inovation in pakistani laws

1. Proposal
#------
PROPOSAL FORM
FOR
ACCESS TO JUSTICE DEVELOPMENT
FUND (AJDF)
AJDF Window Name: Legal Empowerment Fund
Title of the proposed Scheme / Project: Initiating Grass Root
Assistance for the Poverty Stricken & Marginalized
Communities by Establishing Alternative Dispute Resolution
Center (ADRC) In DGKhan District
Prop.Sign Agency /Organization / Individual: SHELTER
(NGO)
Sponsoring Agency: LAHORE HIGH COURT, LAHORE /
LAW & JUSTICE COMMISSION OF PAKISTAN,
ISLAMABAD
#Component
A-Introduction
a)Problem :
The target area of DG khan having around 1.8 Million
population, is said to be the most backward and disadvantaged
area of south region of Punjab and despite advent of 21 century,
there still lies a strong grip of social / political high ups
,powerful political representatives, Sardars / Waderas and
authoritative bureaucracy coupled with ever existence of acute
poverty hit situations, lack of awareness information &
knowledge about basic human rights , Low literacy rate ,neglect
attitude, behavior and practice towards handling various

2. prevalent common regional disputes ,personal grievances &
social rivalries etc .Consequently the victim communities of the
area while seeking relief & justice spend huge money and the
precious time go through a series of trial & trouble in terms of
laborious attendance of police stations and appropriate courts of
law having abundance of pending cases. Although, there still lies
at rural. / tribal level, a PUNCHAIT / JIRGAH System aiming
to resolve afore-mentioned issues but it is ironic that is going to
be deteriorated day by day and with the passage of time, is no
more functional in most of the parts of the target area. which
shows gravity of the situation and seeks urgent measures on the
subject to be undertaken by the active & efficient involvement /
joint venture of community influential, key actors or main
stakeholders and civil society organizations/NGOs under the
collaboration / support of judiciary while developing a concrete
& viable plan of action from district to provincial and onward to
federal level.
b)Consultation with the Stakeholders :
1 The applicant organization, SHELTER plans to address the
said issue by identifying victim cases seeking prompt
justice and developing strong links and close liaison with
key Stakeholders of the area besides initiating setting up
full equipped ADRC at district level.
c) Proposed Project & Justification
Let us see what the justification we have to incorporate the
legal term “Alternative Despute Resolution (ADR) under
SHELTER Initiative undertaken regarding Access to Justice
Development Fund.

3. The term "alternative dispute resolution" or "ADR" is often used
to describe a wide variety of dispute resolution mechanisms that
are alternative to full-scale court processes. The term can refer to
everything from facilitated settlement negotiations in which
disputants are encouraged to negotiate directly with each other
prior to some other legal process, to arbitration systems or mini-
trials that look and feel very much like a courtroom process.
Processes designed to manage community tension or facilitate
community development issues can also be included within the
rubric of community based ADR.
ADR systems may be generally categorized as negotiation,
conciliation/mediation, or arbitration systems. Negotiation
systems create a structure to encourage and facilitate direct
negotiation between parties to a dispute, without the intervention
of a third party. Mediation and conciliation systems are very
similar in that they interject a third party between the disputants,
either to mediate a specific dispute or to reconcile their
relationship. Mediators and conciliators may simply facilitate
communication, or may help direct and structure a settlement,
but they do not have the authority to decide or rule on a
settlement. Arbitration systems authorize a third party to decide
how a dispute should be resolved.
Two kinds of ADR have been practiced in Pakistan; traditional
ADR and public bodies based ADR. The formal refers to the
traditional, centuries old system (which was good for simple
cases but when it came to status quo issues, would readily
succumb to elite capture) including Panchayat (in Punjab) and
Jirga (in NWFP and Balochistan). The later includes the ADR
attached to public bodies and included Arbitration Councils,

4. Union Councils and Conciliation Courts. Arbitration Councils
were confined to issues of divorce, permission for second
marriage, and maintenance for existing wives. Union Councils
provided the arbitration forum (through elected councilors)
under Muslim Family law Ordinance 1961 and looked after a
few selected family related issues. Conciliation courts were
established under Conciliation Courts Ordinance 1961 and were
vested with limited civil/criminal/pecuniary jurisdiction.
Majority of the above initiatives were rendered ineffective as the
local councils (which had an important role in these forms of
ADR) were dissolved frequently and no clear strategies for
capacity building of the members of these bodies were ever
formulated.
Recent Initiatives regarding ADR in Pakistan
a. Code Of Civil Procedure (CPC) which is the primary
procedural law for civil matters in Pakistan , has been amended
(under AJP) for providing enabling mechanism for Court
Annexed ADR in Pakistan (Section 89-A)
b. Small Claims and Minor Offences Ordinance 2002 has
been promulgated for providing exclusive forum (at the district
level) for facilitating the resolution of smaller disputes. This law
also provides ADR mechanism for facilitating the resolution and
settlement of disputes within the framework of the formal court
system. This could be transformed into an excellent forum for
addressing disputes in the emerging justice sector in Pakistan;
c. Under the Access to Justice Program, the review of
Arbitration Act represents a significant policy action. This

5. review needs to be undertaken and capacity building initiatives
put in place to promote effective arbitration regime in Pakistan.
d. A new local government system has been introduced in
Pakistan, establishing elected local governments at the level of
Union Council, Tehsil (Sub District Level) and the District level.
The institution of Musalihat Anjuman (literally meaning
conciliation forums) has been provided at the level of Union
Councils for dispute resolution through ADR (including
conciliation, mediation and arbitration). The finalization of the
rules of Business for these bodies is essential to popularize the
use of ADR.
The proposed project shall explore the opportunities to promote
and encourage use of ADR at its fully equipped Center and
highlight its importance in providing speedy justice to victims
while streamlining district Courts functioning and overall
strengthening good governance in the country.
The key idea of establishing ADRC at district level (DGKhan) is
main alternative tool and solid mechanism of resolving relevant
local demand driven issues of the area. In other way we can
consider it exclusively new & innovative to be implemented by
SHELTER while leading to positive and viable outcome / impact
around 250 Community members as beneficiaries in 1 year
duration.
It can be generalized that with the coordinated working of
project staff & 100 functional Alternative Dispute Resolution
Groups(ADRGs)/ Key stakeholders , the core community need
of service delivery through operational ADRC along with
planed activities like awareness- raising campaigns and the

6. social advocacy / Mobilization can gear up the existing pathetic
situation of prevalent common regional disputes ,personal
grievances & social rivalries toward stronger legal, political and
societal commitment and provide maximum relief to the victim
cases through accessible, affordable and effective result
oriented justice .The history of Alternative Dispute Resolution
reveals its presence during 1400 years ago at Masjid-e-Nabvi
where Holy Profit Hazrat Mohammad (PBUH) used to make
gathering of the people to amicably resolve local disputes &
grievances. In addition, it was successfully implemented during
1800 BC in Middle East ,during 960 BC as mentioned in Bible
Wisdom Book.
The rationale of establishing ADRC is to ensure its following
main components
1 Encompassing Negotiation
1 Arbitration
1 Mediation
1 Fact Finding
1 Consensus Building
The salient features of establishing ADRC include provision of a
juncture & an easy to approachable point where every victim of
the dispute in that area may seek sustainable solution of their
dispute via efficient & effective Support of Project tean,ADRC
Shall also prove a ray of hope toward Human Rights Protection
& Development ,It shall also be instrumental to redress local
conflicts/grievances and minimize work load of related pending
cases in the district court. Such timely support shall be effective
to supplement in the efforts of key actors/stokeholds etc to
maintain peace, harmony and brotherhood in the region.
It is worth-mentioning that ADRC shall be started in the coming
month 2010. That Centre, first of its kind in South Region of

7. Punjab which is strictly bound to follow all the relevant section
regarding Constitution of Pakistan as well as exercising
international standard rules and code of ethics governing
mediation proceedings.
The ADRC is offering Mediation as an institutionalized
alternative dispute resolution (ADR) mechanism. This option is
available to the parties whose Commercial cases are either
pending before any court/ judicial forum, or who have not yet
filed a case in the Court
B-Objective
1 To Raise Legal Rights awareness and strengthen ADR
strategies / advocacy campaigns benefiting around 250
community members directly and 150,000 local population
indirectly who faced oppression / injustice within 1 year.
C-Outputs-Activities:
D-Duration: 1 year
E-Beneficiaries:
a)Direct Beneficiaries : around250 Community Members
b) Indirect Beneficiaries: around 150,000 local populations
F-Arrangements for Implementation and Sustainability: In
order to streamline and institutionalize for proper managing the
proposed project, the following designated personnel (mostly
Paid & rarely Volunteer Staff) shall be hired / engaged &
involved with the approval of the proposed project.
2 Project Manager (!)Male
2 Project Coordinator (!)Male
2 ADRC Legal Aid Cell (3 Male Lawyers,! Female Lawyer)
2 Community Mobilizes (1Male & 1Female)
2 Admin & Finance Officer (! Male / Female)

8. 2 Office Secretary / Computer Operator (! Male)
2 Office Boy (! Male )
Terms of Reference (TOR) of Project Staff
The project Manger assisted by Project Coordinator shall be
overall in-charge of the project and will be responsible to
supervise, manage and monitor/execute all the concerned
devised activities. ADRC Legal Aid Reform Cell shall
facilitate and support as service deliverers regarding handing
victim cases referred by ADRGs.
Community Mobilizes controlled by Project Coordinator
shall play their key role in better organizing the assigned
tentative field activities. Admin & Finance Officer shall
maintain Bank Vouchers, Receipts financial matters and
disburse staff salaries. Office Secretary / Computer Operator
shall help out in arranging office track record, activity reports,
periodic Progress Reports as advised by Project Manager /
Project Coordinator
Volunteer Staff
The volunteer staff includes
1 Shelter NGOs Members
1 District Bar Association
1 Philanthropists, local Lawyers/Social Workers, ADRGs,
Community Influential, key stakeholders & Judiciary
members etc.
1 Religious Leaders , local Land Keepers / Shopkeepers,
Teachers ,Police Officers, Numberdars /Chowkidar/Ex
U/C Nazims etc.
It is pertinent to mention that the related devised activities and
the benefits resulting from the said project shall continue
aiming to ensure its sustainability although it comes to an end.
In that context, new human & financial resources, volunteers,

9. business & Trade men, philanthropists, industrialist,
landlords, District Development Funds, seeking new donors
& INGOs etc.
G-Work Plan / Activity Schedule:
S
R
N
o.
Planed
Activity
1M 2
M
3
M
4M 5
M
6M 7M 8M 9
M
10 M 11
M
12
M
01
Establishing
project
office/ADR
C
x
02
Hiring
Project
Staff and
short
briefing
x x
03
Opening
Ceremony
of the said
project
x x
04
Identificatio
n of
victims/targ
et area and
formation of
ADRGs
x x x x x x
07 Opening
Ceremony
of the said
project
x x
08
Designing,
x x x

10. developing
and
Printing
IEC
material
09
Organizing
awareness
walk &
seminar
x x x
10
Monthly
Meetings of
ADRGs
x x x x x x x X
11
Celebration
of
Internationa
l Days
/Media
Coverage
x x x x
12 Mid Term
View (MTR)
x x
13 Monitoring
&
Evaluation
x x x
14 Submission
of Periodic
Progress
Report
x x x x x
15
Conclusive
Session /
x x
H-Monitoring & Evaluation Arrangements:
A Project Management Committee (PMC) shall be constituted

11. aiming to periodically supervise, monitor and evaluate all the
concerned activities of the target ares ie.Weekly, Monthly
,Quarterly ,Biannually and on Annual Basis .There shall be no
compromise on quality ,quantity and time frame as
mentioned in the project Document .In case of appearance of
any contingencies, misappropriation, misuse of
embezzlement of Project Funds
Likewise performance indicators are as under :
1 Developing community Contacts
1 Media Coverage Press Clippings & Photos
1 Activity Reports/.Periodic Reports etc
1 Attendance Sheets / Office Track Record
1 Gradual Reduction in the no. of cases
I –Counter part Resources:
The applicant organization, SHELTER shall play its pivotal
role while allocating its counterpart resources in terms of
paying project office rent, salaries of staff , and supply of
Vehicles for visiting field.
J-Resources from other sources:
No mention to say , Government functionaries often have
limited resources and hardly provide adequate funding to
the NGOs or Civil society Organization .Keeping in view
and following the best practice of other organizations. In
that context official correspondence is under way with
Ministry of Human Rights UNDP, Asian Development
Bank ,International Finance Corporation IFC) etc,

12. K-Budget Estimate:
Sr
No
.
Item
Unit Cost/
P/M
charges
In pak Rs.
Total Cost NGO’s
Share
Donor “s
Share
01
Project office Rent
With Utilities
10,000/- 1,20,000/- 120000 NIL
02
Utilities
6,000/- 72,000/- 72,000/- Nil
03
Furniture & Fixture
Computer &
accessories
1,000,00/- 1,00,000/- 1,00,000/- NIL
04 Field Mobility 2,50,000/- 2,50,000/- Nil
05
POL Charges
3,000,00/- NIL 3,00,000l
06 Opening Ceremony
of the said project
50,000/- NIL 50,000/
07
Designing
,Developing &
printing og IEC
Material
2,50,000/ 2,50,000/-
08
Organizing
awareness walk &
seminar
90,000/- 90,000/-
09 Monthly Meetings
of ADRGs
30,000/- 30,000/-
10
Celebration of
1,00,000/- 1,00,000/-

13. International
Days /Media
Coverage
11
Mid Term Review
(MTR)
1,00,000- 1,00,000-
12 Monitoring &
Evaluation
75,000/0-
`13 Conclusive Session 50,000/- 50,000/-
14 Staff Salaries
In a year
10,90.000/
-
10,90.000/
-
Total Expenses 26,77,000/-
L-Contact Information :0301-7515555
Contact Address : SHELTER Office,District Courts,DGKhan
Person Responsible : Majid Shakoor
Fax No .NIL
Telefone No.
email