Armytage: Afghanistan Strategy, 2005

Needs Assessment + Strategy 1

SUPREME COURT OF AFGHANISTAN

JUDICIAL EDUCATIONNeeds Assessment

and

Strategy Proposal4 May 2006


" تعلمون" ال کنتم ان الذکر اهل فاسئلوا( آیه 43النحل )

Ask knowledgeable persons if you don’t know

Quraan

“ اللحد الی المهد من العلم ”اطلب) الحدیث)

Seek knowledge from the cradle to the grave

Saying of Prophet (PBUH)


PURPOSE

1. Assess needs for judicial education

2. Develop Supreme Court strategy


CONTENT Part 1: Assessment

1. Methodology2. Supreme Court Data3. Judges’ Survey4. Stakeholder Consultations

Part 2: Strategy Proposal1. Strategy2. Leadership and governance 3. Program of continuing judicial

education

Part 3: Next steps


Part 1

ASSESSMENT


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


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


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


I.2 EDUCATION


I.2 APPOINTMENT


I.2 STAGE Judges Appointed versus attended stage

0

100

200

300

400

500

600

700

800

King Zahir President Daud Communist Mujahideen Taliban Current Gov

No

of

Jud

ges

Appointed Attended Stage


I.2 TRAINING


1.3 JUDGES’ SURVEY

Sample:

• 157 judges nationally• 11.34% of the judicial population• 8 provinces + 31 courts

- Representative of total population.


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%


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%


I.3 REASONS

Reasons for participating in training:

1. To acquire practical skills

2. To acquire knowledge of the law and procedures

3. To keep updated with new law and developments

4. To find solution to solve day-to-day problems in specific cases

5. To develop a sense of professionalism, responsibility and ethics

6. To understand the role of judge.


I.3 CONTENT

Preferences for content of training:

1. 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.


I.3 LEVEL Judges rank importance of training:

1. 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.


I.3 FACULTY

Preferences for presenters:

1. Respected judges

2. Experts

3. University teachers.


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


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


I.4 DONOR TRAINING


I.4 DONORS/PROVIDERS

• Reasons1. To acquire knowledge of the law and procedures2. To acquire practical skills3. To understand the role of judge4. To find solution to solve day-to-day problems in specific cases and

To develop a sense of professionalism, responsibility and ethics (equal ranking)

5. To keep updated with new law and developments

• Content1. Professional skills2. Criminal law and procedure3. Civil law and procedure4. Sharia5. Court Administration and case management6. Judicial role, ethics and conduct7. Business Law


I.4 DONORS/PROVIDERS

• Level of training1. Up-date/recent development2. Induction3. Networking/experience4. Specialist

• Usefulness of instructors1. Respected judge2. Experts3. University teacher


I.4 COMPARISON DONORS – JUDGES (Survey sample)


I.4 PRINCIPAL FINDINGS1. Significant minority of judges (36.6%) not completed any university

education in Sharia or law

2. Significant minority of judges (40.0%) not completed any systematic

practical stage training

3. System-wide lack of fundamental judicial competencies in legal

knowledge, judicial skills and conduct/outlook

4. Grave concerns about judicial corruption, and the lack of

professional standards and disciplinary procedures

5. These foundational deficiencies have

1. de-professionalized the judiciary

2. eroded public confidence in the courts

3. require a major integrated strategic response which significantly

exceeds existing short term training endeavours.



SUPREME COURT OF AFGHANISTAN

JUDICIAL EDUCATIONNeeds Assessment

and

Strategy Proposal


Part 2

STRATEGY PROPOSAL


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


2.1 DUAL STRATEGIES

1. Short term: current

‘Emergency’ stop-gap training for existing judges

2. Long term: immediate - year 5

Renew, modernise judiciaryRestore professional foundations/standards

1. Appointment criteria, procedure 2. Qualification standards – university/stage curricula 3. Continuing judicial training4. Monitor performance5. Administer discipline


2.1 OBJECTIVES

Address major identified needs:

– Appointment standards, criteria

– University education– Stage induction training– Improve competence

• Knowledge, skills, outlook

– Monitor performance, discipline

Need 33

2.2 LEADERSHIP & GOVERNANCE

• Imperative for judicial independence• Judicial leadership• Court ownership• Institutionalisation of process


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


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


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


2.3 CONTINUING JUDICIAL EDUCATION PROGRAM

Objective

To improve legal knowledge, professional skills and judicial outlook of judges in service

Methods1. Conferences, courses, seminars, workshops

– curricula of core subjects: knowledge, skills, values

2. Study tours

3. On-the-job mentoring

4. Publications and materials– Benchbooks, manuals, digests, journals


2.3 PROGRAM MANAGEMENT

• Strategy• Needs • Services• Curriculum • Faculty • Evaluation


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.


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 procedureCivil law and procedure

• Judicial skillshow to conduct a hearing trialcontrol of courtroomnote-takinglegal researchadmitting evidencestatutory interpretationjudgment writing and giving reasonsprincipled and uniform sentencingadministering natural justice, due process and fair trialprotecting human rights and civil libertiesresolving disputes and alternative dispute resolution (ADR)

• Generic skillsCommunication skills – written and oralTime managementComputer skillsCoaching and mentoring

• Judicial managementcase management

administering courts: filings, fixtures, hearing lists record managementregistry management and practiceteam leadership between judicial and court officersjudicial information technology and computer skillsmanaging complex litigation and commercial disputes

• Judicial disposition – social context - outlook, attitude and values

judicial role, powers and responsibilitiesjudicial independence, impartiality, integrity and outlookjudicial reviewjudicial conduct and ethics gender/race equality

• Inter-disciplinaryTo be assessed depending on the prior training, experience

and duties of judgesForensic scientific evidence: psychiatry and pathology – in

criminal prosecutionsFinancial accounting – in complex commercial disputesMedico-legal fundamentals – in injury cases.


2.3 CURRICULUM MATRIX 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


3. NEXT STEPS - PRIORITY ACTIVITIES• Supreme Court - Leadership

1. Settle and endorse strategy2. Mandate Education & Training Committee to commence development

of program3. Establish Faculty + conduct training-of-trainers (ToT)4. Develop core curricula of training courses:

a. Substantive law + procedureb. Judicial skillsc. Judicial role, process, values, ethics

5. Establish publications unit 6. Develop and conduct regional training

• Donors - Support

7. Review support strategies and resources.

• Partnership of Supreme Court leadership and donor support.


Documents

Armytage: Afghanistan Strategy, 2005