Upload
nguyenkiet
View
232
Download
13
Embed Size (px)
Citation preview
Task Order No. AID-306-TO-16-00007
Implemented by Checchi and Company Consulting, Inc.
Submitted by:
Michael Lechner, Chief of Party
Kabul, Afghanistan
April 30, 2017
Assistance for the Development of Afghan Legal Access
and Transparency (ADALAT)
4th QUARTERLY REPORT
January – March 2017
Checchi and Company Consulting, Inc.
USAID/Afghanistan Assistance for the Development of Afghan
Legal Access and Transparency (ADALAT)
4th QUARTERLY REPORT
JANUARY – MARCH 2017
Submitted by:
Michael Lechner
Chief of Party
Checchi and Company Consulting, Inc.
Contract No.: AID-OOA-I-13-00034
Task Order No.: AID-306-TO-16-00007
April 30, 2017
DISCLAIMER
The authors’ views expressed in this report do not necessarily reflect the views of the United
States Agency for International Development or the United States Government.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. i
TABLE OF CONTENTS
FOREWORD .................................................................................................................................................................. 1
INTRODUCTION ........................................................................................................................................................ 1
MAJOR HIGHLIGHTS .................................................................................................................................................. 3
PROGRAMMATIC TRENDS AND CONSTRAINTS .......................................................................................... 5
SUB-PURPOSE 1: INCREASED FORMAL JUSTICE EFFECTIVENESS ........................................................... 11
SUB-PURPOSE 2: STRENGTHENED FORMAL – TRADITIONAL JUSTICE SECTOR LINKAGES ...... 28
SUB-PURPOSE 3: INCREASED CITIZEN DEMAND FOR QUALITY LEGAL SERVICES ........................ 37
ACCOMPLISHMENTS ............................................................................................................................................... 42
RESULTS, VARIANCES AND LESSONS LEARNED .......................................................................................... 45
GENDER ........................................................................................................................................................................ 53
ANNEX 1
ANNEX 2
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 1
FOREWORD
Checchi & Company Consulting, Inc. began implementing the five-year Afghanistan Assistance for
the Development of Afghan Legal Access and Transparency (ADALAT) project in Kabul on April 14,
2016. The terms of the contract with USAID require that the contractor submit progress
reports at the end of each calendar quarter. This is the fourth quarterly report prepared
pursuant to Contract No.: AID-OOA-I-13-00034; Task Order No.: AID-306-TO-16-00007 and
covers project progress from January through March 2017. The report is organized into
sections as required for quarterly reports: major events undertaken during the quarter, an
overview of program trends and constraints, a description of project activities conducted under
each of three Sub-Purposes during the quarter, a projection of program events scheduled to
occur during the next calendar quarter, and a summary of all major accomplishments achieved
within each Sub-Purpose during the quarter, followed by an analysis of results expected and
results achieved, reasons for variations between results expected and achieved, and lessons
learned.
INTRODUCTION
Checchi & Company Consulting, Inc. (Checchi) began implementing the five-year (3-year base
period plus two 1-year option) ADALAT project on April 14, 2016. This is the fourth quarterly
report covering project progress from January through March 2017. The report is organized
into the following sections: introduction, major events undertaken during the quarter, an
overview of program trends and constraints, a description of project activities conducted under
each of three Sub-Purposes, a summary of all major accomplishments achieved within each Sub-
Purpose during the quarter, and an analysis of results with reasons for any variances as well as
lessons learned.
As a result of planning, staffing and organizational development activities completed during
Quarters 1 and 2, activities during Quarter 3 focused on completion of major assessment
activities to determine the SC’s highest management priorities and planning for implementation
of management solutions during the fourth quarter. Assessment recommendations were given
to counterparts. Their feedback was characterized by concerns that continuing assessments are
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 2
redundant, that the same or similar assessments are being conducted by multiple donors, and
that the SC prefers that donor implementation efforts focus on acquisition of facilities and
equipment rather than development of management capacities.
Assessments of the Afghanistan Independent Bar Association (AIBA), which included a review
of the association’s Bylaws, the HICD assessment, and the external audit, were finalized last
quarter, and during Quarter 4, ADALAT worked with AIBA to develop a work plan based on
the assessments’ recommendations. In collaboration with ADALAT, AIBA prioritized work plan
milestones/deliverables to have a General Assembly to hold officer elections and vote on
proposed Bylaw amendments. Additionally, ADALAT supported the re-launch of AIBA’s
Women’s Committee, which began holding regular meetings. A member survey – scope of
work and methodology – has also been finalized and the survey process began, to be completed
at the General Assembly. In the fourth quarter a bridge grant was cleared to allow ADALAT to
fund short-term AIBA operations.
ADALAT made substantial progress preparing partner The Liaison Organization (TLO) to take
over implementation of the plan to engage a network of civil society organizations (CSOs) in
working with and training Traditional Dispute Resolution (TDR) actors. Through a Request for
Applications (RFA) announced in January 2017 and application review process, potential CSO
grantees were solicited and identified for the next phase of program expansion and capacity
building.
ADALAT also managed a substantial grants application review and selection process. After
launching RFAs for legal advocacy and legal outreach programs, approximately fifty eligible
applications were evaluated. The pre-award evaluation process continued through the end of
the quarter, and final selection, following due diligence background and capacity checks and
vetting, will take place next quarter.
An RFA announced in January 2017 for private universities to receive grants to develop clinical
legal education for law and Sharia students was cancelled after it became evident that many
potential applicants did not understand the concept of legal clinics. ADALAT held three
information sessions in Kabul, Herat and Mazar-e-Sharif, inviting representatives from private
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 3
law and Sharia faculties to learn about the educational value of having students participate in a
clinical program and the purpose of ADALAT’s legal education interventions. ADALAT will
encourage universities to follow the progress made by The Asia Foundation (TAF) in developing
law clinic guidelines (approval from the Ministry of Higher Education imminent) and a manual
for university-managed law clinics in Afghanistan.
MAJOR HIGHLIGHTS
Judicial Training Needs Assessment: Based upon case type and caseload data
collected during visits to 29 provinces, as well as the information gathered through
key informant interviews with 52 persons, ADALAT prepared a Background Judicial
Training Needs Assessment with recommendations for judicial training going
forward.
Kabul Judicial Conference (KJC): With ADALAT technical and financial assistance,
the Supreme Court (SC) held a four-day educational judicial conference attended by
263 judges, including the Justices of the Supreme Court. Following the conference’s
closing ceremony held at the Presidential Palace, USAID and ADALAT met with the
Chief Justice (CJ) and established a relationship that paves the way forward for
ADALAT activities with the SC.
Women Judges: With ADALAT technical and financial assistance, the Afghan
Women Judges Association (AWJA) held a one-day educational and celebratory
conference attended by 278 participants, including 203 women judges, in recognition
of International Women’s Day.
Supreme Court Action Plan: At the request of the CJ and following meetings with
the SC and USAID, ADALAT tailored the Year 2 Work Plan to coordinate HICD
capacity development solutions with the management priorities established by the
SC in its Action Plan to implement the Justice Sector National Reform Plan. An
MOU delineating Action Plan items which ADALAT will exclusively manage will be
signed in the next quarter.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 4
Case Management: ADALAT completed ACAS assessment field work for 12
provinces and all SC divisions, and is drafting the final assessment report, including
statistics on the caseloads of all Afghan courts for the year April 2015 – March 2016
(1394-1395). In addition to distributing 25,000 file jackets and 114 registry books to
courts nation-wide, ADALAT provided ACAS training and a Procedures Manual to
all court clerks.
AIBA: ADALAT worked with AIBA’s finance department to develop a list of tools
and skills needed to implement recommendations from the external audit report.
ADALAT also met with the AIBA President and USAID to review the proposed
Bylaws amendments. In addition, AIBA provided its annual work plan to ADALAT
which prioritized organizing the General Assembly for members to vote on
proposed Bylaws and elect officers.
The three-month bridge grant allowing ADALAT to fund AIBA’s operations cleared.
Pursuant to USAID’s direction and a new vetting period (March 1 to August 31,
2017), ADALAT drafted a six-month Fixed Amount Award (FAA) and provided the
draft to AIBA for review. Funding to AIBA under this FAA is tied to AIBA achieving
certain milestones. The corresponding budget tied to each milestones was finalized.
Huquq Department: ADALAT assisted the MOJ/Huquq in establishing an Advisory
Committee (and flexible working sub-committee structure) to lead and conduct
MOJ/ADALAT activities, and finalized an agreement to improve the National Legal
Training Center’s (NLTC) Stage curriculum and create 30 student slots for Huquq
professional staff.
Civil Society on Formal Justice – TDR: TLO staff neared completion of the
Afghanistan Justice Engagement Model (JEM) core programs in four districts.
ADALAT Small Grants Program: ADALAT announced RFAs from organizations to
work in the areas of legal outreach and legal advocacy. Approximately fifty
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 5
applications were received, and short-listed candidates were assessed for capacity
and eligibility.
Donor coordination meetings: ADALAT met with five international donors working
in the areas of rule of law, court observation, legal advocacy, and legal outreach to
elicit suggestions for managing outreach and advocacy grants.
Clinical legal education. ADALAT held three information sessions, in Kabul, Herat,
and Balkh, on clinical legal education and the ADALAT grants program, attended by
representatives from nearly forty private universities.
PROGRAMMATIC TRENDS AND CONSTRAINTS
Judicial
Following the Kabul Judicial Conference (KJC) closing ceremony at the Presidential Palace,
USAID and ADALAT met with the CJ. It was a breakthrough event, as USAID’s inability to
travel to the SC and the CJ’s unwillingness to come to USAID had previously made any meeting
difficult to arrange. The Palace provided a neutral site accessible to all parties, and the meeting
was very successful. The CJ established a clear channel for his and the SC’s consideration of
ADALAT’s proposed work plan activities, that channel being through Mr. Mohammad Sediq
Jobal, the Acting General Secretary of Administration. ADALAT has a good working
relationship with Mr. Jobal, who has become ADALAT’s primary point of contact. Furthermore,
the CJ agreed to meet monthly with ADALAT at the SC, and on an as-needed basis with
USAID at the Presidential Palace. The benefit of a direct channel with the CJ is that upon his
approval and direction, the directors of the SC departments will cooperate in the
implementation of agreed activities. The CJ requested that USAID/ADALAT propose
interventions consistent with the plan prepared by the SC for the implementation of the Justice
Sector National Reform Plan.
During the quarter, the Director of the Judicial Education Department (JED) continued to
reject offers of technical assistance from ADALAT with regard to an evaluation of the Judicial
Stage, and was critical of USAID and ADALAT’s failure to provide the material assistance that
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 6
he had requested. Consequently, no progress was made on the Stage evaluation (Activity
1.1.1.7), and the instructor observation and evaluation instrument (Activity 1.1.1.6) prepared by
ADALAT to assess the performance of the Stage instructors was not used.
During the quarter, ADALAT deepened its positive relationship with the AWJA. With
technical support from ADALAT, AWJA was accorded a prominent role in the planning and
implementation of the KJC. The Director of AWJA was appointed by the SC to be a member
of the KJC planning secretariat, and a member of AWJA was included in each of the five
substantive law committees that met for three days during the conference to review proposed
advisory opinions. In the hopes of securing an opportunity to make a presentation during a
plenary session of the conference, AWJA, with technical assistance from ADALAT, prepared an
educational program focusing on legal issues arising in the enforcement of the Elimination of
Violence Against Women (EVAW) law and the problems encountered by judges in cases
involving female prisoners. Unfortunately, as plenary sessions were limited to the opening and
closing ceremonies, committee reports, and a brief ADALAT presentation on ACAS, AWJA
was not provided the opportunity to make a presentation.
AWJA did present an educational program at a one-day judicial conference held on March 28th
in recognition of International Women’s Day. A total of 203 members of AWJA, as well as SC
Justice Adalatkhaw and Judge Mirrajuddin Hamidi, Chief Judge of Kabul Province, attended the
conference, which was supported by USAID/ADALAT.
ADALAT’s work with AWJA has revealed a compelling need within the organization for
technical assistance and training in the areas of leadership, administration, management,
budgeting, financial sustainability, and advocacy.
Non-judicial
ADALAT continued to meet with SC Human Resources (HR) and Finance/Administration (F/A)
leadership to develop consensus on the implementation of priority HICD management
solutions. However, the SC continued to insist that its priority needs were for facilities and
equipment and that technical assistance and training to implement management solutions were
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 7
of lower priority. ADALAT and USAID representatives met with Chief Justice Halim to resolve
this disconnect, and the CJ advised that the kinds of capacity building solutions developed by
HICD and proposed by ADALAT should proceed, provided those solutions were compatible
with the SC’s Action Plan. ADALAT representatives met with Mr. Jobal on March 26 and
tentatively agreed on the range of activities ADALAT might support in Year 2 as top priority
deliverables. On March 29, ADALAT submitted a proposed list to Mr. Jobal of 12 activity areas
specified in the Action Plan in which it can support the SC. Once the Year @ work plan is
approved by USAID, ADALAT will follow, at Mr. Jobal’s request and in consideration of
feedback from the SC HR and F/A Departments, with a detailed proposal in Dari describing
how it will implement the 12 Action Plan priorities. SC and USAID approval of this plan will be
memorialized in an MOU to be entered into in the first quarter of Year 2.
ACAS
ADALAT completed an assessment of ACAS use in all primary and appellate courts in
Afghanistan by conducting onsite and remote reviews in the 12 provinces remaining in its
nationwide study. ADALAT visited courts in Herat, Nimruz, Farah, Khost, Badghis, Ghor and
Sar-e-Pul; and due to security concerns, used phone interviews to assess courts in Nuristan,
Urozgan, Helmand, Paktika and Kunduz. ADALAT distributed 25,000 file jackets and 114
Registers to these 12 courts to assure they will have adequate materials for the rest of the
year. The final draft of the ACAS Assessment Report, including caseload data for 1394-1395,
was completed and will be published in May. Donor coordination between ADALAT and the
Justice Sector Support Project (JSSP) accelerated with the appointment of a JSSP representative
to the ACAS Advisory Group (AAG) and appointment of an ADALAT representative to the
CMS Monitoring Board, as well as an agreement that ACAS and CMS representatives will begin
meeting weekly to collaborate on the development of automated solutions to the SC’s
management information needs.
AIBA
ADALAT has sustained regular communication with AIBA over the fourth quarter through
partner Afghanistan Justice Organization (AJO). Persistent challenges continue as AIBA
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 8
leadership hesitates to accept a number of recommendations from the HICD assessment and
reforms proposed in revised bylaws. These recommendations offer AIBA a plan for taking on a
more sustainable and meaningful role in the Afghan legal community. Further inhibiting
ADALAT’s efforts to support AIBA is the association’s inability or unwillingness to disclose
information about its membership and operations that would allow ADALAT and USAID to
better structure financing and technical support. Expectations held by AIBA leadership of
unconditional aid do not correlate with ADALAT’s objectives. Lawyers remain largely unable to
access AIBA membership benefits, including the lawyer Stage course, beyond the initial license,
leading to general disinterest in the association among legal professionals. Pro bono legal
services are not well-managed, limiting access to justice for Afghan citizens. Further progress
will rely on keeping the channels of negotiation open while continuing to require AIBA to
accept necessary changes to its governance structure as a precondition for further USAID
assistance.
MOJ Huquq Department
During the fourth quarter, ADALAT continued its assistance to the MOJ Department of the
Huquq. After numerous discussions between the MOJ and other government entities, the issue
of shifting the NLTC to the MOJ is on hold due to a lack of funding and tashkeel, among other
challenges. For the time being, the MOJ/Huquq has agreed to enroll its professional staff in the
NLTC Stage. The NLTC has agreed to designate an additional 30 slots for Huquq staff and to
amend its curriculum to meet Huquq needs. The NLTC enrollment requirement of law or
Sharia faculty graduate status limits the number of existing Huquq staff eligible to attend the
Stage. For example, of 17 Huquq professional staff in the urban districts of Kabul, only four hold
aaw or Sharia faculty degrees. This highlights the need to develop a parallel retraining program
for existing staff who do not qualify for the NLTC Stage.
Dissemination of training to new and existing staff outside the city remains a resource
challenge. For example, even Huquq staff based in Kabul province – but outside the urban
center – face difficulty affording transportation to and from the NLTC at Kabul University. The
Huquq salary of 7,000 Afs ($105) per month is half that of a judge, making seemingly small
expenses significant. Accessing the MOJ development budget is reportedly burdensome and
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 9
slow, resulting in regular MOJ requests of ADALAT (and other donors) to cover a range of
expenses, including transportation allowances. Yet to be determined is the MOJ’s (and
GoIRA’s) commitment to resourcing national training programs. As discussed below, ADALAT
has agreed to support some transportation expenses for 1396 (2017) Stage participants, but the
situation is unsustainable.
TDR/CSO
ADALAT’s TDR/CSO component is progressing as planned. Initial timelines may have been
somewhat ambitious, but the teams have stayed roughly on track. Future timelines may be
lengthened by 15-20% to ensure quality work, thorough learning by TLO mentors, and a
sustainable workload.
Civil Society Support
ADALAT continued building relationships with the community of Afghan CSOs and
international organizations conducting public education outreach and advocating to promote
legal rights and remedies. Organizations shared with ADALAT their lessons learned, best
practices and recommendations for innovative programming to reach largely uneducated
populations living in remote areas of Afghanistan. These programs are largely funded by grants,
as will several new ones under ADALAT’s grants program, which advanced in the fourth
quarter and will begin when awards are offered to selected grantees early in Year 2.
To maximize the impact of the grants program, ADALAT will organize consultation meetings
with the Afghanistan Institute for Civil Society’ (AICS) to discuss their capacity building
opportunities at the national and provincial level. ADALAT will connect CSOs to dynamic
inter-organizational networks through which they will gain relevant skills and knowledge,
including the Afghanistan Legal Aid and Advocates Network (ALAAN). Sustainability and
building trust between civil society and government bodies remain challenges that ADALAT will
continue to confront in the upcoming quarter as grant activities begin and opportunities for
coordination and impact evaluation are explored.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 10
Legal Education
There have been numerous positive developments in the advancement of legal education in
recent months. Knowledge of clinical legal education has increased among stakeholders,
including public and private universities and government bodies, namely the Ministry of Higher
Education (MoHE). This is largely due to The Asia Foundation’s (TAF) legal education initiative.
ADALAT participated in regular meetings and conferences to build interest and engagement of
private universities in advocacy for increased clinic opportunities for law and Sharia students.
With inputs from TAF’s own experts, as well as expertise brought in by UNDP, a Guideline on
Legal Clinics in Afghanistan will soon be approved by the MoHE. Afghan universities, both public
and private, will benefit from the government’s formal interest in developing a culture of legal
clinics in the country, as well as from the technical guidance of the guidelines and soon-to-
follow manual for setting up a clinic program.
Information and resource deficits remain a challenge to building the capacity of private
university law and Sharia faculties to increase the professional readiness of their graduates. Law
and Sharia professors all recognize that students require better practical skills preparation and
opportunities to apply critical thinking, yet few are proactive in meeting this challenge. Most
educational institutions remain unaware of what clinical legal education is and how, with proper
management and support, a clinic program may enhance legal studies. Criticism of private
universities is common from the public sector, which considers private institutions to be driven
entirely by profit and a desire to accommodate larger numbers of tuition-paying students
without regard to the quality of the education offered.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 11
SUB-PURPOSE 1: INCREASED FORMAL JUSTICE EFFECTIVENESS
Progress Toward Activity Results
A. Judicial Activities
Kabul Judicial Conference
Afghan Women Judges Association (AWJA)
For the first time, AWJA was accorded an important role in the organization and delivery of a
national judicial conference. Judge Shakila Abawi, Director of AWJA, was appointed as a
member of the Judicial Conference Secretariat. ADALAT worked with AWJA in an effort to
achieve an opportunity to present an educational program during a plenary session of the
conference. ADALAT met regularly with AWJA to assist it in the planning and preparation of
the educational program. AWJA enlisted the assistance of several well-respected women
judges, and completed the preparation of an educational program which addressed difficulties
encountered by judges in the application of the Elimination of Violence Against Women
(EVAW) law and difficulties faced by courts in dealing with female prisoners. Unfortunately, the
final agenda for the conference limited the time available for plenary session presentations in
favor of work by the five substantive law committees, and would not accommodate a separate
educational program sponsored by AWJA. Nevertheless, the membership of each committee
was expanded to include a member of AWJA.
The Judicial Conference
With technical and financial assistance from ADALAT, the SC held a four-day educational
judicial conference at the Intercontinental Hotel in Kabul on March 12-15, 2017. The members
of the High Council (Chief Justice and five Justices) and 257 other judges, including 27 women
judges, and including the Chief Judges and Urban Court Judges from all 34 provinces (68
judges), as well as senior judges working as advisors at the SC, attended the conference. The
purpose of the conference was the consideration by the participants of legal questions
submitted by judges from around the country in advance of the conference and the review of
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 12
SC regulations. Prior to the conference, the legal questions were considered by the
professional members of the SC Research and Studies Department, and in the case of
commercial law questions, by a commercial law judges working group formed by Justice Abdul
Hasib Ahadi, and answers to the questions in the form of proposed advisory opinions were
prepared for consideration during the conference by five substantive area committees:
Committee on Criminal Law; Committee on Commercial Law and Deeds; Committee on
Public Security, Administrative Corruption, and Narcotics Crimes, and Administration;
Committee on Civil Law, Public Rights, Family, and Personal Status; and Committee on
Supreme Court Regulations.
The opening ceremony featured speeches by Chief Justice Sayed Yousef Halim, Chief Executive
Officer Abdullah Abdullah, Second Vice President Mohammad Sarwar Danish, Attorney General
Farid Hamadi, and Minister of Justice Abdul Basir Anwar. The Chief Justice emphasized the
fundamental imperative of the rule of law and the independence of the judiciary, the need for
transparency and the continued struggle against corruption, and the importance of increasing
the capacity of the judges to carry out their responsibilities.
The judges attending the conference were divided up among the five committees, based upon
their areas of expertise, and the committees began their work on the afternoon of the first day,
and continued their work on the second and third days. Following is a summary of the work of
the committees.
The Committee on Criminal Law was chaired by Justice Mohammad Zaman Sangari, and
was composed of 46 judges, including seven women judges. Over the course of the
conference, the committee met for a total of 20 hours and considered 78 proposed
advisory opinions.
The Committee on Commercial Law and Deeds was chaired by Justice Ahadi, and was
composed of 43 judges, including seven women judges. The committee met for a total
of 20 hours and considered 77 proposed advisory opinions.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 13
The Committee on Public Security, Administrative Corruption, and Narcotics Crimes,
and Administration was chaired by Justice Abdul Malek Kamawi, and was composed of
39 judges, including six women judges. The committee met for a total of 20 hours and
considered 69 proposed advisory opinions.
The Committee on Civil Law, Public Rights, Family, and Personal Status was chaired by
Justice Barat Ali Matin, and was composed of 40 judges, including three women judges.
The committee met for a total of 20 hours and considered 136 proposed advisory
opinions.
The Committee on Supreme Court Regulations was chaired by Justice Abdul Qader
Adalatkhaw, and was composed of 37 judges, including four women judges. The
committee met for a total of 21.5 hours and considered 87 regulations, including five
proposed new regulations.
While the ADALAT team monitored the work of the committees and provided logistical
support, ADALAT did not participate in any committee deliberations.
In a plenary session on the morning of the fourth day, the committees reported out the results
of their deliberations. The Committee on Criminal Law proposed 78 advisory opinions. The
Committee on Commercial Law and Deeds proposed 71 advisory opinions. The Committee
on Public Security, Administrative Corruption, and Narcotics Crimes, and Administration
proposed 59 advisory opinions, having referred two proposed opinions to the executive branch
for consideration. The Committee on Civil Law, Public Rights, Family, and Personal Status
proposed 66 advisory opinions. The Committee on Supreme Court Regulations proposed that
48 regulations, as amended in some cases, be reaffirmed, 34 regulations be annulled, and five
new regulations be adopted.
Given the very large number of proposed advisory opinions submitted to the committees for
review, many were approved without debate. Others were debated extensively. In their
review, the committees, at times, determined that some proposed opinions were not needed
because the law was settled; and a few proposed opinions were referred from one committee
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 14
to another or to the executive branch for consideration. Therefore, the number of advisory
opinions proposed by the committees for adoption by the High Council does not, for every
committee, equate to the number of proposed advisory opinions debated.
Using the Committee on Criminal Law as an example, following are two advisory opinions
approved by the committee (summary translation into English):
If a woman commits suicide as a result of an act of violence, but the act did not result in
injury, disability or death, the court can punish the person who committed the act of
violence under articles 23 and 30 of the Elimination of Violence against Women law.
Upon remand of a criminal case to the primary court based upon an appellate court
ruling that a criminal investigation had not been completed, the prosecutor can use the
extended detention provisions applicable in the primary court, appellate court, or
Supreme Court in seeking to hold the accused in detention.
The proposed advisory opinions will be
reviewed by the High Council. The
purpose of the advisory opinions is to
resolve ambiguities in the law and to
provide guidance to judges in their
decision-making in order to achieve
uniformity in statutory interpretation
and application. The advisory opinions
approved by the High Council will, with
ADALAT assistance, be published and
distributed to all the judges in the
country (Activity 1.1.1.4). The advisory opinions will improve the capacity of the judges to
properly decide their cases.
The afternoon of the fourth day of the conference was devoted to a closing ceremony held at
the Presidential Palace. President Mohammad Ashraf Ghani, Chief Justice Halim, and Dennis W.
Chief Justice Halim addresses the conference
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 15
Hearne, Deputy Chief of Mission, United States Embassy, Afghanistan, spoke. President Ghani
gave a serious and inspiring speech, insisting that a legitimate dispute resolution system with
hard working, competent, and ethical judges is necessary to overcome social unrest, earn the
trust of the people, and institute the rule of law in Afghanistan. Quoting the President –
“Justice cannot come from weapons and pistols!” He admonished the judges to avoid any
interference in the performance of their duties, and he pledged that there will be no
interference with the independence of the judiciary. Chief Justice Halim, who preceded the
President, emphasized that the judiciary must be focused on providing services to the people
and fighting corruption, and that monitoring the judicial system must occur to increase public
confidence in the courts.
In preparation for the conference, ADALAT provided technical assistance to the SC in the
planning process, and worked with the SC Finance Department in preparing a budget for the
conference. ADALAT has prepared a detailed judicial conference planning and presentation
guide, which details every step of the process, from obtaining the CJ’s approval for a conference
as the first step, to closing the conference, and all steps in between. ADALAT will provide this
guide to the SC (Activity 1.1.1.3). ADALAT also has prepared a detailed budget for the
conference, accounting for all actual expenditures down to the last Afghani. The final
conference activity is the publication of the advisory opinions approved by the High Council and
their distribution to all the judges in the country. Those expenditures have not been incurred;
therefore, they are reflected in the conference budget as estimated expenditures. As a result
of ADALAT’s constant efforts to keep the costs of the conference to a minimum as a lesson in
capacity building for the SC, the conference came in significantly under projected budget.
ADALAT will provide this budget to the SC Finance Department and work with the
Department to have the budget included in the SC’s overall budget request to the Government
in order that the Court will have the funds to underwrite the next conference without donor
support, possibly to be held in two or three years (Activity 1.1.1.3).
The proceedings of the conference, including all the deliberations of the committees, were
video recorded. ADALAT will work with the SC Research and Studies Department to edit the
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 16
recordings into a viewable format, for exportation to the provinces for viewing by judges who
did not attend the conference. The CJ has approved this activity in concept.
At the close of the conference, ADALAT distributed an evaluation form to the participants.
The purpose of the evaluation was to assess the views of the participants regarding the
educational component of the conference program. The evaluations were extremely positive.
AWJA Judicial Conference
On March 28, 2017, with support from USAID/ADALAT, AWJA sponsored a one-day
conference at the Kabul Star Hotel in recognition of International Women’s Day. Two
hundred and three (203) women judges from around the country attended the conference, as
well as 75 other judges and guest speakers. Inspiring speeches were presented by Judge Abawi,
Director of AWJA, SC High Council member, Justice Adalatkhaw, and Judge Mirrajuddin
Hamidi, Chief Judge of Kabul Province. In her remarks, Judge Abawi pointed out the
importance of the role played by AWJA and many women judges at the Kabul Judicial
Conference. She called for the recognition of the important contributions of women judges in
Afghanistan, urging the appointment of women judges to fill one or more of the three current
High Council vacancies. In his remarks, Chief Judge Hamidi recognized the central role played
by women judges in the courts and encouraged AWJA members to seek appointments to all
court divisions, including the civil and commercial divisions. The conference contained an
educational program as well. Borrowing from his treatise on family law, and pointing to the
Day 4 of the Kabul Judicial Conference
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 17
Constitution and Afghan civil law statutes, Justice Adalatkhaw gave a lengthy dissertation on the
role of women’s rights in Afghanistan in the resolution of family cases. He touched on several
areas of family law, including the rightful role of women in the family and in the arrangement of
household affairs, the right of women to work outside the home, and the right of women to be
engaged in the political affairs of the country. Justice Adalatkhaw also indicated that he would
share AWJA’s call for the appointment of women judges to the High Council with the SC and
the Chief Justice. Judge Nargis Hafidzada, the Head of the Juvenile Division of the Primary
Court of Balkh Province, gave a presentation on the role of women judges in the fight against
administrative corruption. She pointed out that women judges have never assumed a symbolic
role, and instead have lead efforts to bring about needed court reforms. Judge Hafidzada
exhorted the AWJA to lead the fight against administrative corruption, including challenging
colleagues who are misbehaving or acting illegally. Following a luncheon, the members
discussed organizational and financial challenges faced by AWJA, and the need for support from
donors to deliver training programs and build the capacity of women judges.
Regulation of Judicial Conduct Enforcement and Department of Inspections
In the fourth quarter ADALAT formally presented a paper entitled “Regulation on Considering
Discipline for Judges’ Offenses – Comparison with International Standards,” to Judge Najibullah
Akbari, the Director of the Department of Inspections, and several of his inspectors. ADALAT
planned to review the paper and proposed amendments with Judge Fazel Rahman Fazli, the
professional member of the Department of Inspections designated as ADALAT’s point of
contact. However, Judge Fazli, took an extended leave and ADALAT was unable to meet with
him. That meeting will occur early in Year 2, and ADALAT will work to encouraged interest
on Judge Akbari’s part in the adoption of the proposed amendments.
Background Training Needs Assessment for Sitting Judges
In ADALAT’s Year 1 work plan, USAID approved the preparation of an assessment of the
continuing judicial education needs of sitting judges in Afghanistan (Activity 1.1.1.2). The activity
contemplated the preparation of an assessment report in collaboration with the JED. ADALAT
learned that IDLO, in conjunction with the JED, was preparing a training needs survey to be
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 18
distributed to judges in Afghanistan. Therefore, ADALAT advised IDLO and the Director of
the JED that it would not conduct a similar survey, and instead requested an opportunity to
review and comment on the IDLO survey instrument. After many weeks, that request was
ultimately denied by IDLO and the JED. The JED also declined to collaborate with ADALAT in
the preparation of an assessment report, essentially depriving ADALAT of a counterpart
partner.
During the course of these developments, ADALAT had begun conducting interviews with key
informants to seek their opinions on the types of continuing judicial education training needed
by sitting judges. ADALAT completed these key informant interviews at the end of Quarter 3.
In total, ADALAT interviewed 29 people, including four SC Justices, nine chief judges, and
others familiar with judicial training, including the Director of the JED. ADALAT also
conducted focus groups discussions with six members of AWJA, five prosecutors in Kabul,
seven defense attorneys from the AIBA, and five prosecutors in Panjsher Province. In total, 52
individuals were interviewed.
In addition to information gathered through the key informant interviews, ADALAT sought to
collect case type and caseload statistics, and information revealing the topics of past judge
trainings. This task proved to be difficult and illuminating. ADALAT learned that courts had
not been consistently collecting and reporting ACAS data, that the Department of Inspections
did not collect and record case type and caseload data during its regular judicial inspections, and
that human resources did not record in personnel files the training courses taken by judges.
Because the ADALAT was in the process of going to provincial courts to obtain case type and
caseload data and train court clerks on ACAS, ADALAT deferred preparation of a continuing
judicial education needs assessment report until that data had been collected. In Quarter 4,
collection of that data was completed.
On February 22, 2017, IDLO released some results of its survey during a presentation to the
JED, which was also attended by several implementers. The results were in the form of bar
graphs. IDLO indicated that a report would be forthcoming.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 19
ADALAT completed its assessment report in Quarter 4. It analyzes the ACAS data collected
from the standpoint of case types and caseload, as overlaid by the information gathered from
the key informant interviews. ADALAT did not use the IDLO survey results in the preparation
of this report. Because the JED did not cooperate in the assessment or in the preparation of
this report, and has not requested information on the training needs of sitting judges from
ADALAT, the report was prepared as a background report for use by USAID and ADALAT in
planning future activities. If appropriate, and subject to approval by USAID, it can be shared
with the JED, interested justices and judges, and other implementers at a later date.
Support to Judicial Education Department (JED)
In an effort to enlist the cooperation of the Director of the JED in an evaluation of the Judicial
Stage and other possible activities by ADALAT with the JED, ADALAT met with the Director
on January 16, 2017. The Director refused to discuss ADALAT’s offer of technical assistance,
and instead insisted that any cooperation on his part was contingent upon ADALAT’s provision
of multiple forms of material assistance. USAID’s subsequent efforts to obtain a meeting with
the Director were unsuccessful.
B. Non-Judicial Activities
Human Resources, Administration and Finance
Development of HR and F/A Technical Interventions
In the fourth quarter, ADALAT began developing HICD implementation plans for consideration
by the SC. These plans detail the specific solutions ADALAT developed to address the
challenges identified in the HICD assessment. While ADALAT emphasized the need for
technical assistance and training to fill the capacity gaps identified in the HR and Finance/Admin
Directorates, the SC Directors continued to insist that their priority needs were for facilities
and equipment, and that technical assistance and training to implement management solutions
were of lower priority. On March 15, 2017, ADALAT and USAID representatives met with
Chief Justice Halim to discuss this matter. The CJ advised that the kinds of capacity building
solutions developed by HICD and proposed by ADALAT were appropriate and could proceed,
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 20
provided those solutions were deemed compatible with the SC’s priorities as specified in the
SC’s Action Plan to implement the Justice Sector National Reform Plan.
ADALAT was subsequently provided with a copy of the Action Plan specifying the SC’s top 47
priorities. ADALAT, USAID and the Acting Director General of SC Administration met on
March 26, 2017 to explore which of those priorities could be supported by ADALAT. After
USAID clarified that it would not fund facility construction or rehabilitation or equipment
acquisition activities, Mr. Jobal requested that ADALAT submit a list of eligible projects that
ADALAT could support. In consultation with USAID, ADALAT identified 12 activity areas from
the Action Plan and submitted the list to Mr. Jobal on March 29. Mr. Jobal will present this list
to the CJ and will advise ADALAT in April if the CJ has authorized ADALAT to move forward
on some or all of these proposed activities. ADALAT will then meet with the Directors of the
HR and Finance/Admin Directorates to explore how ADALAT will help the SC achieve these
top 12 priorities. Following review and approval of this plan by the Chief Justice and USAID, the
SC, USAID and ADALAT will enter into a Memorandum of Understanding early in Year 2 to
document ADALAT’s assistance to be provided to the SC over the subsequent 12 months.
Conduct Non-Judicial Staff Training Needs Assessment
Between January and March 2017, Adam Smith International (ASI) began conducting a survey of
training needs of non-judicial staff in the appellate and urban primary courts of five provinces. In
February, ADALAT agreed to assist ASI by conducting non-judicial staff surveys in four other
provinces (Khost, Sar-i-pul, Ghor and Badghis) not included in ASI’s sample. In addition,
ADALAT conducted Focus Group Discussions (FGDs) in those five provinces to document
what participants believed would be the most beneficial content and skills training to help them
perform their job requirements. These FGD findings were summarized and shared with ASI in
March 2017. ADALAT will review ASI’s draft findings and report next quarter. The results of
the training needs survey and focus groups will be incorporated in the ADALAT/SC MOU to
establish ADALAT’s Year 2 training development and delivery activities.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 21
Non-Judicial Code of Conduct
One preliminary finding of the ADALAT’s FGDs was that most non-judicial staff were not
aware of the existence of a non-judicial code of conduct applicable to court personnel, neither
the code adopted by the Civil Service Commission nor the code reportedly adopted by the SC.
At the same time, one of the six key categories to be addressed by justice sector agencies
under the JSNRP is the goal to reduce administrative corruption. Adoption and enforcement of
the SC’s judicial and non-judicial codes of conduct are essential functions to reduce
administrative corruption in the judiciary. Development, adoption and implementation of a non-
judicial code of conduct and enforcement mechanism, as well as public reporting of the success
of the SC in reducing administrative corruption, will be key activities during Year 2.
ACAS
An assessment of ACAS use in the SC and in all primary and appellate courts was completed by
conducting onsite reviews in the 12 provinces remaining in its nationwide study, including
Herat, Nimruz, Farah, Khost, Badghis, Ghor and Sar-e-Pul1; and, due to security concerns, by
conducting assessments remotely through phone interviews in Nuristan, Urozgan, Helmand,
Paktika, Kunduz and in four insecure districts in Kabul Province. During the visits, ADALAT
collected caseload information for 1394-1395 (April 2015-March 2016) and held individual
interviews and focus group discussions (FGD) with clerks to introduce the ACAS functions and
discuss how to improve their ACAS use and the Procedures Manual. ADALAT distributed
Procedures Manuals 25,000 file jackets and 114 Registers to courts that had not previously
received an adequate supply of ACAS materials for the rest of the year. Virtually all court staff,
including judges, emphasized that ACAS is now the standard system for court operations;
however, there was also virtually unanimous commentary that sufficient ACAS supplies and
materials are not timely provided by the SC. ADALAT found that a significant number of clerks
1 Sar e Pul clerks were interviewed in Balkh center
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 22
had not received trainings on the ACAS Procedures Manual, in particular those who had been
hired since 1392 (2012).
ACAS Advisory Group (AAG)
Judge Fazlurrahman Fazli, the SC’s main point of contact for ACAS, attended a focus group
discussion in Herat on Jan. 9; USAID's ACOR also participated in the Herat FGD via Skype.
ADALAT provided onsite training to each clerk and documented the assistance provided (i.e.,
clarification about the proper use of the ACAS registration book) to be considered by the AAG
for possible modification to the Procedures Manual. Subsequently, Judge Fazli decided to
actively participate in AAG meetings and has since led the ACAS Procedures Manual
improvement process.2
One key recommendation received from clerks was for simplification of the statistical data
collection form in the Case Registry Book. It was suggested, for example, that case and
disposition type data could be removed from the data collection report form as that data, if
needed, is available from JSSP’s Case Management System. Mr. Karimi, Head of Statistics
Department, will lead the AAG to coordinate the efforts of ADALAT, the Statistics
Department and JSSP/CMS to improve the statistics system.
The final draft of the ACAS Assessment Report was completed and will be published in May. As
noted above, the Assessment Report will present summary (filed, disposed, pending) caseload
data for the period of April 2015 – March 2016 obtained from the ACAS Registers for 1394-
1395, including:
1914 sitting judges (1531 permanent and 383 rotating) disposed of as many cases as
were filed during 1394 (89,653 filed vs. 82,497 disposed), with a balance pending of
7,156 at the end of the year. The SC reported 17,542 cases filed and 16,102 disposed,
2 Due to the attack at the Supreme Court in early February and the demand on staff to support the development
and conduct of the Judicial Conference, the AAG met only one time during the Quarter. They are now back to
meeting every two weeks.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 23
leaving a balance of 1,440 pending at the end of 1394. During 1395 year to the field
visits’ dates, 80,465 cases have been filed and 67,724 disposed.
Donor Coordination on Case Management
At ADALAT’s invitation, JSSP assigned a permanent representative to the AAG to facilitate
collaboration between ACAS and CMS. In January, JSSP/CMS representative Mr. Hakimi
presented an overview of CMS to the AAG, which generated discussion of the feasibility of
integrating the CMS case number into the ACAS system to eliminate the need for CMS to
develop a separate Register. Subsequently, ADALAT and JSSP agreed to establish an
ACAS/CMS working group to identify the SC’s management information requirements and to
facilitate the development of automated solutions. The working group began meeting bi-weekly
on April 5. ADALAT and JSSP will continue efforts to centralize case processing policy,
procedures and supervision in a SC Directorate, in collaboration with the Planning and Policy
Department and the Department of Inspections.
C. AIBA
Bridge Grant
Funding AIBA while developing its capacity to self-finance is an ADALAT priority, yet all funding
remains contingent on transparency and collaborative engagement. The AIBA three-month
bridge grant clearance took longer than expected, as AIBA was not able to provide
documentation on time and to make a request for funds transfer. ADALAT agreed to a month-
long no cost extension from January 31, 2017 to February 28, 2017. Unfortunately, despite
many meetings and technical assistance, AIBA did not provide documentation timely enough to
clear tranche disbusements, and the agreement ended without ADALAT being able to disburse
the full grant amount.
HICD Solutions and Bylaws Recommendations
In the fourth quarter ADALAT held numerous educational meetings and substantive discussions
with AIBA concering the HICD assessment and solutions package and the proposed Bylaws
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 24
revisions. On January 4, 2017, ADALAT met with the AIBA President, Executive Director and
Finance Manager to discuss the HICD findings, General Assembly preparations, and a priority
list of activities (and estimated budget) for support followig the bridge grant period. While
AIBA submitted HICD feedback and agreed to work on priority list, it continued to express
disagreement with the HICD assessment findings. ADALAT agreed to correct factual mistakes
in the report but would not agree with AIBA’s request to change the independent analysis of
the international HICD expert whose findings were based on interviews, discussions, and
review of relevant documents over the course of a month. ADALAT worked with AIBA to
finalize a new six-month grant agreement and deverlope a plan to organize and conduct a
General Assembly during which members would vote on the revised bylaws and hold new
officer elections.
On February 12, 2017, AIBA’s Leadership Council met with ADALAT and USAID to discuss
the way forward with the HICD solutions and revised bylaws. AIBA agreed to ADALAT’s
proposals for addressing performance gaps. The AIBA leadership also agreed that the bylaws
revisions were necessary and showed a willingness to collaberate with ADALAT to prepare for
a General Assembly.
Milestones
In line with the new vetting time period (March 1 - August 31, 2017), ADALAT drafted a six-
month Fixed Amount Award (FAA) and provided the draft to AIBA for review. The FAA was
structured to tie monthly disbursements amounts to explicit milestones, including the
requirements to conduct a General Assembly in July, present the revised bylaws to the
membership for a vote up or down, and, if passed, hold new officer elections based on the
revised bylaws.
ADALAT drafted and shared a list of the milestones based on the HICD solutions and AIBA’s
own internal work plan. AIBA reviewed the list and brought significant changes which were
then incorporated into the final milestones contained in the new grant agreement. AIBA agreed
to conduct the General Assembly and requested ADALAT’s help with implmentation. ADALAT
met several times with AIBA leadeship to explain the FAA and review each contingeny. When
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 25
ADALAT presented AIBA the grant agreement (with milestones) for signature, AIBA refused to
provide a full and complete list of all AIBA members, inclduing contact details. ADALAT
reiterated that a full list is required (milestone #1) as part of the grant agreement. Due to its
reluctance to accept all of the proposed milestones, AIBA has not signed the grant agreement
in this reporting period and has requested a meeting in early April with USAID.
Member Survey
ADALAT prepared the scope of work and methodology for AIBA’s member survey and shared
it with AIBA leadership. ADALAT’s implementation plan included the survey methodology,
timeline, estimated budget, and a selection of the targeted provinces for the survey. ADALAT
and AIBA reviewed a sampling sheet of AIBA members in each province, databases (excel and
access), and the Dari version of the survey questionnaire. AIBA requested that ADALAT
provide a Pashtu language version of the survey questionnaire. During the meeting, it was
decided to launch the member survey prior to the General Assembly (i.e., phone, information
sessions on the bylaws revisions) and continue the survey through the General Assembly.
ADALAT then provided a Pashtu language version of all relevant documents to AIBA and
requested further information to assist in the development of tools to faciliate implementation
of the survey. AIBA has not provided a complete list of members with contact information and
has not authorized ADALAT in this quarter to conduct the survey.
Women’s Committee
In January ADALAT supported the relaunch of AIBAs Women’s Committee at a meeting
attended by 10 members, including the head of the committee. The HICD assessment revealed
that members on the committee expect to be compensated for their participation. A challenge
in Year 2 will be to encourage members of the Women’s Committee to volunteer their time to
perform the committee’s work, with ADALAT’s assistance, including developing Year 2
objectives and advocacy activities across the country, increasing women’s participation in AIBA
and supporting new women lawyers.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 26
Key Events for Next Quarter
Judicial
Meetings with the SC Inspections Department Director to discuss proposed
amendments to the Regulation on the Disciplining of Judges’ Offenses, and possible Year
2 activities
Provision of technical and financial assistance to the SC Publications Department in the
printing and distribution of the advisory opinions approved by the High Council
following the Kabul Judicial Conference (KJC)
Meetings with the leadership of AWJA to discuss possible Year 2 activities
Meetings with the SC Finance Department to review the final KJC budget and to
provide technical assistance to the Department for the inclusion of funds to defer the
cost of the next conference in the SC’s forthcoming budget request to the Government
Meetings with the Acting Secretary General for Administration to review the judicial
conference planning guide and to enlist his suggestions for improving the guide
Meetings with the Directors of the Publications and the Research and Studies
Departments to discuss the formation of a joint committee to consider the on-going
legal resources needs of Afghan judges
Meetings with the CJ and the Acting Secretary General for Administration to discuss
and secure approval of proposed Year 2 activities
Following CJ approval of Year 2 activities, execution of a USAID/SC memorandum of
understanding to govern the execution of Year 2 activities
Following AWJA approval of Year 2 activities, execution of AWJA/USAID memorandum
of understanding to govern the execution of Year 2 activities
Execution of Year 2, Quarter 1 activities pursuant to the two memorandums of
understanding
Non-judicial
Adopt MOU among USAID, SC and ADALAT for implementation of HICD and SC
Action Plan recommendations
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 27
Establish Commission on Implementation of Judicial Reform
Assist SC in conducting strategic planning process
Develop and implement Capacity Building and Performance Management sub-
directorate Implementation Plans
Develop Court Financial Management Training program
Develop HR Management training program, including implementation of CBR and Pay
and Grade Programs and development of HR and F/A MIS
Draft SC professional staff positions for the HR and Finance Departments and facilitate
recruitment of incumbents. Embed up to three HR and up to five finance professional
experts in SC Directorates to facilitate the implementation of merit personnel systems
and budget management systems
Develop non-judicial training strategic plan; develop non-judicial training catalog
Establish committee to develop top priority non-judicial training programs; develop
programs; conduct pilot trainings
Develop non-judicial code of conduct training. Facilitate development and adoption by
the SC of a non-judicial staff code of conduct and enforcement system
ASI/ADALAT publication of non-judicial training needs assessment report
ACAS
Publish ACAS Assessment Report
Conduct one-week workshop for AAG to update the ACAS Procedures Manual
Escort study tour to court within the region for AAG members on court administration
system
Start work on establishment of a Case Processing Department at the Supreme Court:
o Collaborate with JSSP on determining management information needed by court
system managers and best source and mechanism to generate
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 28
o Establish case processing time standards, court system delay and caseload
reduction goals and objectives and system for dissemination, training and
implementation
o Identify the clerks in the provinces to be trained as trainers for ACAS and
statistics
o Continue bi-weekly AAG meetings to review proposed and suggested
improvements to ACAS and formal revision of the ACAS procedures manual
AIBA
Continue to work with AIBA to sign the six-month grant agreement and prepare to
organize and hold the General Assembly
Provide to AIBA technical and financial support in achieving the milestone/deliverables
outlined in the grant agreement
Education and Women’s Committees to set up policies and objectives, finalize members,
establish secretariat and reporting mechanism, organize and launch first meetings
Conduct AIBA member survey
SUB-PURPOSE 2: STRENGTHENED FORMAL – TRADITIONAL JUSTICE
SECTOR LINKAGES
Progress Toward Activity Results
A. MOJ Huquq Department
HICD
After incorporating MOJ/Huquq feedback on the initial HICD assessment draft, ADALAT
prepared a comprehensive assessment report, including desired performance, gaps in
performance, and a solutions package, and shared it with the MOJ and USAID for review.
ADALAT, USAID, and MOJ met and verbally agreed to work together, in cooperation with
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 29
other donors, to address the Huquq’s challenges at the central and provincial levels. The
assessment confirmed the appropriateness of ADALAT’s Year 1 Work Plan. It also further
detailed the problem of missing or inadequate governing documents, including TORs, policies
and procedures, and job descriptions, as hindering vertical communication, particularly
executive responsiveness to district-level Huquq officials, and horizontal cooperation with
other MOJ departments and external justice-related entities. ADALAT and the MOJ have
prioritized creation of comprehensive and detailed governing documents in a draft
Memorandum of Understanding.
MOU
After verbal agreement to cooperate on many points in the HICD solutions package, ADALAT
drafted a Memorandum of Understanding (MOU) outlining issues and proposed interventions
and MOJ/Huquq and ADALAT’s respective roles in undertaking the described tasks. To
promote MOJ ownership and sustainability, the MOU places the MOJ/Huquq in the lead on
most activities. ADALAT will provide technical expertise, facilitation, and some material
support to the MOJ/Huquq in undertaking most MOU tasks. At quarter’s end, the MOJ and
ADALAT were negotiating final terms of the MOU and expect to sign it early in the next
quarter.
Huquq Advisory Committee and Working Sub-Committees
With ADALAT assistance, the MOJ/Huquq formed a Huquq Advisory Committee (and a
flexible working sub-committee structure) to guide all MOU activities. ADALAT will assist the
committees with work planning and technical expertise, as needed. The committees are
comprised of MOJ/Huquq leadership representatives, expert technical and professional staff,
and internal and external legal experts, including judges, university faculty, AIBA members, and
NLTC trainer experts. While working sub-committee membership is flexible depending on the
given task, ADALAT is encouraging Huquq leadership to maintain core membership throughout
each stage of MOU activity implementation to promote common understanding of challenges
and solutions. Potential working sub-committees include: governing documents, curriculum,
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 30
case management, outreach, etc. The committees and NLTC trainers replace the functions of
the ‘cadre of trainers’ discussed in the Year 1 Work Plan.
Huquq Governing Documents
The Huquq Advisory Committee, with ADALAT assistance, formed a working committee to
review and revise the Huquq governing legislation, the Law on Obtaining Rights (LoOR). The
committee also began to addresses issues such as harmonizing the LoOR with the draft
Conciliation/Jirga Law by authorizing the Huquq to refer cases to TDR; developing Huquq
policies and procedures to better define guidance for Huquq daily responsibilities; enhancing
police cooperation with the Huquq; and improving the Huquq case management system. The
draft Law on Obtaining Rights was shared with the MOJ/Taqnin department for review and
approval. According to the MOJ, a complete draft LoOR has been reviewed by the Minister and
is ready to send to the President for endorsement through decree during the parliamentary
recess. The Huquq Advisory Committee began planning to revise other Huquq governing
documents, including policies and procedures, and TORs.
Huquq Training Needs Assessment
ADALAT completed data collection, analysis, and a draft report for the Huquq training needs
assessment that began last quarter. The assessment gathered Huquq professional staff
perceptions of their procedural and substantive training needs as well as past training,
administrative needs, and other Huquq office challenges. In total, ADALAT interviewed 119
Huquq staff from 15 provincial and 60 district Huquq offices. The general assessment is helping
to inform immediate term revisions to the 1396 (2017) NLTC Stage curriculum to better meet
Huquq training needs. A more detailed training needs assessment will be conducted after
completing updates of Huquq governing documents and legal reference materials to measure
Huquq knowledge against the new standards.
ADALAT participated in an MOJ donor coordination meeting with JSSP, IDLO, and GIZ on
training needs assessments and capacity building generally. Participants discussed future donor
activities and agreed to coordinate with the MOJ Training Department, including sharing
assessment plans, questionnaires, reports, etc. with the training unit.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 31
NLTC Stage Curriculum Review
ADALAT continued its assistance to the curriculum working sub-committee and NLTC in
preparation for Huquq staff enrollment in the 2017 NTLC Stage. Using findings from the
training needs assessment and other Huquq input, ADALAT, the MOJ/Huquq, and NLTC held
initial discussions on a Huquq-specific Stage curriculum for Huquq professional staff. Initial ideas
included adding modules on the draft LoOR and Civil Procedures. Discussions continued at the
end of the quarter.
Huquq Case Management Assessment
During the fourth quarter, the Huquq case management assessment continued in Herat, Farah
Nimroz, Ghor, Badghis, Paktia, Khost, Balkh, and Sar-e-Pol provinces. In coordination with the
MOJ/Huquq and GIZ, the ADALAT team travelled to nine provinces to conduct focus group
discussions and individual interviews at the provincial and district levels. Where the GIZ pilot
system had not yet begun (i.e., Herat and the western region), ADALAT shared the GIZ CMS
model with Huquq staff to receive their feedback, suggestions, and recommendations, including
a user’s manual and a mechanism to provide statistics. The assessment report with findings and
recommendations will be prepared and submitted in the next quarter. Initial findings are that
the GIZ CMS model is less developed than previously thought, which may indicate a need for a
more extensive redesign. ADALAT, GIZ, and the MOJ have agreed to create a single Huquq
case management system for all provinces.
Establish Huquq Case Management Advisory Committee
ADALAT worked with the MOJ/Huquq to establish a Case Management Advisory Committee
to analyze CMS assessment data and lead development of the Huquq case management system.
The committee, including representatives from the Huquq General Directorate and Kabul
Province Huquq Department representatives, will coordinate closely with ADALAT, GIZ, and
the Italian Agency for Development Cooperation (in Herat). As an initial step, ADALAT will
assist the committee in drafting TORs.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 32
B. TDR/TLO/CSOs
The ADALAT TDR/CSO component stayed on track in providing legal education and solutions-
based programming for male and female TDR actors while building The Liaison Offices’ (TLO)
capacity to become trainers/mentors for additional CSOs in Year 2. With ADALAT mentoring
and monitoring, TLO management and field teams are becoming adept at understanding and
implementing all Afghanistan Justice Engagement Model (JEM) strategies, approaches, and
components.
Network Meetings
District Network Meetings
ADALAT continued the JEM core program by conducting Introductory District Network
Meetings for a critical mass of 480 male and 400 female participants in Ismailkhil Mandozai and
Nader Shah Kot districts of Khost province, and Khas Kunar and Narang districts of Kunar
province to introduce the ADALAT program and JEM model. In the meetings, participants
identified and assessed challenges to fair, impartial, and law-based justice, gaps in formal-
informal justice collaboration, and challenging disputes. The men and women also discussed the
needs of TDR practitioners and formal justice actors in addressing challenges and customizing
the JEM model to meet their needs. ADALAT considered these suggestions when planning
activities to include in the Year 2 Work Plan.
Spinsary discussion in Khas Kunar district, Kunar province on 14 March 2017
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 33
Provincial Network Meeting
ADALAT invited 120 influential elders and officials from all districts throughout Khost province
for an issue-based Provincial Network Meeting. The meeting focused on challenges such as
corruption in both the formal and informal justice sectors. The participants first assessed the
challenges, developed mutually agreed solutions, and formed provincial volunteer groups to
pursue those solutions. ADALAT documented these solutions and will develop a follow-up
activity to track progress on their achievement.
Legal Education Workshops
Prior to commencing legal education for district beneficiaries, ADALAT conducted ToTs for
both male and female trainers in the east and southeast regions to ensure effective, audience-
appropriate delivery of program content. ADALAT trained a total of 30 trainers, including 12
females, on understanding JEM’s key themes, including the details of each agenda, to ensure
trainers know the objectives of the deliberately chosen training content and the most effective
ways to promote audience receptivity. For example, the principles of consent to marriage and
property rights under Afghan and Sharia law were highlighted to help set the stage for reducing
baad and land usurpation, respectively. The future trainers were also briefed on adult education
teaching methodology to ensure legal concepts are understandable to a less educated audience.
ADALAT selected university Sharia and Law faculty or well-educated justice actors who hold
the requisite stature to maintain the audiences’ (particularly male) respect and trust.
Newly briefed ADALAT/TLO field staff and trainers then conducted JEM’s six legal workshops
– family law, constitutional law, criminal law, inheritance law, property law, and deeds – in all
four districts. The future TLO mentors organized, facilitated, and reported on each training, and
monitored the trainers to ensure all content was covered clearly and thoroughly.
ADALAT conducted another periodic review of Introduction to Basic Rights, JEM’s book of legal
education materials. Special attention was given to further simplification for an
uneducated/illiterate audience and to adding citations to promote audience understanding of
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 34
Afghan law as consistent with local culture and faith. ADALAT shared the materials with a new
set of university law faculty and judges for additional review and refinement.
State-TDR Working Group and Spinsary
TLO’s staff learned to organize and facilitate JEM’s solutions-base activities by holding working
sessions for around 45 influential male members of State-TDR Working Groups and 45 female
members of women’s spinsary dispute resolution groups.
State-TDR Working Group
ADALAT established State-TDR Working Groups of the most active and influential male formal
and informal justice participants. The groups held formal-informal justice cooperation
coordination meetings and issue-based discussion sessions. The coordination meetings promote
greater mutual understanding of, and agreement on, the respective roles and responsibilities of
the formal and informal justice sectors in resolving disputes. They also discussed and agreed on
protocols and mechanisms, including referral and registration forms, which ADALAT
distributed, for collaborating specific disputes. Over time, this mutually agreed structure
benefits both the formal and informal justice sectors and helps improve the quality and
consistency of justice in the district.
The same groups also met to discuss the most pressing challenges to quality formal and
informal justice in each district. These discussion sessions allow group members to collectively
assess and come to common understandings of challenges such as baad, corruption, abuse of
disputant deposits, etc., and then develop and commit to solutions to those challenges. Early in
the next quarter, the State-TDR Working Groups will culminate the core program (JEM’s first,
intensive phase) with capstone meetings where participants will have a chance to reflect on
what they have decided, pledge to commit to any solutions, and present those pledges to the
full district group.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 35
Spinsary Groups
ADALAT helped the most active, influential, and respected female participants form three
spinsary groups (of about 15 members) in each district. The female groups provide a vehicle to
bolster women’s vital role of tackling family, women’s, and children’s issues before they escalate
to more serious or violent conflicts. The groups also promote women’s access to and
participation in TDR by providing a forum to resolve women’s disputes and assist women
whose cases come before jirgas. In the fourth quarter, ADALAT spinsary groups conducted
discussion sessions on topics such as alternatives to baad, women’s participation in access to
justice, and resolution of women disputes. The women will also have a chance to pledge to
commit to agreed solutions during capstone meetings early in the next quarter.
Mediation Halls and Legal Libraries
ADALAT furnished mediation halls to serve as neutral dispute resolution and meeting venues in
all four districts of Kunar and Khost provinces. The mediation halls are used as a no-cost and
sustainable venue for ADALAT activities, as wells as other dispute resolution and formal-
informal justice gatherings. They also meet a specific request of district Huquq representatives
for mediation space. In addition, ADALAT is equipping the mediation halls with legal libraries,
which will benefit state and TDR actors and the community in general. A detailed report on the
furnishing of legal libraries will be provided in the next quarter.
TDR Database
ADALAT developed a database to maintain records of all JEM activities and participants. Like all
JEM designs and tools, TLO is using the database and it will be made available to all CSO
grantees. The database is searchable by participant details, district, activity type, date, etc.
ADALAT has populated the database with its initial 880 participants and all the activities
conducted to date. The database will be particularly useful in, for example, identifying
participants who missed core program activities who should be invited to makeup workshops.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 36
CSO Grants
ADALAT solicited and received applications for TDR grants in the east and southeast regions.
Based on evaluation criteria established in the RFA, ADALAT selected five applications for
vetting. The grants will be awarded in the next quarter. In the meantime, ADALAT is holding
training/mentoring methodology ToTs for TLO mentors in preparation for them to begin
mentoring new partner CSOs.
Key Events for Next Quarter
MOJ/Huquq Department
Finalize and sign the MOU between MOJ and USAID/ADALAT
Support the Huquq committees in establishing work plans, timelines, staffing, etc. for all
tasks outlined in the MOU and detailed in ADALAT’s Year 2 Work Plan
Complete interim review and revision of the 2017 NLTC Stage curriculum
Enroll Huquq staff in the 2017 Stage program at NLTC
Follow up the LoOR, encouraging MOJ leadership to lead in its adoption
Work with the Huquq working sub-committee with amendments to governing documents
for inclusion in the Huquq Reference Manual
Begin drafting annotated summaries of key legal information for inclusion in the Huquq
Reference Manual
Finalize and submit the Huquq case management assessment report
Begin discussions on extending Huquq training to the regional level
Continue to involve district Huquq Professional Members in leadership roles in
ADALAT’s TDR component
TLO/TDR
Print and distribute the new version of Introduction to Basic Rights book
Conduct a Provincial Network Meeting in Kunar Province
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 37
Conclude JEM district core program activities with capstone State-TDR Working Group
coordination meetings, spinsary capstone sessions, and district capstone network
meetings for the full district groups
New ADALAT/TLO teams implement JEM program in four new districts in the east and
south east regions as an experiential learning exercise
Award grants to the selected CSO grantees in east and southeast regions
Existing ADALAT/TLO staff mentors orient and begin mentoring new CSOs on JEM
model, including pre-intervention assessments, program customization, participant
selection, program design, each activity type, etc.
Conduct Regional Network Meeting in the east region on challenging or intractable
disputes
Continue field mentoring for TLO on all aspects of program design, management,
facilitation, evaluation, and mentoring of other CSOs
SUB-PURPOSE 3: INCREASED CITIZEN DEMAND FOR QUALITY LEGAL
SERVICES
Progress Toward Activity Results
A. Legal Outreach and Awareness, Advocacy, and Citizen Monitoring
Grants for Legal Outreach and Advocacy
RFAs Announced and Applications Received
To raise Afghan citizens’ awareness of their legal rights, ADALAT made progress in
implementing its grants program in the fourth quarter, finalizing and announcing Requests for
Applications (RFAs) for funding citizen-oriented projects. ADALAT announced one RFA for
legal advocacy programming and one for legal outreach projects. Of the 89 total applications
received for both grant types, 35 were deemed incomplete or otherwise ineligible for
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 38
consideration. A total of 51 proposals were evaluated, 28 for legal advocacy and 23 for legal
outreach.
ASEWO Herat Office Pre-Award Survey, 3 April 2017
Evaluation of Applications and Pre-Award Assessment of Shortlisted Candidates
ADALAT formed an evaluation committee for each grant type. The committee members,
consisting of three Afghan staff and one expat reviewer, individually read through and scored
the applications. The scores were averaged and the four highest scoring applicants for each
grant were selected for an additional pre-award assessment of their respective capacity.
ADALAT began conducting site visits to CSO headquarters and regional offices, reference
checks and reviews of organizational structure and finances. Final assessment reports for each
shortlisted applicant will be completed in the next quarter. Upon completion of vetting and the
pre-award assessments, the evaluation committees will reconvene to select grant recipients for
each grant type.
Court Monitoring
As noted in earlier reporting, the SC Chief Justice refused in Year 1 to allow ADALAT to
conduct court monitoring, based primarily on a mistrust of CSOs and their motivations. In
December 2016, Integrity Watch Afghanistan (IWA) released its biennial National Corruption
Survey, which concluded that a high level of corruption exists in the judiciary. Consequently,
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 39
the SC has been reluctant to revisit ADALAT’s request to permit court monitoring by CSOs as
part of the grants program. In the fourth quarter, ADALAT strengthened its positive
relationship with the SC through other component activities, including the successful
implementation of the Kabul Judicial Conference, during which the Chief Justice emphasized the
need for and importance of public confidence in the judiciary. ADALAT plans to renew its
request to conduct court observation when negotiating the final terms of the MOU with the SC
in the next quarter.
Civil Society Capacity-Building
Project Management Manual
Project management plays a vital role in achieving timely deliverables and overall objectives.
With a view to assist grantees in maximizing their capacity to smoothly manage ADALAT-
funded projects, in the fourth quarter ADALAT developed a manual on project management. In
the upcoming quarter, selected grantee staff will participate in a three-day Training of Trainers
(ToT) designed to teach effective project management. A slide presentation to accompany the
manual was also prepared, and all materials will be shared with the participants prior to the
training.
B. Legal Education
Assessment of Private Universities
In the fourth quarter, ADALAT developed a questionnaire to assess the capacity of certain
private universities’ law and Sharia faculties. The purpose of the assessment was to gather some
basic data to assist ADALAT in determining how private universities may effectively utilize
grants to improve the teaching of practical legal skills and establish law clinics. In January 2017,
ADALAT met with 11 private universities in Kabul to complete the capacity assessment
questionnaire. ADALAT also sent the questionnaire to private universities in the provinces.3
3 In Kabul, ADALAT’s legal education team met with Kateb University, Ibn-Sina University, Karwan University,
Kardan University, Khana-e-Noor University, Mashal University, Tabish University, Rana University, Bakhter
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 40
Information was gathered on the number of students, number of faculty staff, practical legal
subjects that are being taught, how the universities plan to revise curricula to include practical
subjects and establish legal clinics, etc.
From the information obtained to this point, it is clear that private universities, with the
possible exception of Mashal University, have taken no substantive steps to establishing legal
clinic programs in their law and Sharia faculties. There are few, if any, independent practical
skills courses in the curricula of the law and Sharia faculties. The closest thing to real legal
exposure is the limited opportunity to attend court hearings during field trips organized under
substantive courses. While private universities in the assessment process have expressed an
interest in establishing a legal clinic and are flexible with respect to amending their curricula to
include practical skills courses, they lack even a basic understanding of what real clinical legal
education involves, with many institutions wrongly believing visits to justice institutions suffice
as a clinical experience.
Information Sessions
ADALAT conducted three information sessions in Kabul, Herat and Mazar-e-Sharif for private
universities in February and March 2017. The purpose of the information sessions was to
provide participating universities with general information about curricula development and
clinical legal education. ADALAT also described the grants program, including the objectives,
eligibility requirements, application procedures, selection criteria, etc. The sessions were
conducted in close coordination with Private University Association (PUA), which helped
secure the venue for each information session. A total number of 60 participants, including
three women, from 38 private universities attended the sessions. Thirty-five professors and
university administrators attended the Kabul session from 25 private universities, including one
participant from Nangarhar province. Fourteen participants from six private universities
attended the session in Herat, and 11 participants from seven private universities were present
at the session in Balkh province.
University, and Maryam University. Al-Taqwa University in Nangarhar, Mawlana University in Balkh, and Kakashan
Sharq University in Herat responded to the questionnaire by email.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 41
ADALAT conducts a legal education information session in Mazar-e-Sharif, 5 March 2017
Representatives from the private university asked many questions about the RFA and expressed
confusion about the meaning of legal clinics and the eligibility requirements. Given the number
of questions and degree of confusion, ADALAT issued a notification canceling the previously-
announced RFA so that revisions could be drafted to increase understanding and answer
anticipated questions. The revised RFA will be announced in May.
TAF LALE Cooperation
ADALAT attended a two-day workshop organized by The Asia Foundation (TAF) from
February 28 – March 1. The goal of the workshop was to draft guidelines for legal clinics that
the Ministry of Higher Education (MoHE) could adopt and apply to both public and private
universities. The workshop was led by Professor Richard Grimes from the University of York
(UK). Other participants included representatives of LESPA, UNDP, ILF-A, ILAB, MoHE, Herat
University.
ADALAT met with TAF several times in March to discuss the inclusion of private university law
professors in TAF’s Legal Aid through Legal Education (LALE) program. LALE trains public
university law/Sharia professors on legal writing and pre-clinic course teaching. TAF agreed to
permit select instructors from private universities – selected through ADALAT’s competitive
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 42
grants application process – to attend LALE trainings. The trainings will not only prepare the
professors to teach legal writing and pre-clinic preparation to students, but will also inform how
selected private universities design their own clinical programs. The LALE training will be held
over the 2017 summer break and will last approximately four weeks. ADALAT will continue
refining its cooperation with TAF and the LALE program; the terms of which will be codified in
a Memorandum of Understanding in the next quarter.
Key Events for Next Quarter
Amend and announce revised Legal Clinical Education RFA
Award legal education grant(s) and support start-up activity
Develop facilitators guide and presentation on public speaking
Develop facilitator guide and presentation on advocacy
Train CSO grantees on advocacy
Provide technical assistance to selected CSO grantees as necessary
Revising RFAs in preparation for second grants cycle
Meet with SC to obtain buy-in for court monitoring
Review documents and reports on court monitoring grants program
Conduct lessons learned workshops for CSO grantee
Attend Counterpart International Afghan Civic Engagement Program roundtables
Assist grantees develop revised curricula to include practical skills courses
ACCOMPLISHMENTS
Judicial
Completed judicial training needs assessment and report
Supported successful Kabul Judicial Conference and meeting between USAID and CJ
Supported AWJA International Women’s Day event
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 43
Non-Judicial
Developed the technical interventions, based on HICD findings and recommendations,
both for HR and Administration/Finance General Directorates capacity development
Determined possible job titles for technical positions to be embedded in SC (at the cost
of ADALAT project) both for General Directorate of HR and General Directorate of
Administration and Finance
Collaborated with ASI and SC to conduct of Non-Judicial Training Needs Assessment
Assisted SC Finance Department in preparing KJC expense budget
Developed Year 2 Work Plan in collaboration with the SC based on coordination
between ADALAT HICD solutions and SC Action Plan priorities
ACAS
Conducted ACAS assessment in 12 provinces, concluding assessment of all courts in
every province
Distributed 25,000 file jackets and 114 Case Registry Books
Collected caseload statistics (filed, disposed and pending) for all courts for years 1394
and 1395
Completed draft report of ACAS assessment
AIBA
Finalized external financial audit of AIBA
Finalized HICD report along with solution package
Heped AIBA draft a new work plan based on HICD findings
Completed the three-month AIBA bridge grant (including a one-month no-cost
extention)
Finalized perfromance milestones and allocated budget to deliverables
Finalized recommendations for revised bylaws
Commenced preparations for General Assembly
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 44
MOJ/Huquq/TDR/TLO
Established MOJ/Huquq Advisory Committee
Implemented JEM in four districts
Trained TLO to take over mentorship and management of civil society support for
bridging formal justice and TDR
CSO partners solicited through RFA and applicants shortlisted for in depth capacity
assessment
Civil Society Support
Developed training manual and presentation slides on project management
Past performance questionnaire and pre-award assessment report developed
Continued conducting meetings with CSOs to discuss legal awareness and advocacy
programming opportunities based on lessons learned and potential for innovation
Met with DAI/MUSHARIKT and Counterpart International (CPI) to explore
opportunities for ADALAT to join the Civil Society Joint Working Group (CSJWG)
Announced RFAs on legal advocacy and legal outreach
Completed pre-award assessment visits for of potential grantees
Legal Education
Informally assessed capacity and interest of private universities in legal clinical education
Conducted information sessions for private universities in Herat, Mazar-e-Sharif, and
Kabul
Supported TAF’s preparation of guidelines for legal clinics
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 45
RESULTS, VARIANCES AND LESSONS LEARNED
JUDICIAL
1. Expected Result: Initiate Judicial Conference Plan. Actual Result: KJC Secretariat
and working commissions established and functioning, and draft conference budget
prepared. Reason for Variance: no variance; date of conference delayed to permit
planning and preparation. Lessons Learned: ADALAT learned that SC needs to have a
specific written conference planning and budgeting protocol to be a guideline for
conducting judicial conferences in the future.
2. Expected Result: Judicial Stage Evaluation. ADALAT will obtain approval to evaluate
the 30th Judicial Stage and to strengthen the JED capacity to conduct continuing judicial
education. Actual Result: The Head of the JED agreed to the evaluation of the Judicial
Stage in principle but he has declined to participate with ADALAT and initiate the
evaluation. Reason for Variance: ADALAT and the Head of the JED have different
priorities, and the JED leadership is not willing to cooperate in this regard. Lesson
Learned: Broader and resolute direction and support for ADALAT activities with the
JED is needed from the CJ, SC Justices, and the Director General of Administration.
3. Expected Result: Comparison of Judicial Disciplinary Regulation to International
Standards and Preparation of Conforming Amendments. ADALAT will prepare a paper
comparing the Judicial Disciplinary Regulation with international judicial discipline
standards, with attention to judicial discipline regulatory systems in other countries, and
proposing amendments to conform the Disciplinary Regulation to international
standards. Actual Result: Paper completed and translated into Dari. Variance: No
variance; however, extensive capacity building of the Department of Inspection needed,
including documentation of policies and procedures, and development of disciplinary
enforcement data base, etc. Lessons learned: The Department has not been provided
any capacity building programs and the regulations related to the Department need to
be reviewed and standardized.
4. Expected Result: Conduct Informal Continuing Judicial Education Training Needs
Assessment: Actual Result: Key informant interviews with judicial and non-judicial
sources have been completed and a report, in draft form, analyzing the results of those
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 46
interviews has been prepared; ACAS case type and case load data will be analyzed in
preparation of a final report. Variance: no variance; however, resistance by
counterpart JED to results of assessment anticipated. Lessons Learned: Duplication
of efforts without cooperation by implementers (ADALAT and IDLO) creates
counterpart confusion, frustration, and resistance.
5. Expected Result: The advisory opinions exercise will result in the presentation of a
CJE topic at the judicial conference and the publication and distribution of useful legal
text books to all the judges in Afghanistan. Actual Result: A judicial circular has been
sent to collect all instructional judicial questions and a designated KRJC Secretariat
commission is reviewing the questions and preparing answers in anticipation of the
KRJC. Reason for Variance: Deferral of the KRJC date. Lessons Learned: There is
not an organized protocol and a specific plan for collecting the instructional judicial
questions on a continuing basis.
6. Expected Result: The evaluation of the 30th Judicial Stage will provide the information
needed to prepare a comprehensive evaluation report in Year 2. Actual Result:
Evaluation has not been carried out. Reasons for Variance: See above. Lessons
Learned: See above.
7. Expected Result: The preparation of a CJE program for the KRJC by the AWJA will
result in the dissemination of necessary and useful information to the judges of
Afghanistan, improvement in the research and drafting skills of the women judges
preparing the program materials, and enhancement of the recognition and respect
accorded the AWJA within the judicial and national communities. Actual Result: With
technical support from ADALAT, AWJA committees are preparing conference
materials. Reasons for Variance: no variance. Lessons Learned: AWJA leadership
needs more technical support and capacity building programs.
NON-JUDICIAL
1. Expected Result: Reach agreement between ADALAT and HR and Finance/Admin
Directors on priorities for HICD Implementation assistance: Actual Results: ADALAT
and SC Department Heads unable to agree on priorities for implementation assistance
to be provided by ADALAT. Reasons for Variance: While ADALAT emphasized the
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 47
need for technical assistance and training to fill the capacity gaps identified by HICD in
the HR and Finance/Admin Directorates, the SC Directors continued to insist that their
priority needs were for facilities and equipment and that technical assistance and training
to implement management solutions were of lower priority. Lessons Learned:
Counterpart organization (SC) cooperation with contractors requires (1) donor
(USAID) communication of funding and program policy and (2) commitment in support
of donor program objectives by the counterpart organization’s leadership (CJ).
2. Expected Result: MOU: The HICD Assessment includes specific actions to be
memorialized in an MOU between ADALAT and the SC Admin and Finance
Departments setting forth the obligations of both parties to provide the resources
necessary to successfully implement the agreed solutions. This will form the basis of
future ADALAT work plans and may result in some alterations to this plan. Actual
Result: Action on MOU deferred pending resolution of disconnect between SC and
ADALAT regarding relative priority of HICD recommendations. Reason for variance:
SC adopted Action Plan based on Justice Sector National Plan that had not been
incorporated in HICD assessment process. CJ ultimately advised that SC and ADALAT
could agree on HICD management solutions provided those solutions were compatible
with the SC’s Action Plan. Lesson Learned: In a hierarchical organization, policy
authority determined at the top.
3. Expected Result: Provide Judicial Conference Logistical Support. Actual Results:
Assisted Finance Department in development and implementation of judicial conference
expenses budget; security; and transcription of proceedings. Minor financial challenges,
including meals for security staff. Reasons for Variance: No variance. Lessons
Learned: SC needs to include next year’s conference expenses in operational budget.
Finance Department needs operational budget development expertise.
4. Expected Result: Non-judicial Training Needs Assessment. Actual Result: Donors
and SC agreed ASI should be principally responsible for TNA. ADALAT’s TA role
initially disapproved by SC Project Management, but subsequently allowed. TA role then
limited by ASI Project Manager to conducting ASI TNA survey in five provinces not
included in ASI sample. ADALAT agreed to provide technical assistance to ASI, provided
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 48
ASI is amenable to providing appropriate attribution for ADALAT support in ASI Final
Report. ADALAT administered ASI survey in four provinces in February and March and
provided data collected from surveys and from focus group discussions in each province
to ASI for integration into ASI’s TNA Report, due to be published in April 2017.
Reason for Variance: ASI/World Bank authorized to conduct judicial and non-judicial
TNA, beginning January 2017; recognition by SC and international community that
ADALAT assessment would be duplicative. ASI and ADALAT agreed to collaborate on
non-judicial staff TNA. Lessons Learned: Although ASI was selected by the WB to
conduct this assessment in January 2015, ADALAT and USAID unaware of this
development until December 2016. Because multiple donors may be authorized by the
SC to conduct same or similar projects, better donor coordination is needed.
5. Expected Result: Develop non-judicial code of conduct training. Actual Result:
Development activities deferred until Year 2. Reasons for Variance: While
development of a non-judicial code and enforcement mechanism and a training program
to support implementation remain priorities for ADALAT, SC remained skeptical of the
need for and priority of this activity. Lessons Learned: Importance of strategic
planning.
ACAS/STATISTICS
1. Expected Results: Assess ACAS and document its use in all courts. The ACAS
Assessment Final Report will be complete. Actual Results: ACAS assessment was
conducted in remained 12 provinces (7 provinces assessed onsite and 5 insecure
provinces assessed by phone). The final draft of the Assessment Report was completed,
documenting ACAS policies, procedures and recommendations for improvement, and is
currently being reviewed and translated for publication in April. Reasons for
Variance: Due to security problems and weather conditions, trips to some provinces
were delayed, so the final draft was completed but will not be published until April.
Lessons Learned: Responsibility for training new employees and existing staff on
changes in ACAS, which shall be approved by the high council of the SC, needs to be
shifted from the donor community to the SC.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 49
2. Expected Results: File jackets and Registers to meet every court’s needs for 1395 will
be distributed to all courts. Actual Results: 25,000 File jackets and 114 Registers were
delivered to courts that had not received them previously. Reason for Variance: No
variance. Lessons Learned: Responsibility for funding, production and dissemination of
case management materials need to be vested in a centralized case processing
department at the SC.
3. Expected Results: The AAG will continue to meet to consider clerks’ suggestions for
improvements to ACAS and to revise the ACAS Procedures Manual. Actual Results:
AAG was only able to meet one time during the Quarter; thus Procedures Manual
development was deferred until the next quarter, when the AAG will present the
revised Manual to the High Council. Reason for Variance: In addition to delays
encountered in conducting onsite assessments to some courts (see above #1), access to
the SC was limited due to the attack on the SC in February and the Judicial Conference
conducted during March. Lessons Learned: Responsibility for coordination of case
management activities needs to be vested in a centralized case processing department at
the SC, guided by an advisory board such as the AAG.
4. Expected Results: A training for court personnel on implementation of the revised
Procedures Manual will be planned and trainings will be developed following SC approval
of changes to the Procedures Manual. Clerks in the provinces will be trained as trainers
for implementation of ACAS and Statistics procedural changes. Actual Results:
Development of training program and selection of trainees was deferred until
completion by AAG of revisions to ACAS Procedures Manual and Statistical Reporting
System and approval of those revisions by the High Council. Reason for Variance:
Delays in completing all assessments. Lesson Learned: Responsibility for coordination
of case management activities needs to be vested in a centralized case processing
department at the SC, guided by an advisory board such as the AAG.
AIBA
1. Expected Result: HICD report/solutions package, and bylaws report drafted, shared
for review and finalized. Actual Result: HICD and bylaws assessments of AIBA
finalized. Reasons for Variance: No variance. Lessons Learned: N/A
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 50
2. Expected Result: AIBA bridge grant approved for three months (Nov 2016 - Jan
2017). Actual Result: ADALAT disbursed tranches based on clearance of financial
reports. Reason for Variance: AIBA was not able to provide financial documents
timely and as per grant requirements resulting in delays. As a result, ADALAT requested
a no-cost extension for one month to allow AIBA to access more grant funds. Lessons
Learned: AIBA lacks capacity to prepare acceptable financial reports on first
submission and required a lot of persistent guidance.
3. Expected Result: Issue new six-month grant to AIBA with agreed upon milestones
tied to holding a General Assembly and voting on the revised bylaws, and if passed,
conducting new officer elections. Actual Result: AIBA did not did not sign grant
agreement. Reason for Variance: AIBA did not agree with milestones and grant
contingencies. Lessons Learned: N/A
HUQUQ/TDR/TLO
1. Expected Results: The collective HICD process will result in a “Performance
Solutions Package” and MoU between USAID and the MOJ/Huquq Department outlining
the commitments of both parties to successfully implement agreed to solutions, which
may include policies and procedures, staffing plans and recruitment criteria, training
requirements, protocols, more detailed assessments, etc. Actual Result: HICD
complete and MOU drafting/negotiation being completed at the end of quarter. Reason
for Variance: Discussions with MOJ more time consuming than initially planned with
changing requests, etc. Lessons Learned: N/A
2. Expected Results: Relevant (governing – TOR, policy and procedure) documents
created and amended as needed. Actual Results: Delayed pending enactment of Law
on Obtaining Rights Reason for Variance: This activity/ expected result was
contingent upon confirmation of need by the HICD. The HICD confirmed the need, but
the governing document review has been delayed until enactment of the Law on
Obtaining Rights, on which the other governing documents depend. ADALAT is
assisting the Huquq Advisory Committee in planning to form a Governing Document
Working Sub-Committee to undertake the tasks. Lessons Learn: N/A
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 51
3. Expected Results: The training needs assessment will provide a detailed understanding
of Huquq professional TORs and SOPs, training provided to, and additional training
needed by, degree holding new hires and less educated existing staff. Actual Results:
The perceptual training needs assessment is complete and ADALAT is assisting the
Huquq and NLTC in incorporating its findings into modifications to the 2017 Stage to
better meeting the Huquq’s needs. Reason for Variance: No variance. Lessons
Learned: N/A
4. Expected Results: A complete understanding of Huquq case management needs and
recommendations for addressing them will aid the development or finalization of an
effective and sustainable case management system, including a procedures manual, all
forms/tools, etc. Systemized case management and tracking will increase organizational
and administrative capacity of the Huquq at the central, provincial, and district level,
thereby improving Huquq efficiency and user experience. Actual Results: Nearing
completion. The Huquq case management assessment will be completed in the next
quarter. Reason for Variance: The assessment has moved more slowly than expected
due to weather conditions and the delay of partners in submitting pilot system
documents. Lessons Learned: The pilot system is not fully developed, which suggests
a more extensive redraft than originally planned may be required.
5. Expected Result: Involvement of NLTC training staff or recruitment of a MOJ cadre
of trainers will assist the NLTC and MOJ to assess Huquq training needs, develop a
comprehensive training model, and bolster the MOJ’s capacity to select, train, and
monitor and evaluate professional staff. Actual Result: Cadre of trainers concept
replaced with Huquq Advisory Committee and Working Sub-Committee structure to
lead and undertake governing document reviews, detailed training needs assessments,
Stage curriculum development, etc. The new committee structure is in place. Reason
for Variance: Minimal variance. Change is largely in name. Lessons Learned: N/A
6. Expected Result: A strengthened Huquq working directly with the traditional justice
sector will create bridges between the formal and informal justice sectors. Competent,
effective Huquq engagement with TDR providers and the public will build confidence in
the institution, thereby making sustainable cooperation more likely. Actual Result: The
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 52
district Huquq staff continue to participate in ADALAT formal-informal justice linkage
activities, including as members of the State-TDR Working Group. Depending on
capacity, ADALAT will continue to encourage Huquq staff to play an active, if not
leadership role, in the State-TDR Working Group. Reason for Variance: No variance.
Lessons Learned: N/A
8. Expected Result: A strengthened TLO providing expert direct program
implementation for the improvement/reform of the traditional justice sector and
creating bridges between the formal and informal justice sectors, with special attention
to gender considerations. Actual Result: Through implementation of the JEM core
program in four districts, TLO staff have continued to learn and are now capable of
mentoring and monitoring other CSOs in Year Two. Reason for Variance: No
variance. Lessons Learned: N/A Expected Result: CSOs understand grant writing
and are able to apply for grants. Actual Result: The grants applications from a number
civil society organizations were received and reviewed for selection. Reason for
Variance: No variance. Lessons Learned: N/A
CIVIL SOCIETY SUPPORT
1. Expected Results: Grant program announced and applications requested from CSOs.
Actual Result: RFAs finalized and announced in February 2017. Reason for
Variance: No variance. Lessons Learned: N/A
2. Expected Results: CSO grant proposals evaluated and grantees selected for award
following a pre-award assessment of their capacity and qualification. Actual Results:
Proposals initially evaluated and assessed, final selection pending background checks.
Reason for Variance: USAID vetting requirements and due diligence process caused
delays. Lessons Learned: Consider timing of each stage of the whole process at the
planning stage.
LEGAL EDUCATION
1. Expected Results: RFA announced and private university grantees selected to begin
implementing clinical education program. Actual results: RFA announced and then
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 53
cancelled in order to be revised after many potential applicants expressed confusion
about the subject matter. Reason for Variance: ADALAT wanted to make the grant
opportunity competitive and available to a broad range of private universities, and with
few applicants eligible or confident in their capacity, revisions were necessary. Lessons
Learned: Significant investigation of the capacity and qualifications of organizations to
receive and manage ADALAT grants covering relatively unfamiliar scope of work
required in RFA development.
2. Expected Results: Information sessions for private universities interested in clinical
legal education. Actual Results: Three information sessions held in Kabul, Balkh and
Herat. Reasons for Variance: No variance. Lessons Learned: N/A.
GENDER
Progress towards Results
Gender Mainstreaming has a major focus within ADALAT. Gender is a cross-cutting theme
valued across the project, with every component directly committed to promoting gender
balance. During the fourth quarter, ADALAT’s Senior Gender Specialist had been involved in
the below-listed programmatic activities:
1. REVIEW OF YEAR 2 WORK PLAN: A gender sensitive review of work plan
2. SUBCONTRACTS, GRANTS AND COMPLIANCE DEPARTMENT:
Attendance at grants orientation session on proposal review, protocols and procedures,
review of a total of 60 proposals from a gender perspective
3. SUPREME COURT: Attendance at Supreme Court Judicial Conference &
introductory meeting of AWJA with USAID
4. TRADITIONAL JUSTICE CSOs SUPPORT: Close coordination with advocacy
manager of Afghan Women Network (AWN) for a presentation session on TDR and
contribution to report on the presentation. In addition, writing of two reports on
promotion of gender sensitivity and consideration of women’s needs during planned
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 54
activities implemented under the TDR Component in the target districts of Khost and
Kunar provinces.
5. HUQUQ DEPARTMENT: Meetings with gender unit of MOJ to find out about
donor activities to promote the role of women and increase the number of female
employees in ministerial departments and directorates. Attendance at two-day of
National Conference Organized for MOJ supported by JSSP and Certificate Distribution
Ceremony Internship Program supported by GIZ.
6. PARTNERS (AJO & TLO): Meetings with Gender Coordinator from TLO on her
field visits from Khost and Kunar Provinces to discuss her observations and
opportunities for further developments. Attendance of first introductory meeting and
follow up meeting of Women’s Committee of AIBA.
7. INTRODUCTIONS, COORDINATION & NETWORKING: Attendance at a
number of introductory meetings with four primary aims, (1) introducing ADALAT to
relevant local CSOs, (2) identifying potential grantees (3) networking and recognition of
CSOs with strong local knowledge and TDR experience, and (4) representing ADALAT
at National and International Coordination Meetings, including with Human Rights and
Eradication of Violence Organization (HERVO), Afghan Women Enterprise Network
(AWEN), AWN, Women’s Peace & Security Working Group, and Women in
Government (WIG).
Key Events for Next Quarter
Coordination and Networking (ongoing)
Provision of needs based gender technical assistance to implementing partners AJO
& TLO and ADALAT Team (ongoing)
Follow up meeting and need-based technical assistance to the Gender Unit of MOJ
(on going)
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 55
MONITORING AND EVALUATION
Justice User Satisfaction Tool (JUST) Survey
From January through March 2017, the JUST Survey was implemented by subcontractor RSI
with the purpose examining perceptions among users of the courts and Huquq offices in 100
locations across Afghanistan. The survey will help ADALAT to learn about Huquq and court
users’ experience, overall satisfaction and their perceptions of the fairness and competency of
both professional and clerical staff. A total sample size of 1000 (500 Huquq and 500 Court
users) were randomly selected within 25 provinces of Afghanistan.
The table below shows the gender and type of respondent cases:
Categories Huquq Users Court Users
Gender of Respondent Male: 484 Female: 21 Male: 491 Female: 13
Plaintiff or defendant in the
case
Plaintiff: 346 Defendant: 159 Plaintiff: 375 Defendant: 129
The results of the survey will establish the baseline and targets for almost a dozen key
indicators for ADALAT to track progress. A detailed JUST Survey report will be prepared and
shared in the next quarter.
AIBA Member Perception Survey
The methodology and data collection tools for the AIBA member’s perception survey were
developed and finalized in the fourth quarter. The survey is intended to gather information
about the satisfaction level of members with services and benefits provided by AIBA, as well as
perceptions of members about improved court performance. The data collection tools were
translated into the local languages and will be used in the field.
The member perception survey data collection will take place initially in May and June 2017 in
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 56
six provinces with a total sample size of 300 (23% female) interviews. The data will be collected
through a mix methodology of phonic interview and face to face interviews. During the
reporting period, preliminary meetings and discussions were held with AIBA management about
the timeline and necessary steps for implementation of the survey. ADALAT also plans to assist
AIBA administer the member survey at the General Assembly in July.
Judicial Conference Evaluation
ADALAT conducted a quick evaluation at the end of the Kabul Judicial Conference. A pre-
designed “Evaluation Questionnaire” was conducted and a total of 69% of conference
participants completed the questionnaire immediately after the sessions ended. A total of 87%
percent of the respondents were satisfied with the organization of the conference.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 1
Annex 1
ADALAT Quarterly Report - Jan- March 2017
ADALAT Deliverables
Sub Purpose 1 - Increased Formal Justice Sector Effectiveness
Component Description Date Comment
Supreme Court
ACAS team conducted forcus group discussions with
districts court clerks of Herat province and statistics of
2015 and 2016 collected. Also, a refresher training on
using of ACAS system provided. Case folders and case
registry books distributed.
Dec 31, 2016- Jan
5,2017
Supreme Court
ADALAT ACAS team asessed Appellate and Primary
court of Farah proince and collected statistics of 2015
and 2016. In addition, Focus Group Discussions (FGDs)
also conducted with clerks of Appellate court of districts
and 2900 file jackets and 7 registry books distributed.
Jan 7- 12, 2017
Supreme Court English translated version of the HICD report submitted
to AIBA for review and finalization. Jan 7- 12, 2017
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 2
Supreme Court
ADALAT ACAS team assessed Appellate and Primary
court of Nimroz proince and collected statistics of 2015
and 2016. In addition, Focus Group Discussions (FGDs)
also conducted with clerks and judges of Appellate court
of Zarang and districts.
Jan 14-19, 2017
Supreme Court
Prepared a list of possible technical positions which are
required to be embedded at Supreme Court's HR and
Finance Directorates with the financial support of
ADALAT project.
Jan 14- 19, 2017
Supreme Court ADALAT accompanied Adam Smith International (ASI)
team to conduct onsite TNA assessment to Parwan Jan-21-2017
Supreme Court
AIBA draft bylaw revisions report was finalized and
translated into Dari. The report was subsequently
submitted to AIBA for their review and inputs.
Jan 21-26, 2017
Supreme Court
Human Resource Management (HRM) interventions plan
drafted based on HICD findings in order to be presented
for Memorandum of Understanding (MOU) discussions
with the General Directorate of Human Resources of
Supreme Court.
Jan 28- Feb 2, 2017
Supreme Court
ADALAT team has conducted Focus Group Discussion
for clerks of districts, primary and appellate courts of
Khost, Ghor, Sar e Pul and Badghis provinces to assess
the clerks’ training needs. For a comprehensive discussion
and better understanding of the needs, we discussed on
the types and descriptions of each training according to
their routine performances.
February 10 –March 4
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 3
Supreme Court
ADALAT drafted a MOU and priority list from the HICD
solution package from the AIBA assessment. The draft
priority list will be shared with AIBA for it input.
Feb 11-16, 2017
Supreme Court Budget for Judicial Conference prepared and submitted Feb 18-23, 2017
Supreme Court
Started developing an internal Capacity Building Strategy
that ADALAT will use to systematically assist the court’s
HR General Directorate
Feb 18-23, 2017
Supreme Court
ACAS team conducted focus group discussions with
districts, primary and appellate court clerks of Sar-e-Pul
province and a refresher training on using of ACAS
system provided. Case folders and case registry books
distributed.
Feb 18-23, 2017
Supreme Court Settled on AIBA’s HICD priority list and MOU drafted Feb 18-23, 2017
Supreme Court ACAS assessment was done with clerks of Sar-e-Pul
province in Balkh. Feb-22-2017
Supreme Court
ADALAT ACAS team assessed Appellate and Primary
court of Badghis province and collected statistics of 2015
and 2016. In addition, the team trained clerks on ACAS
processes and collected statistics.
Feb 25- March 2, 2017
Supreme Court ACAS assessment was done with Supreme court
department of Kabul. March 4-7,2017
Supreme Court
The field survey data and summary report of four FGDs
(Sar-e-Pul, Badghis, Ghor and Khost province) shared
with Adam Smith International (ASI)- as part of
ADALAT's committed assistance.
March 4-9, 2017
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 4
Supreme Court
ACAS assessment of all divisions of Supreme Court in
Kabul conducted and statistics of 2015 and 2016
collected.
March 4-9, 2017
Supreme Court
Presentation prepared on AIBA's Education Committee
to illustrate annual graduations rates from Law/Sharia
faculties at public and private universities with a purpose
to evaluate how it serves the needs of law students and
recent graduates.
March 4-9, 2017
Supreme Court
Conducted the Supreme Court’s 4-day Judicial
Conference (JC). During the JC, five committees
reviewed and discussed legal issues and ultimately issued
Advisory Opinions that will be published and distributed
to all judges, who will refer to them for guidance when
deciding cases. ADALAT provided USAID written daily
summaries of conference activities.
March 11-16, 2017
Supreme Court Presented a preliminary summary of findings from the
ACAS assessment on the last day of the conference. March 11-16, 2017
Supreme Court
A list of milestones shared with the Afghanistan
Independent Bar Association (AIBA) which are an integral
part of the next grant funding mechanism for AIBA.
March 11-16, 2017
Supreme Court
Supported the Afghanistan Women’s Judges Association
(AWJA) with its full-day ceremony and educational event
commemorating International Women’s. More than 200
female judges attended the event, which included several
panel discussions and a presentation on role of women
judges in fighting corruption.
March 25-30, 2017
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 5
Supreme Court
The list, job descriptions and expected performance
results of the possible embed advisors prepared for
Directorates of HR and Administration and Finance.
March 25-30, 2017
Supreme Court AIBA Member Survey data collection tools shared the
Leadership Council of AIBA. March 25-30, 2017
Sub Purpose 2 - Strengthened Formal- Traditional Justice Sector Linkages
Component Description Date Comment
Hoquq Year1 Quarter-4 Performance Report submitted and approved
March-30-2017
Hoquq Huquq training assessment and recommendations
submitted USAID March-30-2017
Sub Purpose 3 - Increased Citizen Demand for Quality Legal Services
Component Description Date Comment
Outreach,
Advocacy and
CSO Support
Project management training manual developed Feb-15-2017
Outreach,
Advocacy and
CSO Support
Project management training presentation slides
developed Feb-18-2017
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 6
Outreach,
Advocacy and
CSO Support
Pre-Award assessment reporting template developed March-25-2017
Legal Education
An informal report about certain private universities (13)
universities about their capacity building assessment was
prepared and shared internally
Feb-20-2017
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 7
Annex 2
ADALAT Quarterly Report - Jan-Mar 2017
ADALAT Meetings
Sub-
Purpose Short Description Date Results
1
Met with Judge Najibullah Akbari, Head of the
SC’s Inspection Department (ID) and delivered
ADALAT’s research paper on code of conduct
enforcement mechanisms
Dec 31, 2016- Jan
5,2017
ADALAT’s judicial expert, Steve Swanson, presented
the research findings and proposed amendment to the
SC by next week.
1
Met with the SC’s commercial law working group to support development of topical training
materials.
Dec 31, 2016- Jan
5,2017
The group specifically discussed issues pertaining to counter claims and dispute withdrawal procedures in
commercial cases.
1
Met with the AIBA Leadership Council to
continue reviewing proposed by law revisions. Dec 31, 2016- Jan
5,2017
The AIBA Leadership Council agreed with the By Law
revisions and solution package and ready to fully
cooperate with ADALAT.
1
Met with Judge Akbari and Members of
Department of Inspection to present the Judicial
conduct enforcement mechanisms and proposed
amendments to the regulation on considering the judges’ offenses.
Jan 7-12, 2017
The effort was appreciated and inputs will be shared
back with ADALAT team.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 8
1
ADALAT participated in Commercial Law
Working Group. Jan 7-12, 2017
The group members discussed about the withdrawal of
the dispute and talked about default judgment
conditions and procedures for commercial cases.
1
Met with Justice Adalatkhaw, Member of High
Council and Head of Division of Crimes against
National and Foreign Security about considering
the family Law educational program part of the
Judicial Conference and publication of the family
Law book.
Jan 7-12, 2017
Justice Adalatkhaw welcomed the idea of educational
program on family Law. The issue will be discussed with
Chief Justice for his approval.
1
Met with Mr. Zohbal, Acting Head of General
Administrative of Judiciary Power to discuss the
Judicial Conference Jan 7-12, 2017
The discussion was about arrangement of the Judicial
Conference and selecting of Intercontinental hotel as
venue for the event by Chief Justice. ADALAT will
provide the print documents related to the JC.
1
Met with AWJA Elimination of Violence Against
Women Law (EVAW) committee to discuss the
developing of agenda for Judicial Conference Jan 7-12, 2017
The Committee shared a draft of the topics to be
presented at Judicial Conference.
1
Met with AIBA President, Executive Director and
Finance Manager to discuss the By Laws, bridge
grant, external audit, HICD report, general
assembly, and AIBA vetting process Jan 7-12, 2017
AIBA is willing to revise the By Law and support it.
ADALAT team briefly explained the Bridget grant
agreement.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 9
1
Met with Justice Adalatkhaw, Member of High
Council of SC and to discuss about Judicial
Conference and family law training
Jan 14-19, 2017
The discussion focused on publication of Family Law
book and organization of Family Law training and
Justice Adalatkhaw agreed to facilitate the one or two
days training. ADALAT team also discussed about
Judicial conduct enforcement mechanisms and
proposed amendments to the regulation on considering
the judges' offense.
1
Follow up meeting with Commercial Law
Working Group (CLWG) to track progress of
answering the questions/challenges of the courts
with regard to commercial law. Jan 14-19, 2017
The group went through the questions/challenges and
discussed on two issues “withdrawal of disputes and
default judgment”.
1
Met with AWJA committee members for Judicial
Conference to discuss on their agenda,
preparation and needs for JC Jan 14-19, 2017
The agenda drafted and will be reviewed again by
AWJA committee.
1
Met with Chief Judge and Members of public
rights division of primary court to discuss on their
challenges and suggestions for future possible
cooperation
Jan 14-19, 2017
ADALAT will assist to provide commentary and
explanation for civil procedural law as well as to publish
the collected materials.
1
Met with Justice Abdul Hasib Ahadi to discuss the
commercial law training after JC
Jan 14-19, 2017
The Justice Ahadi emphasized on the needs of SC for
judicial training for judges and especially on commercial
law issues. Criminal Law Working Group is developing
the agenda for the training and ADALAT will discuss in
details with this committee.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 10
1
Met with Judge Akbari, Director of Inspections
department of SC
Jan 14-19, 2017
ADALAT team briefed about the Year Two activities
and work plan which will start from April 01, 2017. In
the year two work plan ADALAT will expand its
activities to Inspection department to provide capacity
building for court inspections function. SC emphasized
on capacity building of 37 professional members of the
Inspection department.
1
Met with Judge Anisa Rasooli, Head of Appellate
Court of and Judge Rahima Rezaee, Head of Civil
and Personal Status division of the Appellate
Court to share the agenda of AWJA Committees
for the upcoming Judicial Conference
Jan 21- 26, 2017
The agenda will be reviewed and will be shared back
with AWJA and ADALAT.
1
Met with the Acting General Administrative
Director of Judiciary at Supreme Court to discuss
priorities of the Supreme Court toward HICD
findings
Jan 21- 26, 2017
It was agreed to coordinate/facilitate meetings with the
relevant directorates of HR and Finance/Admin for
further process.
1
Met with Head of Statistics Department at Supreme Court to discuss and clarify statistical
modeling and data capture issues found during
court assessments conducted in the field Jan 21- 26, 2017
Statistic department promised to present their challenges and expectation to the ACAS advisory
group.
1
Met with Admin/Finance Director of Supreme
Court to discuss total number of invitees for the
upcoming judicial conference Jan 21- 26, 2017
A team assigned to finalize the total number of invitees
for the conference.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 11
1
Met with HR, Admin/Finance, and Capacity
Building and Performance Evaluation Directors of
Supreme Courts to discuss HICD`s findings and
proposed activities that could be supported by
ADALAT
Jan 21- 26, 2017
The directors stated that the HICD-based activities
were not a priority for ADALAT project. ADALAT
should support the Supreme Court by building new
building(s) and provide computers and databases.
1
Met with Judge Fazli, Professional Member of
Inspection Department to discuss findings from
ACAS focus group discussions of Herat Jan 21- 26, 2017
The findings of the report will be discussed at the
ACAS Advisory Group.
1
Met with AIBA President, Executive Director and
Finance Manager to discuss the HICD findings,
feedback, General Assembly preparations,
prioritized list of activities, and estimated budget
for AIBA
Jan 21- 26, 2017
AIBA will focus on the priority list based on the HICD
findings and a estimated budget will be parpared. The
feedback on By Laws will be provided to ADALAT.
1
Met with USAID to discuss Commercial Law
Development Program and potential linkages
between the program and the Commercial Law
Working Group established by ADALAT at
Supreme Court
Jan 21- 26, 2017
It was promised to meet with the Commercial Law
Working Group at the Supreme Court.
1
Met with Commercial Law Working Group to
follow on the progress of responding to the
commercial law questions of the Department of
Research and Studies.
Jan 28- Feb 2, 2017
The questions discussed and clarified ambiguous points.
1
Met with the members of Secretariat of Judicial
Conference to discuss on the dates, location, list
of participant, agenda and other relevant issues of
the Judicial Conference Jan 28- Feb 2, 2017
The date, location, agenda and arrangements of the JC
discussed and approved.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 12
1
Met with Mr. Naqeebullah, Projects Director of
World Bank at Supreme Court to discuss on
ADALAT’s collaboration with Adam Smith
International (ASI) concerning the Non-Judicial
Training Need Assessment
Jan 28- Feb 2, 2017
ADALAT will have a follow up meeting with ASI to
discuss in details.
1
ACAS Advisory Group meeting held at Supreme
Court with participation of ADALAT and
Inspection department of Supreme Court
members Jan 28- Feb 2, 2017
Head of Statistics Department at Supreme Court
presented the challenges and expectations of
Department of Statistics and the representative of JSSP
had a presentation on the CMS for further
coordination between CMS and ACAS.
1
Met with Judge Zakia Herawi, Professional
Member of Research and Studies Department of
Supreme Court to follow about Judicial
Conference arrangements
Feb 4-9, 2017
The list of participants and agenda finalized and the
vision statement of judiciary to be delivered by Chief
Justice will be prepared by SC.
1
Met with Mr. Abdullah Shams, Administrative and
Finance Director of Supreme Court to discuss the
Judicial Conference (JC) Feb 11-16, 2017
A complete participant list is developed and the SC has
selected the Intercontinental Hotel and is negotiating
lodging rates, meals, and hall rentals.
1
Met with General Sakhi, Director of Judicial
Control and Surveillance at Supreme Court to
discuss arrangement of JC Feb 11-16, 2017
It was agreed by Judicial Control and Surveillance
department to develop invitation letters and ID cards
for JC participants
1
Met with Judge Shakila Abawi, Head of the Afghan
Women Judges Association to discuss AWJA
participation at the JC Feb 11-16, 2017
Judge Abawi will meet with the Chief Justice to explore
a bigger role and more visibility for AWJA at the
Judicial Conference.
1
Met with USAID and AIBA’s Leadership Council
and Executive Board to finalize the HICD solution
package and the proposed revisions to the bylaws. Feb 11-16, 2017
AIBA agreed to the proposals and expressed its intent
to fully cooperate with ADALAT in the coming weeks
to finalize these matters.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 13
1
Met with the AIBA President and Executive
Director to discuss a timeline, budget and overall
plan for next General Assembly Feb 11-16, 2017
AIBA year I and year II plan has been drafted where the
general assembly details are also included.
1
Met with Mr. Abdullah Shams, Director of
Admin/Finance Department of the Supreme
Court to discuss arrangements for Judicial
Conference
Feb 18-23, 2017
Supreme Court agreed on the lunch menu for the JC
participant and number of guards and drivers
accompanying participant attending the Judicial
Conference.
1
Met with Judge Zakia Herawi, Professional
Member of Research and Studies Department of
SC and Mr. Zhobal, Acting Director of the
Court’s Judicial Administration to discuss
arrangement for Judicial Conference
Feb 18-23, 2017
A printing company will be selected to hand high
volume of printing needs (i.e., advisory opinions,
regulations, agenda, etc.)
1
Participated in IDLO’s presentation of its Learning Needs Assessment of 256 sitting judges from
across the country Feb 18-23, 2017 A list of needs provided by Dr Attahi, Head of Judicial
Education at the end of the session so that international
donors should consider it. In this list evaluation of Stage
is not included for ADALAT.
1
Met with Judge Parwin, Commercial Law Advisor
of Supreme Court to discuss the commercial law
working group Feb 18-23, 2017
It was agreed that CLWG will continue its work after
the Judicial Conference
1 Met with AIBA President and Executive Director
to discuss General Assembly preparations Feb 18-23, 2017 A draft timeline was provided to USAID
1
Met with the Supreme Court to discuss
reservation of the judicial conference venue Feb 25- March 2, 2017
Supreme Court took the responsibility to select and
reserve hotel hall and rooms fo the JC.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 14
1
Met with AWJA members to discuss its role at
the Judicial Conference and celebration of
International Women’s Day Feb 25- March 2, 2017
Members of AWJA will meet with the Chief Justice for
approval of AWJA’s agenda. ADALAT assist AWJA to
plan and conduct a ceremony/educational event on
March 19 (tentative) to recognize International
Women’s Day (March 8).
1
Met with AIBA’s President, Executive Director and Finance Manager to discuss bring grant finance
document Feb 25- March 2, 2017
The bridge grant final documents submitted and payment delivered. Estimated budget for six months
grant developed including the estimated amount for
conducting general assembly and shared with ADALAT
for review and approval.
1
Met with Ms. Najla Raheel, Head of AIBA’s
Women Committee to discuss future plans
including potential areas of support based on the
HICD assessment findings. Feb 25- March 2, 2017
A list of activities based on the HICD assessment
findings shared with Head of Women Committee and
agreements are in place to develop work plan based on
the suggested list of activities.
1
Met with Judge Zakia from Research and Studies
Department of Supreme Court to assist and
advice with the printing of Judicial Advisory
Opinions
March 4-9, 2017
It was decided to rent a photocopy machine to print
and copy all advisory opinions in the Supreme Court.
1
Met with Head of AIBA Women Committee to discuss about some key recommendations
March 4-9, 2017
The meeting focused on selecting a leadership and secretary for the committee, develop objective and
activity plan for next year to increase women's
participation in AIBA across the country and draft a
gender policy for AIBA
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 15
1
ADALAT coordinated and participated in a joint
meeting with USAID and Supreme Court Chief
Justice Mohmmad Yousif Halim at the Presidential
Palace
March 11-16, 2017
The Chief Justice agreed to meet ADALAT regularly (at
the court) and with USAID upon request at the
Presidential Palace. He also agreed in principle to
receive and support ADALAT’s technical assistance so
long as it aligns with court’s recently adopted Action
Plan, which itself is based on GoIRA’s Justice Sector
National Reform Program. ADALAT will obtain a copy
of the Action Plan and will use the details therein to
draft a work plan in consultation with USAID and the
court.
1
Met with Judge Shakila Abawi, Head of Afghan Women Judges’ Association to plan for the March
18th ceremony/training event to mark
International Women’s Day March 11-16, 2017
As per the request form Supreme Court High Council, it was agreed to postpone the women day event for
later-so more judges could attend.
1
Met with Mr. Zhobal, Acting Head of the General
Administrative Directorate of the Judiciary to
discuss the Supreme Court’s 5-year Action Plan March 25-30, 2017
USAID/ADALAT identified and shared the12 specific
activity areas that ADALAT will support during the life
of the project. Mr. Jobal agreed with the selected
activity areas and it will be shared with the Chief Justice
for his final approval.
1 Attended the CMS Monitoring Board meeting at
the Supreme Court March 25-30, 2017 The draft CMS regulation reviewed.
1
Attended the meeting with INL/JSSP and USAID to review areas of commonality and potential
conflict between ADALAT’s ACAS system JSSP’s
online CMS system March 25-30, 2017
It was agreed that the two projects will meet regularly to identify areas of support and streamlining, such as
integrating some ACAS forms into CMS.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 16
1
Hosted a meeting with USAID and AWJA at the
ADALAT compound
March 25-30, 2017
AWJA shared a list of ideas for future technical
assistance. USAID will explore the possibility of hosting
an event at the Mission in April so that AWJA can
network with other organizations.
2 Participated in the initial meeting of the Huquq
Curriculum Development Committee Jan-1-2017
Discussed about development of Hoquq stage
curriculum for Hoquq professional at National Legal
Training Center (NLTC). The Senior Advisor to
Minister of Justice emphasized about NLTC past
structure and he stated that if was not able to re-
establish the NLTC within MoJ, the second alternative
is to create a new stage center within MoJ to meet its
training needs.
2 Training of TLO M&E staff on using of ADALAT
database. Jan-2-2017 TLO staff received training on using of ADALAT
database.
2 Met with TLO staff to discuss about the mediation
halls list
Jan-8-2017 ADALAT confirmed the final list of trainers and dates
for holding TOT in East and South-East regions. Also
the district introductory network meetings scheduled.
2 Met with USIP staff to explain the Justice
Engagement Model (JEM) Jan-8-2017
The USIP staff were oriented on the JEM model and the
objectives and approaches of ADALAT-TDR
component.
2 Met with the Huquq Director and Legal Advisor
to the Minister of Justice Jan-8-2017
The TOR for the Huquq stage curriculum committee
drafted which includes and defines members of the
committee, duties and responsibilities and meetings
schedule, etc. A translated version will be submitted to
MoJ.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 17
2 Ttraining need assessment conducted in Kabul
Directorate of Huquq Jan-10-2017
The interview was done with four professional Hoquq
members to learn more about their capacity building,
administrative and other needs. The result of the
assessment shows that training courses on inheritance,
family law, property law etc. was provided by other
donors. Lack of female staff, office space and office
equipment are the main problems of the Kabul Hoquq
directorate.
2 Met with the Taqnin Department of the MOJ to
discuss the Law on Obtaining Rights (LoOR) Jan-10-2017
The Law on Obtaining Rights (LoOR) is drafted and
reviewed by president which is ready to be endorsed
by the president through a legislatie decree. It was
reminded if the Minister of Justice could take the law in
next cabinet meeting for submission to the president.
2
Met with Farah Huquq department and conducted
a focus group discussion for Huquq case
management needs assessment.
Jan-10-2017
Discussed the current Huquq Case Management
System and the GIZ pilot Forms of Balkh province.
Received their suggestions in regard to system such as:
there should be a principle for collection of statistic for
both cases and petitions, signature of Huquq official
should be added after receiving the case, there is no
need to write down Tazkira Numbers of both plaintiff
and defendant in the book, etc.
2 Met with TLO staff in Khost to hold better
District Network Meeting for male and females in
Nadar Shah Kot district of Khost province.
Jan-11-2017 The TLO staff received orientation on Introductory
District Network Meeting Checklist and guided them
how to organize the meeting.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 18
2
Training of Trainers (TOT) workshop held for
trainers in east region on adult education teaching
methodologies
Jan-11-2017
Two-days ToT workshop held for 15 male and 4
female trainers on JEM materials and adult education
teaching methodology to increase knowledge of
trainers to deliver high quality workshop.
2 Met withTLO staff in Khost to hold better
District Network Meeting for male and females in
Nadar Shah Kot district of Khost province.
Jan-15-2017 The TLO staff received orientation on Introductory
District Network Meeting Checklist and guided them
how to organize the meeting.
2 Focus group discussion conducted with Huquq
staff from 4 districts of Nimroz Jan-17-2017
The GIZ system and the current statistics system were
discussed in detailed with the Huquq staff. It was
suggested that signature (including name, date and
signature) of Huquq officials should be added (in the
current system of GIZ), when s/he receives the
petition.
2 Met with the Paktia Justice Director and Head of
Huquq. Jan-17-2017 The purpose of the meeting was to introduce ADALAT
and coordinate a focus group discussion for Huquq
Case Management Assessment.
2 Met with Mr Rasooli, Senior Advisor to the
Minister and Mr. Mohammad Rahim Daqiq
Director of Huquq of Ministry of Justice.
Jan-17-2017
The Senior Advisor to MoJ and Hoquq staff liked the
field trips to Hoquq office in the provinces and districts
for the training and case management need
assessments. It was requested to share the findings with
MoJ.
2
Training of Trainers (TOT) workshop held for
trainers in Khost province on adult education
teaching methodologies
Jan-18-2017
Two-days ToT workshop held for 8 male and 4 female
trainers on JEM materials and adult education teaching
methodology to increase knowledge of trainers to
deliver high quality workshop.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 19
2 Attended the Donors’ Coordination Meeting at
MOJ Jan-18-2017
The discussion focused on all capacity building and
training needs assessment and future activities of all
donors within Ministry of Justice.
2 Conducted training needs assessment for Huquq
in Herat province Jan-20-2017
Topics as key needs highlighted for future trainings by
Hoquq Staff and shared their difficulties in enforcing
final decisions made by courts.
It was observed that CMS materials have not delivered
to the west region yet and ADALAT provided some of
the CMS forms and reviewed the system with Huquq
personnel.
2 Participated the Conference on Improving the
Quality Legal and Justice Services of MoJ. Jan-21-2017
The purpose of ADALAT's participation was to find out
more about the 1396 annual plan (capacity building and
anti-corruption policy of MoJ). During the conference
Hoquq department of MoJ talked about ADALAT's
support to Hoquq with drafting process of law on
obtaining rights.
2 Met with Hoquq staff of MoJ to discuss the review
and finalization of the Obtaining Rights Law draft Jan-22-2017
A committee of experts was formed to work on the
draft and propose possible changes before the draft is
sent for the President’s endorsement. The committee
would find the contradictions and challenges in the
current draft and address them, and to analyze the
comments and suggestions and incorporate the useful
ones for having comprehensive and understandable
draft
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 20
2
Met with Law on Obtaining Rights committee to
review articles of the Law and suggest/draft
revisions as needed
Jan-28-2017
The meeting focused adding an article for Hoquq to
implement case management system and an article to
allow parties to give written consent to have their
disputes/cases referred to the informal justice sector
(Jirga) for mediation or conciliation before sending the
case to court.
2
Met with NLTC to discuss curriculum
development and the number of proposed
participants from the Huquq in the Stage program
in 2017
Jan-29-2017
The NLTC agreed to revise the curriculum based on
the Huquq training needs assessment and train fifty-50
Huquq staff members
2 Participated in the Donor Coordination Meeting
of Ministry of Justice Jan-30-2017
In the meeting the key task and activities of each donor
including JSSP, IDLO and ADALAT discussed and
ADALAT will assist Training department of MOJ to
prepare a comprehensive training need assessment
questionnaire.
2 Met with Mr Mansoori, Advisor to the Minister of
Justice to discuss the Huquq HICD initial report Jan-31-2017
The Advisor to Minister agreed to share feedback and
comments on the HICD report.
2 Met TLO staff in Kabul to discuss the
events/workshops report and arrangement
Feb-7-2017
The discussion focused on delivering quality report,
share list of mediation halls to ADALAT and developing
of database to store information.
2
Met with Mr. Rasooli and Mr. Mansoori, Senior
Advisors to the Minister of Justice and Mr. Daqiq,
Acting Director of the General Directorate of
Huquq
Feb-8-2017
The meeting focused on the HICD reports and
feedback of the Advisors to Minister. The report will
be finalized after review of the Minister.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 21
2 Met with the Legal Advisor to the Minister of
Justice and Huquq leadership Feb-11-2017
MOJ will introduce up to 50 Hoquq staff from Kabul
and close provinces for Stage courses at NLTC.
ADALAT was requested to cover the daily
transportation expenses of the participant.
2
Met with Mr. Mansoori, Senior Advisor to the
Minister of Justice and Mohammad Rahim Daqeeq,
the Acting Director of the General Directorate of
Huquq
Feb-12-2017
The feedback on the Dari version of HICD report
received and it was incorporated to the final report.
The final report will be shared with senior leadership of
MoJ to discuss with Minister.
2 Met TLO staff in Kabul to discuss the
events/workshops report and arrangement
Feb-13-2017 The discussion focused on delivering quality report,
share list of mediation halls for Khas Kunar and Narang
districts of Kunar province to ADALAT.
2 Met with Associate Officer of Human Rights
Office of UNAMA Feb-13-2017
ADALAT and UNAMA employees exchanged
information TDR programs of both entities and
discussed about future coordination and cooperation
regarding TDR programs.
2
Met the Huquq Department in Khost province
and discussed the GIZ pilot project’s forms and
issues of Huquq case management system and
registrations with the Huquq staff
Feb-15-2017
It was proposed that it would be better to use one
book in order to avoid duplication of entering the same
data into the two books such as entering book and
registration book. In registration book, the types of
cases (commercial debts, land/properties, family) should
be calculated separately at the end of each page for their quarterly reporting.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 22
2
Met with GIZ in USAID to discuss the ADALAT
interventions with Ministry of Justice Huquq
department
Feb-15-2017
Briefed GIZ on ADALAT's support to Hoquq and
coordination of GIZ support with Hoquq case
management system. An advisory group will be formed
to discuss GIZ pilot system and ADALAT assessment
results and to finalize overall case management system
for Hoquq.
2 Met with the Minister of Justice and members of
his team to review HICD priorities for the Huquq Feb-18-20-2017
Provided USAID a draft MOU and a secondary list of
priorities prepared by the MOJ. USAID will host a
meeting with the MOIJ/Huquq to review priorities and
discuss the way forward during ADALAT’s Year 2.
2 Hoquq team met with Hoquq personal at Balkh
province Feb-20-21-2017
Discussed about the GIZ pilot case management system
and it was suggested that a guideline manual to be
prepared to train the Hoquq staff on the use of system.
2 Met with the Huquq department of Ghor
Province Feb-20-2017
Discussed the Huquq case management system
assessment and GIZ forms, registry book and JSSP
books were shared.
2 Met with the Head of Huquq Department of
Balkh Province Feb-21-2017 Discussed conducting of focus group with Huquq staff
from the districts. It was suggested that a guideline
manual to be prepared to guide use of the CMS.
2 Attended the joint meeting with USAID, the
Minister of Justice and Hoquq senior leadership Feb-27-2017
The MOJ agreed to partner with ADALAT to
implement many of reforms highlighted in the HICD
assessment; the final details will be formalized in the
next several weeks with the signing of an MOU. It was
also agreed that ADALAT will closely collaborate with
the MOJ while drafting the Year 2 Work Plan
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 23
2 Met with TLO staff in Kabul to schedule Provincial
Network Meetings and workshop necessary
items.
Feb-27-2017 Discussed regarding provincial network meetings in
provinces, and scheduled the provincial network
meeting for the month of March.
2 Met with the Head of Huquq Department of
Badghis Province Feb-28-2017 Discussed conducting of focus group with Huquq staff
from the districts. It was suggested that a guideline
manual to be prepared to guide use of the CMS.
2 Met with TLO staff in Kabul to discuss on some
necessary components of JEM. March-3- 2017
TLO staff were briefed on Spinsary groups and state-
TDR working group’s checklists as well as developing
event report.
2 Met with Ministry of Justice to discuss introducing
of Hoquq staff for the NLTC Stage program March-12-2017
Ministry of Justice will introduce 50 Hoquq staff to the
NLTC for Stage from Kabul, Logar, Wardak, Kapisa and
Panjsher provinces.
2 Meeting with Mr. Masori, Adviser to Minister of
Justice March-18-2017
Discussed about the agreement on the number of MoJ
staff participating in Stage of NLTC. The MOJ agreed to
introduce 50 staff to the Stage program.
2 Met with other donors to discuss cooperation March-19-2017
Met with JSSP and IDLO to discuss cooperation and
coordination between ADALAT and other donors to prevent overlaps of programs.
2 Met with Mr. Mansuri, Advisor to Minister of
Justice to share English and Dari versions of MOU March-26-2017
It was promised to share the document with the
Ministry leadership and give comments and feedback on
it.
2 Met TLO staff in Kabul to discuss about Justice
Engagement Model (JEM) March-27-2017 Discussed regarding the status of current activities of
JEM program, successes and achievements through the
program, and future activities and steps.
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 24
2 Met with TLO Khost field staff to orient them on
how to hold Provincial Network Meetings.
March-28-2017
TLO staff were briefed on the provincial network
meeting checklist and guided on how to organize
events.
2
Met with the NLTC management to discuss
number of participants from MOJ to the NLTC
program
March-29-2017 It was agreed by NLTC to accept 50 people from MOJ
(30 Hoquq staff)
2
Met with the Head of Trainings Department of
MOJ to discuss the introduction of participant for
Stage program
March-29-2017
To find qualified law and sharia graduates Hoquq staff
from Kabul and five neighboring provinces to be
included in the remaining 30 spots of Stage program
2 Met with TLO female staff in Khost province to
discuss on writing quality reports March-30-2017
Briefed about how to write quality reports and guided
to coach the Spinsary Discussion Sessions.
3 Met with Counterpart International senior
management at USAID. Jan-11-2017
The purpose of the meeting was to explore
opportunities for ADALAT to both compliment and
benefit from Counterpart’s extensive small grants
program with civil society organizations. Counterpart
agreed to provide a list of proven and tested CSOs
(and certified by the Afghanistan Institute for Civil
Society). ADALAT will be invited to participate the
CSO roundtables and to join the Civil Society Joint
Working Group (CSJWG).
3
Met with Musharikat project staff implemented by
DAI to explore opportunities compliment and
benefit from Musharikat's advocacy program with
CSOs
Jan-23-2017
It was promised to share the contact list of
Musharikat's CSOs and coalitions with ADALAT.
3 Met with the Dean of Law Faculty of Karwan
Private Univeristy Jan-28-2017
The capacity of law and/or Sharia Law was assessed
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 25
3 Met with the Deputy Chancellor of Ibn-Sina
Private University Jan-29-2017
The capacity of law and/or Sharia Law was assessed
3 Met with the Dean of Law Faculty of Khan-e-
Noor Private University Jan-30-2017
The capacity of law and/or Sharia Law was assessed
3 Met with the Deputy and Dean of Law Faculty of
Bakhter Private University Jan-30-2017
The capacity of law and/or Sharia Law was assessed
3 Met with the Dean of Law Faculty of Kateb
Private University Jan-30-2017
The capacity of law and/or Sharia Law was assessed
3 Met with the Deputy Dean of Law Faculty of
Tabish Private University Jan-31-2017
The capacity of law and/or Sharia Law was assessed
3 Met with the Dean of Law Faculty of Rana Private
University Jan-31-2017
The capacity of law and/or Sharia Law was assessed
3 Met with the Dean of Law Faculty of Ghalib
Private University Feb-4-2017
The capacity of law and/or Sharia Law was assessed
3 Met with the Dean of Law Faculty of Maryam
Private University Feb-4-2017
The capacity of law and/or Sharia Law was assessed
3 Met with the Deputy Chancellor and Dean of Law
Faculty of Mashal Private University Feb-6-2017
The capacity of law and/or Sharia Law was assessed
3 Met with the Deputy Chancellor of Kardan
Private University Feb-19-2017
The capacity of law and/or Sharia Law was assessed
3 Held Information Sessions for private Universities
Faculty Members in Kabul
Feb-22-2017
Participants were briefed about the legal clinics,
curricula development, PLACE/RFA and the project
implementation
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 26
3 Held Information Sessions for private Universities
Faculty Members in Herat Province
Feb-26-2017
Participants were briefed about the legal clinics,
curricula development, PLACE/RFA and the project
implementation
3 Held Information Sessions for Private Universities
Faculty Members in Balkh Province
March-5-2017
Participants were briefed about the legal clinics,
curricula development, PLACE/RFA and the project
implementation
3
Met with the Asia Foundation LALE Project
March-23-2017
Discussed about future cooperation of TAF and
ADALAT to train private universities faculty members
to run legal clinics
3
Met with Welfare Association for the
Development of Afghanistan (WADAN) as part of
Pre-Award Assessment/ Survey March-28-2017
To asses WADAN's organizational capacity for
managing and implementing USAID fund of
Checchi/ADALAT anticipated legal outreach grant.
3
Met with Sharq TV (Media Center) as part of Pre-
Award Assessment/ Survey March-28-2017
To asses Sharq TV's organizational capacity to
administer a USAID-funded grant of Checchi/ ADALAT
legal advocacy grant.
3
Met with Women's Organization for Relief and
Development as part of Pre-Award Assessment/ Survey March-28-2017 To asses WORD’s organizational capacity for
administering and implementing USAID anticipated
Checchi/ADALAT legal advocacy grant.
3
Met with High Afghan Rehabilitation Organization
as part of Pre-Award Assessment/ Survey March-29-2017 To asses HARO’s organizational capacity for
administering and implementing USAID fund of
ADALAT/ Checchi anticipated TDR grant.
3 Met with the Asia Foundation LALE Project
March-29-2017 Follow up on details of cooperation between TAF and
ADALAT and possibilities of singing an MoU
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 27
Gender
Follow up Meeting with Gender Unit of MOJ
Jan-1-2017 Gather information on donor activities for MoJ and
promotion of gender and technical support and its role
within the Gender Unit of MoJ.
Gender Met with Human Rights and Eradication of
Violence Organization (HERVO).
Jan-10-2017
The main purpose of the meeting was to strengthening
more close coordination with women led and women
focus CSOs.
Gender Met with Afghan Women Enterprise Network
(AWEN).
Jan-10-2017
The main purpose of the meeting was to strengthening
closer Coordination with women led and women focus
CSOs.
Gender Attended Coordination Meeting at Afghan
Women Network
Jan-18-2017 Discussed about ADALAT project in general and TDR
activities to raise awareness and educate AWN
members under TDR objectives.
Gender Follow up meeting with the Gender Coordinator
from TLO on her last filed visit from Khost
Province
Jan-19-2017
To discuss key findings of filed visit and work on the
key findings of women issues and concerns to be taken
in to consideration in upcoming female gatherings and
sessions.
Gender Attended the Ministry of Justice National
Conference
Jan 23- 26- 2017 To support Gender unit of MOJ to present MoWA
new strategy on Elimination of Violence Against
Women and key responsibilities of MoJ.
Gender Attended coordination meeting at AWN on
planning session for a campaign on (One billion
Raising – Elimination of Violence Against Women
Jan 25- 2017
To discuss and plan the event in more productive way
to have result by asking key government officials to
share their work results on Elimination of Violence
Against Women
Gender Attended Donor Coordination Meeting at MOJ
Jan 28 - 2017 To get updates on key activities of different donors to
Ministry of Justice
ADALAT 4th Quarterly Report (January – March 2017)
Checchi and Company Consulting, Inc. 28
Gender Attended the First Introductory meeting with
Women Committee arranged by AIBA
management
Jan 31-2017 To develop capacity building Action Plan for Women
Committee of AIBA based on Key findings of HICD
assessment
Gender Attended the Women Peace and Security
Working Group Meeting Feb-8-2017 Strengthening more close coordination and
representation of ADALAT Project
Gender Attended the Women Peace and Security
Working Group Meeting March -26 - 2017 Strengthening more close coordination and
representation of ADALAT Project