Terms of Reference Mid-term Evaluation of the Justice, Law and Order Sector (JLOS) Strategic Investment Plan for the Medium Term

Transcription

1 Terms of Reference Mid-term Evaluation of the Justice, Law and Order Sector (JLOS) Strategic Investment Plan for the Medium Term Background The decision to develop a sector programme for the Justice Law and Order Sector was, in part, informed by the findings from three key studies and a Commission of Enquiry. The Criminal Justice Review in 1997, the Uganda Integrity Survey in 1998 and the Crown Agents Legal Sector Review in 1999 all found that the poor were dissatisfied with the service delivery by criminal and commercial justice agencies, and that there was a perception of high levels of corruption coupled with a sense of lack of security of the person and property. These constraints were compounded by the absence of a clear policy framework and strategic plan for the sector, limited capital and infrastructure investment and decreasing funding levels from GOU. Thus in November 1999, there was meeting of high level policy and political decision-makers in the Sector, referred to as the Mamba Point meeting, at which there was an official policy shift to re-align the Sector with the current GOU policy on poverty eradication (PEAP) and to focus on two key areas - Criminal and Commercial Justice reform in the medium-term. The Government of Uganda has an overall policy of poverty eradication contained in the Poverty Reduction Strategy Paper known as the Poverty Eradication Action Plan (PEAP), which is now under revision. It is, thus, a requirement that sectoral programmes are in keeping with this overall policy and must demonstrate integration into one or more of the four PEAP pillars. The JLOS policy framework and strategic objectives fall within Pillar 2 of the current PEAP. Having articulated a commitment to reform, as official Government of Uganda policy, the Sector began work in September 2000 to foster partnerships with the private sector, NGO s and donors to develop a reform programme. In addition, it was necessary to develop the institutional framework that would facilitate the reform proces. A Sector Secretariat, was thus established in August 2000 to develop the strategic investment plan, and develop a detailed work plan for the medium-term. A JLOS Strategic Investment Plan was finalized and launched in November Policy Framework and Strategic Objectives The Justice Law and Order Sector mission is to enable all people to live in a safe and just society. The expected outcome of the JLOS reform strategy is the improved safety of the person, security of property and access to justice that ensures a strong economic environment to encourage private sector development and benefits poor and vulnerable people. The Sector mission and policy objectives are derived and supported by institutional mandates and policy objectives. The Justice Law and Order Sector is composed of the: - Ministry of Justice and Constitutional Affairs - Ministry of Internal Affairs - The Judiciary - Uganda Prisons Service - Uganda Police Force

2 - Directorate of Public Prosecutions - Judicial Services Commission - Uganda Law Reform Commission - Ministry of Gender Labour and Social Development - Probation Services - Ministry of Local Government Local Council Courts The Justice Law and Order Sector (JLOS) Strategic Investment Plan for the Medium Term ( ) has as a broad policy objective the maintainance of law and order, and the increase of access to justice for all persons through infrastructure reform, law reform, improved legal services and civic education. The policy objectives are translated into component programmes grouped into three thematic areas namely Access to Justice, Efficiency and Effectiveness and Quality of Justice. Programme development and implementation The JLOS currently has a Leadership Committee headed by the Honourable Chief Justice and the Ministers of Internal Affairs and Justice and Constitutional Affairs as members; A Steering Committee headed by the Solicitor General with membership of permanent secretaries of each member institution; A Technical Committee composed of senior/ middle level management of the member institutions and working groups, which are in essence subcommittees with specific time limitations and terms of reference and a Sector Secretariat housed within the Ministry of Justice. The current development partners are the governments of Austria, Denmark (Danida), Germany (GTZ), Development Cooperation Ireland (DCI), Netherlands, Norway (Norad), Sweden (Sida), United Kingdom (DFID), the United States of America (USAID) and the European Commission, the World Bank and UNDP/UNCDF. In terms of donor coordination, there is a JLOS Donor Group which brings together all contributors to the JLOS and serves as a contact point for JLOS institutions. The Donor group has a chairperson, currently the Netherlands, and meets regularly with government through GOU-Donor Liaison Meetings, Sector Reviews and amongst themselves to concretize issues and speak with one voice. Most donors are budget support donors and contribute to the SWAP Development Fund (Criminal Justice) and the Commercial Justice Reform Programme. However other donors, like Danida, have separate arrangements, like 'The Strengthening the Judiciary Project'. Those projects are integrated in the Strategic Investment Plan. Donors are also developing a Civil Society Partnership with Legal Aid Service Providers Key Issues 1. Linking Legal Sector Reform to Poverty Eradication Regardless of the whether supports interventionist or non-interventionist government, there has been consistent recognition that the state is necessary to provide key core functions without which a market economy cannot thrive. In its 1997 report on development, the World Bank argued that there were five fundamental tasks, which lie at the core of every government s mission 1. Including, establishing a foundation of law, maintaining a nondistortionary policy environment, including macroeconomic stability, investing in basic social services and infrastructure, protecting the vulnerable; and protecting the environment. 1 World Bank Development Report The Evolving Role of the State,, World Bank, 1997, p.42

3 A key issue is whether in fact safety, security and access to justice do have relevance for the poor. Studies indicate that the poor identified this issue as their number one priority. Current GoU policy, however, is more focused elsewhere. The Sector has tried to make the argument that without the maintenance of Law and Order, that without the foundation of Good Governance, interventions in health, education and water may be irrelevant as the poor will be unable to maximally access these services in the context of civil unrest. The need for state intervention with regard to the maintenance of law and order, and improving the administration of justice can be understood through examination of the effects of lawlessness on poverty. The lawlessness syndrome developed by the World Bank, 1997 posits that markets cannot exist without effective property rights, 2 which depends on fulfilling three conditions namely: protection from theft violence and other acts of predation, protection from arbitrary government actions ranging from unpredictable, ad hoc regulations and taxes to outright corruption that disrupt business activity; and a reasonably fair and predictable judiciary. It can be argued that the poor are the least able to protect themselves from injury when the three above mentioned conditions are not met. In countries all over the world, the poor are more likely to be victims of police violence than the rich and to be ignored or mistreated by bureaucrats [or] left vulnerable to destitution by petty corruption. 3 Where the poor are located in situations of endemic insecurity, they are also more disposed to short-term decision-making and lack an environment conducive to investment or risk taking, such as in Northern Uganda, which inevitably hinders development. The linkage between legal sector reform and poverty eradication must be supported by evidence, which is a challnge to collate for a programme in its infancy. 2. Measurement of Performance Given the need to appropriate a budget annually, based on evidence of institutional gains and need, the Ministry of Finance, Planning and Economic Development tends to primarily focus on quantitative performance indicators, showing linkages between financial inputs and quantitative outputs such as number of crimes, or number of prisoners rather than a medium-term assessment of the qualitative impact of legal sector reform. In addition, the absence of baseline data at the very initial stages of developing the Sector Strategic Investment Plan hampered the ability to clearly articulate the rationale for the reform programme in the first instance. The Sector also continues to be faced with chronic systemic constraints that hamper improved service delivery, effective planning, budgeting and monitoring and evaluation, therby rendering it difficult to develop an evidence base of the benfits of reform.. In June 2003, however, JLOS completed both quantitative and qualitative indicators along the three thematic areas Access to Justice, Efficiency and Effectiveness and Quality of Justice. The challenge is now the implementation of monitoring mechanisms, and production of progress reports against agreed indicators. The Consultancy 2 Michael R. Anderson, Access to Justice and Legal Process: Making Legal Institutions Responsive to Poor People in LDCs, Paper for Discussion at WDR Meeting, August 1999, p.2 3 Ibid.

4 Purpose and Objectives The purpose of the mid-term evaluation is to review programme management and implementation since the launch in November The objective of the evaluation is to provide an assessment of the achievements against agreed targets both at process and implementation levels; and an evaluation of the outcomes 4 of the JLOS Strategic Investment Plan , half way the implementation of the first phase. The report is also intended to inform both Government of Uganda and Development partners on how to strengthen programme management through support to the institutional framework for implementation, monitoring and evaluation; and to suggest a strategy for increased influence of legal sector reform on the poverty eradication agenda of Government of Uganda. Output A report, not more than hundred pages with a clear executive summary of maximum five pages, that will clearly adress each aspect of the Terms of Reference and makes recommendations which will be considered by both the JLOS donor group as well as the JLOS Steering Committee. Scope of work The scope of work must comprise, but is not restricted to, the following: - Provide an assessment of the Sector s performance during the period measured against the quantitaitve and qualitative indicators which have been developed for both the criminal as well as the commercial justice reform programme and within the framework of the three aforementioned thematic areas Access to Justice, Efficiency and Effectiveness and Quality of Justice: - Assess the actual or likely qualitative/quantitive contribution of JLOS towards the attainment of the PEAP aims (particularly the reduction of poverty, the improvement of human rights and the establishment of good governance in Uganda); - Assess the efficiency and effectiveness of programme and financial management structure, including the monitoring and evaluation systems in place in JLOS; - Assess the effectiveness of and support for JLOS reform programme at local level (measure trickle down effect); - Evaluate intersectoral policies and working relationships with other line ministries, especially the Ministries of Local Government and Gender, Labour and Social Development, as well as with and between the donors supporting JLOS; Methodology Selection of Consultants The evaluation will be commissioned by the Netherlands and Irish Embassy. Representatives of both embassies will make the final selection of the consultant team, in consideration of views advanced by Government of Uganda. Assessment and Reporting The team of consultants will be expected to operate independently, and to work closely with the Netherlands and Irish Embassy and the Sector Secretariat in the Ministry of Justice and Constitutional Affairs. 4 Outcomes are the extent to which major relevant objectives were achieved efficiently

5 An evaluation committee, established in joint cooperation with Government of Uganda and the Development Partners, shall act as a sounding board for the team and will be provided adequate opportunity to consider the interim and final report. The consultant team shall record the evaluation committee s comments as an annexture to the report. A desk study on the Justice Law and Order Sector will be conducted, prior to field work, to review existing studies/reports. The output shall be an overall analysis of the basic constraints, the progress made during the recent years - including an overview of existing initiatives (and donor funding). Part of that work has already been done by a team of Danida-consultants last year, but that study could be updated by one of the team members During field work, the consultant is expected to use a participatory approach to the assessment including interviews, field trips and workshops, where necessary. The field work shall be conducted in two teams, one to evaluate the commercial justice reform programme and the other one the criminal justice reform programme. Both teams will participate in the JLOS review on June 7 th and 8 th 2004 and if feasible make prelimenary presentations of their findings. The final report shall be presented to and jointly and separately discussed with the JLOS donor group and the JLOS Steering Committee. Documentation All background documentation will be made available to consultants through resource persons below mentioned. Resource persons are: - Francesco Mascini, Netherlands Embassy and chair JLOS donor group - Donal Cronin and Donald Rukare, Development Cooperation Ireland - Amanda Sserumaga and Valentine Namakula, Sector Secretariat (Criminal Justice) - John Gara, Sector Secretariat (Commercial Justice) Consultant Team It is anticipated that the the consultancy will involve a team of four, including a minimum of two locally based consultants. The team leader will be an international consultant, but familiar with legal sector reform in particular and the Justice Law and Order Sector in Uganda, where possible. The skills and composition of the team should include: Team Leader: - A Legal or Public Administration Consultant familiar with legal sector refrom programmes and/or other Public Sector refrom initiatives; and - Conversant with sector wide approaches, public sector financial management issues and development aid issues including poverty reduction support credits, budget support and project aid modalites; and - Experience in analytical work, including programme evaluation, paticipatory methodology, report writing. Team Members: - A consultant with a private sector background and experience in commercial justice reform programmes;

6 - A consultant with a criminal justice background and experience in criminal justice reform initiatives; - A consultant who has extensive experience in good governance policy and poverty reduction issues including extensive experience in gender analysis, decentralisation and sector-wide approaches. Bidders are requested to propose a full team (i.e. to nominate local consultants) Time Frame Selection of the team of consultants should be finalised by mid-april 2004 The consultancy will be carried out in May and June An interim report, after abovementioned consultation, will be presented and discussed at the JLOS-review in June. The final report shall be published before July 31 st Budget Four consultants for five weeks (three weeks of discussions and field visists in Uganda and two weeks of writing and compling the report) Cost Area Amount #Days TOTAL Professional Fees International Consultant 50 National Consutlant 50 Administrative Costs (International and Local travel, workshops, printing, accommodation, meals etc.) Contingency Fees TOTAL Background Documentation - World Bank IDA: Uganda Institutional Capacity Building Project - Legal Sector Component, January Strategic Investment Plan for the Medium Term Justice Law and Order Sector - Uganda Constitution, The Report of the Commission of Inquiry (Constitutional Review), December Progress reports, Sector Secretariat and JLOS institutions - Aide Memoires and documents of the six reviews which have been organised so far

7 - Budget framework paper and policy statements by line ministries and JLOS institutions - Minutes of meetings of the JLOS donor group, Technical Committee and Steering Committee - The final Allen Document may be sufficientamanda Sserumaga, Safety, Security and Accessible Justice, January JLOS contribution to the PEAP-revision and the PRSC matrix, December Deloitte and Touche, Baseline Study on financial management systems, Price Waterhouse Coopers, Draft report on assessment of programme management capacity, June Allan Asiimwe, Developing output indicators for the JLOS institutions, January JLOS Medium-term Performance Indicators, June JLOS Poverty Reduction Support Strategy Paper, October Windsor Consult, Participatory Poverty Assessment on safety, security and access to Jusitice: Voices of the poor in Uganda, January A Desk Review of Gender and Access to Justice in Uganda, March Criminal Justice Baseline Survey, Crime Statistics , October Reports of the Netherlands Support Programme to the Directorate of Public Prosecutions - Reports of the Danida Strengthening the Judiciary Project - Law Reform Commission, different reports - Base Line study Legal Aid