

International and EU standards and best practices

Way forward

Looking beyond 2015: Role of professional management and administration of justice institutions

EFFICIENCY AND EFFECTIVENESS OF JUDICIARY

Rationale

Defining efficiency and effectiveness of judiciary

Elements of efficiency and effectiveness of judiciary International and EU standards and best practices

Defining performance standards

Delivery of justice standards and criteria

Access to civil, family, administrative, military and criminal judiciary

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Expeditious and timeliness

Equality, fairness and integrity

Consistency and predictability in decisions

Cost benefit analysis of prosecution and state/government litigations

Performance standards and indicators for judiciary, courts and prosecution office, individual judges and prosecutors

Measuring performance of judiciary, courts and prosecution office, individual judges and prosecutors

Efficiency and effectiveness of civil and family justice

Efficiency and effectiveness of administrative justice

Efficiency and effectiveness of criminal justice system

Efficiency and effectiveness of military judiciary

Impact of past reforms

Way forward

Post 2015: Need for competitive, cost effective and delivering legal and judicial system for development

CONSISTENT, TRANSPARENT AND PREDICTABLE PROCESSES AND PROCEDURES

Rationale

Articulating key concepts and defining terminologies

Consistent and predictable procedures within and without

Fair and transparent procedures and processes within and without

Consistent rules for interpretation of evidence and application of laws

Simple and fair processes for prosecution and trial

Transparent processes for prosecution and trial

International and EU standards and best practices

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Charter of relationship between judges and attorneys

Charter of relationship between judges and prosecutors

Citizens Service charter

Court services charter

Impact of reforms and current state of affairs

Way forward

Looking beyond 2015: Role of processes and procedures in delivery of legal and justice services

EXPEDITIOUS AND TIMELY DISPOSAL OF CASES-COURTS AND CASE MANAGEMENT Rationale Articulating common understandings and defining the concepts Reasonable time or optimum and foreseeable timeframe Judicial management Courts and prosecution management Case management Case flow management Procedures and trial management Life cycle of a civil and criminal case-stages, actors, actions, contributions-process-progress-

bottlenecks (inputs, output, outcome chain) International and EU best practices standards Assessing the success of past reforms Current state of affairs Way forward Looking beyond 2015: Role of case management, case flow management

ACCESS TO JUSTICE, LEGAL AID AND COMMUNICATION TO PUBLIC

Rationale

Key concepts and definitions

Conceptual underpinnings of access to justice

o Access to justice

o Self-representation

o Legal aid, meanings and modes of

o Affordable and accessible judicial services

Fundamental elements of access to justice

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Key Elements in Court House Design

Public communication and access to information

International and EU obligations, standards and best practices

Barriers to access to justice

o Legal barriers,

o Institutional barriers,

o Economic barriers

o Social barriers.

o Political barriers

o Other forms of barriers in relation to claiming rights

Legal identification and protection

Legal awareness

Balancing opportunities with voice and accountability

IT role in modernizing and reforming mechanism to access to justice

Promoting a sustainable, accessible and integrated justice through legal education

Impact of reforms

Weaknesses and challenges in the existing system

A roadmap for access to justice-innovation goals, institutional and structural goals and research and funding goals

Looking beyond 2015: Innovative methods for access to justice and legal aid in the age of mass communication

CONFIDENCE, TRUST AND USERS SATISFACTION IN LEGITIMACY OF LEGAL SERVICES AND JUDICIARY

Rationale

Articulating and understanding the concepts

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Balancing opportunities with voice and accountability

Communication standards

Public relations standards

Citizens charters

Court services charters

Prosecution services charters

Coordination within judicial institutions

Public confidence and trust in judiciary

Participation of users

Open and democratic legal and judicial system

Accountability through transparency

Way forward

Looking beyond 2015: Open, transparent, accountable and delivering judicial system

LEGISLATIVE FRAMEWORK AND LAW MAKING PROCESS

Rationale

Defining and articulating concepts of sustainable, efficient, effective laws

Legislative strategies for promoting cohesion, integration and social change

Elements of good high quality laws

Pre and post Regulatory Impact Analysis (RIA)

Policy development process-information sharing, consultation and participation

Legislative process-independent, impartial, inclusive, transparent, democratic

Drafting process

A law that reshapes society must emerge from wider consensus of society

Practical and enforceable laws for delivery of justice

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Causes and sources for implementation gaps

Bridging Implementation gaps

EU and OECD obligations and international best practices

Way forward

Looking beyond 2013: Sustainable laws and regulation are critical for sustainable development, foreign and domestic investment

LEGAL EDUCATION AND TRAINING FOR JUSTICE PERSONNEL

Rationale

University education

Matching skills with emerging development needs of society

Legal services standards

Lawyer education- entry criteria and CLE and regulatory authority, ombudsperson

Paralegal and support staff training and CLE

Judicial education and training

Prosecution education and training

Support staff education and training

Notaries and support staff education and training

TOT

The current state of affairs

International and EU best practices

Looking beyond 2015: promoting a sustainable, accessible and integrated justice agenda through life long legal education

PREVENTIONS, ALTERNATIVE DISPUTE RESOLUTION AND DIVERSIONS

Rationale

Articulating common definitions and conceptual underpinnings

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Prevention, diversions, ADR, reconciliations, restorative justice

Alternative to punishments in criminal cases

Corporate punishments civil penalties, infringement notices

Prosecution lead reconciliation

State based non-judicial grievance mechanism

Non-State based grievance mechanisms

State-based judicial dispute resolution

Risks analysis and managing risks

The drivers, actors and beneficiaries of disputes

International and EU obligations and best practices,

Impact of past reforms and impact

Way forward

Looking beyond 2015: A transformative shift-articulating role of society in prevention and resolution of dispute

RESPECT, PROTECT AND ENFORCEMENT OF HUMAN RIGHTS, PREVENTION OF ILL-TREATMENT AND TORTURE AND HUMAN RIGHTS VIOLATIONS ARISING FROM BUSINESSES, INVESTIGATION, ADMINISTRATIVE, PROSECUTION AND JUDICIAL PRACTICES

Rationale Key concepts and definitions

Articulating human rights violations arising from business

Grievance Grievance mechanism Understanding ill-treatment and torture International and The EU standards and best practices Access to services free of corruption Role of Ombudsperson and other human rights bodies Barriers to access to justice and grievance Prisons treatment and standards Access to information Anti discrimination Equality of genders and vulnerable groups International human rights and EU human rights obligations

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Impact of past reforms Way forward Looking beyond 2015: Underpinning human rights based approaches in justice delivery

BAR ASSOCIATIONS AND LEGAL PROFESSION

Rationale

Role and scope of Bars in:

o Justice delivery

o Education and Legal awareness

o Access to justice Public confidence

o Medication and conciliation

Education and trainings of lawyers both public and private good

Constant and real time communication between Bars and judiciary

Charters of relations of judges, prosecutors and lawyers

Customer service charter

Transparency of lawyering process

Lawyers regulatory authority

Legal services ombudsman

The EU and international best practices

Looking beyond 2015: Changing role of the Bar Association as partners and stakeholders of justice and judiciary

NOTARIES

Rationale

Role ad scope of notaries in justice delivery

Importance of Notaries in service delivery

Notaries as Gatekeepers of financial system

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Risk analysis

Risks management

Prevention of disputes

Dispute resolution

Legal services and advisory services

International and EU best practices

Overview of past reforms and impact

Looking beyond 2013: Enhancing the role of Notaries in prevention, diversions and mediation

FORENSIC INSTITUTION, EXPERT WITNESS, WITNESS AND VICTIM PROTECTION

Rationale

Partners of justice

Defining witness, victim and whistleblowers and aids to judiciary

Importance of modern investigative techniques

Policy decisions, issues and challenges

Need for uniform forensic evidence mechanism

Single regulatory mechanism

Witness and victim protection

Victims’ journey through criminal justice system

International and EU standards and best practices

Victims’ Code, the UK 2013

Legal and institutional landscape

Impact of past reforms

Looking beyond 2013: changing role of forensic sciences in delivery of justice and need for uniformity and coordination

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INTERNATIONAL COOPERATION IN CIVIL AND CRIMINAL MATTERS

Rationale

Defining MLA, joint investigation, extradition, transfer of proceedings, extradition and transfer of convicted persons

International Cooperation in Civil and Criminal Matters

Coordinated and proactive fight against organized crimes

Nature of organized crimes

Fight against organized crimes-money laundering, human trafficking, drug trafficking, counterfeiting etc.

Enforcement of foreign arbitral awards

International and EU obligations

Way forward

Looking beyond 2013: Coordinated and proactive fight against organized crimes

ENFORCEMENT OF COURT DECISIONS AND BANKRUPTCY SYSTEM Rationale Types of enforcement agencies

Current state of affairs

Insolvency and bankruptcy at the crossroads

Evolving role of dispute resolution in bankruptcy and enforcement

International and EU obligations, CEPEJ standards and best practices

Enforcement of foreign arbitral awards

Alternative enforcement mechanism

Disposal of forfeited and confiscated property

Impact of reforms

Way forward

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Looking beyond 2015: Role of enforcement and bankruptcy in efficiency and effectiveness of justice system

WORKING OF PENITENTIARY SYSTEM

Rationale

Defining Probation, rehabilitation and reformation

Changing definitions and concepts about punishment and prisons Current state of affairs

Charting impacts of past reforms

International and EU obligations, standards and best practices

Challenges and issues

Drawing from successful experiences of Germany and Dutch

Alternative to prisons

Civil penalties, infringement notices and other penalties

Society role in reformation and rehabilitation

Voluntary probation associations

Looking beyond 2013: Transformative shift from punishment to reformation and rehabilitation

CROSSCUTTING ISSUES

GENDER JUSTICE ISSUES Rationale Key Concepts of gender justice Role of gender justice in development and social cohesion Gender access to justice and institutions

Strategies for mainstreaming gender into justice institutions

Key ingredients for integrating gender perspective in justice

Access to courts and prosecution offices

Safety and security in the courts and prosecution offices

International and EU obligations, standards and best practices

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Impact of reforms on gender justice

Key recommendations for integrating gender perspectives into access to justice services and delivery of justice services

Looking beyond post 2013: Role of gender justice in development and social cohesion

JUVENILE JUSTICE

Rationale

Concepts around juvenile justice

Putting child interest first through prevention and education

Justice education as life skill at schools

International and EU obligations, standards and best practices

Protection of children from violence from internet and associated technologies

Analysis of the past reforms

Looking beyond 2013: Putting the children first through prevention and education

TREATMENT OF VULNERABLE GROUPS

Rationale

Defining and identifying vulnerable groups

Status of vulnerable groups

Empowerment of vulnerable groups

Inclusive role of vulnerable groups in national development, peace and security

International and EU obligations, standards and best practices

Drawing from experience of others-Victims code UK

Looking beyond 2015: leaving no one behind is a key for development, peace and security

MALPRACTICE, CORRUPTION AND INSTITUTIONAL INTEGRITY

Rationale

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Revisiting definition and implications of corruption in Judiciary

Dimensions of corruption in judiciary

Institutional integrity, compliance, policy and enforcement

Understanding institutional integrity model

Identification of risk areas

Risk management

International and EU obligations, standards and best practices

National anti-corruption strategy

Anti-corruption Compliance is more than adopting a policy and strategy

Over view of impact of past reforms

Way forward

Looking beyond 2015: Compliance and enforcements are equally critical as policy, laws and regulations

ANALYSIS, SYNTHESIS AND MAJOR FINDINGS

Trailbreakers, trendsetters, shapers and makers of the future

Key policy issues, challenges and options

Outcomes, Impacts and Sustainability

Major challenges of justice systems

Lessons learned, documentation od experiences and best Practices

RECOMMENDATIONS

A strategic vision for justice and judiciary

Key milestones for the transformative agenda

Looking beyond 2015: A new role for judiciary and governance

Pushing the envelope: the rule of law in the modern world

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Post 2015 Dimensions of rule of law and governance

Role of law, justice and judiciary in society and development- a transformative shift

Role of law-social inclusion, cohesion, integration and sustainable development

Why not keep ahead of the game. Make history or become history

Need for transformative pledges to make legal and judicial system competitive

STRATEGIC FRAMEWORK FOR POST 2015 LAW, JUSTICE AND JUDICIARY

Strategic vision and conceptual framework for post 2015 law and judicial system

What kind of system will be needed after 2015

Rationale and need for post 2015 transformative shift:

o Leave no one behind through consultation, participation, inclusion and feed back

o Put sustainable justice, compliance, delivery of services and development at core

o Transform justice system for fair competition, equal level playing field, unleashing

potentials for innovation, justice for all

o Build peace, security, social cohesion and integration, open and accountable institutions

o Forge new global partnership- domestic, regional and international

Strengthening government citizens relations

Building framework and tools for government-citizens relations

Developing capacity for evaluation of government-citizens relations

Role of law in society-law as cohesive force, integrative force, healthy competition, unleashing potential of innovation, balancing of interests in society

Looking for innovative approaches to legal, regulatory and judicial reforms

Designing Legislative Governance Structure for consistent, accessible, democratic, participative and stable laws and regulations

IT role in modernizing and reforming mechanism to access to justice

Investing in human capital and life long and continuous legal education

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Measuring and delivering justice in post 2015 scenario

Strengthening governance and decision making to promote a culture of co-operation and collaboration

Addressing disconnects at the political, administrative and judiciary interface

Establishing a coherent prosecution, judiciary and prison system

Embedding a culture of co-ordination, collaboration and co-operation within the entire judicial system

Focus on citizens and mother state. Democracy is balance of legislative, executive, administrative and judicial powers.

Learn Lessons, share good practices through peer learning

Six guiding principles for change of legal and judicial system

o Put the public first

o Collaborate and coordinate

o Prevent and education

o Simplify, make coherent, proportional and sustainable

o Take action

o Focus on outcomes

o Sustained and major system wide change through cultural and institutional innovations,

research and sustained reforms

Open data, creation of robust data, and transparency of data

Robust governance, M&E structure for policy development, drafting of laws, regulations and byelaws need for an oversight body

Prevention, diversion and restorative justice policies

Strategic vision and conceptual framework for post 2015 law and judicial system

Key milestones of the transformative change and cultural shift

Agenda for Criminal law, procedure and human rights

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Agenda for Military Justice

Juvenile justice

Gender justice

Agenda for prisons and probation management

Agenda for civil and commercial law and procedure

Agenda for family law and child justice

Agenda for Administrative Law, principles and procedure

PRIORITY AREAS FOR PROJECTS

ACTION PLAN

Process for action plan is critical. It is ambitious, responsive, relevant, transparent and accountable with SMART commitments. It should be solution oriented and not problem oriented.

Clear and achievable strategic goals-short terms-medium terms-long term-continuous objectives

Inputs-material and human resources

Activities

Outputs

Outcomes

Impacts

Responsible institutions

Timeline

MONITORING AND EVALUATION (M&E) MECHANISM

M&E mechanism should be independent, impartial, transparent, inclusive, resourceful, with sustained budget and accountable. It should be independent of Action Committee. It could be under the same Steering Committee. M&E mechanism may either be central or separate in each major justice institution.

Sustainable institutional arrangement for M&E framework-central and institutional

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A realistic and widely agreed M&E Plan

Result based M&E Matrix comprising:

o Expected results

o Measurable targets

o Baseline value

o Performance Indicators

o Units of assessment

o Sources of information/data

o Data collection method

o Time and schedule

o Frequency of evaluation

o Transparency

o Accountability to higher forum

o Responsible institutions

The M&E Matrix is linked to strategic goals, inputs/resources, activities, outputs, outcomes and impacts.

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