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Armytage: Afghanistan Strategy, 2005
 

Armytage: Afghanistan Strategy, 2005

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Judicial Development Strategy, Supreme Court, Afghanistan, 2005

Judicial Development Strategy, Supreme Court, Afghanistan, 2005

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    Armytage: Afghanistan Strategy, 2005 Armytage: Afghanistan Strategy, 2005 Presentation Transcript

    • SUPREME COURT OF AFGHANISTAN
      • JUDICIAL EDUCATION
      • Needs Assessment
      • and
      • Strategy Proposal
      • 4 May 2006
      Needs Assessment + Strategy
      • " فاسئلوا اهل الذکر ان کنتم لا تعلمون "
      • ( النحل آیه 43)
      • Ask knowledgeable persons if you don’t know
      • Quraan
      • “ اطلب العلم من المهد الی اللحد ”
      • ( الحدیث )
      • Seek knowledge from the cradle to the grave
      • Saying of Prophet (PBUH)
      Needs Assessment + Strategy
    • PURPOSE
      • Assess needs for judicial education
      • Develop Supreme Court strategy
      Needs Assessment + Strategy
    • CONTENT
      • Part 1 : Assessment
        • 1. Methodology
      • 2. Supreme Court Data
      • 3. Judges’ Survey
      • 4. Stakeholder Consultations
      • Part 2 : Strategy Proposal
      • 1 . Strategy
      • 2. Leadership and governance
      • 3. Program of continuing judicial education
      • Part 3 : Next steps
      Needs Assessment + Strategy
    • Part 1
      • ASSESSMENT
      Needs Assessment + Strategy
    • 1.1 METHODOLOGY
      • Appraisal of Supreme Court data
      • Judges’ survey of training needs
      • Interviews of key stakeholders
      • Observations of court performance
      • Analysis of prior assessments
      • Assessment of prior/current short term trainings
      • Stakeholders’ workshop
      Needs Assessment + Strategy
    • I.2 SUPREME COURT DATA
      • Judicial population
        • 1415 judges - 1384 records
        • 97.3% male
        • Average age 47 years
        • Average 10.83 years of experience
        • 58.6 % in primary courts
      Needs Assessment + Strategy
    • 1.2 SUPREME COURT DATA
      • Qualifications
        • Sharia faculty - 44%
        • Law faculty – 11.6%
        • Other faculties – 7.7%
        • Non-university – 36.6%
          • Madrassa – 16.1%
          • Primary school - 1%
          • 12 (level) – 14%
          • 14 (level) – 5.5%
      • Trainings
        • Stage – 60.0% of the population
        • IDLO IJP
        • IDLO CIDA
        • MPI
        • ISISC
        • MSI/Checchi
        • Other
      Needs Assessment + Strategy
    • I.2 EDUCATION Needs Assessment + Strategy
    • I.2 APPOINTMENT Needs Assessment + Strategy
    • I.2 STAGE Needs Assessment + Strategy
    • I.2 TRAINING Needs Assessment + Strategy
    • 1.3 JUDGES’ SURVEY
      • Sample:
      • 157 judges nationally
      • 11.34% of the judicial population
      • 8 provinces + 31 courts
      • - Representative of total population.
      Needs Assessment + Strategy
    • I.3 FINDINGS
      • 57% completed stage prior to appointment
      • Case frequency
        • Criminal 42%
        • Civil 37%
        • Public security 14%
        • Commercial 7%
      • 54% Sharia graduates 21% non-university
      • Work time: 53.35 hours
        • Trying cases 41%
        • Investigating facts 12%
        • Administration 11%
        • Consulting colleagues 10%
        • Researching law 10%
        • Others: 16%
      Needs Assessment + Strategy
    • I.3 SUPPORT
      • Insufficient access to laws - 36%
      • No access to legal texts - 55%
      • Insufficient access to Supreme Court decisions – 83%
      • No mentor support – 81%
      Needs Assessment + Strategy
    • I.3 REASONS
      • Reasons for participating in training:
        • To acquire practical skills
        • To acquire knowledge of the law and procedures
        • To keep updated with new law and developments
        • To find solution to solve day-to-day problems in specific cases
        • To develop a sense of professionalism, responsibility and ethics
        • To understand the role of judge.
      Needs Assessment + Strategy
    • I.3 CONTENT
      • Preferences for content of training:
        • Sharia law, and civil law and procedure ( equal )
        • 3. Criminal law and procedure
        • 4. Professional skills
        • 5. Business law and procedure
        • 6. Court administration and case management
        • 7. Judicial role, ethics and conduct.
      Needs Assessment + Strategy
    • I.3 LEVEL
      • Judges rank importance of training:
        • Pre/post appointment induction (stage) training
        • 2. In-service continuing update training on recent developments
        • 3. In-service continuing training through sharing experience
        • 4. In-service specialization training.
      Needs Assessment + Strategy
    • I.3 FACULTY
      • Preferences for presenters:
        • Respected judges
        • Experts
        • University teachers.
      Needs Assessment + Strategy
    • I.4 STAKEHOLDER CONSULTATIONS ( Judges, lawyers, legal academic, representatives of civil society and donors )
      • Ignorance of constitution, substantive law, procedure
      • Lack of access to fundamental laws, information
      • Lack of understanding of judicial role, process
      • Lack of core judicial skills
      • Lack of training, and barriers to access
      • Limited educational effectiveness of training
      • Inappropriate appointments and qualification
      • University curricula out of date, requires harmonisation
      • Stage curriculum out of date
      • Corruption and erosion of ethics
      • Judicial inspection, disciplinary procedures ineffective
      Needs Assessment + Strategy
    • I.4 STAKEHOLDER CONSULTATIONS
      • Lack of modern comparative Islamic outlook
      • Out of date with laws
      • Ignorance of human rights
      • Lack of leadership, planning, coordination
      • Lack of case management systems, judicial administration
      • Lack of information management strategy
      • Erosion of judicial independence – institutionally, personally
      • Barriers of access for women
      • Under trained clerks, support staff
      • Related needs
      Needs Assessment + Strategy
    • I.4 DONOR TRAINING Needs Assessment + Strategy
    • I.4 DONORS/PROVIDERS
      • Reasons
        • To acquire knowledge of the law and procedures
        • To acquire practical skills
        • To understand the role of judge
        • To find solution to solve day-to-day problems in specific cases and To develop a sense of professionalism, responsibility and ethics (equal ranking)
        • To keep updated with new law and developments
      • Content
        • Professional skills
        • Criminal law and procedure
        • Civil law and procedure
        • Sharia
        • Court Administration and case management
        • Judicial role, ethics and conduct
        • Business Law
      Needs Assessment + Strategy
    • I.4 DONORS/PROVIDERS
      • Level of training
        • Up-date/recent development
        • Induction
        • Networking/experience
        • Specialist
      • Usefulness of instructors
        • Respected judge
        • Experts
        • University teacher
      Needs Assessment + Strategy
    • I.4 COMPARISON DONORS – JUDGES (Survey sample) Needs Assessment + Strategy
    • I.4 PRINCIPAL FINDINGS
      • Significant minority of judges (36.6%) not completed any university education in Sharia or law
      • Significant minority of judges (40.0%) not completed any systematic practical stage training
      • System-wide lack of fundamental judicial competencies in legal knowledge, judicial skills and conduct/outlook
      • Grave concerns about judicial corruption, and the lack of professional standards and disciplinary procedures
      • These foundational deficiencies have
        • de-professionalized the judiciary
        • eroded public confidence in the courts
        • require a major integrated strategic response which significantly exceeds existing short term training endeavours.
      Needs Assessment + Strategy
    • Needs Assessment + Strategy
    • SUPREME COURT OF AFGHANISTAN
      • JUDICIAL EDUCATION
      • Needs Assessment
      • and
      • Strategy Proposal
      Needs Assessment + Strategy
    • Part 2
      • STRATEGY PROPOSAL
      Needs Assessment + Strategy
    • 2.1 STRATEGY FRAMEWORK
      • GOAL
      • Ensure equal, fair and transparent access to justice for the people of Afghanistan
      • MISSION
      • Build the capacity and performance of the courts to administer justice by developing the professional competence of judges through training and related support
      Needs Assessment + Strategy
    • 2.1 DUAL STRATEGIES
      • Short term: current ‘Emergency’ stop-gap training for existing judges
      • Long term: immediate - year 5 Renew, modernise judiciary Restore professional foundations/standards
          • Appointment criteria, procedure
          • Qualification standards – university/stage curricula
          • Continuing judicial training
          • Monitor performance
          • Administer discipline
      Needs Assessment + Strategy
    • 2.1 OBJECTIVES
      • Address major identified needs:
        • Appointment standards, criteria
        • University education
        • Stage induction training
        • Improve competence
          • Knowledge, skills, outlook
        • Monitor performance, discipline
      Needs Assessment + Strategy
    • 2.2 LEADERSHIP & GOVERNANCE
      • Imperative for judicial independence
      • Judicial leadership
      • Court ownership
      • Institutionalisation of process
      Need
    • 2.2 KEY ACTORS
      • Chief Justice
      • Supreme Council of Judges
      • Judicial Education & Training Committee
      • General Administrator of the Judiciary
      • Inspector-General
      • National membership of judges
      • Community representation
      Needs Assessment + Strategy
    • 2.2 EDUCATION COMMITTEE & FACULTY OF TRAINERS
      • Select cadre of respected Afghan judges
      • Define mandate/role(s)
        • Stage, continuing judicial training
      • Allocate budget
      • Administrative support
        • Conferences, publications
      • Faculty training
        • Program management, pedagogy
      Needs Assessment + Strategy
    • 2.2 STANDARD-SETTING & IMPLEMENTATION
      • Appointment standards + practice
      • Qualification requirements > 5 years
      • Stage – selection + examination > 2 years
      • Performance monitoring + review criteria
      • Promotion and incentives
      • Disciplinary framework
      Needs Assessment + Strategy
    • 2.3 CONTINUING JUDICIAL EDUCATION PROGRAM
        • Objective
        • To improve legal knowledge, professional skills and judicial outlook of judges in service
        • Methods
          • Conferences, courses, seminars, workshops
            • curricula of core subjects: knowledge, skills, values
          • Study tours
          • On-the-job mentoring
          • Publications and materials
            • Benchbooks, manuals, digests, journals
      Needs Assessment + Strategy
    • 2.3 PROGRAM MANAGEMENT
      • Strategy
      • Needs
      • Services
      • Curriculum
      • Faculty
      • Evaluation
      Needs Assessment + Strategy
    • 2.3 CURRICULUM - What is it?
      • A curriculum provides the framework to help the Supreme Court to address training needs by planning what is to be taught, to whom and why .
      • It requires decisions to be made by the court about the subject matter, the relationship between segments of knowledge, skills and abilities, and their organization and sequence. It also offers a plan of the proposed learning outcomes and the means of reaching them.
      Needs Assessment + Strategy
    • 2.3 JUDICIAL TRAINING CONTENT INVENTORY
      • Sharia, substantive law, court procedure
        • To be assessed depending on the prior training, experience and duties of judges
        • Criminal law and procedure
        • Civil law and procedure
      • Judicial skills
        • how to conduct a hearing trial
        • control of courtroom
        • note-taking
        • legal research
        • admitting evidence
        • statutory interpretation
        • judgment writing and giving reasons
        • principled and uniform sentencing
        • administering natural justice, due process and fair trial
        • protecting human rights and civil liberties
        • resolving disputes and alternative dispute resolution (ADR)
      • Generic skills
        • Communication skills – written and oral
        • Time management
        • Computer skills
        • Coaching and mentoring
      • Judicial management
        • case management
        • administering courts: filings, fixtures, hearing lists
        • record management
        • registry management and practice
        • team leadership between judicial and court officers
        • judicial information technology and computer skills
        • managing complex litigation and commercial disputes
      • Judicial disposition – social context - outlook, attitude and values
        • judicial role, powers and responsibilities
        • judicial independence, impartiality, integrity and outlook
        • judicial review
        • judicial conduct and ethics
        • gender/race equality
      • Inter-disciplinary
        • To be assessed depending on the prior training, experience and duties of judges
        • Forensic scientific evidence: psychiatry and pathology – in criminal prosecutions
        • Financial accounting – in complex commercial disputes
        • Medico-legal fundamentals – in injury cases.
      Needs Assessment + Strategy
    • 2.3 CURRICULUM MATRIX Needs Assessment + Strategy CONTENT PITCH SHARIA, SUBSTANTIVE LAW COURT PROCEDURE JUDICIAL SKILLS ETHICS & CONDUCT INTER DISCIPLINARY INDUCTION ORIENTATION UPDATE CHANGE NETWORKING PROBLEM SOLVING SPECIALIST ADVANCED REFRESHER
    • 2.3 GUIDELINES
      • Improve competence and performance
      • Focus on practicality and relevance
      • Build knowledge, skills and values
        • it’s not just lecturing new judges on law
      • Facilitate self-directed learning, peer-based reflection
      • Active problem-solving process - workshops
      Needs Assessment + Strategy
    • 3. NEXT STEPS - PRIORITY ACTIVITIES
      • Supreme Court - Leadership
        • Settle and endorse strategy
        • Mandate Education & Training Committee to commence development of program
        • Establish Faculty + conduct training-of-trainers (ToT)
        • Develop core curricula of training courses:
          • Substantive law + procedure
          • Judicial skills
          • Judicial role, process, values, ethics
        • Establish publications unit
        • Develop and conduct regional training
      • Donors - Support
        • Review support strategies and resources.
      • Partnership of Supreme Court leadership and donor support.
      Needs Assessment + Strategy
    • Needs Assessment + Strategy