Armytage: Afghanistan Strategy, 2005
Upcoming SlideShare
Loading in...5
×
 

Armytage: Afghanistan Strategy, 2005

on

  • 353 views

Judicial Development Strategy, Supreme Court, Afghanistan, 2005

Judicial Development Strategy, Supreme Court, Afghanistan, 2005

Statistics

Views

Total Views
353
Views on SlideShare
351
Embed Views
2

Actions

Likes
0
Downloads
3
Comments
0

1 Embed 2

http://www.linkedin.com 2

Accessibility

Categories

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

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

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