Presentation to the Senate of Pakistan's Committee of the Whole, setting out recommendations for strengthening rule of law (security and justice) services focusing on governance related challenges.

1. Suggestions for
Speedy & Inexpensive Justice
Presentation to the Committee of the Whole
The Senate of Pakistan
19 August 2015

2. • “ … a qualitative shift is required (from
piecemeal law reforms) to address the
“systemic” and structural issues hindering the
provision of speedy and inexpensive justice …”
• “… which the Senate may be best placed to
lead.”

3. Enforcing Law, Focus on Organisations
Organisation – fair, inclusive and impartial
(i) Structured oversight frameworks/mechanisms for parliament -
rigorous evaluation of implementation of law
(ii) Justice organizations to review their own laws and rules, and
submit their reports to the relevant parliamentary committees and
other oversight bodies
(iii) Annual reports submitted to Parliament with the required
information
(iv) Ombudsman conduct assessments to check the quality of
administration and notify standards for “good administration” and
transparency.

4. Focusing on Service Delivery
a clear focus is required on service delivery
and justice needs
(i) The determination of citizens’ justice needs as a performance
baseline and must conduct annual citizens’ needs assessments/surveys
(ii) Given the mandate, Ombudsman to conduct and publish citizens’
satisfaction surveys for justice sector organisations
(iii) Ombudsman and Information Commissioners to notify
focal/designated persons for each local justice sector office/unit for
public grievance redress and information provision

5. Service Delivery is Local
Local service delivery units is the weakest point
The Ombudsman offices and Information Commissioners
to:
(i) notify and implement transparency and good
administration standards based on
(i) regular assessments to address systemic failures and
setting suitable good administration and
transparency standards

6. The System Approach to the Justice
Sector Reform
• Systems approach necessary to address issues
multi-organisational, inter-related horizontal
process to strength the various point of service
delivery
• Provincial justice committees
• Rule of law reform narrative

7. Structuring Justice Organisations –
Functional Specialisation
re-structure justice organisations functionally, moving towards more
specialization to improve the quality of decision-making and service-
delivery
The respective justice sector organisations to:
(i) Formulate and implement timebound monitorable plans for
restructuring organisations based on functions
(ii) Formulate performance standards for each function
(iii) Develop monitoring and evaluation frameworks/systems
(iv) Formulate timed and monitorable plan for transitioning to
competency-based frameworks focusing on practical skills and
knowledge

8. Quality Assuring Justice Services &
Performance
There is no quality assuring of justice service delivery
There are no targets or standard setting to objectively assess the
quality and reach of service delivery
(i) Monitoring and evaluation frameworks and mechanisms may be
developed by for each organizational function
(ii) Formulate performance/target frameworks and quality
standards. This would greatly assist departmental planning and
external oversight including Parliament and Ombudsman offices
to evaluate and plan performance.

9. Mal-administration in the Justice Sector
A key challenge is “mal-administration” in the justice sector that is
increasing an already heavy caseload in the courts
… there is very little effort to address the critical “systemic”
challenges that are at the root causes of “mal-administration”
As per their mandate, Ombudsman offices may be required to:
(i) periodically conduct institutional, organizational and impact
assessments to report on the quality and reach of justice
services against good administration standards
(i) Information Commissioners need to ensure sufficient
transparency for effective monitoring/oversight and citizens to
assert their rights and claim their entitlements by issuing
transparency standards for the justice sector

10. Weak Implementation of Laws
Weak administrative and technical capacities are resulting in the weak
implementation of laws
Functional specialisation - develop specialised cadres
(i) Vacant positions need to be filled at the earliest
(i) Rationalise positions based on functional specialisation and
strengthening local service delivery units
(i) Each post and unit must have defined terms of reference with
performance targets to enable objective performance evaluation
(i) Posts open to direct recruitment to attract best person available
from the public and private sectors and enhance incentives to
retain such persons

11. The Information Technology
Opportunity
The application of information technology
provides a definite opportunity to reduce delays
and transaction costs, and enhance
transparency, integrity and efficiencies
• Situational analysis
• National justice sector automation plan

12. Regulatory Collapse
The prisons have one of the most elaborate regulatory
frameworks yet - not a single official or body providing
effective oversight to ensure the application of prison laws
and rules.
LJCP to monitor the quality of regulation through court
petitions and judgments, reviews and to make reform
recommendations
(i) Ombudsman to pconduct institutional, organisational and
impact assessments to strengthen the effectiveness of
regulatory frameworks and issue necessary good
administration standards

13. Ensuring Integrity
A key challenge is maintaining integrity
in the justice sector
Federal and provincial bodies and organisations to:
(i) Formulate monitorable plan for strengthening their integrity processes
and procedures
(ii) Implement a monitorable “zero-tolerance” plan for mal-administration
monitored by the relevant parliamentary committees and Ombudsman
offices
(i) (iii) The Ombudsman offices shall devise integrity (and transparency)
standards for organisations
(i) Formulate templates for parliamentary scrutiny

14. Designing Laws & Institutions Effectively
Effective laws and institutions need to be able to elicit voluntary compliance -
connecting to citizens’ values, needs and expectations
• Legal and public policy must be inclusive and participative taking into
account citizens’ experiences of the justice sector as the empirical basis
for reform
• (i) A right to consultation needs to be provided to ensure citizens’ input
on design and implementation of laws, policy and regulatory frameworks
and their modes of implementation and oversight
• (ii) Enhance the provision for civic oversight and monitoring
• (iii) The Information Commissioners to notify transparency standards to
ensure effective civic monitoring, oversight and engagement in policy-
making and service-delivery responsive to citizens’ needs.

15. Enhancing Reform Capacities
LJCP to strengthen technical and administrative capacities to effectively
coordinate and lead rule of law reforms as a policy hub to develop an
informed and broad-based national rule of law reform narrative.
• Rigorous, evidence-based and inclusive research methodology
• Law & Justice Commission of Pakistan is in the process of restructuring
and repositioning itself with the appropriate technical skill set
• The LJCP will adopt an inclusive “total solution” approach to law reform
that proceeds from implementation and impact as the empirical base to
formulating suitable legal policy and laws
• LJCP will also construct an evidence-base as a policy hub that will enable a
more participative, open and richer policy debate
• Will monitor and evaluate implementation and impact to improve the
quality of accessible justice service delivery

16. In Summary
• Strengthening parliamentary oversight
– Annual reports
• Institutional strengthening
-law, policy and regulatory frameworks
- right to consultations
• Organisational strengthening
-Value chain analysis
- Monitoring, evaluation and quality assurance frameworks
- Accountability structures –performance, transparency, integrity standards
- executive, political, civic
- information base
• Capacity building
- technical skill-sets
- modernising training, competency-based frameworks
• Budgets
-Sufficiency v lapsed funds

17. Thank you
for your consideration