Baseline study at district level herat-eng
Upcoming SlideShare
Loading in...5
×
 

Baseline study at district level herat-eng

on

  • 244 views

 

Statistics

Views

Total Views
244
Slideshare-icon Views on SlideShare
235
Embed Views
9

Actions

Likes
0
Downloads
1
Comments
0

1 Embed 9

http://www.coopitafghanistan.org 9

Accessibility

Categories

Upload Details

Uploaded via as Adobe PDF

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

    Baseline study at district level herat-eng Baseline study at district level herat-eng Document Transcript

    • 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: arwahab@gmail.com, Web Site: www.greenstep.com.af Office Address: House 72, St. 02, Ward 06, Karti-3 Kabul, Afghanistan 1|Page
    • 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 2|Page
    • 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 wellexperienced 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 3|Page
    • ACRONYMS: B. Sc. Bachelor of Science CBOs Community Based Organizations CSOs Civil Society Organizations DoJ FGD Department of Justice Focused Group Discussion FY Fiscal Year GS Green Step HR Human Resource IDCO Italian Development Cooperation Office IDI IT In-depth Interview Information Technology KW Kilo Watt MCPA Mine Clearance Planning Agency MD Doctor of Medicine MPH MDGs Master of Public Health Millennium Development Goals M&E Monitoring and Evaluation MIS Management Information System MoJ Ministry of Justice MoU Memorandum of Understanding NGO NPP5 Non-Governmental Organization National Priority Program-5 PhD Doctor of Philosophy TOR Terms of References UPS Universal Power Supply 4|Page
    • 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 5|Page
    • 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. 6|Page
    • 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. 7|Page
    • 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. 8|Page
    • 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 28- July 2013 13-August-2013 Participants - 19-August-2013 - 20- August-2013 - 20- August-2013 20- August-2013 - 9|Page Dr.Davide Dolcezza IDCO Kabul Office Mr. Noorulhaq Green Step Dr. Abdul Rashid Green Step Ms. Claudia Gioffre IDCO Kabul Office Dr. Abdul Rashid Green Step Dr. Ghulam Rabani Green Step Eng. Abdul Wakil Green Step Field Team Coordinator Ms. Gorica Balta IDCO Dr. Abdul Rashid Ms. Gorica Balta IDCO Herat Mr. Ahmad Taufiq Saifi Dr. Abdul Rashid Green Step Eng. Abdul Wakil Green Step Eng. Saboor Green Step Mr. Rahmani Director DoJHerat Ms. Gorica Balta IDCO Herat Mr. Ahmad Taufiq Saifi Dr. Abdul Rashid Green Step Eng. Abdul Wakil Green Step Eng. Saboor Green Step Mr. Abdul Naser Aswadi, Director of economy Herat Mr. Ahmad Taufiq Saifi IDCO Herat Ms. Gorica Balta IDCO Herat Agenda/Purpose of Meeting - Contract Signing & Agreement on Assessment TOR -Introduction - Study updates -Field implementation plan -Introduction -Planning for meeting with Government Authorities in Herat - Herat Teams Introduction - Planning for meeting with the Directorates of Justice and Economy Herat Province - Introduction of Team - Discussion on the requirements of study - Security updates - Planning for implementation - Teams Introduction - Introduction of the study TOR and requirements
    • - Dr. Abdul Rashid Green Step Eng. Abdul Wakil Green Step Eng. Saboor Green Step Mr. Rahmani Director DoJ Herat Eng. Abdul Wakil Green Step Eng. Saboor Green Step - Mr. Ahmad Taufiq Saifi IDCO Herat Eng. Abdul Wakil Green Step Eng. Saboor Green Step Ms. Claudia Gioffre‟ IDCO Ms. Gorica Balta IDCO Dr. Abdul Rashid Green Step 3-Sep-2013 - Ms. Claudia Gioffre‟ IDCO Ms. Gorica Balta IDCO Dr. Abdul Rashid Green Step 8-Sep-2013 - Mr. Rahmani GS Field team Ms. Gorica Balta Mr. Ahmad Taufiq Saifi Eng. Abdul Wakil Mr. Rahmani Eng. Abdul Wakil - Ms. Gorica Balta Ms. Claudia Gioffre Dr. Abdul Rashid Mr. Rahmani Eng. Abdul Wakil - Mr. Ahmed Taufiq Saifi Eng. Abdul Wakil Dr. Abdul Rashid Ms. Claudia Gioffre Dr. Davide Dolcezza IDCO Kabul Office Ms. Gorica Balta 27-August-2013 28-August-2013 29- August-2013 8-sep-2013 12-Sep-2013 14-Sep-2013 17-Sep-2013 17-Sep-2013 18-Sep-31st Dec 2013 10 | P a g e -Provision of updates to the Director on the successful completion of seven districts data collection - Provision of updates to the IDCO‟s staff on the successful completion of seven districts data collection - Discussion on security issues -Study updates - Discussion on various options for the data collection of remaining eight districts -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 -Initiation of second phase of assessment -Initiation of second phase assessment -Recommendation letter for the four highly insecure districts assessment -Assessment update -Budget revision -Updating the chief of Justice department on successful completion of assessment -Updating the IDCO Herat office on successful completion of assessment -Review of study reports -Follow up of comments -Finalization of report
    • 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). 11 | P a g e
    • (2)Generation of questions for each content area. The consultant developed sub-questions on subitems (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. 12 | P a g e
    • 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-eSharif, 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 (ii) district level in terms of provision of technical trainings 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, Acting legal manager in the absence of legal manager management of staff attendance - - Registration of all cases Financial issues including management of income - Maintenance of records and generated from the legal issues - Processing of legal issues according to government documents - Act as advisor to the legal policies, laws, and rules - manager Mediation, arbitration, and other dispute resolution services of non-criminal matters. administrative issues 13 | P a g e in all legal and
    • - 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) (viii) 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) 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 14 | P a g e
    • 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: District Governer Applicant District Huquq Department Refered Decision Accepted Case Application Primary Court Provincial Justice Department High Court Mediation Decision Supreme Court NO Issue Decision YES Case Setteled Case sent Accepted NO YES ↓↓ Settled Action Action 15 | P a g e No Yes YES Accepted ←Yes No→ Action Final Decision
    • 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 Existing Capacity Required Capacity Desktop 0 1 Digital Camera External 3G Devices External Hard Disk Antivirus Finger Print Machine Flash Drive Laptop Printer Scanner Security Camera UPS 0 0 0 0 0 0 0 0 0 0 0 1 1 1 2 1 1 1 1 1 1 1 Item Recommended Specification Processor2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duo. LCD Screen 17 inch >10 mega pixel (2 G Device) 500 GB 2 User 158 x 152 pixels 16 GB CORE i7 Black and white Scanner 1080p Outdoor IP Security Dome Camera > 1KW Communication Means Item Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices Existing Required Capacity Capacity 0 1 0 3 No landline coverage 0 1 Recommended Specification 2G internet 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 Office Chairs 16 | P a g e Existing Capacity 2 Condition Poor Required Capacity 2 Notes Wooden
    • Office Desks White Boards Green Boards Documents-Shelves/Cabinets Chairs for Clients/ Guests Office Rooms Bathrooms Dining / Meeting Room Waiting Area Fire and protection System Electrical Power Supply Need for additional electrical power 2 1 Not available 1 4 1 Poor 2 Wooden Ordinary 1 Ordinary Poor 2 Metal Good 6 Bench-Wooden Good 1 Provided by the District Office Plumbing, repair and 1 Good maintenance Not available 1 Separate from District office Not available 1 4*4 Meters Not available 1 As applicable Public/ available for 24 hours except in case of Available Normal load shedding 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 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 Technical officer 28 Y M 12th grade passed 7 Years Cleaner/Guard 22 Y M 9th grade passed 1 Years 11 Years Proficiency -Proficient in Dari and Pashtu -Computer Literate (word program only) -Basic English literacy -Proficient in Dari and Pashtu -Basic computer literacy - Basic English literacy - 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). 17 | P a g e
    • Basic Information Management Information System: No of Cases received since 2010 Manual system-no computerized MIS available 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 109 cases completely resolved through the mediation of 2010 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 Reg. No-43-344 Reg.No-151-444 Loan/Debt Loan/Debt 17-9-1389 6-10-1391 Case went through the following steps Through district DoJ office Through district DoJ office Case follow up and end date 20-9-1389 9-10-1391 Case Study: X who is a resident of Injil district reached the district DoJ office through a written selfrequest for the claim of a loan in the amount of 25,000 Afs to Y named person on 8-91391. 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 Provider Legal rights, labor IDLO law, month - Civil Inheritance law - General management reforms 18 | P a g e and Impact of Training One Improvement in efficiencyandeffectiveness of work law, IDLO – 15 days -6 months and -Herat provincial training Required Trainings -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
    • - 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; Assessment Findings:The below tables show the existing and required capacity of the IT and other equipment with required specifications: Electronics and IT Equipment 0 Required Capacity 1 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 Item Existing Capacity Desktop Recommended Specification Processor2.6 . Ram 3GB . Hard Disk 250GB . CPU Core 2 duo. LCD Screen 17 inch Communication Means Item Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices 19 | P a g e Existing Capacity 0 0 0 0 1 3 No Landline Coverage 1 Recommended Specification Required Capacity 2G
    • Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Office Chairs Existing Capacity 0 Office Desks 2 Poor 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 1 Poor 2 Own setup is required, the Item Condition Required Capacity 2 Specification of Required Items Wooden already existing set up is joint Office Rooms 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 Public electricity is not available, solar system is recommended as the best Electrical Power Supply 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) (ii) (iii) There is a total of three staff members working at the district Huquq office (given in the table below) All of them are permanent employees of the government There were no absentees Title Age and Gender Qualification Experience Legal Manager 57 Y M 12th grade passed 21Years Technical officer 50 Y M 12th grade passed 7 Years 20 | P a g e Proficiency -Proficient in Dari and Pashtu -Computer Literate (word program only) -Basic English literacy -Proficient in Dari and Pashtu
    • Cleaner/Guard 35 Y M - 6 Years -Basic computer literacy - Basic English literacy - 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 (Huquq office). Basic Information Management Information System: No of Cases received since 2010 Case categories Cases resolved by District DoJ since 2010 Cases referred out since 2010 Manual system-no computerized MIS available 257 cases - Family issues - Loans/ Debts cases - Property/Land issues 95 cases completely resolved through the mediation of district DoJ office 66 cases are referred out to the court and the remaining cases are pending within the district Huquq office Random selection of Cases Managed: Document review Case ID Case type Case initiation date Reg. No-4-29 Reg.No-11-81 Reg.No-6-40 Family Issue Property/ Land Loan/Debt 2-4-1389 9-8-1391 11-5-1392 Case went through the following steps Through district Huquq Through district Huquq Through district Huquq Case follow up and end date 15-4-1389 27-8-1391 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: Trainings Received 21 | P a g e Duration Provider and Impact of Training Required Trainings
    • - Family Rights -20 days - Afghan Constitution -1 day - Civil Law - One month - - Improvement in efficiency and effectiveness of work Human Rights, - 10 days Business law and Labor law All above trainings are provided by IDLO -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 Availability of required policy documents and Reference Books: (i) (ii) Library with required books: Not available 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 available in all DoJ offices at 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 0 Required Capacity 1 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 Item Desktop 22 | P a g e Existing Capacity Recommended Specification Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duo LCD Screen 17 inch
    • Communication Means Item Recommended Specification Existing Capacity Required Capacity 0 0 0 0 1 3 No Landline Coverage 1 Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices 2G Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Office Chairs Existing Capacity 2 Good Required Capacity 0 Office Desks 2 Poor 2 Wooden White Boards 0 1 Ordinary Green Boards 0 1 Ordinary (100*60 cm) Documents-Shelves/Cabinets 0 2 Metal Chairs for Clients/ Guests 4 Good 6 Bench-wooden Office Rooms 2 DoJ property 0 Good condition Bathrooms 1 Good Not available 1 At least 4*6 meters 1 0 Item Dining / Meeting Room Waiting Area Condition Fire and protection System Not in place 1 Electrical Power Supply Specification of Required Items Wooden As applicable Public electricity is available, 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 Department of Justice at the District Level: (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 (iii) There were no absentees Title Age and Gender Qualification Experience Proficiency Legal Manager 33 Y M 12th grade passed and 7 Years -Proficient in Dari and 80% Pashtu 23 | P a g e
    • currently in 3rd year in the faculty of law and political science in a private institute -Computer Literate (Basics) -Basic English literacy Technical officer 37 Y M 12th grade passed 9 Years Cleaner/Guard 50 Y M - 12 Years -Proficient in Dari and Pashtu -Basic computer literacy - Basic English literacy - Competent Sub-objective 2.2: Qualitative and Quantitative assessment of the work undertaken by the DoJ district offices (case management capacity) Case Management Information:These cases are usually followed and managed by the DoJ office at district level (Huquq office). Basic Information Management Information System: No of Cases received since 2010 Case categories Cases resolved by District DoJ since 2010 Cases referred out since 2010 Manual system-no computerized MIS available 958 cases - Family issues - Loans/ Debts cases - Property/Land issues - Business issues 66 cases completely resolved by the district DoJ office 171 cases are referred out to the court and the remaining 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 Reg. No-10-74 Reg.No-39-120 Reg.No-67-209 Debt/Loan Property/ Land Family issue 12-3-1392 24-2-1391 1-8-1389 Case went through the following steps Through district DoJ office Through district DoJ office Through district DoJ office Case follow up and end date 12-3-1392 30-2-1391 4-8-1389 Training Need Assessment: Trainings Received - Duration Provider General Management, -6 months English and computer -Provincial training department 24 | P a g e and Impact of Training Required Trainings - Improvement in -IT (office) efficiency and -Internet packages effectiveness of work -Mid level English Course -Refresher training on Legal
    • - Family Rights and - 40 days Principles of Human - IDLO Rights - issues -Office Management and Risk Management Methods and -3 days techniques of Public -NRC awareness Availability of required policy documents and Reference Books: (i) (ii) Library with required books: Library is available but lacks most of the required books, articles, journals and policy related guidelines 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 GHORIAN: 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 district level; Assessment Findings: The below tables shows the existing and required capacity of the IT and other equipment with required specifications: Electronics and IT Equipment Existing Capacity 0 Required Capacity 1 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 Item Desktop 25 | P a g e Recommended Specification Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duo LCD Screen 17 inch
    • Communication Means Item Existing Capacity Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices 0 0 0 0 1 3 No Landline Coverage 1 Recommended Specification Required Capacity 2G Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Existing Item Capacity 2 Office Chairs Poor Required Capacity 2 Poor 2 Wooden Condition Specification of Required Items Wooden Office Desks 2 White Boards 0 1 Ordinary Green Boards 0 1 Ordinary (100*60 cm) Documents-Shelves/Cabinets 1 Good 1 Metal Chairs for Clients/ Guests 3 Poor 8 Bench-wooden Office Rooms 1 1 4*6 meters Bathrooms 0 1 3*2 meters, modern system 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 Good, DoJ property Public electricity is not available, solar system is recommended as the best Electrical Power Supply 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 Department of Justice at the District Level: (i) There are a total of 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 (iii) There were no absentees 26 | P a g e
    • Title Age and Gender Qualification Experience Legal Manager 45 Y M 12th grade passed 16Years Technical officer 32 Y M 14th grade passed 7 Years Cleaner/Guard 55 Y M No 9 Years Proficiency -Proficient in Dari and Pashtu -Computer Literate (Basics) -Basic English literacy -Proficient in Dari and Pashtu -Basic computer literacy - Basic English literacy - 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 DoJ office at district level (Huquq office). Basic Information Management Information System: No of Cases received since 2010 Case categories Cases resolved by District DoJ since 2010 Cases referred out since 2010 Manual system-no computerized MIS available 814 cases - Family issues - Loans/ Debts cases - Property/Land issues 190 cases completely resolved by the district DoJ office 130 cases are referred out to the court and the remaining 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 Reg. No-2-12 Reg.No-12-143 Reg.No-14-180 Loan/Debt Loan/Debt Family 12-1-1392 1-5-1390 30-11-1391 Case went through the following steps Through district DoJ office Through district DoJ office Through district DoJ office Case follow up and end date 24-1-1392 13-5-1390 4-7-1391 Training Needs Assessment: Trainings Received - Duration Provider Constitutional law, 15 days criminal law, business law, structure and authority of attorney 27 | P a g e and Impact of Training - Improvement in efficiency and effectiveness of work Required Trainings -IT (office) -Internet packages -Mid level English Course -Refresher training on Legal
    • general courtsoffices - and issues -Office Management and Risk Management Civil law, human -15 days rights and inheritance law All these trainings are provided by IDLO Availability of required policy documents and Reference Books: (i) (ii) Library with required books: Available but does not have sufficient and required books 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 ZINDAJAN: 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 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 0 Required Capacity 1 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 Item Desktop 28 | P a g e Existing Capacity Recommended Specification Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duoLCD Screen 17 inch
    • Communication Means Item Existing Capacity 0 0 0 0 1 3 No Landline Coverage 1 Recommended Specification Required Capacity Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices 2G Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Office Chairs Existing Capacity 1 Good Required Capacity 1 Office Desks 1 Poor 2 Wooden White Boards 0 1 Ordinary Green Boards 0 1 Ordinary (100*60 cm) Documents-Shelves/Cabinets 1 1 Metal Chairs for Clients/ Guests 4 10 Bench-wooden 2 6*4 meters 1 2*3 modern system is required Item Condition Poor Single room but not owned Office Rooms Not owned Bathrooms Specification of Required Items Wooden 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 Public electricity is not available, solar system is recommended as the best Electrical Power Supply 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 Department of Justice at the District Level: (i) (ii) 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 All of the three staff members are permanent employees of the government Title 29 | P a g e Age and Gender Qualification Experience Proficiency
    • Legal Manager 27 Y M BA Faculty of Sharia (Islamic Law) HeratUniversity Technical officer Cleaner/Guard 55 Y M Primary education 2 Years -Proficient in Dari and 50% Pashtu and 90% Arabic -Computer Literate (Basics) -Basic English literacy Position Vacant 12 Years - Efficient in his work 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 DoJ office at district level (Huquq office). Basic Information Management Information System: No of Cases received since 2010 Case categories Cases resolved by District DoJ since 2010 Cases referred out since 2010 Manual system-no computerized MIS available 136 cases - Family issues - Loans/ Debts cases - Property/Land issues 57 cases completely resolved 24 cases are referred out to the court and the remaining cases are pending within the district Huquq office Random selection of cases managed/ Document review Case ID Case type Case initiation date Reg. No-4-10 Reg.No-7-6 Reg.No-8-20 Debt/Loan Property/ Land Loan/Debt 18-1-1389 18-4-1390 20-2-1392 Case went through the following steps Through district DoJ office Through district DoJ office Through district DoJ office Case follow up and end date 29-2-1389 26-4-1390 5-4-1392 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. 30 | P a g e
    • Training Need Assessment: Trainings Received - - Duration Provider Good Governance, -2 week constitution law and office management and Impact of Training - Improvement in efficiency and effectiveness of work Civil law, human -Two week rights and inheritance rights All these trainings are provided by IDLO and National Youth NGO Required Trainings -IT (office) -Internet packages -Mid level English Course -Refresher training on Legal issues -Office Management and Risk Management Availability of required policy documents and Reference Books: (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: 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 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 0 Required Capacity 1 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 Item Desktop 31 | P a g e Existing Capacity Recommended Specification Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duo LCD Screen 17 inch
    • 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 Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices 0 0 0 0 1 3 No Landline Coverage 1 Recommended Specification Required Capacity 2G Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Existing Item Capacity 0 Office Chairs Condition Poor Required Capacity 2 Specification of Required Items Wooden Office Desks 1 White Boards 0 1 Ordinary Green Boards 0 1 Ordinary (100*60 cm) Documents-Shelves/Cabinets 1 2 Metal Chairs for Clients/ Guests 0 8 Bench-wooden Office Rooms 1 2 4*6 meters Bathrooms 0 1 3*2 meters 1 At least 4*6 meters Poor Good but rented Not available Dining / Meeting Room 2 Wooden Waiting Area Not existed 1 4*4 meters Fire and protection System Not in place 1 As applicable Public electricity is not available, solar system is recommended as the best Electrical Power Supply 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. 32 | P a g e
    • Staffing details of the Department of Justice at the District Level: (i) (ii) (iii) There are a total of three staff members working at the DoJ at the district level (given in the table below) All of the three staff members are permanent employees of the government There were no absentees Title Age and Gender Qualification Experience th Legal Manager 57 Y M 12 grade passed 24Years Technical officer 55 Y M 12th grade passed 20 Years Cleaner/Guard 55 Y M Primary education 5 Years Proficiency -Proficient in Dari and Pashtu -Computer Literate (Basics) -Basic English literacy -Proficient in Dari and Pashtu -Basic computer literacy - Basic English literacy - 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 (Huquq office). Basic Information Management Information System: No of Cases received since 2010 Case categories Cases resolved by District DoJ since 2010 Cases referred out since 2010 Manual system-no computerized MIS available 269cases - Family issues - Loans/ Debts cases - Property/Land issues 56 cases completely resolved by the district DoJ office 17cases are referred out to the court and the remaining cases are pending within the district Huquq office Random selection of cases managed/ Document review Case ID Case type Case initiation date Reg. No-12-21 Reg.No-5-24 Reg.No-10-8 Family Loan/Debt Loan/Debt 2-6-1392 15-1-1391 2-2-1392 33 | P a g e Case went through the following steps Through district DoJ office Through district DoJ office Through district DoJ office Case follow up and end date 4-6-1392 12-2-1391 14-2-1392
    • 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. Training Need Assessment: Trainings Received - - Duration Provider Constitutional law, 21 days business law, principles of criminal law and authority of attorneys and Impact of Training - Improvement in efficiency and effectiveness of work Civil law, human -Two weeks rights and inheritance law, labor law All above trainings are provided by IDLO -All legal Huquq contents of -Three NRC Days Required Trainings -IT (office) -Internet packages -Mid level English Course -Refresher training on Legal issues -Office Management and Risk Management by Availability of required policy documents and Reference Books: (i) (ii) Library with required books: not available 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 KESHK: 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; 34 | P a g e
    • Assessment Findings:The below tables show the existing and required capacity of the IT and other equipment with required specifications: Electronics and IT Equipment 0 Required Capacity 1 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 Item Existing Capacity Desktop Recommended Specification Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duoLCD Screen 17 inch Communication Means Item Existing Capacity Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices 0 0 0 0 1 3 No Landline Coverage 1 Recommended Specification Required Capacity 2G Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Office Chairs Existing Capacity 1 Good Required Capacity 1 Office Desks 2 Poor 2 Wooden White Boards 1 0 Ordinary Green Boards 0 1 Ordinary (100*60 cm) Documents-Shelves/Cabinets 1 1 Metal Chairs for Clients/ Guests 5 6 Bench-wooden Item 35 | P a g e Condition Poor Specification of Required Items Wooden
    • Single and district Office Rooms 2 6*4 meters administration‟s property Bathrooms Single and shared with other departments 3*2 meters Dining / Meeting Room Not available 1 At least 4*6 meters Waiting Area Enough but shared 1 4*4 meters Fire and protection System Not in place 1 As applicable Public electricity is not available, solar system is recommended as the best Electrical Power Supply 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 Department of Justice at the District Level: (i) (ii) (iii) There are a total of three staff members working at the DoJ office at the district level (given in the table below) All of the three staff members are permanent employees of the government There were no absentees Title Age and Gender Qualification Experience Legal Manager 57 Y M BA Sharia Kabul University Technical officer 55 Y M 12th grade passed 8 Years Cleaner/Guard 55 Y M No 7 Years 22Years Proficiency -Proficient in Dari and Pashtu, Arabic -Computer Literate (Basics) -Basic English literacy -Proficient in Dari -Basic computer literacy - Basic English literacy - 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 DoJ office at district level (Huquq office). Basic Information Management Information System: No of Cases received since 2010 Case categories 36 | P a g e Manual system-no computerized MIS available 326 cases - Family issues - Loans/ Debts cases
    • Cases resolved by District DoJ since 2010 Cases referred out since 2010 - Property/Land issues 44 cases completely resolved by the district DoJ office 65 cases are referred out to the court and the remaining cases are pending within the district Huquq office Random selection of cases managed/ Document review Case ID Case type Case initiation date Reg. No-4-10 Reg.No-19-51 Reg.No-3-21 Debt/Loan Loan/Debt Loan/Debt 18-1-1389 22-6-1390 6-2-1391 Case went through the following steps Through district DoJ office Through district DoJ office Through district DoJ office Case follow up and end date 29-2-1389 30-6-1390 6-3-1391 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. Training Needs Assessment: Trainings Received Required Trainings - -IT (office) -Internet packages -Mid level English Course -Refresher training on Legal issues -Office Management and Risk Management - - Duration and Impact of Training Provider Business law and One week by - Improvement in business rights, USAID efficiency and effectiveness of Civil law, human One month by work rights, child rights, IDLO inheritance and labor laws Office administration Three days by and technical Provincial DoJ overview of their office working procedures Availability of required policy documents and Reference Books: (i) (ii) Library with required books: Not available Policy Documents and regular updating: Policy documents available, but staffs do not have access to updated information and documents about these policies and strategies. 37 | P a g e
    • DISTRICT KESHK KOHNA: 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; Assessment Findings:The below tables show the existing and required capacity of the IT and other equipment with required specifications: Electronics and IT Equipment 0 Required Capacity 1 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 Item Existing Capacity Desktop Recommended Specification Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duoLCD Screen 17 inch Communication Means Item Existing Capacity Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices 0 0 0 0 1 3 No Landline Coverage 1 Recommended Specification Required Capacity 2G Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Item Office Chairs 38 | P a g e Existing Capacity 0 Condition Required Capacity 2 Specification of Required Items Wooden
    • Office Desks 0 2 Wooden White Boards 0 1 Ordinary Green Boards 0 1 Ordinary (100*60 cm) Documents-Shelves/Cabinets 0 2 Metal Chairs for Clients/ Guests 0 8 Bench-wooden 2 Own setup is required Ordinary One room and is the property Office Rooms of the district office Bathrooms Single and shared with other departments New bathroom is required 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 Public electricity is not available, solar system is recommended as the best Electrical Power Supply 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 Department of Justice at the District Level: (i) (ii) (iii) There are a total of three staff members working at the DoJ office at the district level (given in the table below) All of the three staff members are permanent employees of the government There were no absentees Title Age and Gender Qualification Experience Legal Manager 30 Y M 14thFiqa and Law 2 Years Technical officer 48 Y M 12th grade passed 9 Years Cleaner/Guard 35 Y M No 4 Years Proficiency -Proficient in Dari -Computer Literate (Basics) -Basic English literacy -Proficient in Dari -Basic computer literacy - Basic English literacy - 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 (Huquq office). 39 | P a g e
    • Basic Information Management Information System: No of Cases received since 2010 Case categories Cases resolved by District DoJ since 2010 Cases referred out since 2010 Manual system-no computerized MIS available 126 cases - Family issues - Loans/ Debts cases - Property/Land issues 15 cases completely resolved by the district DoJ office 25 cases are referred out to the court and the remaining cases are pending within the district Huquq office Random selection of cases managed/ Document review Case ID Case type Case initiation date Reg. No-5-10 Reg.No-37-28 Reg.No-24-7 Property issue Property issue Loan/Debt 1-7-1389 16-9-1391 24-4-1392 Case went through the following steps Through district DoJ office Through district DoJ office Through district DoJ office Case follow up and end date 1-5-1389 19-9-1391 30-4-1392 Training Need Assessment: Trainings Received Duration and Impact of Training Provider -Civil law, human rights 13 days by IDLO - Improvement in and principles of court efficiency and decisions effectiveness of work Required Trainings -IT (office) -Internet packages -Mid level English Course -Refresher training on Legal issues -Office Management and Risk Management Availability of required policy documents and Reference Books: (i) (ii) Library with required books: not available 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 ADRASKAN: 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; 40 | P a g e
    • Assessment Findings:The below tables show the existing and required capacity of the IT and other equipment with required specifications: Electronics and IT Equipment 0 Required Capacity 1 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 Item Existing Capacity Desktop Recommended Specification Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duo LCD Screen 17 inch Communication Means Item Existing Capacity Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices 0 0 0 0 1 3 No Landline Coverage 1 Recommended Specification Required Capacity 2G Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Office Chairs Existing Capacity 0 Office Desks 1 White Boards Item Condition Specification of Required Items Wooden 2 Wooden 0 1 Ordinary Green Boards 0 1 Ordinary (100*60 cm) Documents-Shelves/Cabinets 0 2 Metal Chairs for Clients/ Guests 10 4 Bench-wooden 41 | P a g e Poor Required Capacity 2 4 Poor
    • One single room, in good 2 Own setup is required. The condition and is provided by already existing set up is joint district administration Office Rooms with the Court Bathrooms Single and shared with other departments Individual bathroom is required 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 Public electricity is not available, solar system is recommended as the best Electrical Power Supply 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 Department of Justice at the District Level: (i) (ii) 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 The available two staff members are permanent employees of the government Title Acting Huquq Manager/ Technical officer Cleaner/Guard Age and Gender 32 Y M 45 Y M Qualification Experience 12th Passed and currently enrolled student in Law No 11Years 11 Years Proficiency -Proficient in Dari and Pashtu -Computer Literate (Basics) -Basic English literacy - 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 DoJ office at district level (Huquq office). Basic Information Management Information System: No of Cases received since 2010 Case categories Cases resolved by District DoJ since 2010 42 | P a g e Manual system-no computerized MIS available 401 cases - Family issues - Loans/ Debts cases - Property/Land issues 97 cases completely resolved by the district DoJ office
    • 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 Random selection of cases managed by the district DoJ office/ Document review Case ID Case type Case initiation date Reg. No-11-97 Reg.No-1-84 Reg.No-1-43 Debt/Loan Family issue Property issue 17-5-1389 23-7-1391 27-3-1392 Case went through the following steps Through district DoJ office Through district DoJ office Through district DoJ office Case follow up and end date 17-5-1389 25-7-1391 3-4-1392 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. Training Need Assessment: Trainings Received Duration and Impact of Training Provider Civil law, human One month by - Improvement in rights, criminal law IDLO efficiency and and principles of court effectiveness of decisions work Required Trainings - -IT (office) -Internet packages -Mid level English Course -Refresher training on Legal issues -Office Management and Risk Management Availability of required policy documents and Reference Books: (i) (ii) Library with required books: Available with no separate room and required books Policy Documents and regular updating: Policy documents available, but staff do not have access to updated information and documents about these policies and strategies. 43 | P a g e
    • DISTRICT SHINDAND: 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; Assessment Findings:The below tables show the existing and required capacity of the IT and other equipment with required specifications: Electronics and IT Equipment 0 Required Capacity 1 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 Item Existing Capacity Desktop Recommended Specification Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duoLCD Screen 17 inch Communication Means Item Existing Capacity Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices 0 0 0 0 1 3 No Landline Coverage 1 Recommended Specification Required Capacity 2G Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Item Office Chairs 44 | P a g e Existing Capacity 0 Condition Required Capacity 2 Specification of Required Items Wooden
    • Office Desks 1 White Boards Poor 2 Wooden 0 1 Ordinary Green Boards 0 2 Ordinary (100*60 cm) Documents-Shelves/Cabinets 1 Poor 2 Metal Chairs for Clients/ Guests 4 Poor 10 Bench-wooden 2 Own setup is required 1 2*3 meter Single, belongs to district Office Rooms administration Single, bad condition, shared Bathrooms with other departments Dining / Meeting Room Not available 1 At least 4*6 meters Waiting Area Not existing 1 4*4 meters Fire and protection System Not in place 1 As applicable Public electricity is not available, solar system is recommended as the best Electrical Power Supply 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 Department of Justice at the District Level: (i) (ii) (iii) There are a total of three staff members working at the DoJ office at the district level (given in the table below) All of the three staff members are permanent employees of the government There were no absentees Title Age and Gender Qualification Experience Legal Manager 62 Y M 12th grade Unknown Technical officer 50 Y M 12th grade passed 23 Years Cleaner/Guard 55 Y M No 20 Years Proficiency -Proficient in Dari and Pashtu, Russian -Computer Literate (Basics) -Basic English literacy -Proficient in Dari -Basic computer literacy - Basic English literacy - 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 DoJ office at district level (Huquq office). 45 | P a g e
    • Basic Information Management Information System: Source and stage the cases are received by the District DoJ No of Cases received since 2010 Case categories Cases resolved by District DoJ since 2010 Cases referred out since 2010 Manual system-no computerized MIS available The cases are appealing directly through a request letter 1057 cases - Property/Land issues (increased number) - Loans/ Debts cases - Family issues 345 cases completely resolved by the district DoJ office 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 Random selection of cases managed by the district DoJ office/ Document review Case ID Case type Case initiation date Reg. No-3-17 Reg.No-15-122 Reg.No-11-78 Family issue Property issue Loan/Debt 22-1-1392 16-4-1392 26-3-1392 Case went through the following steps Through district DoJ office Through district DoJ office Through district DoJ office Case follow up and end date 23-1-1392 20-4-1392 10-4-1392 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. Training Need Assessment: Trainings Received Duration and Impact of Training Provider Orientation and 15 days in Kabul - Improvement in introduction of the by IDLO efficiency and structure, authorities effectiveness of and responsibilities of work primary courts, provincial courts, Required Trainings - -IT (office) -Internet packages -Mid level English Course -Refresher training on Legal issues -Office Management and 46 | P a g e
    • supreme courts, Attorney General Offices, legal departments, police departments, MoJ policies and strategies Risk Management Availability of required policy documents and Reference Books: (i) (ii) Library with required books: Available but lack its own furniture, space and required books 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 OBEH: 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; Assessment Findings:The below tables show the existing and required capacity of the IT and other equipment with required specifications: Electronics and IT Equipment 0 Required Capacity 1 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 Item Existing Capacity Desktop Recommended Specification Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duoLCD Screen 17 inch Communication Means Item Cellphone + SIM CARD 47 | P a g e Existing Capacity Required Capacity 0 1 Recommended Specification
    • Intercom Landline Internet System Using External 3G Devices 0 0 0 3 No Landline Coverage 1 2G Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Office Chairs Existing Capacity 0 Poor Required Capacity 2 Office Desks 2 Poor 2 Wooden White Boards 0 Ordinary 1 Ordinary Green Boards 0 1 Ordinary (100*60 cm) Documents-Shelves/Cabinets 1 1 Metal Chairs for Clients/ Guests 3 Poor 7 Bench-wooden 2 Good Item Office Rooms Condition Good Specification of Required Items Wooden Own setup is required. The already existing set up was shared with the court Single (simple) toilet shared Bathrooms 1 2*3 meter requirements with other departments Dining / Meeting Room 1 0 Waiting Area 1 1 Shared with other departments 1 As applicable Fire and protection System Not in place Public electricity is not available, solar system is recommended as the best Electrical Power Supply 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 Department of Justice at the District Level: (i) (ii) (iii) There are a total of three staff members working at the district Huquq office (given in the table below) All of the three staff members are permanent employees of the government There were no absentees Title Age and Gender Qualification Experience Proficiency Legal Manager 28 Y M BA Sharia 2Years -Proficient in Dari and Arabic -Computer Literate (Basics) 48 | P a g e
    • Technical officer 27 Y M 12th grade passed 2 Years Cleaner/Guard 32 Y M No 3 Years -Basic English literacy -Proficient in Dari and Pashtu -Basic computer literacy - Basic English literacy - 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 (Huquq office). Basic Information Management Information System: No of Cases received since 2010 Case categories Cases resolved by District DoJ since 2010 Cases referred out since 2010 Manual system-no computerized MIS available 914 cases - Family issues - Loans/ Debts cases - Property/Land issues 50 cases completely resolved by the district DoJ office 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 Case ID Case type Case initiation date Reg. No-12-75 Reg.No-1-116-19 Reg.No-1-116 Property issue Loan/Debt Family 17-3-1390 1-5-1391 13-5-1392 Case went through the following steps Through district DoJ office Through district DoJ office Through district DoJ office Case follow up and end date 27-4-1390 19-5-1391 7-6-1392 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. 49 | 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. Training Needs Assessment: Trainings Received - Duration Provider The legal manager NA was newly hired and did not receive any training so far and Impact of Training -The training if provided will bring more effectiveness in the work of Huquq officials Required Trainings -IT (office) -Internet packages -Mid level English Course -Comprehensive trainings on policies of MoJ and all legal issues -Office Management and Risk Management Availability of required policy documents and Reference Books: (i) (ii) Library with required books: Not available but promised by the Justice department to be established soon Policy Documents and regular updating: Policy documents not available DISTRICT GULRAN: 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; 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 Desktop Digital Camera 50 | P a g e 0 Required Capacity 1 0 1 Existing Capacity Recommended Specification Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duo LCD Screen 17 inch >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 0 0 0 0 1 3 No Landline Coverage 1 Recommended Specification Required Capacity Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices 2G Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Office Chairs Existing Capacity 0 Office Desks 1 Poor 2 Wooden White Boards 0 Ordinary 1 Ordinary Green Boards 0 1 Ordinary (100*60 cm) Documents-Shelves/Cabinets 0 2 Metal 10 Bench-wooden 2 Own setup is required. The Item Chairs for Clients/ Guests Condition 1 Poor One single room and Office Rooms Required Capacity 2 property of District office Specification of Required Items Wooden already existing set up is joint with the court Bathrooms Single and shared with other departments, 2*3 meters an additional modern bathroom is required 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 available, 51 | 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 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 Department of Justice at the District Level: (i) (ii) (iii) There are a total of three staff members working at the DoJ office (Huquq office) at the district level (given in the table below) All of the three staff members are permanent employees of the government There were no absentees Title Age and Gender Qualification Experience Legal Manager 27 Y M BA Journalism One Year Technical officer 30 Y M BA Islamic Education One Year Cleaner/Guard 55 Y M No 10 Years Proficiency -Proficient in Dariand English -Computer Literate (Basics) -Proficient in Dari and Arabic -Basic computer literacy - Basic English literacy - 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 (Huquq office). Basic Information Management Information System: No of Cases received since 2010 Case categories Cases resolved by District DoJ since 2010 Cases referred out since 2010 Manual system-no computerized MIS available 319 cases - Mostly Property/Land related issues - Loans - Family issues 30 cases completely resolved by the district DoJ office 155 cases are referred out to the court, 13 cases to the provincial DoJ and 121 cases are pending within the district Huquq office Random selection of cases managed/ Document review Case ID 52 | P a g e Case type Case initiation date Case went through the Case follow up
    • Reg. No-1-12 Reg.No-5-19 Reg.No-4-27 Loan Property issue Family following steps Through district DoJ office Through district DoJ office Through district DoJ office 1-1-1389 5-10-1390 6-6-1391 and end date 19-1-1389 11-11-1390 20-6-1391 Training Need Assessment: Trainings Received - Duration Provider The Huquq Manager NA is newly hired and did not receive any training so far and Impact of Training -The training if provided will bring more effectiveness in the work of Huquq officials Required Trainings -IT (office) -Internet packages -Mid level English Course -Comprehensive trainings on policies of MoJ and all legal issues -Office Management and Risk Management Availability of required policy documents and Reference Books: (i) (ii) Library with required books: Not available Policy Documents and regular updating: Policy documents not available DISTRICT CHASHTE-SHARIF: 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; Assessment Findings: The below tables show the existing and required capacity of the IT and other equipment with required specifications: Electronics and IT Equipment 0 Required Capacity 1 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 Item Desktop 53 | P a g e Existing Capacity Recommended Specification Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duo LCD Screen 17 inch
    • 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 Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices 0 0 0 0 1 3 No Landline Coverage 1 Recommended Specification Required Capacity 2G Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Office Chairs Existing Capacity 0 Poor Required Capacity 2 Office Desks 1 Poor 2 Wooden White Boards 0 Ordinary 1 Ordinary Green Boards 0 1 Ordinary (100*60 cm) Documents-Shelves/Cabinets 0 2 Metal Chairs for Clients/ Guests 0 10 Bench-wooden 2 4*6 meters two new own rooms Item Office Rooms Bathrooms Condition Poor Single room provided by the Specification of Required Items Wooden district administration are required Single and shared with other departments The 2*3 M new bathroom is required 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 Public electricity is not available, solar system is recommended as the best Electrical Power Supply 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. 54 | P a g e
    • Staffing details of the Department of Justice at the District Level: (i) (ii) (iii) There are a total of three staff members working at the district DoJ office (given in the table below) All of the them are permanent employees of the government There were no absentees Title Age and Gender Qualification Experience Legal Manager 22 Y M 14th grade 2 Years Technical officer 23 Y M 12th grade passed 2 Years Cleaner/Guard 55 Y M No 11 Years Proficiency -Proficient in Dari -Computer Literate (Basics) -Basic English literacy, Pashtu and Arabic -Proficient in Dari -Basic computer literacy - Basic English literacy - 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 (Huquq office). Basic Information Management Information System: Source and stage the cases are received by the District DoJ No of Cases received since 2010 Case categories Cases resolved by District DoJ since 2010 Cases referred out since 2010 Manual system-no computerized MIS available The cases are appealing directly through a request letter 431 cases - Property/Land issues - Loans/ Debts cases - Family issues 76 cases completely resolved by the district DoJ office 54 cases are referred out to the court, 4 cases to other departments and the remaining 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 Reg. No-1-9 Loan 2-1-1392 55 | P a g e Case went through the following steps Through district DoJ office Case follow up and end date 30-1-1392
    • Reg.No-3-20 Reg.No-10-211 Property issue Family 11-10-1390 9-9-1391 Through district DoJ office Through district DoJ office 18-10-1390 14-9-1391 Training Need Assessment: Trainings Received - Duration Provider Civil law and civil 15 days rights, human rights IDLO and Impact of Training in by - Improvement in efficiency and effectiveness of work Required Trainings -IT (office) -Internet packages -Mid level English Course -Comprehensive packages on Legal issues -Office Management and Risk Management Availability of required policy documents and Reference Books: (i) (ii) Library with required books: Available but lack its own furniture, space and required books 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 PASHTUN ZARGHOON: 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; Assessment Findings: The below tables show the existing and required capacity of the IT and other equipment with required specifications: Electronics and IT Equipment 0 Required Capacity 1 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 Item Desktop 56 | P a g e Existing Capacity Recommended Specification Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duoLCD Screen 17 inch
    • Scanner 0 1 Scanner Security Camera 0 1 1080p Outdoor IP Security Dome Camera UPS 0 1 > 1KW Communication Means Item Existing Capacity Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices 0 0 0 0 1 3 No Landline Coverage 1 Recommended Specification Required Capacity 2G Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Office Chairs Existing Capacity 0 Office Desks 2 Poor 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 0 10 Bench-wooden 2 Own setup is required Item Office Rooms Bathrooms Condition Poor Single room provided by Required Capacity 2 district administration Single and shared with other Specification of Required Items Wooden 4*6 M two rooms 1 Traditional type departments 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 Public electricity is not available, solar system is recommended as the best Electrical Power Supply 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. 57 | P a g e
    • Staffing details of the Department of Justice at the District Level: (i) (ii) (iii) There are a total of three staff members working at the DoJ at the district level (given in the table below) All of the three staff members are permanent employees of the government There were no absentees Title Age and Gender Qualification Experience th Legal Manager 58 Y M 12 grade passed 7 Years Technical officer 38 Y M 12th grade passed 11 Years Cleaner/Guard 30 Y M Primary One Year Proficiency -Proficient in Dari -Computer Literate (Basics) -Basic English literacy and Pashtu -Proficient in Dari -Basic computer literacy - Basic English literacy - 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 (Huquq office). Basic Information Management Information System: Source and stage the cases are received by the District DoJ No of Cases received since 2010 Case categories Cases resolved by District DoJ since 2010 Cases referred out since 2010 Manual system-no computerized MIS available The cases are appealing directly through a request letter 861 cases - Property/Land issues - Loans/ Debts cases - Family issues 235 cases completely resolved by the district DoJ office 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 Random selection of cases managed/ Document review Case ID Case type Case initiation date Reg. No-20-163 Loan 6-7-1389 58 | P a g e Case went through the following steps Through district DoJ office Case follow up and end date 20-7-1389
    • Reg.No-22-5 Reg.No-18-113 Property issue Loan 29-12-1391 1-5-1392 Through district DoJ office Through district DoJ office 10-2-1392 29-5-1392 Training Need Assessment: Trainings Received Required Trainings - -IT (office) -Internet packages -Mid level English Course -Comprehensive packages on Legal issues -Office Management and Risk Management -Dispute resolution - Duration and Impact of Training Provider Civil law and civil 30 days in Kabul - Improvement in rights, human rights by IDLO efficiency and effectiveness of Orientation and One week by work introduction to line IDLO departments, MoJ and courts - Business Law Two days by IDLO - Basic and management office 30 days by IDLO in Herat Availability of required policy documents and Reference Books: (i) (ii) Library with required books: Available but lack its own furniture, space and required books 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 FARSI: 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; Assessment Findings:The below tables show the existing and required capacity of the IT and other equipment with required specifications: Electronics and IT Equipment 0 Required Capacity 1 Digital Camera 0 1 >10 mega pixel External 3G Devices 0 1 2 G Device External Hard Disk 0 1 500 GB Item Desktop 59 | P a g e Existing Capacity Recommended Specification Processor 2.6. Ram 3GB. Hard Disk 250GB. CPU Core 2 duo LCD Screen 17 inch
    • 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 0 0 0 0 1 3 No Landline Coverage 1 Recommended Specification Required Capacity Cellphone + SIM CARD Intercom Landline Internet System Using External 3G Devices 2G Sub-objective 1.2: To assess the actual status of office space, furniture and electric 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 availability of electricity with required specifications: Furniture and Office Space/ Set up Office Chairs Existing Capacity 0 Office Desks 0 Poor 2 Wooden White Boards 1 Ordinary 1 Ordinary Green Boards 0 1 Ordinary (100*60 cm) Documents-Shelves/Cabinets 0 2 Metal Chairs for Clients/ Guests 2 10 Bench-wooden 2 Own setup is required Item Condition Poor Single room, in bad Office Rooms Required Capacity 2 Specification of Required Items Wooden condition,provided by district administration Bathrooms Single and shared with other departments New single bathroom of 2*3 M required 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 Public electricity is not available, solar system is recommended as the best Electrical Power Supply option Required Capacity: 3*150 KW plates + 3 * 150 KW Batteries and one 5 KW UPS 60 | P a g e
    • 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 Department of Justice at the District Level: 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 Qualification Experience Proficiency Legal Manager 40 Y M 12th grade passed 13 Years -Proficient in Dari -Computer Literate (Basics) -Basic English literacy and Pashtu Cleaner/Guard 45 Y M Position vacant 5 Year No - 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 (Huquq office). Basic Information Management Information System: No of Cases received since 2010 Case categories Cases resolved by District DoJ since 2010 Cases referred out since 2010 Manual system-no computerized MIS available 329 cases - Property/Land issues - Loans/ Debts cases - Family issues 120 cases completely resolved by the district DoJ office 50 cases are referred out to the court and the remaining 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 Reg. No-13 Reg.No-14 Reg.No-10 Property issue Family Loan 3-3-1389 30-6-1390 6-4-1391 61 | P a g e Case went through the following steps Through district DoJ office Through district DoJ office Through district DoJ office Case follow up and end date 9-6-1391 23-7-1390 9-6-1391
    • Training Need Assessment: Trainings Received Required Trainings - -IT (office) -Internet packages -Mid level English Course -Comprehensive packages on Legal issues -Office Management and Risk Management -Dispute resolution - Duration and Impact of Training Provider Civil law and civil 15 days by IDLO - Improvement in rights, human rights efficiency and effectiveness of Basic and office work management Availability of required policy documents and Reference Books: (i) (ii) Library with required books: Not available Policy Documents and regular updating: Not available 62 | P a g e
    • 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 District Injil - Availability of Public electricity - Availability of Library - Very closed to Herat city District Kurukh - Good working space and set up - Closed to Herat city 63 | P a g e Problems/weaknesses/threats - Single room space, provided by district administration - Space provided by district administration No electricity
    • District Guzara - Two room space with good set up - DoJ owned infrastructure - Availability of Public electricity - Closed to Herat city District Ghorian - Office space is of DoJ property - Availability of Library District Zindajan - Relatively closed to Herat city - Single room space No electricity - Single room space, provided by district administration No library and required books No electricity The technical officer position is vacant - Single room space, rented in a market No electricity No library - Single room space, provided by district administration No Library No electricity District Kohsan District Keshk District Keshk-e-Kohna District Adraskan - Office room is in good condition - Library available - Single room space, provided by district administration High insecurity No library No electricity Single room space, provided by district 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 District Obeh - Enough work space but shared 64 | P a g e - Single room space, provided by district administration No Library No electricity Insecurity Over populated district and insufficient DoJ staff - Two room space, shared with court
    • District Gulran - Availability of Public electricity - No Library No electricity Insecurity Lack of coordination with local community networks Staff did not receive any trainings Single room space, provided by district administration No library High insecurity Staff did not receive any trainings District Chasht-e-Sharif - The existence of local civil society organizations to support legal issues in terms of awareness raising District Pashtun Zarghoon - Availability of Library - The existence of local civil society organizations to support legal issues in terms of awareness raising District Farsi - 65 | P a g e Single room space, provided by district administration No electricity No library High insecurity Over populated district and insufficient DoJ staff Single room space, provided by district administration No electricity High insecurity Single room space, provided by district administration(bad conditioned) No electricity No library The technical officer position is vacant High insecurity
    • 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. 66 | P a g e
    •  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. 67 | P a g e
    • 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. 68 | P a g e
    • 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. 69 | P a g e
    • 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. 70 | P a g e
    •  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: 71 | P a g e
    •  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. 72 | P a g e
    • 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 73 | P a g e
    • 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 74 | 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: ___________________ 75 | P a g e
    • 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 available in all DoJ offices at district level; IT Equipment Existing capacity Quantity Condition Required Capacity Quantity No Notes/Explanation Existing capacity Quantity Condition Required Capacity Quantity No Notes/Explanation Desktop Laptop Flash Drive External Hard Desk Others, Please specify: Office Equipment 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 Desktop Laptop Instant Messenger WI-Fi Connection Cable Connection External 3G Devices 76 | P a g e Existing capacity Quantity Condition Required Capacity Quantity No Notes/Explanation
    • Communication Means Existing capacity Yes-no Condition Required Capacity Yes No Notes/Explanation 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 Existing capacity Required Capacity Notes/Explanation Funrniture 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 WorkspaceOffice Desks for DoJ staff Comfortable & supportive office chairs for DoJ staff Additional Chairs for clients/ Guests Good lighting and 77 | P a g e
    • Ventilation Adequate storage space for office documentsShelves/ Cabinets White Boards Green Boards Have you performed an office safety check? Please explain the Hard data security mechanism: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Qualitative Analysis of the findings for Objective 1.2: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ________________________________________________________________________________ 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 Public Solar Type of Electric power supply? 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 78 | P a g e
    • permanent wiring? Qualitative Analysis of the findings for Objective 1.3: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ________________________________________________________________________________ Security and Safety Measure in the Work Environement: Security Existing capacity Yes No Required Capacity Yes No Notes/Explanation Fire and protection wall Antivirus Policies, SOPs available? Other safety and security Measure: Work Environment Safety Yes No Unsure Notes/Explanation 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 Bookcases and shelves not overloaded Heavy storage shelves secured to wall File drawers closed when not in use 79 | P a g e
    • 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? 80 | P a g e
    • 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 81 | 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: ______________________ Interview completed? Yes _______________ No_______________ Checked by Supervisor/ Team Leader: ____________________ Date: ___ ___ / ___ ___ / ___ ___ DD/MM/YY Initials: ___________________ 82 | P a g e
    • 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 83 | P a g e
    • 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 Role/position Qualification Gender Experience Proficiency 1 2 3 4 5 Explanatory Notes: (i) (ii) (iii) (iv) (v) (vi) 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. Age and Gender should be marked as 30 M-F 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 Experience: Years working in the same field (Justice system) within the Government set up. His/her non-governmental experience shall be written in remarks. Proficiency: Including IT skills, Language skills (reading, writing and speaking), analytical skills, communication/interviewing skills 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. 84 | P a g e
    • (vii) Minimum people to be interviewed in each district will be one and maximum two (all should be professional and from the DoJ) Total staff of the DoJ at the district level as per Government structure are three people (viii) 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) (ii) (iii) (iv) Collecting first information and then referring to the upper level judiciary Complete investigation followed by a final decision at the district level Complete investigation followed by referring to the upper level judiciary 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): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 85 | P a g e
    • _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 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 1 86 | P a g e Case initiation Case went through date following steps the Case follow up and end date
    • 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)? Are you aware of any planned/upcoming training? If yes, what will the training be about and who will carry out the training? Is there a manual or handbook/Guideline of the DoJ system at the district level and/or MOJ policies and strategies? Is there a routine review of the policies/ documents? Are you submitting feedback and suggested improvements to the relevant authorities regularly? Are updates routinely made to the policies based on your feedback? Yes No Unsure Yes No Unsure Yes No Unsure Yes No Unsure Yes No Unsure Yes No Comments: 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? _____________________________________________________________________________________ _______________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ______________________________________________________________________________ _____________________________________________________________________________________ _________________________________________________________________________________ 87 | P a g e
    • _____________________________________________________________________________________ _____________________________________________________________________________________ ______________________________________________________________________________ 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. 88 | P a g e