Annex A Monitoring and Evaluation Mechanism (M&EM)

Transcription

1 Annex A Monitoring and Evaluation Mechanism (M&EM) 1

2 BENCHMARKS AND INDICATORS TO MONITOR AND EVALUATE REGIONAL COOPERATION IN JHA AREA 1. As the number and complexity of the SEE regional strategies, programs, projects and initiatis is increasing, a monitoring and assessment mechanism is necessary. The monitoring mechanism, benchmarks and indicators measuring the progress of cooperation should be as simple as possible. 2. The existing Steering Group on Regional Strategy (SGRS) will continue to meet under the coordination of the RCC Secretariat and will periodically asses the implemenon of the Action Plan, review and consolidate the strategic choices. SGRS has to establish the reporting mechanism on regional activities and the regional monitoring tools to assess the lel of regional cooperation within JHA area. The RCC Secretariat exercises the facilitator and coordinator mandate for this process. Taking into consideration the regional ownership and the fact that financial resources of the targeted states are limited, the RCC Secretariat monitoring would ensure that orlapping is avoided. 3. Under RCC Secretariat coordination SGSR will monitor the lel of cooperation also by receiving reports on the latest delopments. RCC should inform organizations, partners and member states about the fact that new initiatis (projects) are similar with ongoing activities and involment would create orlapping. 4. RCC Secretariat should periodically collect information about the cooperation in SEE and delir reports to the RCC MS, regional and international organizations. 5. RCC Secretariat strategic role is: 5.1. To foster the collecti work and provide a coherent and co-ordinate support to the partners, countries, organizations, civil society; 5.2. To address the regional cooperation system as a whole, to ha a shared understanding establishing clear and defined outcomes for JHA initiatis and institutions; 5.3. To ensure effecti coordination, communication and harmonization of actions in JHA area: a. among competent gornmental authorities; b. among regional initiatis and organizations from SEE; c. among SEE regional initiatis and international organizations; d. among SEE regional organizations, institutions and competent gornment authorities; 5.4. To establish common standards, benchmarks and indicators based on which the lel of regional cooperation progress can be monitored, measured and assessed; 2

3 5.5. To facilitate projects in the field of good gornance and the rule of law addressing factors which can contribute to crime prention, strengthening of the legislation, efficient use of operational and analytical instruments in order to protect security and safety of citizens and state; 5.6. To support media to efficiently contribute to crime prention and awareness raising; 5.7.To provide inclusion and participation of non-gornmental groups communities, religious authorities, academia and other organizations across the region in fight against crime and its social consequences. As the number and complexity of the SEE regional strategies, programs, projects and initiatis is increasing, a monitoring and assessment mechanism is necessary. Under the action plan for the implemenon of the regional strategic document endorsed by the SEECP Ministers of Justice and Home Affairs (18 March 2011 in Budva, Montenegro) the first objecti is to establish a reporting mechanism on regional activities and a regional monitoring tool to assess the lel of regional cooperation within JHA area. This monitoring mechanism should shed light on the lel of cooperation in the region, should be able to show whether there is an increase or decrease in the lel of cooperation and in which areas more actions should be undertaken. The Monitoring and Evaluation Mechanism (M&EM) has the ry difficult task of monitoring a region with ry dirse entities and legal systems, some of them ry young. The main challenges it faces are: - Highly dirse legal and judicial systems - Poor or inexistent regional sstical data collection mechanisms - Orlapping structures and normati framework - Insufficient coordination and communication at both national and regional lel.. To simplify the monitoring of these thematic areas a three-tiered mechanism is proposed: - Tier one an annual Monitoring Report on the Extent and Impact of Regional Cooperation based on data and info provide by Member States Represens and Regional Organisations. This report will contain an aggregate indicator of cooperation at regional lel the Regional Cooperation Index (RCI); - Tier two an annual Analytic Report on Regional Cooperation (RCR) deloped by RCC; - Tier three recommended Projects and Studies on specific topics related to Regional Cooperation (RPS) and a set of supplementary indicators (RSI). To ensure proper data collection and provision of comparable data, proper training would be provided to the Represens/Contact points in the Member States and Regional Organisations. 3

4 Data and info collection would happen in two ways: - Tier one an online data collection system, with a secure database and a simple user friendly front-end. Data will be input by the represens of the Member States and Regional Organisations; - Tier two analysis and synthesis prepared by an expert in the area under the coordination an supervision of the RCC, with support from represens of the Member States and Regional Organisations; - Tier three Projects and Studies initiated by the Unirsities in the SEELS Network and by RCC plus supplementary indicators that can be monitored through the same database. The indicators and the database are customizable for further delopments in the future. The M&EM Database The data collection instrument for the RCI, RCR, RSI and RPS will be an online database with a simple web interface where represens of member states and of regional organisations can securely login and input data. The database will generate automatically the aggregate indicators, the Regional Cooperation index and all indicators, for end users. The database will function under RCC s Supervision. The Regional Cooperation Index (RCI) RCI is an aggregate indicator orviewing 5 major cooperation areas in SEE (the rtical pillars): Migration, asylum and refugees; Organized crime & serious forms of criminality; Anti-corruption; Police and law enforcement; Human rights. It orviews these areas from a managerial point of view, with 6 correlate indicators (the horizontal indicators): Data/Info exchange; Operational Activities; Strategic Activities; Outcomes / Results; 4

5 Human Resources; Financial Resources. These indicators are aggregated into a radial indicator and an index of Regional Cooperation, based on year on year change starting from a benchmark of the first monitoring. 5

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7 The Regional Cooperation Report (RCR) The RCR is an annual Analytic Report on Regional Cooperation (RCR) containing an analysis and synthesis prepared by experts under the coordination and supervision of the RCC, with support from represens of the Member States and Regional Organisations. The experts will visit each member state and regional organisations to delop this report. This report will be prepared once ery three years. An update may be released annually, if necessary. The Regional Supplementary Indicators (RSI) These indicators are of a secondary priority or may be important but ry difficult to collect in reality. They can be monitored through the M&EM Database, in the same manner as RCI indicators. They can be customized and updated at will. The Recommended Projects and Studies (RPS) There are seral recommended Projects and Studies on specific topics related to Regional Cooperation (RPS) that can be delop as separately funded projects (EU, US, IPA etc) and / or as research topics for doctoral thesis or research projects within the faculties of Law in the SEELS network. 7

8 Type Quanti Quali What are they measuring P Process indicators x x Measuring the quality and extent of state efforts (such as scope, corage, and content of strategies, plans, programs, or policies, or other specific activities and interntions) O Operational indicators X Measuring of the activities, operations and impact of regional strategies, programs, and action plans R Resources indicators x Measuring the human and financial resource planning and allocations Tier two a tri-annual / annual Analytic Report on Regional Cooperation deloped by RCC. No. M S C T y p e Indicator Source M&EM qua nti RC.01 S P JHA framework Analysis RCC Analysis p2p visit with support from Member States Represens qua li What is measuring RCR X X Nature of cooperation: Bilateral and multilateral agreements, intergornmental or interagency agreement, treaties, conntions, MoUs etc. Number and area of applicability, status, type. Short and mediumterm objectis and identification of common interests; rapid reaction to operational activities; concluded / in force; RC.03 S P Analysis of the International instruments / standards RCC Analysis p2p visit with support from Member States Represens NOTE: PCC-SEE has been tasked to catalogue, coordinate and harmonize all Police Cooperation Conntion Related activities in Hower, This activity has not been identified in the PCC-SEE Road Map (Action Plan). RCR X X Compliance with relevant international standards in the area NOTE: 8

9 in force GRECO reports analyse the international standards in the anticorruption field PCC-SEE analyses compliance with data protection standards, EUROPOL analyses security of data FRONTEX analyses border control DCAF analyses integrated border management, CEPEJ / CoE RC.04 S P Institutional framework Analysis RCC Analysis p2p visit with support from Member States Represens RCR X X Analysis of institutions and regional organisations: Existence, lel, status, capacities, human resources, expertise, main activities an results. RCC s Regional Cooperation / Institutional framework RC.05 M O Coordination Analysis RCC Analysis RCR X Lel of coordination, duplication or orlap (more donors providing financial sources for the same purpose) RC.06 M B Budgetary analysis Member States (JHA RCR x X budgetary allocation; country contributions to regional organisations, ministries), CEPEJ, Regional insider s opinion on that topic. Organisations RC.07 RC.08 M B Human Resources Analysis M P Strategic Activities Analysis Member States (JHA ministries), Regional Organisations Member States (Police, Prosecutors, Courts, JHA Ministries) RCR X X Analysis of personnel allocated for regional organisations (national Member States Represens, contact points, represens, detached and permanent personnel etc) RCR x X Impact assessment, result deliry of - Programmes with international funding - Projects with international or national funding - Joint Analyses, Research, Studies, reports - Strategic meetings - Regional Trainings, Seminars, Conferences, Study Visits, Job Shadowing, etc 9

10 TABLE (I): Indicators considered as relevant for assessing the lel of regional cooperation in fighting against organized crime and serious forms of criminality: No. M S C T y p e Indicator Source M&EM qua nti qua li What is measuring / Notes OC.01 M O No of operati information requests answered SECI/SELEC, Points RCI x Exchange of operati information - Volume of information, NOTE: SECI/SELEC collects total number of exchanges of information annually OC.02 OC.03 M O No of cross border operations M P No. of Strategic Activities PCC-SEE (not yet operational), Points Points, RCC, PCC-SEE RCI x aggregate indicator - controlled deliries - hot pursuit - surillance - DNA transmission - joint instigation teams - asset recory operations RCI x aggregate indicator - Programmes with international funding - Projects with international or national funding - Joint Analyses, Research, Studies, reports, joint threat & risk analyses - Strategic meetings, plans, Roadmaps, documents, etc OC.04 M O No of arrests / indictments / indictments / extraditions Points, SECI/SELEC - Regional/Joint Trainings, Seminars, Conferences, Study Visits, Job Shadowing, experience exchanges etc NOTE: SECI/SELEC collects the number of: - international meetings, - Operational Activity Plans and Reports, - Analytical Reports NOTE: PCC-SEE has been tasked to catalogue, coordinate and harmonize all Police Cooperation Conntion Related activities in RCI x Lel of regional police and law enforcement cooperation No of persons arrested/no of persons indicted/no of persons extradited/ no of persons convicted on trans-border organized crime Cases OC.05 M R Total personnel of SECI/SELEC RCI X - No of liaison officers 10

11 OC.06 SECI/SELEC - Total personnel of SECI/SELEC - * Optional / Supplementary: Personnel allocated for regional cooperation within national structures M R Total allocated budget of SECI/SELEC, Budgeted Projects SECI/SELEC RCI X Total allocated budget of SECI/SELEC, Budgeted Projects from various sources projects total budget OC.07 C O Assets recory Operations OC.08 M O Standardized judicial sstics National Asset Recory Agencies + Prosecutor offices, CARIN Camden Asset Recory Inter-Agency network. EU project (UNOC-RAI), UNODC, JHA ministries RSI X - Assets recory procedures - interim measures and confiscation orders, no of requests of information processed: In place / Used - No of executed decisions of confiscation - Amounts returned to state budget - Assets returned to the states - Number of decisions on assets sharing RSI X - In place - Used NOTE: EUROSTAT, EUROJUST, EUROPOL might ha open data OC.09 M O Obstacles to judicial cooperation Project Proposal or Research RPS x Project (GEZ, US, EU) NOTE: Regional Arrest Warrant OC.10 C O Unification of jurisprudence Unirsity research, SEELS, Doctoral thesis Proposal RPS x The application of the same rules in similar cases and similar decisions; predictability of justice. OC.11 S O Result indicators Member States (Police, RSI x Total no of cases: recorded / indicted / on trial / final decision / Prosecutors, Courts, JHA (sentence serd) Ministries), UNODC Crime and criminal justice sstics Total number of offenders: recorded / indicted / on trial / final decision / (sentence serd) Total value of assets recored Dependent on OC.08 OC.12 M General Country indicators EuroStat RSI X General country indicators (for aggregation): PIB, Population, Surface etc 11

12 TABLE (II): Indicators considered as relevant for assessing the lel of regional cooperation in the anticorruption field. No. M S C T y p e Indicator Source Method ology AI.01 M O No of information exchanges between anticorruption bodies AI.02 AI.03 M O No of joint activities (instigations, prosecutions) on Anti- Corruption Cases M P No. of Strategic Activities on Anti- Corruption AI.04 M O No of arrests / indictments / extraditions / convictions on Anti- Corruption Cases Points (National Anticorruption Bodies) Points (National Anticorruption Bodies) Points (National Anticorruption Bodies), RCC, RAI, GRECO, Research Network of Anti-Corruption Agencies (ANCORAGE-NET) Points (National Anticorruption Bodies) qua nti qua li What is measuring RCI x Exchange of operati information - Volume of information between: - Between anticorruption bodies - Law enforcement agencies RCI x aggregate indicator - no of instigations - no of prosecutions - asset recory operations RCI x aggregate indicator - Programmes with international funding - Projects with international or national funding - Joint Analyses, Research, Studies, reports, joint threat & risk analyses - Strategic meetings, plans, Roadmaps, documents, etc - Regional/Joint Trainings, Seminars, Conferences, Study Visits, Job Shadowing, experience exchanges etc RCI x Lel of regional cooperation No of persons arrested/ no of persons indicted/ no of persons extradited/ no of persons convicted on Anti-Corruption Cases AI.05 M R Total personnel of RAI RAI RCI RAI - NOTE: UNDPs Programme on Anti-Corruption for Delopment Effectiness (PACDE) ; Research Network of Anti-Corruption Agencies (ANCORAGE-NET) AI.06 M R Total allocated budget for RAI, Regional Projects Member States (Finance ministries) Research Network of Anti- Corruption Agencies (ANCORAGE-NET) AI.07 C O Corruption Index in the Transparency international RSI X Lel of corruption RCI x 12

13 AI.08 Region M O Standardized anticorruption sstics AI.09 C O Unification of anticorruption jurisprudence AI.10 C O Obstacles to anticorruption co-operation EU project (UNOC-RAI), UNODC, JHA ministries Unirsity research, Doctoral thesis Proposal, SEELS RSI X X - Standardized judicial sstics : In place / Used - Number and official position of prosecuted and convicted persons; - seized and confiscates assets; - length of final convictions with execution; - number of MLA requests - number of cases / files on anticorruption RSP X The application of the same rules in similar cases and similar decisions; predictability of justice. Project Proposal RSP NOTE: Regional Arrest Warrant NOTE: UNDPs Programme on Anti-Corruption for Delopment Effectiness (PACDE) 13

14 TABLE (III): Indicators considered as relevant for assessing the lel of regional cooperation in the migration, asylum and refugees field. No. MA.01 MA.02 MA.03 M S C T y p e Indicator Source Method ology M O No. of data exchanges (ATR-DCIM) M O No. cases of migration, asylum and refugees M P No. of Strategic Activities - aggregate indicator MARRI, Points, FRONTEX Pulsar Data collection system MARRI, Member States Central Points, IOM Country Migration Profiles; World Migration Report 2010, ICMPD - Year Book on Illegal Migration, Human Smuggling and Trafficking in Central and Eastern Europe, UNHCR Points, RCC, MARRI, IOM, ICMPD, UNHCR, FRONTEX General Report qua nti qua li What is measuring RCI x Exchange of operati information - Volume of information, NOTE: ATR Data Collection Info Management in SEE FRONTEX Project: network for cooperation between border police on international airports RCI x aggregate indicator number of cases of: - illegal/irregular migration, NOTE: IOM recommends focusing on irregular migration - asylum requests - refugees RCI x aggregate indicator - Programmes with international funding - Projects with international or national funding - Joint Analyses, Research, Studies, reports, joint threat & risk analyses - Strategic meetings, plans, Roadmaps, documents, etc MA.04 M O No. of persons beneficiaries of migration, asylum and refugees regional cooperation Association of European Aministrati Judges, IOM, ICMPD, UNHCR, FRONTEX General Report, Member States Central Points - Regional/Joint Trainings, Seminars, Conferences, Study Visits, Job Shadowing, experience exchanges etc RCI x Lel of regional cooperation - illegal/irregular migration returned persons - asylum requests - granted - refugees replaced, returned - number of cases settled in courts 14

15 MA.05 M R Total personnel of MARRI MARRI RCI MA.06 M R Total allocated budget of MARRI, Budgeted Projects MARRI RCI x MA.09 C O Existence of Data Exchange System Points, MARRI MA.10 C O Migration Management MARRI Questionnaire / Report Prepared by MARRI, IOM, ICMPD, FRONTEX RSI X X Time necessary for information flow which effects speed by which certain cases (examples: illegal migration, readmissions) are being sold. (number of cases sold) (time, speed) ATR Data Collection Info Management in SEE RSI x x Orview of : - Migration Management Organisation - Asylum Systems - Illegal Migration, Combating Trafficking and Smuggling of Human Beings - Technical Aspects of Implemenon of Readmission Agreements - Types of Identity and Tral Documents - Visa Questionnaire - Personal Data Protection Standards - Labour Migration Management and Diaspora Matters 15

16 TABEL (IV): Indicators considered as relevant for assessing the lel of regional police and law enforcement cooperation No. M S C T y p e Indicator Source Method ology qua nti qua li What is measuring LE.01 M O No. of info exchanges PCC-SEE, Points, ILECUs LE.02 M O No. of joint operations / instigations LE.03 LE.04 M P No. of Strategic Activities - aggregate indicator M O No. of arrested people in joint operations / instigations / prosecutions Points, ILECUs Points, RCC, PCC-SEE, ILECUs Points, ILECUs RCI x Exchange of operati information - Volume of information PCC-SEE has info on : passport data exchanges, operation data & data protection RCI x aggregate indicator - Witness protection - Cross-border surillance - Controlled deliries - Undercor instigations - Joint Instigation Teams - Hot Pursuit - Mixed Patrols - Cooperation in common centres RCI x aggregate indicator - Programmes with international funding - Projects with international or national funding - Joint Analyses, Research, Studies, reports, joint threat & risk analyses - Strategic meetings - Regional/Joint Trainings, Seminars, Conferences, Study Visits, Job Shadowing, experience exchanges etc - Technical Measures for faciling Trans-Border cooperation RCI x Lel of regional cooperation No. of arrested people in joint operations / instigations Total value of seized drugs / assets / arms etc (difficult to collect, optional) LE.05 M R No. of personnel of PCC- SEE, SEPCA, WPON, ILECUs Member States Represens, PCC-SEE, SEPCA, WPON, ILECUs RCI - No of liaison officers - Total personnel allocated for regional organisations (ILECUs, common centres, PCC-SEE, national Member States Represens, contact points, represens, detached 16

17 LE.06 M R Total allocated budget of PCC-SEE, SEPCA, WPON, ILECUs, regional Projects LE.07 C O No. of dismantled organised crime groups with regional impact PCC-SEE, SEPCA, WPON, ILECUs PCC - SEE Prosecutorial Member States Represens and permanent personnel etc) RCI x PCC-SEE, SEPCA, WPON, ILECUs, Regional Projects RSI X X Efficiency of cooperation 17

18 TABEL (V): Relevant indicators for assessing the lel of regional cooperation in this field of Judicial cooperation: No. M S C T y p e Indicator Source Method ology qua nti qua li What is measuring JC.01 M O No. of mutual legal assistance requests Points, SEEPAG, WBPN RCI x Exchange of operati information - Volume of information? JC.02 M O No. of extraditions and transfer of proceedings Points, SEEPAG, WBPN RCI x No. of extraditions No of transfer of proceedings JC.03 M P No. of Strategic Activities - aggregate indicator JC.04 M O No. of extradited / convicted persons Points, RCC, SEEPAG, WBPN Points RCI x aggregate indicator - Programmes with international funding - Projects with international or national funding - Joint Analyses, Research, Studies, reports, joint threat & risk analyses - Strategic meetings - Regional/Joint Trainings, Seminars, Conferences, Study Visits, Job Shadowing, experience exchanges etc RCI x Lel of regional cooperation No. of extradited persons No. of convicted persons JC.05 M R No of liaison magistrates exchanges / Total Personnel of Regional Organisations Points, SEEPAG, WBPN RCI - No of liaison magistrates exchanges - Total personnel allocated for SEEPAG, WBPN JC.06 M R Total allocated budget / Regional Projects JC.07 C O Volume of assistance provided by prosecutors to SECI/SELEC) Points, SEEPAG, WBPN (SECI/SELEC)/SEEPAG/WBPN Member States RCI x The budget allocated for: - SEEPAG - WBPN - Regional Projects x 18

19 TABEL (VI): Relevant indicators for assessing the lel of regional cooperation in this field of Fundamental Rights, Administrati and Civil Matters: No. M S C Indicator Source Method ology What is measuring FR.01 T y p e Fundamental Rights policy Open sources, Member states RPS qua nti qua li The existence of a coherent human rights policy. Analysis. FR.02 FR.03 Fundamental rights breaches. Fundamental rights analysis Open sources, Member states RSI No of cases on to liberty and security, access to justice, right to a fair trial and to a due process, free legal aid, alternati dispute resolutions, assistance and redress mechanisms for crime victims Project Proposal RPS A study and report with recommendations for policies on Fundamental rights in the region, political advocacy, networking and supporting the implemenon of the legal framework on human rights issues connected with justice and judicial reforms Comprehensi treatment and reduction of drug demand and drug abuse recommendations FR.04 Prison System Study Study, SEELS RPS prison system, prisons administration, system of transfers of sentenced persons - recommendations for an integrated strategy on prisons is crucial. FR.05 Best practices Exchange Member States RPS exchange of best practices and lessons learnt on cooperation in private and civil law matters and in the protection of fundamental rights, within JHA area in close cooperation with relevant European and international institutions (European Commission, United Nations Office on Drugs and Crime - UNODC, Council of Europe, INTERPOL and EUROPOL etc). FR.06 Children s Rights Study or Project RPS Recommendations for Capacity building 19

20 FR.07 Protection - should be enhanced especially in the area of sexual abuse of children through the Internet. - should ensure that their legal systems contain different medical, psychological, social and financial measures to protect children when they are victims of criminal offences such as trafficking, sexual exploion and sexual abuse. Junile justice system Reform Study or project RPS Recommendations for policies an instruments on: - Respect of the rights of the child during the criminal procedure. (There is a need of enhancing coordination among actors invold in the junile justice as well as a necessity to strengthen the mechanisms and the policies for the prention of junile delinquency) - Separate detention facilities for juniles - effecti mechanisms for the registration and impartial instigation of complaints for children victims of ill treatment during imprisonment. - transparent and functioning systems of data collection and data sharing 20

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24 AGGREGATE INDICATORS 24

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