Baseline study at provincial level herat-eng

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  • 1. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page i Embassy of Italy in Afghanistan Baseline Study of Justice Stakeholders Training Needs in Herat Province Funded By: Italian Embassy in Kabul- Development Cooperation Office Baseline Study Final Report Herat Province By AFGHAN MANAGEMENT & MARKETING CONSULTANTS (AMMC) alokozay@ammc.com.af +93 752021262
  • 2. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page ii
  • 3. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page iii ACRONYMS AIHRC Afghanistan Independent Human Rights Commission AMMC Afghan Management & Marketing Consultants ANDS Afghanistan National Development strategy DoE Department of Economy DoJ Department of Justice FGDs Focus Group Discussions IDCO Italian Development Cooperation Office IDLO International Development Law Organization JHRA Justice and Human Rights in Afghanistan (JHRA project) MoWA Ministry of Women Affairs NJSS National Justice Sector Strategy (NJSS) NPP5 National Priority Program Five UNDP United Nations Development Program UNODC United Nations Office on Drugs and Crime USAID United States Agency for International Development WB World Bank
  • 4. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 1 TABLE OF CONTENTS Contents Page Nos. Executive Summary 3 – 6 Literature Review 8 – 15 Introduction 16 – 18 Approach and Methodology 19 – 24 Analysis of Semi-Structure Interviews with Department of Justice Staff 26 – 28 Analysis of Semi-Structure Interviews with Huqooq Department Staff 29 – 32 Analysis of Semi-Structure Interviews with Staff of Department of Juvenile Rehabilitation 33 – 35 Analysis of Semi-Structure Interviews with Legal Aid Department Staff 36 – 39 Analysis of Semi-Structure Interviews with Faculty of Law 40 – 46 Analysis of Semi-Structure Interviews with Faculty of Sharia 47 – 50 Analysis of FGDs with Students of Law and Sharia 51 – 54 Limitations of Survey 55 – 56 Recommendations 57 – 60 Annexure 61 – 82 References 83 – 85
  • 5. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 2 Please note that 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.
  • 6. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 3 EXECUTIVE SUMMARY Since 2001 the Afghanistan government has been taking measures to reform the country‟s justice sector with a view to create a fair, accountable and accessible justice system and ensure the application of the principle of the rule of law. However, there is still a dire need to strengthen the justice system and enhance the capacities of Justice Institutions for moving towards a progressive civil society in Afghanistan. Since 2001, Italy has supported the Government of Afghanistan in its efforts to strengthen rule of law. The Italian government has made a significant contribution to the reform of the justice system in Afghanistan by funding initiatives aiming to consolidate national judicial institutions. In this regard Italy has invested both human and financial resources in training activities for Afghans working within the justice institutions and justice service providers. Furthermore, the Italian Development Cooperation Office (hereinafter referred to as “IDCO”) plans to continue supporting Afghan justice institutions through providing relevant training courses and capacity building activities with a particular focus in Herat. However, prior to launching its capacity building initiatives, IDCO conducted a baseline study of justice institutions and other relevant stakeholders in Herat. The baseline study focused on two beneficiary groups: 1. The Staff of the Provincial Department of the Ministry of Justice of the Province of Herat, including those working within the offices of the Hoqooq Department, Legal Aid and the Juvenile Rehabilitation Centers. 2. This study also focused on professors and students of the Faculties of Law and the Sharia Law Faculty at Herat University. The overall purpose of the study was to provide a reliable baseline information and capacity building assessment of the beneficiary groups before the training activities are conducted. Thus, a detailed approach and methodology was used to carry out the baseline study. A representative sample was drawn from the selected beneficiary groups. Survey tools of semi-structured interviews and Focus Group Discussion were also developed and tested. Staff was hired and trained for holding interviews and focus groups were made with various justice stakeholders to identify what if any training and capacity building needs may be helpful. The field work was carried out in July 2013. There were some limitations met the main one being the refusal of a few respondents in sitting for the interview. Another limitation was the unavailability of some staff. After the completion of the field work data it was put into the database and an analysis was carried out and thus the baseline study report was produced. Based on the findings of the study, specific recommendations have been drawn for IDCO to consider in their future plans.
  • 7. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 4 The first group involved in the study was the Provincial Department of the Ministry of Justice of the Province of Herat (hereinafter referred to as “Department of Justice” or “DoJ”) and its related departments i.e. Huquq, Juvenile Rehabilitation and Legal Aid were surveyed. The staff of DoJ primarily deals with administrative matters related to its justice departments i.e. Huquq, Juvenile Rehabilitations and Legal Aid etc. The Huquq department performs a number of functions1 the most important being the legal disputes of estate, family and loans. The main functions include publicizing legal information as a way to promote public legal awareness, securing the rights of those entitled to properties of individuals infringed by power holders and opportunists during the decades- long war and resultant insecurity in the country, provide restitution for such properties based on the documents proving entitlement and ownership by the true owner, promoting the rights of creditors from debtors according to the law, preventing illegal marriages and marriages that conflict with Islamic Sharia, safeguarding rights of widows and preventing discrimination and violence against women and safeguarding the properties and assets of real and legal persons.. The Juvenile Rehabilitation department2 is responsible to provide general care and basic necessities such as food, shelter, clothing and health facilities for detained juvenile offenders. It is also responsible for rehabilitation and education of detained juvenile offenders. The department of Legal Aid3 aim is to defend the rights of indigent suspects and accused persons for free and ensure their access to justice. The department provides legal assistance to destitute people who cannot afford lawyers and represent them in court. The persons surveyed in all of the aforementioned departments informed of high workload and under-staffing. Few of the staff interviewed during the baseline was under-qualified and had limited experience. Apart from the Huquq department the survey team was not provided with information on case management database by the concerned staff of Juvenile Rehabilitation and Legal Aid departments. The staff of concerned departments had received training courses organized either by government or the international organizations working in the justice sector. The major training needs identified by the respondents during the interviews include Legal Codes of Afghanistan, Laws of Inheritance, Civil Law and Family Law for the Huquq Department; Children Psychology, Counseling Skills, Children Rights, Civil Laws and Trainings on Teaching Methodologies for Juvenile Rehabilitation department; Principles of Justice, Laws of Inheritance, Civil Law, Business Law and Criminal Law for department of 1 http://moj.gov.af/en/page/1672 2 http://moj.gov.af/en/page/1680 3 http://moj.gov.af/en/page/1674
  • 8. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 5 Legal Aid and administration/management, finance and computer skills training for administrative staff. Thus, the AMMC baseline survey team feels that there is need of investing in qualified human resources – both administrative and legal professionals for the departments, development of proper case management database and most importantly specific and professional capacity building programs for relevant staff. The second group surveyed in the study consisted of the Law Faculty and the Sharia Law Faculty at University of Herat. The interviews of Faculty of Law were smoothly carried out; however, the staff faced difficulty in carrying out interviews of Faculty of Sharia as most of the teachers were not available to give interviews. Most of the respondents during the interview expressed satisfaction with the teaching method of the faculty. The educational qualification of a significant number of faculty members was Bachelors with only a few teachers having Master‟s degree. The faculty members had also participated in training courses organized by the University. The faculty members stressed on the need for capacity building programs and stated that these programs are necessary for their personal and professional development. Similarly few faculty members also expressed the need for fellowships and scholarships program for faculty members in order to upgrade their professional academic knowledge. Moreover, faculty members also suggested stocking library with latest books and academic resources like research papers, journals and articles etc. Focused group discussions were also held with one group each of male and female students from both faculties i.e. total 4 Focus Group Discussions (FGDs) were held with students. One of the key suggestions from the discussions with students was that the teachers in both faculties should upgrade their qualification and professional academic knowledge to be able to deliver better teaching to the students. Moreover, the students also stated that research and practical work opportunities are almost negligible for them to practically apply their knowledge and skills. The respondents also expressed the lack of academic resources (research papers, articles, journals etc.) and books on law in the library. Thus, the AMMC baseline team feels that faculties of Law and Sharia Law at University of Herat could benefit from professional trainings on teaching methodologies, trainings on research methodologies, practical research projects for students to practice their knowledge and skills, updating and stocking the libraries of Faculties of Law and Sharia with relevant text books, professional and reference books and academic resources (research papers, journals and articles) etc. Lastly, the curriculum might also be revised and upgraded according to the demands of the market and international academic standards. The findings of this study highlight that efforts are needed to strengthen the justice system and enhance the capacities of Justice Stakeholders in Afghanistan. Some areas that need to be improved are include investment placed in human resources to hire competent legal
  • 9. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 6 professional, specific and professional capacity building programs, provision of necessary resources (books, research material etc.) and awareness raising on basic laws and rights.
  • 10. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 7 Baseline Study of Justice Stakeholders Training Needs in Herat Province
  • 11. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 8 Section I LITERATURE REVIEW REFORMING JUSTICE SYSTEM IN AFGHANISTAN Since 2001 Afghanistan has undergone a significant period of reconstruction and reform of all key state institutions aimed at ensuring the effective and efficient delivery of essential public services to the Afghan population throughout the country. Judicial reform programs have been of crucial relevance to address this challenging task. It was commonly observed that the justice sector in Afghanistan was among the most significant but also most problematic areas of reform. (Suhrke and Borchgrevink, 2008) During the past ten years, with the support of the international community, the Government of Afghanistan has been working hard to establish sustainable democratic institutions and to restore and maintain trust in the rule of law. In 2005, the Afghan Ministry of Justice (MoJ) launched a 10-year plan for reform, Justice for All: a Comprehensive Needs Analysis for Justice in Afghanistan. (Wyler, 2010) The plan identified four main areas of reform, namely: institutional strengthening; reaching out to the people; reaching out to traditional justice; and supporting other government programmes such as counter-narcotics, anti-corruption or land tenure. In 2008, the Government of Afghanistan began to focus on the informal sector and as such, both Afghanistan‟s National Justice Sector Strategy (NJSS) and the Afghanistan National Development Strategy (ANDS) of 2008 highlighted the need for the government to adopt a policy on the Afghan state‟s relations with non-state resolution councils. In 2009, in close consultation with the Afghanistan Independent Human Rights Commission (AIHRC), the Supreme Court, the United States Agency for International Development (USAID), the Ministry of Women‟s Affairs (MoWA) and the United Nations Office on Drugs and Crime (UNODC), among others, the Ministry of Justice (MoJ) drafted a National Policy on Relations Between the Formal Justice System and Dispute Resolution Councils. The policy paper, aims at increasing women‟s participation in informal dispute resolution as well as acknowledging that informal bodies have positive aspects that should be strengthened, while recognizing that there are sometimes informal justice decisions that violate the law and therefore should be eliminated. Moreover, the draft contains provisions that require serious crime to be prosecuted by the state and in some cases, allow petty crimes to be diverted from the state to informal justice mechanisms. (Claude, 2010) NATIONAL PRIORITY PROGRAM FIVE (NPP-5) In June 2013, the National Priority Program Five (Law and Justice for All) was developed to set out a framework for a fully operational system for delivering justice services in
  • 12. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 9 Afghanistan, one that is capable of protecting citizen‟s rights while maintaining order and the rule of law. The goal of NPP5 is “to restore the trust of Afghan citizens in the ability of the justice system to protect and defend their personal, economic, social and national interests through its demonstrated and faithful adherence to the rule of law.” The NPP5 has five Components designed to achieve the program goal and high-level objectives: 1. Legal reform and legislative effectiveness 2. Enhancing efficiency of the Justice Sector 3. Increasing meaningful access to Justice 4. Building institutional capacity to strengthen Justice Delivery 5. Increasing physical assets to improve Justice delivery systems The Components and Sub-Components of this NPP are directly influenced by national priorities relating back to the Afghanistan National Development Strategy (ANDS) and the Millennium Development Goals (MDGs). The NPP5 has a clear focus on building the capacities of national justice institutions by:  Improving the legislative process  Increasing Human Resource capacity  Enhancing efficiency in the justice sector  Increasing meaningful access to justice  Increasing public legal literacy  Building institutional capacity to strengthen justice delivery  Improving human resource and administrative capacity of JSIs  Improving legal training and Stage programs for judges, prosecutors and lawyers  Strengthening capacity of Huquq departments  Improving juvenile rehabilitation services  Increasing the availability of justice institutions nationally (National Priority Program Five, June 2013) INITIATIVES TO REFORM AND RECONSTRUCT THE JUSTICE SYSTEM IN AFGHANISTAN Afghanistan and its international partners have pursued efforts to reconstruct the justice and legal system of the country since 2001. The plan specified that the Afghan government must take the lead and, among other things, the reforms must be Afghanistan appropriate. (Claude, 2010)
  • 13. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 10 Since 2001, many capacity building projects have been carried out by several international organizations funded by international organizations and countries such as United Nations, the United States, United Kingdom, Italy, etc. to reform the justice system of Afghanistan. Among these countries and organizations, Italy has had a more strategic focused to reform the Justice System and improve the capacity of this system. In this report, we focus on the Italian contribution to reconstruct the Justice system in Afghanistan. THE ITALIAN CONTRIBUTION TO THE RECONSTRUCTION OF JUSTICE SYSTEM OF AFGHANISTAN Since 2002, the Italian Government has supported the justice system with a focus on the following three sectors: legislative reform, judicial training for workers in the sector, and logistical and infrastructural assistance to judicial institutions. The primary focus in the justice sector that were at the forefront of the international community‟s intervention, ranged from the absence of a complete and organically structured legislative and infrastructural framework, to the lack of judicial institutions of human resources necessary for starting the process of reconstructing the presence of the rule of law over Afghanistan. The Italian contribution to support the justice system of Afghanistan can be seen in three Phases: The Lead Phase (2003-2005) After an initial review of the conditions of judicial administration and of the legal foundations of the Afghan justice system, the Italian Justice Program Office, formally established in 2002 and operational since February 2003, identified several priority areas to focus its efforts. Italy concentrated its activities on the following three sectors: legal training for employees in the justice sector, assistance to the infrastructure of the judicial institutions, and legislative reform. The Afghan Ownership Phase (2006-2009) The Afghan Government adopted a framework program, the National Justice Program, through which the new five-year National Justice Sector Strategy (NJSS) was to be implemented. The establishment of the JSRP (Justice Sector Reform Project), in addition to marking an important course change in the approach of the international actors towards reconstruction of the sector represents the final step in a path that began with the preparation of the Rome Conference on the Rule of Law in Afghanistan. At this stage, the Italian Cooperation in the justice sector was characterized by technical support of legislative reform, and support for strengthening judicial institutions through rehabilitation and reconstruction of justice system infrastructure (courts, prisons, etc.), training courses for judges, prosecutors and managerial staff of the Ministry of Justice, and the supply of materials.
  • 14. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 11 The Transition Phase (from 2010 onwards) The adoption of the NJSS and the National Justice Program (NJP) as the principal results of the 2007 Rome Conference, along with the definitive approval of ANDS in 2008, were supposed to be milestones in the Afghan reconstruction process, representing solid and shared institutional support showing the way forward for all of the actors involved. At this stage Italy oriented its activities towards priority geographic areas (Herat and the western region), with particular emphasis given to providing assistance in developing legal aid for the indigent, extrajudicial resolution of conflicts, through its support of the Ministry of Justice‟s Huquq Department, gender justice and specialist post-university legal training that was to be implemented through the National Legal Training Center. THE STRUCTURE OF THE JUSTICE SYSTEM OF AFGHANISTAN The justice services in Afghanistan are provided by the Justice Institutions. The formal Justice Institutions are described below. Supreme Court In accordance with article 117 of the Constitution, the Supreme Court as the highest judicial branch of the government is heading the judiciary power. The Supreme Court is managed based on law by the chief of Supreme Court, members, high council of the Supreme Court, general administration directorate of the judicial power and some professional and administration sections. The High Council is the most senior organization of the Supreme Court which is representative of the judiciary power. The Supreme Court consists of these divisions: Civil, commercial, general criminal, public and military crimes and crimes against public security and interest divisions. Appeal Courts In the center of each province there is an appeal court. According to the Article 31 of the Law on Organization and Jurisdiction of Courts, court of appeal is the judicial body at the province level which is composed of chief of the court, heads of Dewans and other judicial members. Head of the General Criminal Dewan shall be deputy head of court of appeals. Based on article 32 of the Law on Organization and Jurisdiction of Courts, the Courts of Appeals shall contain the following Dewans: General Criminal Dewan, Public Security Dewan, Civil and Family Dewan, Public Rights Dewan, Commercial Dewan and Juveniles Dewan. Article 33 of the Law on Organization and Jurisdiction of Courts mentions that “the Court of Appeals oversees the rulings and decisions of the lower courts, in situations according to the provisions of the related laws” Primary Courts Article 40 of the Law on Organization and Jurisdiction of Courts mentions that “in the jurisdictional area of each Court of Appeals, there are these primary courts: Central provincial primary court, Juveniles Court, Commercial Primary Court, District Primary Court,
  • 15. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 12 Family Issues primary court. Primary Courts Includes all city primary courts in the center of provinces and district courts in the center of districts. Other Courts This includes children courts, family courts, primary commercial courts and counter narcotics divisions. Documentation Departments These departments are located in the center of provinces and are performing documentation of the required deeds of the people and in the districts the documentation affairs are done by the district courts. Attorney General’s Office (AGO) The Attorney General‟s Office (AGO) or the Prosecutor Office is a unique agency of the government of Afghanistan which is independent in its performance. The AGO‟s mandate under Article 134 of the Constitution is for “investigation and filing the case[s] against [prosecuting] the accused in the court.” The recent LAW OF THE STRUCTURE AND AUTHORITY OF THE AG‟S OFFICE of the REPUBLIC OF AFGHANISTAN was passed and authorized by the government of Republic of Afghanistan in 1991 and was published in Official Gazette No: 738 in April, 1991 Article one of the AG‟s Law describes the main functions of the AGO of Prosecutor‟s Office to achieve the following five goals: 1. To strengthen legality and order in society; 2. To defend the spiritual and corporeal rights and interests of the central and local governmental organizations, quasi- governmental institutions and private institutions, political parties, social organizations and people of the country; 3. To monitor equal application of and adherence to the law; 4. To take measures in order to prevent criminality; 5. To prosecute suspects and accused according to the provisions of the law. Article Seven of this law describes the body of the prosecutor‟s office and the way it is formed: 1) The Prosecutor Office of the Republic of Afghanistan consists of the following: a) The Attorney General of Afghanistan and his deputies; b) The Advisory Body; c) Professional central Presidents and directors in charge of the professional and administrative sections; d) d. Prosecutors; e) e. Interrogators; 2) The prosecutor office is formed in the following manner: a. Central Prosecutor‟s Office (civil, military and national security).
  • 16. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 13 b. Appellate Prosecutor‟s Office (civil, military and national security). c. Provincial Prosecutor Office d. Primary Prosecutor‟s Office (civil, military and national security). (Law of the Structure and Authority of the Attorney General‟s Office, Official Gazette No: 738, April, 1991) Ministry of Justice and its Internal Departments Ministry of Justice is for providing the people of Afghanistan with the justice they need and safeguarding their rights. The Ministry of Justice comprises of following departments:  Office of the Minister  General Department of Legislative  General Department of Huquq  General Department of Government Cases  General Department of Legal Aid  General Department of Administration  Gen. Department of Registration of Political Pars and Social Organization  Department of Inspections  Directorate of Planning  Gen. Department of Prisons and Detention Center  Gen. Department of Juvenile and Rehabilitation  Department of Publications  Human Rights Support Unit INFORMAL DISPUTE RESOLUTION MECHANISM Afghan law is generally classified into three different legal traditions. The first is Secular Law, a product of Western positivist thought. (Igbinedion, 2009) The second type of law is Sharia, or Islamic Law, using the Qur‟an as its primary source. The third type is folk Sharia or Customary Law. These are not laws per se but rather unwritten social and moral codes that guide the informal justice system. (Igbinedion, 2009) The majority of Afghans involved in disputes over property, inheritance, family issues and, in some cases, criminal matters rely on community-based traditional dispute resolution (TDR), commonly known as peace councils or shuras. Afghans turn often to local, informal mechanisms such as local shuras or jirgas run by mullahs or other local elders with religious standing. The traditional justice sector often is used to adjudicate disputes involving local property, familial or local disputes, or personal status issues. An estimated 80 percent of all criminal and civil disputes in Afghanistan are resolved outside the formal legal system through various community forums known as SHURAS/JIRGAS, and JALASAS(USIP Report by Barfield and others, and 2007 Reports on Human Rights Practice in Afghanistan).The non-governmental dispute resolution bodies are widely considered more responsive and timelier in resolving cases, particularly those
  • 17. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 14 types of cases that are usually brought to these local decision bodies (Wyler and Katzman, 2010). The formal justice sector is still unable to reach many parts of the country and functions poorly in areas where it has a presence, with many judges and other legal professionals illiterate and unable to understand or apply the laws of the country appropriately (UNDP 2007 Afghanistan Human Development Report). According to another report by USIP (United States Institute for Peace), in Afghanistan, the formal justice system has limited reach and legitimacy. The country often struggles to properly function in an environment where human resources and infrastructure are seriously limited and constrained. With the justice system already very weak in the urban environment where the central government is the strongest, in rural areas, where about 77% of the population resides, functioning courts, police and prisons are often non-existent. (Barfield, Nojumi and Their) Therefore, the majority of Afghans rely on a more traditional, informal justice system. Disputes are settled, if at all, at the local level by village elders, district governors, clerics and police chiefs (Wardak, 2004). Currently, both the formal and informal justice systems co-exist parallel to each other in Afghanistan, with very few interactions and low public trust in the formal system. (Claude, 2010) The traditional justice mechanisms is being described as having the advantages of being familiar to the population and are less costly and more accessible than courts. According to a survey by the Asia Foundation (2010), respondents in all regions were most positive about the accessibility of local shuras and jirgas than the traditional system. Overall, the traditional justice system is believed to perform better than modern state justice, which explains why public confidence is higher for shuras and jirgas (66%) than for the state justice system (48%) (Rene, 2010). Throughout Afghanistan, informal mechanisms tend to be restorative rather than retributive, seeking to promote community harmony through Islahi (reconciliation) rather than focusing on individual rights or personal punishments. USIP notes that informal mechanisms frequently assign both parties with the responsibility to compensate for wrong done and restore communal harmony. In addition, these mechanisms tend to be voluntary, allowing members of both parties to walk away if they cannot resolve the dispute (Barfield, Nojumi, 2006). The informal justice system is also characterized by serious shortcomings as noted by international human rights organizations such as Amnesty International or Human Rights Watch. For instance, women are rarely allowed to participate in the process of dispute settlement, to take part in the jirgas or even be presented before the assembly when they are a party to a dispute as most of the jirgas are either entirely male or male dominated. (Claude, 2010)
  • 18. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 15 Currently, both the formal and informal justice system co-exist parallel to each other in Afghanistan, with very few interactions and low public trust in the formal system. According to USIP, however, both systems are also inter-dependent to a certain extent.
  • 19. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 16 Section II BASELINE STUDY REPORT INTRODUCTION Building and strengthening rule of law in developing nations, particularly in countries like Afghanistan that represent a transition or post conflict environments, has become a central focus for international development agencies. Over the past decade, Afghanistan with the support of the international community has taken dynamic steps towards pro democratic movements. Around the world, many people suffer because they lack access to justice or have limited knowledge about justice services. Unable to afford lawyers and ignored by authorities, their rights are routinely violated – cheated by employers, preyed upon by corrupt officials and victimized by violence. Often poor and disenfrachisedindividuals struggle to find means of recourse or redress for the harm done to them. The rule of law as defined by the United Nations Secretary-General in a report to the Security Council in 2004 “It refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.” (Report of the Secretary-General: The rule of law and transitional justice in conflict and post-conflict societies” (2004)) In communities thoughout the world, people struggle with legal issues related to housing, family, debt, crime, property and other matters that affect their well being. Those who are poor, geographichally isolated, or otherwisevulnerable often lack the capacity and ability to obtain assistance in solving their legal problems. They may suffer under discriminatory laws or lack the legal means to enforce laws that are meant toprotect them. In Afghanistan, there is dire need of strengthening the justice system and enhancing the capacities of Justice Stakeholders as a means to move towards a more progressive civil society. Since 2001, Italy has been supporting the Government of the Islamic Republic of Afghanistan in its efforts to strengthen rule of law. The Italian government has made a significant contribution to assisting in the reform of the justice system by funding initiatives aimed to enhance judicial institutions. In this regard Italy has invested both human and financial resources in training activities for the staff of justice institutions and justice service providers.
  • 20. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 17 The Italian Development Cooperation plans to continue to support the Afghan justice institutions and Faculty of Law and the Sharia Law Faculty by providing relevant training courses and capacity building activities with a particular focus on the province of Herat. BACKGROUND The Italian Development Cooperation has plans to continue to support Afghan justice institutions and Faculties of Law and Sharia Law Faculty through the implementation of relevant training courses and capacity building activities with a particular focus in Herat. The capacity building efforts will be focused in two different areas: 1. Increase the skills and capacities of Department of Justice Staff 2. Improve the knowledge of professors and students of Law Faculty and Sharia Law Faculty However, prior to launching the capacity building initiatives there is need to conduct a baseline study of justice institutions and other relevant stakeholders in Herat. The Baseline study will focus on two groups: 3. Staff of the Justice Department, including the offices of Hoqoq, Legal Aid and Juvenile Rehabilitation 4. Professors and students of the Faculties of Law and the Sharia Law Faculty at the University of Heart including the legal clinics program. In the selected beneficiary groups, the project team will conduct a baseline study to identify training / capacity building needs of Justice Stakeholders. Moreover, the study will develop an information base of the contextual profile, demographics, the existing problems and initiatives/practices to overcome the issues and most pressing needs of the communities. PURPOSE / OVERALL AIM AND SPECIFIC OBJECTIVES The purpose of the baseline is: “To provide a reliable baseline of information and capacity building assessment of the beneficiary groups before the training activities are conducted” SPECIFIC OBJECTIVES The specific objectives of the Baseline Study were to: i. Map the existing human resource composition of the two beneficiary groups and assess their capacities based on their specific roles and responsibilities
  • 21. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 18 ii. Provide a qualitative and quantitative assessment of the work undertaken by the Department of Justice, including offices of Hoqoq, Legal Aid and Juvenile Rehabilitation iii. Identify past, on-going and planned training opportunities offered to each beneficiary group. iv. To conduct further training needs assessment v. Provide recommendations for the way forward TARGET LOCATION AND TARGET GROUPS The Baseline was carried out in Herat and the target groups from whom the information was collected comprised: - Staff of DoJ - Faculty of Law and the Sharia Law Faculty - Students of Faculty of Law and Sharia Law Faculty The findings of the baseline are presented in subsequent chapters.
  • 22. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 19 Section III APPROACH AND METHODOLOGY PRELIMINARY MEETINGS WITH STAKEHOLDERS FOR PLANNING AND DATA COLLECTION Initial meetings were held with all relevant justice stakeholders in Herat Province. These included the justice team of IDCO, the Department of Justice, the Hoqooq Department, Legal Aid Department, Juvenile and Rehabilitation Center and the focal point of UNDP- Justice and Human Rights in Afghanistan (JHRA project). In addition to the justice stakeholders interviewed a meeting was held with the head of Department of Economy (DoE) in order to inform them of the ongoing study. In these meetings AMMC‟s team gathered relevant staff composition information and their designation and educational level in order to decide sample framework. It was also necessary to hold introductory meetings with the heads and staff of relevant departments to inform them about the baseline study. Furthermore, the baseline study was discussed with all of them in order to get their relevant input. In the meeting with the Head of DoE, AMMC was informed that there is a Capacity Building Committee in Herat province that deals with the trainings being implemented or planned to be implemented for government staff. This committee has an annual Capacity Building Plan. This plan was shared with AMMC and the following were the trainings that staff from DoJ had participants in year 1392 (2012-2013): S# Training Title No of Participants from DoJ 1 Financial and Budget Management 2 2 Human Resources Management 2 3 Procurement Management 1 4 Policy and Strategy 2 5 Law of Civil Employees and Government Employees Behavior 3 6 Labor Law 3 7 Monitoring Method 3 8 Planning 2 9 Project Management 2 10 Time and Change Management 5
  • 23. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 20 11 Monitoring and Evaluation 3 12 Management and Leadership 2 13 Conflict Resolution Management 5 14 Meeting and Conference Management 2 15 Office Management 3 16 Report Writing 3 17 Proposal Writing 2 18 Filing and Archive Management 2 19 English Language and Computer 5 When interviewing the Head of the Juvenile and Rehabilitation center it was emphasized that they are faced with lack of resources with staffing and logistics issues. Therefore, it was concluded that capacity building trainings would not be as effective until their basic needs are addressed. It was suggested that AMMC team should record all their human resources needs as well as logistical and financial needs while the survey is conducted. The AMMC recorded the basic human resources needs of Juvenile Rehabilitation which included psychologists to work on rehabilitation of children under detention, computer and database operators, finance and admin staff. The logistic needs were computers, desks, chairs, security cameras, digital photography camera, printers, scanners, internet and photocopy etc. Thus, they said that if human resources and logistics needs of department are not fulfilled then the capacity building program would not be useful for them. METHODOLOGY OF BASELINE STUDY The AMMC team adopted a systematic and step by step methodology for carrying out the study. The methodology allowed flexibility to the team as well as ensured that accurate data was collected. This approach and methodology used included: i. The AMMC Team held meetings with the justice stakeholders to collect basic information to assist in the study planning. ii. Survey instruments were designed to collect data from the two distinct groups of justice stakeholders. The survey instruments comprised of FGDs, interview schedules, and checklists for information collection. iii. Simultaneously staff recruitment for the baseline study was done i.e. hiring of supervisors, data collectors, and data entry operators etc.
  • 24. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 21 iv. Training of the staff on the survey instruments was held and tools were also pre- tested in a mock exercise. v. The baseline study was carried out by organizing and conducting interviews with respondents from two groups of justice stakeholders – staff of Justice Department and Professors of the Faculty of Law and the Sharia Law Faculty at Herat University. vi. Focused group discussions were held with male and female students of Faculty of Law and Sharia Law Faculty at the University of Herat. The FGDs with Faculty of Law Students included 10 male and 9 female, similarly 9 male and 8 female students participated in FGDs from Faculty of Sharia Law. The respondents of FGDs were assembled at their convenient place and time. vii. Due to the limited resources and tight timeline the baseline activities were carried out simultaneously for both groups of justice stakeholders. Two teams were formed for collecting information i.e. one team for each beneficiary group. One team collected data from the Justice Department stakeholders and the second team collected data from the Professors and students at the University of Herat. viii. The team consisted of four interviewers. They were divided into two teams. These teams held interviews with the staff of the justice department and the Professors of the Faculty of Law and Sharia Law Faculty. Similarly FGDs were held with the students enrolled at the Herat University of the Faculty of Law and Sharia Law Faculty. ix. Each team was supervised by a Supervisor who was responsible for quality assurance. Thus, total data collection team comprised four interviewers and two supervisors. x. After data collection, the data was checked for quality and consistency by data collection supervisors. xi. A database for data entry was designed for the data. The data entry started one week prior from the start of field work so that data compilation, filtering and consistency checks were performed on time and errors were rectified. The data entry was done by data entry operators. xii. The data was compiled and filtered by Data Collection Supervisors and a Data Analyst. xiii. The data was provided to the team leader and report writer for producing the report of the baseline study. DATA COLLECTION METHODS AND TOOLS Both qualitative and quantitative data collections methods were used to collect data. The survey tools of Semi Structured Interview, Focused Group Discussions and checklists were
  • 25. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 22 used in order to address the necessary elements of the baseline study. The survey instruments and tools were developed by the AMMC team and pre-tested in a mock exercise. The survey instruments are attached as Annexure-1. STAFF TRAINING The field team members were provided with a detailed in-house skills training held in July on how to conduct surveys, basic interviewing and data collection skills. The training consisted of both a theoretical session, followed by field demonstrations and pilot testing of the survey instruments. The tools were finalized by incorporating necessary changes after the pilot testing. THE SURVEY INSTRUMENTS AND SAMPLE SIZE The instruments developed for the Baseline are given in the following table: S.# Survey Instrument Respondents 1 Semi Structured Interviews DoJ Staff & Faculty of Law and Sharia Law Faculty 2 Focus Group Discussions Students of Faculty of Law and Sharia Law Faculty 3 Checklists For Quantitative Data SAMPLE SIZE AND STRUCTURE FOR BASELINE STUDY(ACTUAL RESPONDENTS) Reference to the TORs developed by IDCO, two distinct groups of Justice Stakeholders have been selected for Baseline Study i.e. Staff of Justice Department including the offices of Huquq, Legal Aid and Juvenile Rehabilitation; and the Professors and Students of the Faculty of Law and Sharia Law Faculty from the University of Herat. The detail of the interviews is given below: Staff of the Provincial Department of the Ministry of Justice of the Province of Herat The composition of the respondents interviewed for the Baseline Survey included: - Six staff from the Department of Justice - Four staff members of the Huquq department - Nine staff members working at the Juvenile Rehabilitation Center
  • 26. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 23 - All five staff of the Legal Aid Department in Heart; moreover, eight supporting project staff of a World Bank funded justice project in Legal Aid Department Professors and Students of Faculty of Law and Sharia Law Faculty - Overall ten members, five male and five female representing 37% of the overall academic staff of Law Faculty at the University of Herat were interviewed. - Five persons were interviewed from the academic staff of the Sharia Law Faculty representing 14% of the overall staff. The interviewers attempted to interview more staff members; however, additional staff members did not want to be interviewed. - Overall eighteen students, eight female and ten male students of the Law Faculty participated in two FGDs. FGDs for male and female students were held separately. - Overall seventeen students, eight female and nine male students of the Sharia Law Faculty participated in two FGDs. FGDs for male and female students were held separately. The Table below presents the planned sample and actual survey. Sample versus Actual Survey Department Planned Sample Actual Survey Department of Justice 7 6 Department of Hoqooq 5 4 Department of Juvenile Rehabilitation 10 9 Department of Legal Aid (staff of World Bank project) 5 8 5 8 Total 35 32 Law Faculty Academic Staff 10 10 Sharia Faculty Academic Staff 10 5 Law Students 16 18 Sharia Students 16 17 Total 52 50 FIELD WORK STAGE The field work commenced on 14th of July and concluded on 25th of July.
  • 27. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 24 SUPERVISION OF ENUMERATOR AND MODERATORS’ WORK Each team was supervised by a Data Collection Supervisor and Researcher responsible for quality assurance. After data collection, the data was checked for quality and consistency by the data collection supervisors. DATA ENTRY AND PROCESSING A database for data entry was designed for data entry. The data entry started one week from the start of field work so that data compilation, filtering and consistency checks could be performed on time and errors could be rectified. The data entry was done by data entry operators. The data was provided to the team leader and report writer for producing a report of the baseline study.
  • 28. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 25 Section IV This section gives the qualitative and quantitative analysis of the baseline survey. The details of staff of departments, trainings received and respondents of the faculties are attached as Annexes 2, 3 and 4. Qualitative and Quantitative Analysis
  • 29. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 26 ANALYSISOF SEMI-STRUCTURE INTERVIEWS WITH DEPARTMENT OF JUSTICE STAFF The Ministry of Justice Department has placed seven staff members in the Herat Province. Overall six staff members were interviewed for the baseline survey. The staff of DoJ mostly deals with administrative and office matters, thus few of the questions were not relevant to their job duties. The detail of staff is given as Annex-2, while training details are given as Annexure-3. For ease in analysis the interview was divided in three basic themes – Key Justice Issues and Capacities, capacity building and recommendations. The findings of semi-structure individual interviews with staff of Department of Justice are presented in the following passages. KEY JUSTICE ISSUES AND CAPACITIES ROLE OF DOJ  The DoJ‟s main role is providing legal aid providers who can provide legal representation to people with legal problems. The staff at DoJ mainly deals with administrative and office matters of its related justice departments i.e. Huquq, Juvenile Rehabilitation and Legal Aid.  The respondents did not have details of the number of people who requested their assistance in the last two years. Per the interviews, they indicated that they do not maintain such records. COMMON CASES/PROBLEMS DEALT BY DOJ  The DoJ deals with legal cases such as property, inheritance, loan, divorce, violation of government estate and family rights/cases through its relevant departments of Huquq, Legal Aid and Juvenile Rehabilitation.  The DoJ has professional staff that provides assistance to the people. The cases are referred to relevant departments that deal with the cases according to law. If these cases are negotiable through mediation between parties, they are resolved by the department, otherwise sent to courts for proceedings.  The Cases are sent to courts and other decision-making bodies if the parties don‟t agree to the decision of mediation by departments.
  • 30. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 27 CHALLENGES / PROBLEMS IN PERFORMING DUTIES Regarding challenges faced as staff/organization in performing its role;  One respondent stated a lack of knowledge on law and lack of cooperation among the departments,  One respondent expressed lack of qualified staff members, while  One respondent expressed the lack of computer literacy as main problem in performing duties,  Three respondents stated that they did not face any problems. CHALLENGES TO COMMUNITIES IN ACCESSING JUSTICE  The staff of DoJ expressed that communities lack awareness on their rights, are illiterate, lack proper information to engage their rights, and corruption in justice institutions are some of the key challenges to access to justice.  The staff further stated that these challenges can be overcome by awareness raising on basic rights and laws, increasing literacy, and improving transparency in the process of justice institutions. COMPUTER LITERACY  The staff of DoJ had the basic computer literacy and used Microsoft Office software and the internet in performing their routine activities. CAPACITY BUILDING Regarding capacity building trainings attended:  All of the six staff members interviewed participated in various capacity building workshops organized by the government or international organizations. o Three staff members had received trainings on women rights, awareness of laws, inheritance and equality. o Three staff members had received trainings on leadership, management and procurement etc. o One staff member reported receiving computer training and English course.  All the staff members stated that these trainings were effective and beneficial to their work. o Three respondents expressed that their awareness on women, child and family rights has increased.
  • 31. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 28 o One respondent reported that his knowledge on management and procurements has improved o One respondent informed the interviewers that his computer literacy skills improved o While one respondent stated that although he benefited from the training it was not sufficient.  All of the six staff of DOJ considered capacity building events beneficial for the justice sector as new developments are continuously taking place and keeping pace with new development and skills is very important. The staff members suggested the following trainings for improving the working of justice sector: i. Awareness on Laws and Rights ii. Management – administration and finance iii. Computer etc. AWARENESS RAISING All the respondents reported that awareness raising in communities, as well as, of justice stakeholders can enhance access to justice and improve operations of justice institutions. Awareness on fundamental laws, basic rights, responsibilities of state and citizens would prove beneficial to the justice sector as a whole. SUGGESTIONS The following suggestions were made by the staff of DoJ during the interview:  Capacity building programs to cater to the specific needs / requirements of Job/ staff i.e. i. Awareness / training on Laws and Rights ii. Management and Administration iii. Procurement and Finance iv. Computer Knowledge etc.  Awareness campaigns for communities and sessions for justice stakeholders on fundamental laws, basic rights, responsibilities of state and citizens  Provision of facilities for offices and supplies needed like furniture, computers and related equipment.  Seminars and workshops for employees to develop their knowledge base.
  • 32. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 29 ANALYSIS OF SEMI-STRUCTURE INTERVIEWS WITH HUQUQ DEPARTMENT STAFF The Huquq Department (Legal Department) of DoJ in Herat has five staff members. Four staff members were interviewed out of five as the remaining one staff member was in district for work and could not be interviewed. The Huquq department of DoJ deals with three types of legal problems / cases, these are: 1. Property / Estate disputes 2. Family disputes 3. Loan disputes The staff interviewed includes a Director, two case officers and admin and finance officer of the Huquq department. The Director is responsible for the overall management of the Huquq department, providing assistance to the people and reporting back to the Head of DoJ. The case officers are responsible for assistance with the legal problems of property, family and loan disputes and application processes. The Admin officer is responsible for communication with district legal / Huquq offices. The detail of staff is given as Annex-2, while training details are given as Annex-3. For ease in analysis the interview was divided in three basic themes – Key Justice Issues and Capacities, capacity building and recommendations. The findings of semi-structure individual interviews with staff of Huquq department of DoJ are presented in the following passages. KEY JUSTICE ISSUES AND CAPACITIES ROLE OF HUQUQ DEPARTMENT  It was reported that the main role of the Huquq Department is to assist and solve the legal problems/disputes of estate, family and loans. The staff tries to solve the problems through mediation, however, if the parties do not agree or do not accept the decision the case is referred to court.  The Huquq department was accessed by nearly 4500 people in the last two years with their problems. Out of these 110 have been resolved, 300 filed as the complainant did not pursue case, and the rest have been referred to courts.
  • 33. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 30 COMMON CASES/PROBLEMS DEALT BY HUQUQ  The Huquq department deals with legal cases such as estate/property disputes, family disputes and loan disputes. The Huquq department does not deal with criminal cases.  The Huquq department has professional staff i.e. case officers for providing assistance to the people. At first the staff tries to solve cases through mediation between parties with the help of a representative from the village and districts; however, if the parties disagree and do not accept the decision, the case is referred to court.  The Cases are sent to courts and other decision-making bodies if the parties do not agree to the decision of mediation by the department. CHALLENGES / PROBLEMS IN PERFORMING DUTIES Regarding challenges faced as staff/organization in performing its role;  The respondents stated that lack of professional personnel is the major challenge at the Huquq department. With limited staff the department cannot speedily assist and solve problems. As the workload is high and staff limited, the process of cases gets delayed. CHALLENGES TO COMMUNITIES IN ACCESSING JUSTICE  The staff at the Huquq department expressed that the lack of awareness regarding laws, their rights, illiteracy, and the lack of knowledge on procedures of justice institutions are the key challenges to communities in accessing justice.  They further reported that these challenges can be overcome by awareness raising on basic rights and laws, public information, increasing literacy and improving transparency in process of justice institutions. COMPUTER LITERACY  The staff of Huquq department has the basic computer literacy and use Microsoft Office software – MS Word and Excel in performing their routine activities. CAPACITY BUILDING The staff of the Huquq department has participated in capacity building workshops organized by the government or international organizations.
  • 34. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 31  All four staff members interviewed participated in training on Inheritance law, Basics of law and Trade law organized by IDLO.  Two staff members reported that they received training Family Law  Two staff members reported that they received training on Female Property Rights  One staff member also received training in management and computer skills  All the staff members stated that these trainings were effective and proved beneficial to their work. Moreover, it provided them with knowledge on law and improved their mediation skills for assisting/resolving cases.  All the respondents from the Huquq department considered capacity building events beneficial for the justice sector as new developments are continuously taking place and keeping pace with new development and skills which is very important. The staff members suggested following trainings for improving the working of justice sector: i. Training on the Legal Codes of Afghanistan ii. Training on the Law of Inheritance iii. Training on the Civil Law iv. Awareness on Laws and Rights v. Management and Computer Skills Training. AWARENESS RAISING All the respondents opined that increasing the level of public awareness will help decrease the problems of people and the cases. Awareness on fundamental laws, basic rights, responsibilities of state and citizens would prove beneficial to the justice sector as a whole. Awareness raising in communities as well as of justice stakeholders can enhance access to justice and improve operations of justice institutions. Public information or awareness raising can be done through print and electronic media, legal workshops/seminars and coordination with non-governmental organizations that will increase public information. SUGGESTIONS The following suggestions were made by the staff of the Huquq Department during the interview:  Increasing the number of skilled professional staff so that cases are speedily processed
  • 35. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 32  Implementation of seminars and workshops for employees to enhance their knowledge base.  Capacity building programs for the professional staff i.e. i. Training on the Legal Codes of Afghanistan ii. Training on the Law of Inheritance iii. Training on the Civil Law iv. Awareness on Laws and Rights v. Management and Computer.  Awareness campaigns for communities and sessions for justice stakeholders on fundamental laws, basic rights, responsibilities of state and citizens
  • 36. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 33 ANALYSIS OF SEMI-STRUCTURE INTERVIEWS WITH STAFF OF DEPARTMENT OF JUVENILE REHABILITATION The Department of Juvenile Rehabilitation of the DoJ in Herat has 10 staff members. Overall nine staff members were interviewed as the remaining one staff member was support staff. The Department of Juvenile Rehabilitation deals with the investigation and prosecution of cases related to children while also providing education and care for children who are detained. The staff interviewed included the Head of the Department, dormitory staff, teachers, social staff and admin staff. The Head of the Department is responsible for the overall operation and management of the Juvenile Rehabilitation Department. The dormitory staff is responsible for food, health care, and organizing visit times for juveniles who are detained. Teachers and social staff are responsible for rehabilitation of juveniles who are detained. The detail of staff is given as Annex-2, while training details are given as Annex-3. For ease in analysis the interview addressed three basic areas – key justice issues and capacities, capacity building, and recommendations. The findings of semi-structure individual interviews with staff of the Juvenile Rehabilitation Department are presented below. KEY JUSTICE ISSUES AND CAPACITIES ROLE OF JUVENILE REHABILITATION DEPARTMENT  The Juvenile Rehabilitation department is responsible in overseeing the detention of children convicted of offenses or those accused of crimes. It is responsible for their care, counseling and education.  The respondents of the Juvenile Rehabilitation Department did not have details of the number of cases that they dealt with in the last two years as they reported that they do not maintain such records as they believed it is not applicable to them. COMMON CASES/PROBLEMS DEALT BY JUVENILE REHABILITATION  The Juvenile Rehabilitation Department deals with legal cases related to juveniles. The most common cases are theft and petty crimes.  The accused juvenile is under the custody of the Juvenile Rehabilitation Department after arrest. The juvenile can remain in the custody until the case is decided. If the juvenile is found guilty he is detained and per law is rehabilitated through education and training. The Juvenile Rehabilitation Department does not refer cases to any other decision making body as it is the authority of the court, however, the
  • 37. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 34 department can cooperate with relevant bodies/institutions (e.g. MoWA) for support and coordination. CHALLENGES / PROBLEMS IN PERFORMING DUTIES Regarding challenges faced as staff/organization in performing its role:  Five out of nine respondents expressed that they faced challenges in performing their duties. These include lack of health care system for children under detention, problems with lawyers not following cases, lack of training material, lack of discipline for juveniles detained, lack of professionals, and the limited capacity of staff are the major challenges at the Juvenile Rehabilitation Department.  While four respondents expressed that they do not face any problems / challenges. CHALLENGES TO COMMUNITIES IN ACCESSING JUSTICE  The staff at the Juvenile Rehabilitation Department expressed that lack of awareness regarding laws, basic rights, illiteracy, lack of knowledge on procedures of justice institutions are the key challenges to communities in accessing justice.  They further stated that these challenges can be overcome by awareness raising on basic rights and laws, public information, increasing literacy and improving transparency in the process of justice institutions. COMPUTER LITERACY  Only two staff members of the department have the basic computer literacy and use Microsoft Office software – MS Word and Excel in performing their routine activities, while seven staff members of the department do not use computers. CAPACITY BUILDING The staff of the Juvenile Rehabilitation Department reported that they participated in various capacity building workshops organized by the government or international organizations. These trainings included:  Trainings on Child Rights, Public Awareness and Inheritance Law  Five staff members had received training on Women Rights  Six staff members had received training on Psychology (Behavior of Children)  Only one staff member reported that he had not received any capacity building training.
  • 38. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 35  All the staff members stated that these trainings were effective and proved beneficial to their work. Moreover, the training on Psychology enabled them to understand the behavior of children and they could use the behavioral techniques taught to rehabilitate and educate the children.  All the respondents from the Juvenile Rehabilitation Department considered capacity building events beneficial for them in particular and the justice sector in general. The staff members suggested the following trainings for improving their work within the Juvenile Rehabilitation Department: i. Training on Child Rights and Child Psychology ii. Training on Civil Laws and Justice iii. Training on Education Methods/Teaching Methods (for dormitory teachers) iv. Awareness on Laws and Rights v. Management, administration and Computer etc. AWARENESS RAISING All of the respondents opined that increasing the level of public awareness will help decrease the problems of people and the cases. Awareness on fundamental laws, basic rights, responsibilities of state and citizens would prove beneficial to the justice sector as a whole. Awareness raising can be done through print and electronic media, legal workshops/seminars and through mosques and non-governmental organizations. SUGGESTIONS The following suggestions were made by the staff of the Juvenile Rehabilitation Department during the interview:  Trainings on Afghanistan‟s Laws dealing with cases related to children  Seminars and workshops for employees to enhance their knowledge base.  Training programs such as child rights, psychology of children, forming working groups for psychological rehabilitation of detained children. Capacity building programs for the professional staff i.e. i. Training on Child Rights and Child Psychology ii. Training on Civil Laws and Justice iii. Training on Education Methods/Teaching Methods (for dormitory teachers) iv. Awareness on Laws and Rights v. Management, Administration and Computer.
  • 39. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 36 ANALYSIS OF SEMI-STRUCTURE INTERVIEWS WITH LEGAL AID DEPARTMENT STAFF The Legal Aid Department of DoJ at Herat Province has five staff members and eight supporting project staff for a World Bank funded project. All the staff members were interviewed at the Legal Aid Department. The Legal Aid Department of DoJ provides legal aid services to the poor in court. The staff interviewed includes the Head of the Legal Aid Department, eight Legal aid/assistance staff, three Technical Members and Public Information officer. The Head is responsible for the overall management of the Legal Aid Department. The legal aid staff and technical members are responsible for legal assistance to the poor. The public information officer is responsible for awareness raising. The detail of staff is given as Annex2, while training details are given as Annex3. For ease in analysis the interview was divided in three basic areas – Key Justice Issues and Capacities, capacity building and recommendations. The findings of semi-structure individual interviews with staff of Legal Aid Department of DoJ are presented below. KEY JUSTICE ISSUES AND CAPACITIES ROLE OF LEGAL AID DEPARTMENT  The Department of Legal Aid is responsible to appoint defense attorneys for poor suspects and criminals to handle their cases.  The Head of Legal Aid Department informed the interviewers that in the last two years the department had provided free legal services to many people. The people requiring legal assistance can directly approach Legal Aid Department or through other justice or police departments. However, the department did not provide any statistical data. Only the Head of the Legal Aid Department and a technical member responded to question while the rest of staff did not respond. COMMON CASES/PROBLEMS DEALT BY LEGAL AID  The Legal Aid Department deals with legal cases such as criminal and family cases for those who cannot afford lawyers. The Legal Aid Department appoints lawyers for them and represents their cases in courts.  The process of the Legal Aid Department involves receiving a request/application for legal aid support, assigning a legal assistance officer who conducts the initial investigation, if the case is genuine, the necessary procedures are done and the department appoints a defense attorney for the applicant who provides representation in court.
  • 40. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 37  As the justice departments are inter-related and every department deals with specific cases. The legal aid coordinates with these departments when needed. However, usually legal aid cases are not referred to other decision-making bodies but are often decided by the courts. CHALLENGES / PROBLEMS IN PERFORMING DUTIES Regarding challenges faced of the staff and organizations in performing its role:  Major challenges faced by the Legal Aid Department are the lack of cooperation by Attorneys, judiciary and police departments.  Six respondents also mentioned that they face communication and transportation problems.  One staff member reported that the lack of professional personnel is also a major challenge at Legal Aid Department. With limited staff the department cannot speedily assist, as the workload is high and staff limited, the process of cases gets delayed. CHALLENGES TO COMMUNITIES IN ACCESSING JUSTICE  The staff of the Legal Aid Department opined that the lack of awareness regarding laws and basic rights, illiteracy, the lack of knowledge on the procedures of justice institutions are the key challenges to communities in accessing justice.  Similarly, six respondents also expressed that the lack of transparency and corruption in the judiciary is also a challenge to access to justice.  The staff of legal aid suggested that these challenges can be overcome by awareness raising on basic rights and laws, public information, increasing literacy, eliminating corruption and bringing in a transparent administrative system for improving transparency in the process of justice institutions. COMPUTER LITERACY  The staff of the Legal Aid Department reported that they have basic computer literacy and use Microsoft Office software – MS Word and Excel - and the internet in performing their routine activities.
  • 41. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 38 CAPACITY BUILDING The staff of the Legal Aid Department reported that they had participated in capacity building workshops organized by the government or international organizations. These include:  Ten staff members participated in training event on Advocates Law  Three female staff participated in training on Family Law and Rules of Civil Courts  Four staff members had participated in event on Awareness on Human Trafficking  Eleven staff members had participated in different training events by IDLO (5 staff) and JSSP (8 staff). These include Advocacy Trainings, Justice for Children, Legacy etc.  All the staff members stated that these trainings were effective and proved beneficial to their work. Moreover, it provided them with knowledge on law and improved their skills for providing legal assistance.  According to the staff of the Legal Aid Department professional training programs are always useful for the Judicial and legal sectors. More advanced professional training programs are required for advocates and staff that can enhance their capacity and equip them to perform their job duties adequately. The staff members suggested the following trainings for improving the work of the Legal Aid Department: i. Training on Principles of Justice ii. Training on Laws of Inheritance, Civil Law and Business Law iii. Training on Criminal Law iv. Awareness on Laws and Rights AWARENESS RAISING All the respondents opined that increasing the awareness on fundamental laws, basic rights, responsibilities of state and citizens would prove beneficial to the justice sector as a whole. This public awareness will help decrease the problems and cases of people and enhance access to justice and improve operations of justice institutions. Public information or awareness raising can be done through print and electronic media, legal workshops/seminars, through mosques, schools and non-governmental organizations.
  • 42. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 39 SUGGESTIONS The following suggestions were made by the staff of the Legal Aid Department during the interview:  The recruitment of experienced and skilled professional staff so that cases are speedily processed  Implementation on rules and regulations and following procedures  Creating a transparent and corruption free justice system  Seminars and workshops for employees to enhance their knowledge base  Improvement of staff remuneration and job security  Capacity building programs for the professional staff i.e. i. Training on Principles of Justice ii. Training on Laws of Inheritance, Civil Law and Business Law iii. Training on Criminal Law iv. Awareness on Laws and Rights  Awareness campaigns for communities and sessions for justice stakeholders on fundamental laws, basic rights, responsibilities of state and citizens.
  • 43. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 40 ANALYSIS OF SEMI-STRUCTURE INTERVIEWS WITH FACULTY OF LAW The Faculty of Law at the University of Herat is comprised of seventeen academic staff members. A sample of ten faculty members i.e. five male and five females were drawn. However, overall six male and four female faculty members were interviewed for the baseline survey. The specific composition of these ten respondents is:  Seven faculty members were interviewed from the discipline of Public Law, and  Three from International Relations. Regarding educational qualification of interviewed faculty members:  Only one female faculty member out of four possessed a Master‟s Degree while the remaining three have a Bachelor‟s Degree.  Similarly, only three male faculty members out of six interviewed had Master‟s degree while the remaining three possessed Bachelor‟s degree. The details of interviews with the faculty are given in Annex- 4. The interview was divided into three basic themes – teaching of legal education, capacity building and recommendations. The findings of the Faculty of Law are presented in the following passages. TEACHING OF LEGAL EDUCATION ROLE AND FUNCTION The major role and function of the faculty is providing education to students. The Law department offers two disciplines i.e. Judiciary Attorney and Political Science. The faculty is responsible for teaching subjects and training students in the judiciary system and developing them as professionals for undertaking justice functions. TEACHING METHOD AND QUALITY OF TEACHING Regarding the teaching method and quality of teaching:  Eight out of ten faculty members stated that the teaching quality is good and they are using new methods of teaching like power point presentations, working groups, lecture notes and case studies.  One faculty member opined that although the teaching quality is good and satisfactory; teachers need to upgrade their educational qualifications.
  • 44. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 41  One faculty member opined that teaching quality is average and there is room for improvement. STUDENT SATISFACTION WITH TEACHING METHOD All the faculty members interviewed expressed that students are satisfied with the teaching method and quality as new and improved methods of teaching have been adopted. Still few of the respondents expressed that teaching quality can be further improved on international practices which will lead to higher satisfaction levels and enhance performance of students. SATISFACTION WITH CURRICULUM OF LAW As to the satisfaction with the Curriculum of Law  Only three faculty members out of ten interviewed expressed satisfaction with the Curriculum of Law.  Four faculty members expressed that although they are satisfied with the curriculum there is room for improvement. They opined that necessary changes need to be made in curriculum to meet international standards. They further expressed that new curriculum has been approved but has not been implemented.  Three faculty members expressed that they are not quite satisfied as there are certain issues with the curriculum that needs to be revised or changed. Regarding student‟s satisfaction with the Curriculum of Law:  Only two faculty members expressed that students are satisfied with the curriculum.  Six faculty members opined that students are satisfied to some extent as there are certain issues with curriculum that need to be resolved. They further stated that few subjects are taught that are not relevant to the students major and suggested that a few new subjects like Criminology and the rules and regulations of courts need to be added. The faculty also expressed hope that new curriculum will resolve these issues.  While two faculty members expressed that students are not quite satisfied with the curriculum. CHANGES AND IMPROVEMENTS IN CURRICULUM OF LAW Regarding changes and improvement in the Curriculum of Law:  Seven out of ten faculty members expressed that there is need to bring improvements to the Curriculum of Law according to the needs of society. They opined that new developments are constantly taking place and curriculum needs to
  • 45. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 42 be updated to international standards. They suggested the inclusion of new subjects and practical courses to the curriculum.  Only three faculty members expressed that the curriculum is fine and no changes are necessary.  Similarly six out ten faculty members expressed that they cannot bring changes in curriculum as it is beyond their authority.  While four faculty members opined that it is possible to bring changes to curriculum with respect to the particular subjects they teach. PROBLEMS FACED IN TEACHING Regarding problems faced in job/teaching;  Seven out of ten faculty members expressed that they face various problems in performing their jobs. These problems include: o Lack of teaching materials and academic resources so to prepare lectures for students, o Subjects are not assigned according to the expertise of the teacher. Sometimes irrelevant subjects are imposed on teachers who do not possess the requisite knowledge. o The workload on teachers is very high as the number of subjects assigned to each teacher. o Some of the textbooks are from Iran, which are not relevant to Afghan context.  While three faculty members did not face any problem. PROBLEMS FACED BY STUDENTS Regarding problems faced by students and efforts for their solution:  Nine out of ten faculty members interviewed expressed that major problems that students face are the lack of textbooks, academic materials, research opportunities and practical courses. Moreover, students from other provinces/areas face housing problems.  Only one faculty member expressed that students do not face any problems.
  • 46. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 43 CONDITION OF LIBRARY As to the condition of library:  Four respondents expressed that the condition of the library is good and satisfactory,  Three respondents expressed that the condition of library is fair, however, there is improvement needed and new books need to be stocked in library particularly on the law, the justice system, human rights and family rights etc.  Three faculty members expressed that the library needs to be improved and new and updated books need to be stocked in library. They further reported that the library has many books from Iran while books that are relevant to Afghanistan are needed. CHALLENGES FACED In response to questions regarding challenges faced by faculty members and how they could be overcome:  Five faculty members expressed that the lack of opportunities for higher legal education like a Master‟s Degree and PhD were important. The faculty members‟ need to upgrade their knowledge but reported that there were very limited opportunities to do so.  Two faculty members mentioned that the lack of academic resources and books is the biggest challenge they face.  Similarly a faculty member stated that the lack of research opportunities, capacity building and facilities is a big concern/challenge for them.  While two faculty members reported that they face no specific problem. Regarding overcoming these challenges, the respondents did not give specific recommendations. They expressed that resources needed to be allocated for the provision of academic resources and teaching materials, research activities, facilities and capacity building for staff. LEGAL SUBJECTS/STUDIES NEEDING EXPANSION The respondents opined that the following subjects needed improvement: a. Attorney and Judiciary Subjects b. International Law c. Fundamental Law d. Human Rights
  • 47. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 44 e. Constitutional Rights f. Civil Law g. Family Law h. Inheritance Law i. International Relations j. Political Science. Moreover, few faculty members stressed practical programs and case studies for students where they can deal with real cases and better learn and understand legal issues. CAPACITY BUILDING FORMAL ON JOB TRAINING / CAPACITY BUILDING The University of Herat has organized capacity building workshops on Teaching Methods, Research Methods and Credit Academic system for its faculties. These events were conducted by the university.  All ten faculty members had participated in some of the capacity building workshops organized by the University of Herat. o Six faculty members opined that these capacity building events were quite effective and proved useful. o Three faculty members opined that these capacity building events were short and not quite effective. o One respondent stated that they have limited or no capacity building opportunities. o While one faculty member had just returned to Afghanistan after completing a Master‟s Program in the U.S. o Similarly one faculty member participated in an international capacity building program in the US and stated that it was very effective. Regarding any present / on-going capacity building events:  Five out ten faculty members expressed no knowledge.  Five faculty members informed that there is an English Language program for teachers with the assistance of the U.S. Embassy. Similarly with regard to planned or future capacity building events:
  • 48. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 45  Six out ten faculty members expressed no knowledge of future capacity building events  Four faculty members responded that there are future plans of capacity building but these are dependent on donor funding. As to the importance of capacity building programs:  All of the ten faculty members considered capacity building events important for teachers and students, administrative staff as well as for justice stakeholders.  The respondents emphasized the need for pursuing higher studies i.e. Master‟s Degree and PhD courses by teachers so that their knowledge base is enhanced. LEGAL CLINIC Only two faculty members out of ten interviewed were involved with the legal clinic. The findings from their responses are briefly presented:  The main role of the legal clinic is to develop the skills of defense lawyers. The legal clinic has a five month practical program for senior Law and Sharia Law Faculty Students. During these five months the students are guided through the procedure of the judiciary and justice system, working with real cases and doing research on these cases.  The legal clinic provides free legal aid for vulnerable and poor people while also, teaching senior law students taking educational courses on law and legal clinics.  The main beneficiaries of legal clinics are three groups: o Senior students of Law Faculty and Sharia Law Faculty o Awareness raising programs for students of 11th grade at schools where they provide awareness on basic rights o Poor and vulnerable people who don‟t have the financial capacity to pursue their legal cases in courts  The legal clinics receive various cases some of which that involve violence against children and women, and other dispute cases of vulnerable and poor people  The legal clinic provides training on civil, family, and criminal defense law i.e. a five month training course on working in attorney offices, police, justice department, procedures and process of courts cases for university students and awareness on basic rights and laws for high school students.  Only one faculty member received training related to legal clinics from IDLO and JSSP on the skills of defense lawyers. Similarly training for all the heads of legal
  • 49. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 46 clinics and law university deans was conducted on the functions and operations of legal clinics by Department of Peacekeeping (DPK).  Financial support and trainings on family rights, civil rights, criminology from reputed international universities is needed for improving services and the role of legal clinics.  Currently the legal clinics are working under the faculty. Their role can be highly enhanced if they are formalized as independent entity under ministry of higher education, this would allow them to expand their activities further. SUGGESTIONS The suggestions/recommendations of the faculty members interviewed:  The faculty members opined that capacity building programs are necessary and important for the teachers as new developments and concepts are emerging. Capacity building programs are required to update faculty‟s as well as students‟ knowledge on law and related aspects.  They suggested capacity building teaching methods, research methods, taxation laws, financial laws, international relations, political science, fundamental rights (human and constitutional) and the updates that been incorporated in the laws.  Two faculty members also suggested scholarship programs for teachers for pursuing higher studies i.e. Masters‟ and PhD.  The respondents also emphasized on the importance of technical trainings, research and practical courses/programs for students on rules, regulations and working of attorney offices and civil courts, fundamental rights (human and constitutional), child rights, civil law, criminal law, English and computer literacy etc. Moreover, they emphasized that long term capacity building program and resources allocation for research is also required. A faculty member further suggested that case studies should be discussed with students to help them better understand real cases.  Faculty members further suggested that capacity building programs need to be long term and implemented regularly.  Similarly trainings on IT, management, admin &finance and data management are suggested for the administrative / office employees of department and justice stakeholders.
  • 50. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 47 ANALYSIS OF SEMI-STRUCTURE INTERVIEWS WITH FACULTY OF SHARIA The Faculty of Sharia Law at University of Herat comprises 30 academic staff. A sample of ten faculty members i.e. nine male and one female were planned to be interviewed. However, only five male faculty members were interviewed from for academic staff of Sharia Faculty of thirty. The specific details of faculty members‟ interview:  Only one faculty member out of five interviewed possessed master‟s education while the remaining four had bachelor‟s degree.  Four faculty members were from Holy Exposition discipline while one was from Islamic Studies discipline. The respondents of interview with faculty are given as Annex-4. For ease in analysis the interview was divided in three basic themes – teaching of legal education, capacity building and recommendations. The findings of semi-structure individual interviews with Faculty of Sharia Law are presented in the following passages. TEACHING OF LEGAL EDUCATION ROLE AND FUNCTION The major role and function of the faculty is teaching Sharia Law, Islamic Studies etc. and training students in judiciary system and developing them as professionals for justice positions. TEACHING METHOD AND QUALITY OF TEACHING All the five respondents declined to answer the question and suggested that this question might be asked from the students. STUDENT SATISFACTION WITH TEACHING METHOD All the five respondents declined to answer the question and suggested that this question might be asked from the students. SATISFACTION WITH CURRICULUM OF SHARIA LAW  Only 1 faculty member out of five interviewed expressed satisfaction with the curriculum of the Sharia Law
  • 51. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 48  Similarly only 2 faculty members expressed that there are issues with the curriculum and needs to be revised / changed  While, the remaining 2 staff members interviewed did not express any opinion Regarding students satisfaction with the curriculum of Sharia Law, all the respondents declined to answer. CHANGES AND IMPROVEMENTS IN CURRICULUM OF SHARIA LAW As regards to bringing improvement and changes in curriculum if needed all the five respondents did not answer the questions. PROBLEMS FACED IN TEACHING Regarding problems faced in job/teaching:  Four faculty members expressed that they face various problems like lack of textbooks, teaching materials and academic resources so as to prepare lectures for students. Moreover, one faculty member also pointed out that few subjects that are needed are not offered.  While one respondent declined to answer. PROBLEMS FACED BY STUDENTS AND EFFORTS FOR SOLUTION Regarding problems faced by students and efforts for their solution:  Four out of five faculty members expressed that major problems that students face are lack of textbooks, academic material and study resources in library. Moreover, two respondents also highlighted the problem of dorms/hostels for students.  They further expressed that nothing significant has been done for solution of these problems.  Only one faculty member expressed that students do not face any problem. CONDITION OF LIBRARY As to the condition of library, out of five respondents:  3 expressed that condition of library is fair, however, there is a lot of improvement needed and new books need to be stocked in library particularly on Sharia Law, General Law, criminology etc. One faculty member further expressed that library has Irani books while we need books relevant to Afghanistan context.
  • 52. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 49  While 2 faculty members expressed that situation of library is not satisfactory and needs to updated and stocked with relevant books and academic resources so that both teachers and students can benefit. CHALLENGES FACED Responding to question regarding challenges faced as faculty member and how could these be overcome:  All the five faculty members had faced various challenges / problems.  4 out of five faculty members mentioned that lack of academic resources is the biggest challenge they face.  2 faculty members stated that lack of resources for research and teaching material is a big concern/challenge for them.  2 faculty members expressed that teaching hours are long, limited facilities (transportation) and interference in work responsibilities are the challenges they encounter. Regarding overcoming these challenges, they expressed that resources need to be allocated for provision of academic resources and teaching material, research activities, facilities (transportation etc.) and capacity building of staff. LEGAL SUBJECTS/STUDIES NEEDING EXPANSION The respondent opined that the following subjects need improvement: a. Law & Sharia Law b. International Law c. Inheritance Law d. International Relations e. Political Science f. Rules & Regulation of Civil &Punishment Courts g. Criminology h. Domestic laws (specific laws passed by the government of Afghanistan) i. Interpretation of Law (interpretation of different laws such as civil law… etc.
  • 53. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 50 CAPACITY BUILDING FORMAL ON JOB TRAINING / CAPACITY BUILDING The University of Herat has organized capacity building workshops on Teaching Methods, Research Methods and Credit Academic system for its faculties. These events were conducted by the university itself.  All the five respondents had participated in some of the capacity building workshops organized by the University of Herat.  4 faculty members opined that these capacity building events were quite effective and proved useful. However, one faculty member declined to answer.  Regarding any present or planned future capacity building event all the five faculty members interviewed expressed no knowledge.  Similarly all the five faculty members considered capacity building events important for both teachers and students as well for justice stakeholders.  3 respondents emphasized the need for pursuing Masters and PhD courses by the teachers so that their knowledge base is enhanced. SUGGESTIONS The suggestions/recommendations of the faculty members interviewed:  The faculty members opined that capacity building programs are necessary and important for teachers as new developments are taking place. Capacity building programs are required to update faculty‟s knowledge on law and related aspects.  They suggested capacity building on trade, finance, taxation and other related laws, research methods, new and advanced methods of teaching and the updates that have been incorporated in Sharia Law subjects.  The respondents also emphasized on the importance of technical trainings and practical programs for students on rules, regulations and work of attorney offices and civil courts, family law, inheritance law, English and computer literacy etc.  One faculty member further suggested that capacity building programs should be implemented regularly and for a long duration; moreover its impacts should be assessed.  Similarly trainings on IT, management, admin &finance and data management are suggested for the administrative / office employees of department and justice stakeholders.
  • 54. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 51 ANALYSIS OF FGDS WITH STUDENTS OF LAW AND SHARIA Focus group discussions were conducted with students of Faculty of Law and Sharia of University of Herat. The main purpose of conducting FGDs was to assess the satisfaction of students with teaching method, curriculum, stock in library, challenges faced and past capacity building initiatives as well as suggestions for future capacity building requirements. The details of respondents of FGDs with students are:  A total of eighteen students from Attorney and Law Department of Faculty of Law – ten male student and eight female students  Similarly a total of seventeen students from Faculty of Sharia Law – nine male student and eight female students The FGDs with male and female students were held separately. Analysis of FGDs with students is given in the following passages. LEGAL EDUCATION During FGDs different aspects were discussed with students. The findings from these are briefly presented below: TEACHING METHOD  The male students of the Sharia Law Department stated that few teachers have Master‟s degree while majority of the teachers have Bachelor‟s degree and their teaching abilities are weak, requiring improvement. The content taught is mostly from Iranian sources and has limited relevance to Afghanistan context. They expressed an average satisfaction level with the teaching methods. The male students suggested that Master‟s and PhD Teachers might be hired for teaching. Moreover, seminars and workshops need to be held for teachers on teaching methods and Afghan academic resources should be taught to the students.  The female students of the Sharia Law Department stated that the teaching abilities are weak as most of the teachers have Bachelor‟s degree while only few have Master‟s degree. They expressed satisfaction with the teaching method of experienced Professors with Master‟s Degree while they were less satisfied with teachers having an earned Bachelor‟s Degree. The female students expressed the need for improvement in teaching method through seminars and workshops for teachers on teaching methods and behavior with students. These are important factors for students and significant improvement in this regard is needed.  The male students of the Sharia Law Department stated that although the teaching method is generally good, there are instances when subjects are not taught by
  • 55. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 52 relevant teachers or teachers have limited knowledge on the subject. The male students expressed that there is a general need for change in the teaching methods, they suggested: o The educational qualification of the teachers needs to be enhanced i.e. more qualified teachers might be recruited, o Practical work and examples need to be given to students along with theoretical knowledge, and o Teachers should be provided trainings on teaching methods.  The female students of Sharia Law Department stated that studies in their faculty are generally good; however, there is a need for improvement in teaching methods. The female students expressed that they are not satisfied with teaching method of faculty. They expressed the need for higher qualified teaching staff having Master‟s and PhD. Moreover, they suggested improvement in teaching methods through seminars and workshops for teachers on teaching methods and behavior with students. CURRICULUM  Both the male and female students of the Sharia Law Faculty expressed dissatisfaction with the curriculum and suggested improvements in it. They suggested inclusion of relevant and technical subjects in the curriculum. Subjects of Child Law, Islamic Law, Rules of Jurisprudence, Laws dealing with water resources, like environmental law, English and IT subject might be offered in the course. Moreover, female students expressed that technical subjects should have higher credit scores.  Both the male and female students of the Department of Sharia Law expressed dissatisfaction with curriculum and suggested improvements in it. The students of Sharia Law emphasized that subjects that are not related need to be removed from the course and subjects like Law of heritage, criminology, legal clinics, regulation of courts and justice in Afghanistan, Islamic and Fiqha Law might be added in the course. Moreover, female students expressed that technical subjects should have higher credit scores. CHALLENGES  The students from both faculties i.e. the Law Department and Sharia Law Department expressed mostly similar challenges that they face as students. Few significant challenges are: o Lack of technical law education and academic resources i.e. books, internet access, research etc.
  • 56. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 53 o Lack of qualified teachers and low standard of teaching o Lack of practical learning and research opportunities etc. CONDITION OF LIBRARY  All the students from both faculties expressed dissatisfaction with the condition of library and emphasized the need to update the library with relevant academic resources. They expressed that the library is lacking books on major subjects. The students face difficulties in doing their assignments as books and relevant academic material is not available in the library. Students also expressed that the library contains books from Iran which are not relevant to Afghan context. They further informed that there are books that have been translated from English and Arabic to Dari but the library does not have them. Moreover, the students from the Sharia Law Faculty stated that the library should be equipped with books on Islamic and Fiqha Law, criminology, family law, civil law and legal clinics etc. CAPACITY BUILDING AND SUGGESTIONS Similarly discussions were held with students on capacity building initiatives and their suggestions for capacity building needs. The findings are presented in following lines: WORKSHOPS AND SEMINARS  The male students of department of Law participated in some workshops organized by international organizations like ILF-A, UNDP and legal clinics etc. These workshops were on legal clinics, fundamental rights, legal issues, criminal law penalties and punishments, civil rights, human rights and working of Judiciary etc. However, they expressed that these workshops were of limited benefit as the timing of event and the trainer were not adequate.  While, the female students of the Sharia Law Department had not participated in any workshop.  Both the male and female FGD respondents from the Department of Sharia Law reported that they attended workshops / trainings from different organizations including legal clinics, IDLO etc. on fundamental rights, civil rights, rules & regulation of courts. These workshops have been effective and students expressed that practical parts of these workshops has been helpful to them; however, but reported that further efforts are needed for improvement. CAPACITY BUILDING
  • 57. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 54  All the respondents from both departments opined that capacity building events are very important and needed as they enhance their capacity and academic knowledge on legal issues. The respondents further stated that capacity building events need to be designed according to the needs of students and timing should be suitable so that maximum benefit is availed. The students suggested following capacity building initiatives for improvement in working with justice stakeholders: o Rules and regulations of courts o Events on fundamental human and civil rights o Afghanistan Law and Sharia Law o Research techniques o English and computer literacy, and o Practical opportunity for students to observe the judiciary system etc. SUGGESTIONS Students made following suggestions for capacity building events:  Capacity building programs for employees working in justice institution  Similarly capacity building events for teachers and students  These programs should be designed to suit the needs of students and teachers  Capacity building programs should be delivered by qualified and experienced trainers / academics  The duration and timing of these events should be appropriate so that maximum benefit is availed
  • 58. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 55 Section V LIMITATIONS OF SURVEY As is the case with any field survey certain limitations are encountered. Same is the case with this baseline survey, during the course of field survey the AMMC project team came across different challenges. FIELD CHALLENGES  The AMMC field team at the onset of project conducted meetings with all stakeholders. Despite some initial hesitations, the deans of the Faculties of Law and Sharia agreed to participate in the survey.  While the survey with the Faculty of Law was smoothly carried out, the Faculty of Sharia was reluctant to participate in the survey. Out of thirty academic staff, only five teachers agreed to give interviews. Moreover, not all questions were answered by the teachers. Furthermore, the checklist data was not shared with the field team.  In the Department of Justice a number of employees were related to administration and management so they did not have the requisite knowledge on justice and legal issues and were not able to answer most questions during interview as it wasn‟t related to their field of expertise.  Similar was the case with the department under DoJ, few staff were interviewed who were performing administrative and finance functions. They were not directly related to the justice issues and were unable to answer most of questions.  Another challenge in the DoJ offices (Hoqooq, Juvenile and Legal Aid)was the unavailability of staff members due to their work loads. Thus, it was quite difficult for them to manage time for interview.  Similarly few staff members were busy with workshops or on visits, thus the field team could not interview them. LESSONS LEARNED The following are the lessons learnt from the baseline survey:  Before initiating field survey ample time needs to be allocated to sensitization of target groups. They should be oriented on the objectives of survey and use of the information collected. This will help in effectively and efficiently collecting the requisite information.
  • 59. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 56  Time duration for surveys need to be flexible to account for contingencies. This would help in achieving targets.  Similarly, the selection of sample needs to be specific and objective oriented. Only relevant sample needs to be drawn and surveyed. This would help in collecting the relevant and requisite information.  Furthermore, suitable time for field survey needs to be selected. If timing is not right this can affect the quality of information collected.
  • 60. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 57 Section VI RECOMMENDATIONS As the report highlighted, there are areas and issues that need improvement and intervention in the justice sector. Some of the issues are common among all the stakeholders while others are specific to some of them related to the type or work and services they deliver. Since the main goal of the study was to highlight the capacity building and trainings needed for the staff of the DoJ as well as the professors and students of the faculties of law and Sharia, the following recommendations are made and more focused to the capacity building for the staff justice sector.. 1. To perform their duties well and properly the justice sector should increase the number of their professional/skilled staff at their offices, both administrative and legal professional staff. 2. In order to increase the efficiency of the justice sector, current staff should take capacity building programs according to their job and role to be able to perform their duties and responsibilities well. 3. In the light of the staff interviews, administrative staff of justice sector should be trained on the basic concepts of law and rights to be able to work with people and clients and help the professional members of the department in a better way. 4. The administrative staff needs higher professional trainings on administration / management, finance and computer skills and other relevant skill to be able to perform their duties professionally. 5. Given the fact that all the offices of Huquq and other justice departments provide services for a vast group of people they need a professional database to record the cases referred to their office and the services they provided to them. All the departments of the Justice sector should have professional databases according to their services for recording the cases referred to them and the services they provided. 6. Since the staff only has basic computer literacy, they need to be trained more professionally how to use these databases and other relevant computer programs. 7. Most of the staff of justice sector still work and record their work on papers, not computers. Hence the offices should be supplied with desktop and laptop computers before creating a database. 8. Given the fact that only few cases of the disputes are referring to the formal justice system because of people‟s lack of knowledge of law and rights and mistrust to the
  • 61. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 58 system, first of all, people need to be aware of the formal justice system and how they can access to it. (community awareness programs on basic law, rights and formal justice system) 9. Since one of the reasons that community refer to informal/customary law for resolving their disputes is the fact that it is easy to access that law, the government should plan to spread the formal justice system to all over the country and provide the access to justice for all in urban as well as rural areas so that people have easy access to formal justice system. Other non-governmental organizations can contribute to this through awareness raising programs among the communities to introduce the formal legal system and its benefits to them. 10. Another important reason for the mistrust of people in the formal justice system is the corruption which people believe it exists in the formal judicial system. To build the trust of the community into the formal justice system corruption should be tackled through targeted interventions aiming at increasing transparency at all levels in the justice system. Since most of the professional staff of the justice system lack professional knowledge on laws and rights, they should receive further trainings on Legal Codes of Afghanistan, Law of Inheritance, Civil Law and Family Law etc. 11. Given the fact that the staff of Huquq and justice department are not only doing legal awareness raising on the formal justice system, rather they provide practical services to settle and resolve disputes, they need professional practical trainings on how to work on cases and with people. 12. Working with children who are accused of or have committed crimes, professional staff of the Juvenile Center need professional trainings on Child Psychology, Psychological Counseling Skills, and Children‟s Rights, to be able to interact with and understand them better.. 13. Teachers at the dormitory of the Juvenile center need professional trainings on Teaching Methodologies and behavioral skills to work with and teach children with special needs. (children who are accused or have committed crimes or have been brought up out of home and family on the street or orphanage) 14. All staff of the Juvenile Center, particularly the administrative staff need basic and higher professional trainings on management and computer skills to be able to perform their duties and responsibilities in a much professional way. 15. The professional staff of the Juvenile Rehabilitation Center needs more professional trainings on Basic Rights and Law, Civil Codes, Children Rights and Law and Children Psychology. 16. Given the fact that the Staff of the legal aid clinic who provide services to the poor people and trainings to the students are not all professional with enough knowledge
  • 62. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 59 and expertise, they need trainings especially on Principles of Justice, Laws of Inheritance, Civil Law, Business Law, Criminal Law and Attorney-ship. Similarly few specific Recommendations have been identified from the data/interviews with professors and students, as well as admin staff, of the faculties of Law and Sharia of the University. 17. Administrative staffs of the faculties of law and Sharia need professional administrative trainings especially on filing system, data recording, students management (related to the students‟ registration, recording their history/marks and other routine administrative work), and more specifically on how to work in credit system (the semester system) and creation of databases. 18. Academic staffs of the faculties need fellowships and scholarships to upgrade their professional academic knowledge to be able deliver better teaching to the students. 19. The academic staff of the faculties of law and Sharia need professional trainings on teaching methodologies for better performing their duties and delivering teaching services to the students. 20. Since the research is a new phenomenon at the higher education bodies in Afghanistan, and the academic staff and students are not familiar with the professional methods and techniques of research, they should receive professional trainings on research methodologies. 21. Since there have been little attention and consideration to research at the higher education system and the curriculum, academic staff of the faculties and their students don‟t know much how to design, conduct a research project and how to collect the data and then do the analysis of the data and write the research report. The academic staff and the students of Law and Sharia need professional trainings and practical research projects to be able to learn and practice field and social researches especially in field of law, rights and related issues. 22. The faculties and students need basic and professional trainings on the software like SPSS (Statistical Package for Social Science) to do the quantitative analysis of the data collected through field work. 23. Given the fact that the book and reading material are the most important and needed items for the students and professors in teaching and learning institutions like university, a professional and well stocked library is fundamental to each department. The library of the faculty of law needs to be well stocked with professional and reference books and text books on all fields of law and rights such as fundamental law, Justice System, human rights and family rights, business law etc.
  • 63. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 60 24. The library of the faculty of Sharia also needs to be stocked with reference books on jurisprudence, Islamic sharia law, human and fundamental rights, criminology, etc. 25. The current curriculum of both faculties of law and Sharia need to be revised and upgraded according to the demand of the market and the new academic standards. 26. To update the curriculum and upgrade the professional knowledge of the professors, the faculty of law should be linked with a partner, a university abroad to co-construct the teaching and academic system in collaboration with that institute. 27. Since the students of the faculties of Law and Sharia do not learn all the skills and knowledge they need to prepare them for professional work as attorneys, judges, lawyers at the university, they need professional trainings to learn more useful and necessary applied knowledge on justice and legal issues.
  • 64. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 61 Section VII ANNEXURES ANNEXURE 1 INTERVIEWS WITH DOJ AND RELATED DEPARTMENTS Notes 1. A total of XXX Interviews will be conducted in with the selected respondents from justice stakeholders involved first-hand in dealing with legal / justice issues. 2. The aim of the interviews will be to obtain in depth information about the capacities of the staff of the Department of Justice (DoJ), their roles, trainings attended and requirements, problems faced, steps needed for improvement of overall justice sector. „Part 1: Profile of the Interviewee gathers basic information about the interviewee and organization. 3. „Part 2: Key Justice Issues and Capacities‟ explores how the interviewee resolves justice issues, their perceptions of challenges to access to justice, enhancing capacities and recommendations for improvement. Province/District: Date of the Meeting: Name of the Interviewer: Location of interview: Date/Time: Consent to be interviewed given? Yes/No Introduction: Purpose of the interview, what we will do with the information gathered, confidentiality etc. 1. Part 1: Profile of the Interviewee Name of interviewee:________________________________________________________ Educational level of the interviewee: ___________________________________________ Major / discipline: __________________________________________________________
  • 65. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 62 What organization do you work for? ____________________________________________ Type of organization: _______________________________________________________ What is your position: __________________________________________________ What is your professional responsibility? ________________________________________ How long have you held this position? __________________________________________ In which area/region do you work? _____________________________________________ Have you worked in other areas/regions? ________________________________________ If yes, which areas/regions? __________________________________________________ Contact information: _________________________________________________________________________ _________________________________________________________________________ 2. Part 2: Key Justice Issues and Capacities 2.1 What is the role your organization plays in resolving justice problems in your community? _________________________________________________________________________ _________________________________________________________________________ 2.2 How many people have accessed the organization for support in the last 2 years? How do communities access the organization/department? _________________________________________________________________________ _________________________________________________________________________ Note: For DoJ Staff, they may be able to provide: Number of Cases Filed in the last 2 years (i.e. Jul 2011to June, 2013):_______________ Number of Cases Resolved (i.e. Jul 2011to June, 2013):_______________ Number of Pending Cases (i.e. Jul 2011to June, 2013): ______________ 2.3 What are the most common types of problems you are asked to resolve? (who seeks your assistance, who does not) _________________________________________________________________________ _________________________________________________________________________ 2.4 How do you/your organization engage in resolving these problems (methods used)? _________________________________________________________________________ _________________________________________________________________________
  • 66. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 63 2.5 Under what circumstances would you refer to another decision-making body i.e. courts, district administration etc. _________________________________________________________________________ _________________________________________________________________________ 2.6 What are the key challenges you/the organization face in carrying out your role? _________________________________________________________________________ _________________________________________________________________________ 2.7 What are the key challenges for members of the community in seeking solutions to their justice problems? _________________________________________________________________________ _________________________________________________________________________ 2.8 What steps could be taken to improve community members‟ access to justice? _________________________________________________________________________ _________________________________________________________________________ 2.9. Do you use IT software in your daily work, especially for data management? If yes, please describe which software is in use. _________________________________________________________________________ _________________________________________________________________________ Capacity Building 2.9 Have you ever attended or attending any capacity building / training program? If yes please describe? _________________________________________________________________________ _________________________________________________________________________ What kind of trainings? Who conducted? Who were the participants? How many participants? When did the trainings take place? And for how long (duration)? 2.10 Has the training / capacity building program benefitted you? Please provide brief details as to how?
  • 67. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 64 _________________________________________________________________________ _________________________________________________________________________ 2.11 Do you think capacity building programs are beneficial to Justice Sector? What sort of capacity building program is needed to enhance capacities of Justice Stakeholders? Please specify the areas for improvements or capacity building. _________________________________________________________________________ _________________________________________________________________________ 2.12 Do you think awareness raising among communities is needed for improving justice sector? Please briefly elaborate your answer. ______________________________________________________________________ ______________________________________________________________________ 2.13 Would you like to attend any capacity building program? If yes, which specific aspects you would like to develop your capacity in? _________________________________________________________________________ _________________________________________________________________________ 2.14 What suggestions would you like to give for improvement of Justice Sector in general and capacity of Justice Stakeholders in Particular? _________________________________________________________________________ _________________________________________________________________________
  • 68. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 65 INTERVIEWS WITH FACULTIES Notes 1. A total of XXX Interviews will be conducted in with the selected respondents from Faculty of Law and Sharia of University of Herat. 2. The aim of the interviews will be to obtain in depth information about the capacities of Professors of Faculty of Law and Sharia, their roles, trainings attended and requirements, problems faced, steps needed for improvement of their capacity. 3. „Part 1: Personal information of the Interviewee gathers basic information about the interviewee and his educational background. 4. „Part 2: “Teaching and Perception of Legal Issues” explores information about teaching, students, curriculum and their perceptions of challenges to access to justice in society as a whole. 5. „Part 3: Provides information on capacities, enhancing capacities and recommendations for improvement. Province District: Date of the Interview: Name of the Interviewer: Part 1: Personal information of the interviewee: Name: Sex: Educational Level: Major: Academic Level: No. of years of experience as lecturer/professor: # Areas Responses 1 Name of the Department 2 Number of Staff
  • 69. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 66 Part 2: Teaching of Legal Education (for Faculty of Law and Sharia) 2.1. What are the main roles and functions of your office? Or Faculty? 2.2 What is the teaching method of Faculty? And what is the quality of teaching delivered to the students? 2.3 Are students satisfied with the teaching method? 2.4 Are you satisfied with the curriculum of Law / Sharia? 2.5 Are students satisfied with the curriculum? 2.6 In your opinion is there need to bring improvements in curriculum? If yes, what improvements are needed? 2.7 Can you (and faculty) can or do bring changes to the curriculum if needed according to the need of the market? 2.8 Do you encounter any problems in your job? If yes, what sort? 2.9 What sort of problems/hindrances‟ students of Law and Sharia face? 2.10 What efforts have been made to overcome these problems, if any? 2.11 What is the condition of library of Faculty of Law and Sharia? Is it well stocked with books on the subject? If yes, please briefly elaborate. If not, what steps need to be taken to improve library. On which legal matters would the library need to have more books? 2.12 What challenges do you face as a member of the teaching faculty/Office and how could these be overcome? E.g. lack of knowledge of the law, lack of authority, conflict of interest, lack of resources etc 2.13. What are the legal subjects/studies that in your opinion should be further expanded?
  • 70. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 67 Capacity Building 3.1. Has the Faculty received any formal on job training or capacity building? 3.2 What capacity building events has the Faculty or you attended? 3.3 Please inform about past capacity building events? - What it was about? - How many/Who attended? - Was it successful? - Has it proved beneficial to your work? 3.4 Is there any ongoing capacity building event? Please describe briefly. 3.5 Are there any planned future capacity building/training events? Please describe briefly. 3.6 Do you think capacity building events are necessary? If yes, for whom? Lecturers? Students? Staff? What sort of capacity building for each category? 3.7 What sort of capacity building events are needed for bringing improvement in the working of justice stakeholders? For lecturers? For your students? 3.8 Your suggestions for capacity building events? For the professors and lecturers of your faculty? What kind of trainings or improvements needed? Which areas? How to implement or conduct? Please explain……
  • 71. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 68 Questions Reference to Legal Clinic Q1 to Q8 4.1 What are the main roles and function of your office? 4.2 What kind of the services you provide for your clients? 4.3 Who are the main beneficiaries of your services? 4.4 What kind of cases refer to you most? 4.5 What kind of trainings do you provide for the students and other people? 4.6 Have you received any training related to your roles and function of your organization? 4.7 If yes, please explain: The title of the trainings: Who conducted the trainings: Who were the participants: 4.8 What kind of trainings do you need to deliver your services and roles better?
  • 72. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 69 CHECKLIST FOR FOCUS GROUP DISCUSSIONS WITH STUDENTS OF LAW AND SHARIA AT UNIVERSITY OF HEART Province /District: Date of the FGD: Name of the Moderator: Recorder: Number of Participants: 3. Part 1: Profile of the Students # Areas Responses 1 Name of the Department 2 Grade / Year of Students 3 Number of Students 4 Gender 4. Part 2: Legal Education (for Students of Faculty of Law and Sharia) 2.1 What is the teaching methodof Faculty? 2.2 Are you satisfied with teaching methodof Faculty? 2.3 In your opinion is there need to bring improvements in teaching method? If yes, what improvements are needed? 2.4 Are you satisfied with the curriculum of Law / Sharia? 2.5 In your opinion is there need to bring improvements in curriculum? If yes, what improvements are needed? Which subjects should be changed? Which subjects should be removed? Which subjects should be added? 2.6 What challenges do you face as a student of Law / Sharia? And how could
  • 73. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 70 these be overcome? E.g. lack of knowledge of the law, lack of resources etc. 2.7 What is the condition of library of Faculty of Law and Sharia? Is it well stocked with books on the subject? If yes, please briefly elaborate. If not, what steps need to be taken to improve library. On which legal matters would the library need to have more books? 5. Capacity Building 3.1. Have you ever attended workshops or on legal issues related to your discipline beside your classes at the university? Who conducted the workshops? What were the topics? How did you find it for yourself? Were they helpful for your profession and future work in your field? 3.2 Please inform about past capacity building events? - What it was about? - How many/Who attended? - Was it successful? - Has it proved beneficial to your work? 3.3 Do you think capacity building events are necessary? 3.4 What sort of capacity building events are needed for bringing improvement in the working of justice stakeholders? 3.5 Your suggestions for capacity building events?
  • 74. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 71 ANNEXURE-2 BASIC INFORMATION OF STAFF OF DEPARTMENTS Basic Information – Staff of Department of Justice S# Staff Designation Gender Educational Background Trainings Attended Languages IT Knowledge 1 *P1 Director Male Masters NA Dari, Arabic and English Ms. Office and Internet 2 P2 Logistic Manager Male High School Graduate Procurement, Admin & Finance, English & Computer and Logistics Dari Ms. Office and Internet 3 P3 Procurement Manager Male Undergraduate of Economic Logistics and procurement Dari Ms. Office and Internet 4 P4 Services Employee Male Undergraduate of Economics Management, Child Rights & Legal Aid Dari Ms. Office and Internet 5 P5 Services Employee Male Undergraduate of Law Management, Inheritance Law, Gender Equality Dari Ms. Office and Internet 6 P6 Public Administration and Finance Manager Male **14 Years education NA Dari and Arabic Ms. Office and Internet 7 P7 Finance Officer Male High School Graduate NA Dari and Pashto Ms. Office and Internet *Person 1 (Code Given for each interviewee i.e. person 1 interviewed and person 2 interviewed as P1 and P2) **This mean 12 years of school and 2 years teacher training.
  • 75. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 72
  • 76. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 73 Basic Information – Staff of Huquq (Legal Department) S# Staff Designation Gender Role and Function Educational Background Trainings Attended Languages IT Knowledge 1 P1 Head Male Overall Management, Control and Supervision *14 Years Education Inheritance Law, Trade Law, Basics of Law Dari, Pashto MS Word and Excel 2 P2 Admin & Operations Manager Male Reporting and Case Management Undergraduate of Law Inheritance Law, Family Law, Female Property Rights Dari, Pashto English MS Word 3 P3 Case officer Male Dealing with trade and social disputes cases Undergraduate of Law Inheritance Law, Trade Law, Basics of Law Dari No 4 P4 Case officer Male Dealing with dispute cases Bachelor in Sharia Law Inheritance Law, Trade Law, Basics of Law Dari MS Word 5 P5 Case officer Female Dealing with dispute cases Bachelor in Law Inheritance Law, Family Law, Female Property Rights Dari MS Office, Internet *This mean 12 years of school and 2 years teacher training.
  • 77. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 74 Basic Information – Staff of Juvenile Rehabilitation Department S# Staff Designation Gender Role and Function Educational Background Trainings Attended Languages IT Knowledge 1 P1 Head of Juvenile Rehabilitation Female Leadership and Direction Bachelor in Law & Political Science Child Rights, Women Rights Dari & English MS Word & Excel 2 P2 Operator Female Operations NA NA Dari & English MS Word & Excel 3 P3 Teacher Male Teaching Bachelor Interaction with Detained children Dari No 4 P4 Teacher Male Teaching Undergraduate of Law Children Rights Dari No 5 P5 Social Organizer Male Documents courier and follow up High School Graduate No Dari No 6 P6 Teacher Male Teaching High School Graduate Children Rights Dari No 7 P7 Manager of Dorm Male Dorm issues management & supervision High School Graduate Children Rights & Interaction with them Dari No 8 P8 Social Law Services Male Case Management Undergraduate of Law Interaction with detained children& Management Dari No 9 P9 Teacher Male Teaching Teacher Training Children Rights & Training for Children Dari No 10 P10 Admin Manager Male Administration Issues Bachelor Women Rights Dari No
  • 78. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 75 Basic Information – Staff of Legal Aid Department S# Staff Designation Gender Role and Function Educational Background Trainings Attended Languages IT Knowledge 1 P1 Head Male - Bachelor Inheritance Law English & Dari MS Office & Internet 2 P2 Legal aid Female - Bachelor Inheritance Law, Defense Law, Criminal Law English & Dari MS Word & Excel 3 P3 Legal aid Female - Bachelor Law and Attorney Dari MS Word 4 P4 Legal aid Female - Bachelor Rules and Regulations of Courts, Inheritance Law, Family Law Dari MS Word & Excel 5 P5 Technical Member Male - Bachelor Rules and Regulations of Courts Dari MS Word & Excel 6 P6 Technical Member Male - Bachelor Rules and Regulations of Courts Dari MS Word & Excel 7 P7 Head of Public Awarness Male - Bachelor Child Rights and Defense Law Dari MS Word & Excel 8 P8 Technical Member Female - Bachelor Rules and Regulations of Courts & Inheritance Law Dari MS Word & Excel 9 P9 Legal aid Male - Bachelor Child Rights and Justice for them, Defense law Dari MS Word & Excel 10 P10 Legal aid Male - Bachelor Criminology & Inheritance law Dari & Pashto MS Word & Excel
  • 79. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 76 11 P11 Advisor and legal aid person Male - Master Awareness on Trafficking, Inheritance Law, Family Law, Defense Law English & Dari MS Word, Excel & PowerPoint 12 P12 Legal aid Male - Bachelor Management, Leadership and Law Trainings Dari MS Word 13 P13 Legal aid Male - Bachelor Defense Law Dari MS Word
  • 80. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 77 ANNEXURE-3 TRAINING DETAILS Trainings – Department of Justice S# Training Title Status (past, ongoing, planned) Number of Events Beneficiaries Male Female Major Problems 1 Leadership Past 1 3 3 0 There were difficulties in understanding as trainers were foreigners and translation was not properly carried out. 2 Awareness on Laws Past 1 4 4 0 NA 3 Women Rights Past 1 3 3 0 NA Trainings – Huquq Department S# Training Title Status (past, ongoing, planned) Number of Events Beneficiaries Male Female Major Problems 1 Inheritance Law, Basics of Law and Trade law Past 2 5 4 1 The training provider did not carry out an assessment or
  • 81. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 78 consult with the department before implementation 2 Family Law Past 1 2 2 0 NA 3 Female Property Rights Past 1 2 1 1 NA Trainings – Department of Juvenile Rehabilitation S# Training Title Status (past, ongoing, planned) Number of Events Beneficiaries Male Female Major Problems 1 Children Rights Past 6 10 8 2 No 2 Public Awareness Past 2 10 8 2 No 3 Women Rights Past 1 5 3 2 No 4 Psychology Past 1 6 6 0 No 5 Inheritance Law Past 1 10 8 2 No Trainings – Department of Legal Aid S# Training Title Status (past, ongoing, planned) Number of Events Beneficiaries Male Female Major Problems 1 Defense Law Past 1 10 7 3 No 2 Family Rights and Rules of Civil Courts Past 1 3 0 3 No 3 Awareness on Trafficking Past 1 4 4 0 No
  • 82. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 79 ANNEXURE-4 RESPONDENT OF FACULTY INTERVIEWS Respondents Faculty of Law – University of Herat S.# Staff Gender Education Major Experience in years Name of Department 1 P1 Female Bachelor Law and Political Science 1 Public Law 2 P2 Male Bachelor Political Science & Legal Clinic 3 Public Law 3 P3 Female Master Comparative Law 5 Public Law 4 P4 Female Bachelor Judiciary and Attorney 4 Public Law 5 P5 Male Master Law and Political Science 7 International Relations 6 P6 Male Bachelor Political Science 1 International Relations 7 P7 Male Bachelor Judiciary and Attorney 2 Public Law 8 P8 Female Bachelor Judiciary and Attorney 2 Private Law 9 P9 Male Master Political Science & International Relations 2 International Relations 10 P10 Male Master Law 4 Public Law
  • 83. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 80 Respondents Faculty of Sharia Law – University of Herat S.# Staff Gender Education Major Experience in years Name of Department 1 P1 Male Master Sharia Law 11 Holy Exposition 2 P2 Male Bachelor Sharia Law 10 Holy Exposition 3 P3 Male Bachelor Sharia Law 8 Holy Exposition 4 P4 Male Bachelor Sharia Law 8 Islamic Studies 5 P5 Male Bachelor Sharia Law 12 Holy Exposition
  • 84. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 81 ANNEXURE-5 TRAINING NEEDS IDENTIFIED The Training Needs Identified by the justice stakeholders are given in the following tables. Trainings Needs Identified – Department of Justice and Related Departments Training Needs Identified S# Department of Justice Huquq Department Juvenile Rehabilitation Legal Aid 1 Awareness on Laws and Rights Training on the Legal Codes of Afghanistan Training on Child Rights and Child Psychology Training on Principles of Justice 2 Management and Administration Training on the Laws of Inheritance Training on Civil Laws and Justice Training on Laws of Inheritance, Civil Law and Business Law 3 Procurement and Finance Training on Civil Laws Training on Education Methods/Teaching Methods (for dormitory teachers) Training on Criminal Law 4 Computer Knowledge Awareness on Laws and Rights Awareness on Laws and Rights Awareness on Laws and Rights 5 Management and Computer Management, Administration and Computer
  • 85. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 82 Trainings Needs Identified – Faculties and Students of Law and Sharia Law Training Needs Identified S# Faculty of Law Faculty of Sharia Law Students of Law and Sharia Law 1 Teaching Methods Taxation Laws Rules and Regulations of Courts 2 Financial Laws Financial Laws Fundamental Human and Civil Rights 3 Taxation Laws Trade Laws Afghanistan Law and Sharia Law 4 Fundamental Rights Family and Inheritance Laws English and Computer literacy, and 5 Advanced Training on Social Research Methodologies and Data Analysis for the lecturers/academic staff of the faculties of Law and Sharia Law Trainings on Social/Applied Research Methodologies for the students of Law faculty 6 Management, Administration and Finance, IT and Data Management for office / administrative staff. Practical opportunities for students to observe the judicial system
  • 86. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 83 REFERENCES 1. Mohammad Hamid Saboory, The Progress of Constitutionalism in Afghanistan, Link: http://acku-koha-photos.osslabs.biz/cgi-bin/koha/opac-detail.pl?biblionumber=10103 2. A Guide to Researching the Law of AFGHANISTAN at the University of Michigan Law Library, Beatrice A. Tice, Foreign and Comparative Law Librarian, University of Michigan Law Library, April 10, 2003 3. Omar Sial and Md. ErshadulKarim, Islamic Republic of Afghanistan Legal System and Research, Published October 2010 Link: http://www.law.umich.edu/library/refres/Pages/researchguides.aspx (accessed 11 February 2008) 4. Timothy Mathews, The Afghanistan Analyst Law Bibliography, 4th Edition – January 2013, University of Maine School of Law, timothy.mathews@maine.edu 5. Ofurhe A. Igbinedion, The Legal Systems of Afghanistan: A Geographic Distribution, The University of Chicago, June 2009 Link: http://www.ofurhe.com/wp- content/uploads/2011/11/The-Legal-Systems-of-Afghanistan.pdf 6. Liana Sun Wyler and Kenneth Katzman, Afghanistan: U.S. Rule of Law and Justice Sector Assistance, Congressional Research Service, November , 2010, www.crs.gov Link: http://www.fas.org/sgp/crs/row/R41484.pdf 7. Anne-Catherine Claude AFGHANISTAN – Justice and Reconciliation, the Informal Justice System in Afghanistan, November 2010, Link: https://www.cimicweb.org/Documents/CFC%20AFG%20Justice%20Archive/Monthly_Inf ormal%20Justice%20System_November%202010.pdf 8. Michela Perathoner and others, Italy and the Rebirth of the Rule of Law in Afghanistan, The Italian contribution to justice reform over the decade 2001-2011, Translated by David Brodsky, First edition August 2011, Italian Development Cooperation Office – Italian Embassy, Kabul, www.coopitafghanistan.org 9. Anne-Catherine Claude AFGHANISTAN – Justice and Reconciliation, the Informal Justice System in Afghanistan, November 2010, (anne-catherine.claude@cimicweb.org) 10. Crown Quadrangle, An Introduction to the Law of Afghanistan Second Edition, Afghanistan Legal Education Project (ALEP), Stanford Law School, 2012, link: www.afghanistanlegaleducation.com, www.law.stanford.edu
  • 87. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 84 11. Tondini, M., 2010, „Statebuilding and Justice Reform: Post-Conflict Reconstruction in Afghanistan‟ Volume 26 of Cass Series on Peacekeeping, Taylor & Francis Group 12. Stone, C. et al., 2005, 'Supporting Security, Justice and Development: Lessons for a New Era', Vera Institute of Justice, New York, http://www.gsdrc.org/docs/open/CON24.pdf 13. Wilder, A., 2007, 'Cops or Robbers? The Struggle to Reform the Afghan National Police', Issues Paper Series, Afghanistan Research and Evaluation Unit, Kabul, http://www.areu.org.af/index.php?option=com_docman&Itemid=&task=doc_download&gi d=523 14. Tondini, M., 2007, „Rebuilding the System of Justice in Afghanistan: A Preliminary Assessment‟. Journal of Intervention and Statebuilding, http://dx.doi.org/10.1080/17502970701592272 15. Smith, D and Lamey, J, 2010 „A Holistic Justice System for Afghanistan‟ Policy note from Afghanistan Research and Evaluation Unit, 2010, „Speaking from the Evidence: Governance, Justice and Development: Policy Notes for the 2010 Kabul Conference‟ Afghanistan Research and Evaluation Unit, http://www.humansecuritygateway.com/documents/AREU_SpeakingFromTheEvidence_ PolicyNotesForThe2010KabulConference.pdf 16. Wardak, A., Saba, D. and Kazem, H., 2007, 'Bridging Modernity and Tradition: The Rule of Law and the Search for Justice', Afghanistan Human Development Report 2007, Center for Policy and Human Development, Kabul University, and Army Press, Islamabad, Link: http://www.reliefweb.int/rw/RWFiles2007.nsf/FilesByRWDocUnidFilename/RMOI- 793N8P-full_report.pdf/$File/full_report.pdf 17. Ali Wardak, Building a post-war justice system in Afghanistan, University of Glamorgan, UK, 2004 18. AFGHANISTAN IN 2 0 1 0, A Survey of the Afghan People, Edited by Ruth Rene, Published by The Asia Foundation, 2010 19. Astri Suhrke and Kaja Borchgrevink, Negotiating justice sector reform in Afghanistan, 2007 link http://www.hsrgroup.org/documents/CMI_Afghanistan_NegotiatingJusticeSectorRefrom. pdf 20. National Priority Program Five, Law and Justice for All, Final Draft for Endorsement at the Governance Standing Committee, June 2013 Link: http://www.thekabulprocess.gov.af/images/npps/gov/GOV-NPP5-JFA.pdf
  • 88. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 85 21. LAW ON ORGANIZATION AND JURISDICTION OF COURTS OF THE ISLAMIC REPUBLIC OF AFGHANISTAN, Official Gazette No. 851 Published (May 21, 2005) Link: http://supremecourt.gov.af/Content/Media/Documents/OG_0851_org_juris_english57201 1105435388553325325.pdf 22. The Clash of Two Goods, State and Non-State Dispute Resolution in Afghanistan, Thomas Barfield, Neamat Nojumi, and J. Alexander, Their: 2006, Link: http://www.usip.org/sites/default/files/file/clash_two_goods.pdf 23. UNDP 2007 Afghanistan Human Development Report, Link: http://hdr.undp.org/en/reports/nationalreports/asiathepacific/afghanistan/afghanistan_20 07_en.pdf 24. Afghanistan in 2010,A Survey of the Afghan People, Edited by Ruth Rene (2010), Asia Foundation, Link: http://asiafoundation.org/resources/pdfs/Afghanistanin2010survey.pdf 25. Bureau of Democracy, Human Rights, and Labor, 2007, Published in March, 2008, link: http://www.state.gov/j/drl/rls/hrrpt/2007/100611.htm 26. Astri Suhrke and Kaja Borchgrevink, “Negotiating justice sector reform in Afghanistan”, 2008, Link: http://www.tawanmandi.org.af/knowledge- portal/Negotiating%20justice%20sector%20reform%20in%20Afghanistan.pdf 27. Afghanistan Rule Of Law Project, Field Study Of Informal And Customary Justice In Afghanistan, And Recommendations On Improving Access To Justice And Relations Between Formal Courts And Informal Bodies, Link: http://www.usip.org/sites/default/files/file/usaid_afghanistan.pdf 28. Law of the Structure and Authority of the Attorney General’s Office, Official Gazette No: 738, April, 1991, Link: http://www.asianlii.org/af/legis/laws/loagos1967ogn73p1967030613451215a611/
  • 89. Baseline Study Report 2013 Afghan Management & Marketing Consultants Page 86 REPORT BY: Afghan Management and Marketing Consultants (AMMC) Address: Karte 3, Near Shura Street, Kabul Afghanistan Website: www.ammc.com.af Email: alokozay@ammc.com.af Phone: +93 752021262