Quarterly Reporting Template for US/INL Funded … - UNDP...2008. The Supreme Court of Sri Lanka in...

1 UNDP Quarterly Progress Report

Quarterly Reporting Template for US/INL Funded Projects

Period covered by the report: 1 October 2014-31 December 2014

1. Context

Project/Sub-programme Number

Title Strengthening Institutional Capacities in the Penal

Chain and Access to Justice in Sri Lanka

Duration (years/months) 3 Years

Starting Date 23 September 2013

Location(s) * National and Sub-National

Responsible Office:

UNODC Regional / Country or Thematic

Programme Outcome to which this

programme/project directly contributes *

Executing Agency UNDP

Government Implementing

Agency/Partners *

Ministry of National Languages and Social Integration;

Ministry of Justice; Ministry of Rehabilitation and Prison

Reforms and Ministry of Child Development and Women’s

Affairs.

UNODC Overall Budget USD$ 705,000

Donor(s)

US-INL through UNDP-Bureau for Policy and

Programme Support (formerly Bureau for Crisis

Prevention and Recovery)

1.1 Summary of quarterly Achievements against set targets /Project Summary

: Implementation of activities continued during the reporting period, amidst some continuing challenges faced within the

respective sectors and changes in context following the call for the January 2015 Presidential Elections. Many changes

in context are anticipated/have occurred at the time of submitting this report, which are expected to have implications

(both positive and negative) upon the work of this Project in the short-medium term.

Discussions were re-initiated with the Attorney General’s Department with regard to the conducting a workshop to

facilitate the identification of priority cases within the Department, following changes within the Department. Work was

taken forward with regards to non-judicial training in the Anuradhapura district.

The process of consolidation and translation of two core pieces of legislation (Penal Code and the Code of Criminal

Procedure Act) has been completed and submitted to the Ministry.

The Ministry of Justice selected the service providers that would conduct the Baseline Assessment on the Challenges in

the Penal Chain. Two thematic Sub-Committees were established under the aegis of the National Steering Committee

on Justice.

A referral system for SGBV victim survivors (women and children) have been mapped taking as a reference existing

models and presented to stakeholders for consultation. The Ministry also has continued to collaborate with the Forum

against GBV in the area of policy dialogues during the reporting period. Complementary support was also extended

through the SELAJSI Programme, to strengthen the Ministry’s Women and Child Development Units at Divisional level

as a means of strengthening the referral system as well as the Police Women and Children’s desk which is also part of

strengthening the referral system to respond and prevent SGBV. Awareness programmes were also held in the 3 area

models to make community groups and school children aware of preventing and responding to GBV. Advocacy

materials on laws, policies have also been produced in the form of a Resource Note Book, docu-dramas, DVDs

containing short documentaries on different forms of GBV, brochure containing information on police desks, ministry

units and GBV health desks to be distributed to the general public to build awareness on services for SGBV victim

survivors.

The Chief Technical Advisor for the SELAJSI Programme joined the team on 18 December 2014 and the end year

Programme Board meeting to approve the 2015 Annual Work Plans was also held on the same day.


2.Planned and Unplanned Results Achieved

In the following sections, please use the tables provided to answer these questions:

• (1) List and describe all intended and unintended results from this quarter.

• (2) List any evidence that proves intended results were achieved.

• (3) What was the cause of any unintended results?

• (4) How was the evidence gathered?

2.1 Outcome(s) and outputs

Outcomes and Outputs

Planned Results (US term)

Progress against identified

performance indicators

Achieved Results (US term)

Means of Verification

Evidence and Data Collection (US

term)

Comments. Please explain any

variance between planned and

achieved activities, outputs and

outcomes

Total outcome

expenditure/advance

excluding project support

costs (PSC), in US$, as of

Quarter 4

Outcome:

Communities empowered and institutions strengthened to support local governance, access to justice, social integration, gender equality, and monitoring, promotion and protection of human

rights in alignment with international treaties and obligations and in alignment to the constitution of Sri Lanka.

Activity Result 1: Reduced criminal

justice delays through improved

case management and pretrial

procedural mechanisms between

penal chain actors in 1 “area

model”(1.1)

Baselines:

1. # of backlog cases to be established

during Year-1

2. # of priority cases identified in 1

area model penal chain to be

established in Year-2

Process indicators:

1. Case Management Committee

established and in operation in 1 area

model

2. Staff trained on use of case-

management systems

Output indicators:

1. % priority cases addressed in the

area model penal chain

2. Increased efficiency in the criminal

justice process

USD 15,171.67

(Expenditure for the

reporting quarter)

USD 19,955.67 (Total 2014

Expenditure)


Activity Result 2: Increased

coordinated legal aid service

delivery for vulnerable and

marginalized populations,

including through the establishment

of referral mechanisms at sub-

national level (2.2)

Baselines:

1. No formal referral system in

place between ADR mechanisms,

paralegal service providers, legal

aid service providers and justice

and security institutions

2. No recognition of para legals as

formal legal aid service

providers.

3. Absence of standardized training

and accreditation for para legals.

4. Many recommendations of the

2010 LAC capacity assessment

have not been implemented

5. # of LAC capacity assessment

recommendations not

implemented to be determined in

year-1

Process indicators:

1. Formal referral system

established between ADR

mechanisms, paralegal service

providers, legal aid service

providers and justice and security

institutions

Output indicators:

1. Para legals formally recognized

as legal aid service providers

2. Standardized training and

accreditation system for para-

legals established

3. # of recommendations of the

2010 LAC capacity assessment

implemented

USD 26,868


reporting quarter)

USD 29,074(Total 2014

Expenditure)


Activity Result 3:Capacities of law

enforcement and judicial

institutions strengthened to

efficiently handle SGBV cases and

ensure equal access to legal and

judicial protection for SGBV

victims (3.3)

Baselines:

No National Action Plan on

SGBV.

Comprehensive and current data

on prevalence of SGBV not

available.

Domestic violence law adopted

but some gaps remain.

There is no operational referral

system of SGBV from mediation

boards to the penal chain.

# of cases filed under Domestic

Violence Act of 2003 to be

determined by baseline study

conducted in year-1.

Process indicators:

1. Legislation to combat violence

against women reviewed by

mandated institutions.

Output indicators:

1. National action plan on SGBV

formulated.

2. # of activities implemented from

the National Action Plan on

SGBV. 3. % increase in the number of

domestic violence complaints

referred by the Mediation Boards

to the penal chain (as a proxy for

the operationalization of the

system).

USD 13,262.52


reporting quarter)

USD 22,762.52(Total 2014

Expenditure)

Activity Result 4:

Improved institutional capacities

for efficiency and effectiveness of

the justice sector at national level,

including strategic planning and

cross-sectoral management skills

Baselines:

1. No language unit in the MOJ to

formulate and coordinate

implementation of a language

plan for the justice sector,

including recommendations by

USD 21,649.17


reporting quarter)

USD 58,316.17 (Total 2014


for the formulation and

implementation of policies, laws

and plans (4.2)

the Speedy Trial Committee.

2. Lack of consolidated legislation

and translations in both official

languages of Evidence

Ordinance, Penal Code,

Judicature Act, Criminal

Procedure Code and Civil

Procedure Code.

3. Limited awareness amongst

lawyers of the latest international

and regional developments in

criminal justice and public law

(Constitutional and

Administrative)

4. The draft Bill on Assistance and

Protection to Victims of Crime

and Witnesses was tabled in June

2008. The Supreme Court of Sri

Lanka in its Special

Determination 1/2008, SCM

02.04.2008, suggested changes to

the draft law of which many were

incorporated by the Ministry of

Justice into an “Amended

Version” issued on 28 July 2009.

Process indicators:

1. # of dialogue/advocacy events

between the criminal justice

system stakeholders on passage

of the Protection of Victims and

Witness Bill

Output indicators:

1. Languages Unit established in

the MoJ to formulate and

coordinate implementation of a

language plan for the justice

sector

Expenditure)


2. # of key pieces of legislation

consolidated and translated

into both official languages

Draft amendments to Criminal

Procedure Code prepared to decrease

case delays and remand population

Total 2014 (Excluding PSC) $ 130,244.48

PSC $ 46,120.70

Total Expenditure (Including PSC) $ 176,365.18

2.2 Unplanned Results

Unplanned Result Cause of result

N/A N/A


3. Progress against Implementation Plan

3.1 Progress this quarter

During the reporting period USD 76,951.36 expenditure was recorded under the Project. Overall, the

estimated expenditure recorded for the year of 2014 implementation is USD 130,244.48, whilst Project

Support Costs (PSC) charged for the year was USD 46,120.70.

Current Progress (please indicate)

On track Slightly

delayed X Delayed Ahead of

plan

Activity Result 1

Case Prioritization Workshop

Preliminary discussions with the Attorney General’s Department (AGD) on the identification of priority

cases within the AGD continued with progress being made on the design of the full-day Workshop which

was proposed during the previous quarter. As reported, the initiative was developed with the aim of

identifying priority cases within the “Criminal” Division of the AGD, as part of a series of activities aiming

to improve case management and reduce delays in the criminal justice system. During the course of several

discussions with senior officials from the relevant Divisions of the AGD, specific tools that would assist

participants assess the priority cases, based on agreed criteria were identified.

The workshop initially scheduled for 16th September 2014 was postponed due to internal issues in AGD,

including most recently, the retirement of the former and the appointment of the new Attorney General.

This necessitated a fresh round of discussions at which the proposed activity, scheduled for December

2014, was presented to the Attorney General. Official approval by the Attorney General was only

communicated during the final week of December (during the month of court vacation), thus the workshop

could not be held as planned and was rescheduled to be undertaken in the first quarter of 2015. The

Ministry remains hopeful that the programme will be conducted during this period as official approval to

proceed has been granted.

Non-Judicial Court Staff Training

As another component aiming to improve case management, the Project, together with the Non-judicial

Training Division within the Ministry of Justice, decided upon conducting a training workshop for non-

judicial court staff in the Anuradhapura District on productivity enhancement, human rights, and women

and children’s rights. While initial discussions explored the possibility of conducting the programme in the

Batticaloa district, a final decision was made to conduct it in Anuradhapura (second area model under the

SELAJSI Programme) in light of a number of supplementary programmes conducted by the Ministry in this

district which would serve to enhance the objective of the proposed training programme. Although the

project envisaged conducting a two-day programme (and had made all necessary arrangements ), the

programme had to be limited to one-day (29th December 2014) in light of the situation of the severe floods

which affected in Anuradhapura during this time and resulted in a warning being issued against traveling

within and to the district. A total of 50 participants attended this Programme. Despite having been

shortened, this was a relevant intervention in a longer term process of sensitisation of clerks and non-

judicial staff on case tracking and efficiency as well as on key thematic legal and human rights issues.

Case-Flow Management Committee (Batticaloa)

In continuing efforts to establish a Case-Flow Management (CFM) Committee in Batticaloa, the project

continued to liaise with the senior officials from the Police, State Prosecution (AGD), Prisons and the Legal

Aid Commission It was also decided that the CFM Committee will be Chaired by the Magistrate and will

meet on a tri-monthly basis. An official request for approval was submitted by the Secretary -Ministry of

Justice to the Judicial Services Commission (JSC), the independent body that is tasked with authorising the

participation of judicial officers to serve in any such Committee. While the first meeting was tentatively

scheduled to be held in November 2014, the official reply from the JSC was only received by the Ministry

during the second week of January 2015. Moreover, the Ministry has been informed through this


communication that the JSC has not authorised the participation of the judicial officers (Magistrate) at the

area-model CFM Committees.

While the participation of the Magistrate is essential to the establishment and continued operation of the

area-model CFM Committees, the Project is also compelled to acknowledge the communication from the

JSC and explore alternate means of achieving its objective with the participation of the police, prisons and

the state prosecution. At the same time, the Project is engaged in a series of discussions in order to re-

engage with the JSC to secure approval; the Project remains sensitive to the various dynamics between the

regional and the central authorities, and is The Project also anticipates a significant challenge in securing

immediate approval in light of the current political context of the country (regime change post Presidential

Elections on 8 January 2015) and the expectant changes within the judiciary and the relevant Commissions.

Baseline Assessment on the Challenges in the Penal Chain

Upon selecting the two institutions and an individual legal expert (consultant) based on proposals/concept

notes submitted by institutions/individuals interested in conducting the “Baseline Assessment on the

Challenges in the Penal Chain”, the Ministry of Justice together with the Technical Coordinator-Access to

Justice engaged in several technical discussions on developing the strategy for conducting the Study. The

Centre for Study of Human Rights (CSHR) of the Faculty of Law, University of Colombo, Verite Research,

and Mr Harshana Nanayakkara a former State Counsel and Attorney-at-Law with considerable experience

in conducting similar studies were selected during the reporting period to undertake this exercise. While

CSHR were contracted to carry out the field research, both Verite Research and Mr Harshana Nanayakkara

were contracted to develop the research tool, conduct a comprehensive training for the legal researchers, as

well as analyse the findings of the study and submit the final report to the Ministry of Justice. The former

Attorney General was also contracted by CSHR in order to provide overall guidance to the team and assist

with technical aspects relating to the Study. Following a series of meetings with the Contractors and the

Technical Coordinator –Access to Justice and the Project Team at the Ministry of Justice, the research tool

was developed.

It was decided that the study will be piloted in the High Courts of Anuradhapura (including the Children’s

High Court) and a total of 623 cases would be reviewed in order to filter out cases on murder, rape, armed

robbery and narcotics which subjects will be identified for the purposes of this Study. Based on the

identified criteria, the research tool was developed adopting a two-pronged approach. 1) Field Research on

Case File Analysis 2) Stakeholder Consultations (with institutions within the penal chain) with officials in

Anuradhapura and Colombo as the center. The Field Assessment was planned to be held during period of

12 days during the month of December, cognizant of the need to access case files during the period of court

vacation. Six legal researchers were recruited for the Study and a comprehensive training programme on

conducting the research was also held on 19th December 2014. Access to case files within the court system

necessitates approval from the JSC. An official letter of request was submitted by the Secretary-Ministry of

Justice reiterating the urgency of securing approval in time to conduct the study during the month of

December. However, the JSC responded unfavourably to the Ministry only during the second week of

January 2015, thereby delaying the field assessment. The Ministry is currently exploring alternate means of

securing approval without which the study cannot be embarked upon. As mentioned previously, the

Ministry also anticipates considerable delay in light of the developments post presidential election and

changes anticipated within the judiciary and the JSC. Any changes within these institutions would

necessitate a fresh round of discussions to secure buy-in and approval to continue with the Study as

originally planned.

Electronic Case-Tracking

A specific sub-committee on ‘Electronic Case-Tracking’ functioning under the aegis of the National

Steering Committee was established and the initial sitting of the Sub Committee was held on 18th

November 2014 in conjunction with the Committee on Case Flow Management. In light of the fact that the

electronic information flow system aims to strengthen case flow management within the penal chain

institutions, these two Committees were amalgamated. One to one meetings were held with the Police, State

Prosecution, Prisons and the Legal Aid Commission in order to map out their specific concerns. Following

a number of meetings, it was decided that a Consultant (individual) be contracted to develop the specific

criteria (call for proposals) from reputed IT companies in order to work extensively in close cooperation

with the selected institutions in order to gauge their needs (vis-à-vis case tracking) and develop a proposal


that will subsequently be tabled at the Sub Committee. The Ministry is currently in the process of

identifying the individual consultant for this purpose.

Activity Result 2

Judicial Colloquium on Bail

In an effort to improve access to justice and the effectiveness of the penal chain, following a series of

discussions with the Chairman of the Legal Aid Commission (LAC), it was decided that the Project would

support the LAC to conduct a comprehensive residential Judicial Colloquium on the subject of ‘bail’ for

Magistrates in the Northern, North Central and Eastern Provinces. The initiative was decided upon having

identified it as an area lacking in support following a review of legal aid initiatives that have secured

extensive support from a number of actors. A two and a half day residential Colloquium on bail was held

from 28th – 30

th November for 40 Magistrates from the aforementioned Provinces which included two of

the SELAJSI area models - Batticaloa and Anuradhapura. The Provinces were selected due to the large

volume of bail applications recorded as well as the need to streamline interventions in the selected area

models in order to facilitate a coordinated response to the planned initiatives aimed at facilitating enhanced

case-flow management within the criminal justice sector. The sessions included; extensive discussion on

the circulars on bail issued by the Judicial Services Commission, key decisions in relation to the subject,

practical issues relating to the granting of bail, the need for a national sentencing policy/guidelines etc. Key

court decisions/precedents were shared with the participants in order to sensitize the magistrates to recent

developments within the field. The programme was also envisaged as a means by which the challenge in

relation to overcrowding in prisons could also be discussed in relation to the granting of bail. Key

recommendations suggested by the participants were shared with the Ministry of Justice for necessary

action.

Legal Assistance to Prisoners

Another component of increasing access to legal services entailed support to the filing of bail applications

for detainees in the Magazine and Colombo Remand Prison (Male and Female Prisons). Following

extensive discussions between the Ministry of Justice and the LAC and the Welfare Department of the

Prisons, the Project through a Memorandum of Understanding between the Ministry of Justice and the LAC

supported the Commission to file bail applications during the months of November and December 2014;

this support will be extended to take on other legal concerns of detainees in 2015. Ten legal aid clinics

were held during these two months with the participation of two lawyers taking on a total of 25 cases each.

Support on bail applications will extend until such time that the Bail order is delivered and communicated

to the relevant institutions. Discussions have been held with LAC to explore supporting cases that involve

care and protection of children of detainee/prisoners in 2015. Additionally, support will also be extended

towards juvenile cases.

In addition, cognizant of the need to sensitize prison officers to the developments in the procedure relating

to ‘bail’ the Project supported the Legal Aid Commission to conduct an awareness programme for eighty

(80) prison officers in the Colombo district on 14th December 2014. The programme also served to create

awareness amongst prison officers on the legal aid support rendered by the LAC (supported by the Project)

for prisoners. The programme was developed in collaboration with the Ministry of Justice and the Prisons

Welfare Department which is currently supporting the LAC to conduct its legal aid support activities for

prisoners. The programme included sessions on Fundamental Rights of prisoners conducted by the former

Attorney General, the rights of mentally challenged prisoners conducted by a forensic psychiatrist, as well

as a panel discussion on challenges relating to bail securing the participation of the resource experts and the

participants. The Project intends to collaborate with the Prisons Department in order to streamline its

training support in accordance with the Training Needs Assessment conducted under the SELAJSI

Programme (through UNDP resources) by the Ministry of Rehabilitation and Prison Reform during the

third and fourth quarters of 2014.

National Policy on Legal Aid

As part of a comprehensive approach to improve legal aid, the Project held following several dedicated

discussions with the LAC on the development of the National Policy on Legal Aid. As a result, it was

decided that a Committee consisting of stakeholders within the legal aid sector be established in order to

guide the development of the National Policy on Legal Aid Chaired by the Chairman of the LAC. A legal


expert (consultant) on the subject has been contracted by the Ministry of Justice and will develop and draft

the policy guided by the Stakeholder Committee. The consultant is tasked with developing and presenting a

concept document to the Committee outlining the mapping of the legal aid sector conducted by the Asia

Foundation, UNDP (Equal Access to Justice Project), and UNHCR in 2009. The consultant has shared the

concept document with the Ministry of Justice and a preliminary meeting was held in order to identify the

members to be invited to the Stakeholder Committee. The Terms of Reference of the Committee has also

been developed and the first meeting of the Committee is tentatively scheduled for the last week of January

2015.

Pro-bono Legal Aid

In the interest of increasing the involvement of the junior members of the Bar Association of Sri Lanka

(BASL) in pro-bono work/legal aid, the Project supported the BASL to include legal aid and pro-bono work

as a specific thematic subject at the Junior National Law Conference held on 31st

October – 1st November

2014. A Forum Theatre event was also developed and presented under this theme. The event secured the

participation of over three hundred junior lawyers as well as senior legal professionals following which a

discussion on the topic was held between the Hon. Chief Justice and the participant junior lawyers on the

importance of legal aid and pro-bono work. The concept was also raised in the context of ethics for lawyers

where junior lawyers were encouraged to engage in such pro bono work. At the conclusion of the forum

theatre event, junior lawyers willing to undertake legal aid cases were requested to share their contact

details which will subsequently be shared with the LAC.

Activity Result 3

Sexual and Gender Based Violence (SGBV) Referral System

In order to facilitate the process of strengthening the referral system to respond to and prevent SGBV, the

Ministry of Child Development and Women’s Affairs (MCDWA) mapped the referral system for women

and children. MCDWA also planned three multi-sectoral referral meetings/ symposiums in the 3 area

models, namely in the districts of Anuradhapura, Ratnapura and Batticaloa in November and December.

The multi-sectoral referral symposium in Batticaloa was held on 18th November (while the other two

symposiums could not be held following the call for the January 2015 Presidential Elections being made in

mid-November 2014) where the MCDWA and the Technical Coordinator-Gender and Women’s

Empowerment, presented the referral model. The referral meeting brought together for the first time

officers of MCDWA, the Judicial Medical Officer’s office, the hospital desks, Prisons Department,

representatives from Mediation Board, representatives n from all the Police Women and Children’s Desks

in Batticaloa (from 12 police stations), civil society representatives from the shelter run by Koinonia,

Women In Need, Women Development Centre, GBV Task Force, and the District Child Protection

Committees among others. There were approximately 170 stakeholders that participated in the symposium.

The other two symposiums on strengthening the referral system have been planned for the first and second

quarters of 2015, subject to the changes following the January 2015 Presidential Elections.

In relation to advocating for implementation, review, amendment and introduction of legislation/ policies to

combat violence against women, MCDWA in collaboration with the Forum against GBV held a Policy

Dialogue on implementing the Domestic Violence Act and strengthening Police Women and Children’s

Desks (as identified in the National Human Rights Action Plan and the CEDAW recommendations) on 8th

December 2014 in Colombo, with the technical and financial support of the Project. At this Forum, the

aforementioned referral system was presented to the participants by the Technical Coordinator. A training

workshop on UN Security Council Resolution 1325 was also held in December 2014, for 30 officers of the

MCDWA who serve as the gender focal points at each of the Ministries.

Raising Awareness to combat SGBV

With regards to the development of developing audio-visual / print materials aiming to raise awareness and

combat violence against women, including promoting state mechanisms to address SGBV, with the

financial support of the SELAJSI Programme (through this Project contribution and UNDP’s core

resources), the MCDWA, in collaboration with the National Committee on Women (NCW) and state media

corporation (Rupavahini) produced a docu-drama of real families that overcame violence in their lives

through counselling, that promote equality in the home and mutually support domestic work etc.. The

documentary will be used for advocacy purposes and will also consider possibilities for broadcast which


could not be undertaken in 2014. Additionally, DVDs on awareness of laws and policies that focus on

issues such as sexual harassment in public transport, violence faced by domestic workers etc. which have

been produced by NCW have been developed for island-wide dissemination among the 1655 MCDWA

field officers, and over 2000 Police Officers attached to the Police Women and Children Desks across 430

police stations. This resource will also be distributed through gender focal points to all Ministries, civil

society groups, Universities and schools. Furthermore, a trilingual Resource Note Book which contains

different forms of VAW and the laws / policies that offer protection to women, including international

treaties was produced as a part of the 16 Days of Activism Campaign of the Forum against GBV. This Note

Book will be widely distributed during the first quarter of 2015 to all field and national officers of the

MCDWA, the Police Women and Children Desks and to GBV Desks in hospitals, among others. This

product fills an immediate void which exists among many field officers and national level officers who do

not have a basic working knowledge of the types of violence against women and children, the basic laws

that offer protection, and redress mechanisms, as well as the commitments made by the State in this regard.

Complementary support to this Project’s activities was provided through the use of UNDP’s core resources

and a contribution by the Government of Norway to raise awareness on prevention of underage marriage

and SGBV by further strengthening the Divisional level work of the Angel Network of National Child

Protection Authority (NCPA) in the 3 area models. Additionally, the Probation and Child Care Services

undertook awareness programmes by engaging ACT 4 - Forum 'Theatres for Change' were also conducted

in Battaramulla/ Colombo, Anuradhapura and Batticaloa at school level and community level. At each

location as estimated 300 students were reached, thereby overall reaching an estimated 3,500 school

children and community members. In addition the MCDWA officers and staff of other Ministries were

sensitized on the various aspects that make teenagers vulnerable to SGBV and mechanisms to prevent these

violations.

Capacity Assessments

The MCDWA, with the financial and technical support of the Project conducted the capacity assessment

(covering knowledge, skills, perception on gender equality etc.) in all three area models in October and

November 2014. The assessment were undertaken by MCDWA with the support of the Technical

Coordinator and has identified the specific additional Divisional Secretariat level needs of the Women and

Child Development Units of the MCDWA, in the area models as well as the key SGBV issues in these

Divisions. The capacity assessment will serve as a pre-test to assess the knowledge and perception of the

field officers before they received any training / resource material from the Project.

Over 60 field officers of the MCDWA from the Anuradhapura district underwent training on the newly

developed training module (a four-day training on knowledge and skills related to gender and child rights)

of the MCDWA and delivered by the Sri Lanka Foundation.. This training initiative was financially

supported by the Project, addressing a critically identified capacity development need. The MCDWA has

planned to roll out this training nationally in 2015, as the Ministry aims to institutionalize the training

programme for all its field officers. The Ministry is currently awaiting the submission of the pre and post

training completion assessment from this first batch which completed the training programme.

Related Support

Also providing critical complementary support to the work of this Project, through UNDP’s core resources,

the most basic needs of the Police Women and Children’s Desks in the three area models, which related to

the most essential equipment and furniture (basic furniture such as a cupboard, computer table and chair;

and basic equipment such as a computer, printer, UPS and virus guard) that is required for the Desks to

operate effectively and strengthen the SGBV referral system for victim survivors were provided to a total of

47 Police Women and Children Desks in the districts of Anuradhapura, Batticaloa and Ratnapura. The 3

main Police Coordinating Officers in Anuradhapura, Ratnapura and Batticaloa received additional

equipment/ furniture such as a multifunction printer, office chair and table among others. In relation to

these entities, this most basic provision of support enables them and the Project to take forward activities in

relation to GBV data collection and roll out of the referral system.

Training to support the response to victims of SGBV (NISD)

An MOU has also been signed with the National Institute of Social Development (NISD) to provide

training on SGBV and counselling techniques (required to speak to victims of SGBV) for 38 police officers


from Police Women and Children’s Desks and 2 officers from the 1938 Helpline operated by the NCW. In

2015 MCDWA will monitor progress and obtain feedback regarding the value addition as a result of this

training to all officers.

In relation to this Activity Result, during the first quarter of 2015, in light of anticipated changes to the

political, administrative and institutional structures, post the January 2015 Presidential Election will rethink

and discuss on how to take forward the mapping and development of curriculum, training modules and

training techniques on SGBV for all justice sector institutions and actors in consultation with the Ministry

of Justice, the Sri Lanka Police, the Police Bureau for the Prevention of Abuse of Women and Children..

Activity Result 4

Translation and Consolidation of Core Legislation (Penal Code and Code of Criminal Procedure)

The Project continued the consolidation of the Penal Code and the Code of Criminal Procedure Act in

Sinhala, Tamil and English languages, in order to meet the critical need of for consolidated legislation

within the justice sector, including ensuring its availability in all three languages. These two pieces of key

legislation were identified as priority given the Project’s focus on strengthening access to justice within the

criminal justice sector. During the reporting period, the legislation was translated and consolidated in the

two official languages and English. It is currently being typed out following a review conducted by a

Technical Consultant. The Project had to seek special approval from the Ministry of Finance and Planning

in order make payments to typists in excess of the rate stipulated in the government circular. Although there

was considerable delay in securing the approval for this payment, the assignment was completed and the

consultants submitted the consolidated Acts on 20th December 2014. Thereafter the Ministry of Justice

convened a meeting with the Consultants in order to ascertain the number of copies that should be printed

by the Government printer.

Thematic Sub-Committees under the aegis of the National Steering Committee on Justice

Upon launching the National Steering Committee on Justice (NSCJ) in July 2014, specific thematic sub-

committees that would function under the aegis of the NSCJ were identified. The inaugural meetings of the

thematic sub-committees on a) Sentencing and b) Case Flow Management and c) Electronic Case Tracking

were held in November 2014. The members of the Committees included senior representatives from the

Attorney General’s Department, the Police, Prisons, Government Analyst’s Department, the Bar

Association of Sri Lanka, the Judiciary, and the Judicial Medical Office. The inaugural meetings were

Chaired by the Secretary -Ministry of Justice. Several key steps were identified as essential towards laying

the foundation for achieving the targets envisaged in the Terms of Reference of the Committees (finalised

at the meeting). A number of research initiatives and institutional capacity assessments were identified as

preliminary activities to be commissioned by the Committees. While the Sentencing Committee deliberated

on the need to review cases to map out existing trends in judicial decisions as well as study international

developments in the subject, the Case Flow Management Committee identified institutional capacity

assessments within the penal chain institutions as key interventions towards mapping out the challenges to

case flow management. The Baseline Assessment on the Challenges within the Penal chain to be conducted

by the Project was introduced to the CFM Committee, and members were informed that the findings of the

study would be presented to the Committee upon completion of the assessment. The members were also

informed that the report on suggestions for case flow management compiled by the Junior Bar Association

at the end of the Junior National Law Conference 2014 would be presented to the Committee at its next

sitting.

Junior National Law Conference - Sentencing

The Junior National Law Conference was held on 31st October – 1

st November 2014 (see also Activity

Result 2), a specific session on “sentencing” was also held (following a criminal trial enactment) and a

report containing recommendations on sentencing was shared by BASL with MoJ. This will subsequently

be presented to the Thematic Sub Committee set up under the National Steering Committee on Justice

tasked with developing a National Sentencing Policy. The importance of victim and witness protection

within the criminal justice system was also discussed at the sessions. Given that the conference secured the

participation of over three hundred lawyers (in practice for 1-10years) from across the island, a survey

questionnaire on specific challenges relating to case-flow management was also shared and a report of the

survey findings was presented to the Ministry of Justice and will be tabled at the Sub Committee meeting

on CFM.


Legal Draftsman’s Department

Following a series of discussions with the Legal Draftsman’s Department (LDD) to identify the training

needs of the Department, the Ministry of Justice (supported by the Project) entered into a Memorandum of

Understanding with the LDD to support the specialised training on drafting legislation in the English

language for its junior and senior legal draftsmen. The programme is conducted with the support of the

British Council and is envisaged to be conducted over a period of 3 months. The specific modules and

course material were developed and the official launch of the course was held on 18th December 2014. The

resource persons identified include the Legal Draftsman, senior retired officials from the LDD, and the

British Council.

South Asian Association for Regional Cooperation (SAARC) Regional Conference on Penal Sanctions

Cognizant of the need to provide awareness and insight into the multiple penal sanction mechanisms

available in criminal justice, harmonize penal sanction mechanisms within the SAARC region, and provide

an impetus to the development of sentencing guidelines/policy in Sri Lanka, the Project following extensive

discussions with the Attorney General’s Department, the Ministry of Justice and the Sentencing Sub-

Committee is currently in the process of planning the SAARC Regional Conference on Penal Sanctions that

is tentatively scheduled for the second quarter of 2015. The Concept document for the initiative was

finalised in November 2014 and extensive research is being conducted ahead of the Pre-Conference Round

Table meeting to table the plan and road map for the Regional Conference. The pre-conference round table

meeting has been tentatively scheduled for February 2015 and will secure the participation of the Hon.

Chief Justice, Hon. Attorney General, Hon, and the newly appointed (in January 2015) Minister for Justice

and other key high-level officials within the criminal justice sector.

The regional conference will bring together senior delegates, participants and international resource experts

on penal sanctions in order to draft and submit for adoption the “Colombo Declaration on Penal

Sanctions”. The preliminary draft of the Declaration will be drafted at the pre-conference round table

meeting. The key objectives envisaged of the Regional Conference include; revisiting the objectives of

imposing penal sanctions on convicts, providing of insight into penal sanction mechanisms available within

the region, and the sharing of experiences relating to the determination of penal sanctions

3.2 Staffing, management and coordination arrangements

The four Technical Coordinators based at each of the Implementing Partner Ministries, continued to work

on the Project, providing essential technical and coordination support. The Chief Technical Advisor for the

SELAJSI Programme also came on board in mid-December 2014 and has since been involved in getting up

to speed with the Programme, undertaking consultations with the Implementing Partners and other key

partner entities, in order to best support the Programme in 2015. In addition, the Project recruited a

(volunteer) legal intern/ researcher to be based at the Ministry of Justice on a full-time basis in order to

conduct sound research into the topics around which the thematic sub-committees have been formed. The

Project intends to recruit a second intern in January 2015.

The Project Implementation Units within each Ministry continued to be in place and engaged in Project

Implementation during the reporting period.

An end year SELAJSI Programme Board meeting was also held on 18 December 2014, where the 2015

Annual Work Plans for the SELAJSI Programme, including the INL contribution were approved by the

Board.

4. Any significant issues, problems or challenges (internal and external) encountered and

action taken or required.

4.1 Key issues, problems and challenges


Summarise key issues, problems or challenges that the project has encountered in the reporting quarter, ,

why these occurred , and what has been done, or needs to be done, to address such problems / issues.

Highlight the key management actions that need to be taken to help ensure project benefits are maximized

and sustained. Do you foresee any challenges in the next quarter?

Summarize any major evaluation or project steering committee/ tripartite meeting findings on the project

(from the reporting quarter) – if available, annex relevant minutes. Complete below table in solution-

oriented fashion, if applicable

Issue, problem or

challenge

Steps taken to resolve

issue

Status of issue (i.e.

resolved, unresolved)

Additional measures

to be taken if

unresolved Challenge of

conducting the

baseline/casefile study

on the challenges

within the penal chain

– Delay in securing the

necessary approvals

and the confidentiality

of the information on

the case status etc.

-The need to conduct

the assessment during

the period of Court

Vacation (i.e.

December)

Changes to the

Judiciary, Judicial

Services Commission

anticipated post the 8th

January 2015

Presidential Elections.

-Request for the required

approvals from key

institutions (for example the

Judicial Services

Commission- JSC) were

submitted in advance

cognizant of the delays in

securing the same.

-The University of Colombo

was contracted as the

institution tasked with

carrying out the case file study

in the field. Since the

University is bound by

procedural rules/regulations

familiar to the government, it

was expected to be an

advantage when requesting for

approval.

Unresolved (delayed)

Lack of approval from the JSC

to conduct the case file study-

the response from the JSC was

communicated to the Ministry

of Justice only in the second

week of January 2015 – after

the end of court vacation.

The Ministry intends to

request for clarification

on the reasons for JSC’s

disapproval to proceed

with the study, after

which a decision would

be taken on how to

proceed. If reasons are

provided, the Ministry

will alter its strategy so

long as it does not

compromise the objective

of the study and submit a

fresh request for approval.

If, post the January 2015

Presidential Elections

changes are made to the

existing membership of

the JSC, the concept

document and request for

approval will be shared

with the new commission.

The Project will explore

possibilities of conducting

the stakeholder interviews

both within the area

models and in Colombo

while continuing its

efforts to secure the

necessary approvals to

conduct the case file study

in the Courts.

With regards to the

activity on conducting

the programme aimed

at identifying priority

cases within the

Attorney General’s

Department, the Project

experienced delays in

conducting the

programme in light of

the retirement of the

former Attorney

General-AG (who had

A decision was taken during

the reporting period to focus

on prioritizing cases within

the criminal justice sector in

the Attorney General’s

Department. This necessitated

securing approvals from the

Head of the Criminal Division

of the Department who was

serving as a Judicial Officer in

Fiji. The programme that was

planned for 16th

September

2014 as a result had to be

Resolved

The Project in the interim

finalized the concept note and

circular to be sent to all

participating senior officials

and also identified the specific

areas of concern in relation to

determining the criteria for

identifying priority cases.

Discussions are also being

held with the relevant officials

in order to finalize the

dates/processes for conducting

Since approval has been

granted, the Project is

currently engaged in

finalizing the dates and

logistics for the

programme.


Issue, problem or

challenge


issue



Additional measures

to be taken if

unresolved been actively involved

in designing the

proposed programme)

on 16th

October 2014

and assumption of

office by the new AG.

postponed. Thereafter, the

subsequent appointment of the

new AG necessitated the

submission of fresh requests

for approval.

The relevant responses from

the AG were only submitted

to the Ministry of Justice

during the last week of

December 2014.

the programme.

The concept note along with a

request for approval was

submitted afresh to the newly

appointed AG. An update on

the progress and developments

thus far were also shared with

the AG in the hope that the

officials previously involved

in the planning of the activity

would be nominated once

more.

Area-model Case Flow

Management

Committees

Securing the necessary

approval from the

Judicial Services

Commission to engage

the Magistrates within

the area models.

Requests for approvals from

the JSC were submitted well

in advance cognizant of the

delays associated with

securing approvals. A concept

document summarizing the

proposed initiative was also

shared in the interest of

demonstrating its importance

in relation to strengthening

case flow management. One

to one discussions were also

held between the Secretary

Ministry of Justice and a)

Chief Justice and b) Secretary

of the Judicial Services

Commission to illustrate the

need to secure approvals.

Delayed

Lack of approval from the JSC

communicated to the Ministry

of Justice during the second

week of January. Therefore

the Batticaloa area-model case

flow management committee

meeting could not be held in

December as originally

envisaged.

Request for an

appointment with the

Secretary-JSC sought by

the Ministry of Justice.

Reasons for disapproval

to be requested with the

hope of exploring

alternate strategies for

securing approval.

Request to be submitted

by the thematic

committee on Case Flow

Management established

under the aegis of the

National Steering

Committee illustrating the

importance of the

initiative.

Delays anticipated in

securing approvals due

to the political,

institutional and

administrative changes

that are expected

to/that have/and

continue to take place

post the January 2015

Presidential Election.

- Changes to

the Judiciary

anticipated

- Priority

changes -

particularly

within the first

100 day

period as

elaborated in

the President’s

Election

manifesto.

Identifying activities and

interventions that can be

implemented without

requiring such approvals. (i.e.

focus on land mediation, legal

aid policy etc.)

Establishment of the

Research Unit


Issue, problem or

challenge


issue



Additional measures

to be taken if

unresolved Delays anticipated in

securing approvals for

cardre recruitment etc.

from the Department of

Management Services

of the Ministry of

Finance.

Political,

administrative and

institutional changes to

anticipated post the

January 2015

Presidential Elections.

4.2 Continued relevance or proposed course-corrections

The relevance and quality of the project design needs to be reviewed on an ongoing basis, given likely

changes in operating context, policies, partner needs, etc. Also – some (original) project documents may

need to be revised because they turn out to be of inadequate quality (e.g. vague or overambitious

objectives, outcomes, indicators, etc). This is a part of risk analysis and management.

If outcomes, outputs, activities or inputs need to be modified in light of any significant changes in the

operating environment or through lessons learned during implementation, these should be noted in this

section. Proposals for re-design should also be described, and if necessary a project revision document

prepared and submitted.

5. Workplan for next quarter

(1) What parts of the program do you expect to implement in the next quarter?

Outcome/Output

Result Area (US term) Relevant Outcome/ Output

Indicator(s)

Outcome Measurements (US

term)

Perceived Challenges for Next

Quarter?

Activity Result 1: Reduced criminal

justice delays through improved case

management and pretrial procedural

mechanisms between penal chain actors

in 1 “area model”(1.1)

Some delays are anticipated in

securing

approval/coordination/implementation

of overall activities due to the

political, institutional and

administrative changes that are

expected to/that have/and continue to

take place post the January 2015


Obtain clarity regarding the reasons for JSC

disapproval to proceed with select activities

and explore alternate strategies for securing

approval/moving forward with the activities.

Baseline assessment work to be taken forward

within in 1 area models

CFMC established in one area model

Workshop on the identification of priority

cases held and the criteria for priority cases

identified

Activity Result 2: Increased coordinated

legal aid service delivery for vulnerable

and marginalized populations, including


securing



through the establishment of referral

mechanisms at sub-national level (2.2)







Committee to develop the National Policy on

Legal Aid operational

Provision of legal aid for prisoners- Extension

of support beyond filing bail applications

Activity Result 3:Capacities of law

enforcement and judicial institutions

strengthened to efficiently handle SGBV

cases and ensure equal access to legal and

judicial protection for SGBV victims

(3.3)


securing








Advocate for Review of Policies / laws on

SGBV – Meetings on the implementation of

the anti-Sexual Harassment Policy at the

workplace. To be undertaken within the

Ministry by setting-up a committee to address

complaints, as well as setting up such

committees in the other ministries.

- discussions on the implementation of the

NAP on Women

- Continue discussions on the adoption of

shelter guidelines, amendments to Vagrants

Ordinance

Remaining two multi-sectoral symposiums to

be conducted in Anuradhapura and Ratnapura

districts on strengthening of the referral

system at divisional level between the Child

and Women Development Units and the Police

Women and Children’s Desks, other service

providers (legal aid, counselling).

.

Depending on a conducive political

atmosphere it is proposed that both

Symposiums will be held in the first

quarter, failing which in the second

quarter

Develop (Audio visual / print) & disseminate

materials related to combat violence against

women (on implementation of laws, review/

amendment of legislation and new laws - on

Rape/ Domestic Violence/ incest, shelter,

CEDAW, UNSCR 1325 etc.)

-Dissemination of the DVDs copied, resource

notebook, law directory.

-The Ministry to explore possibilities of

broadcasting the documentary which was an

NCW initiative and produced by Rupavahini.

Support collection of gender

disaggregated data on crime and identify

measures to address priority issues on

violence against women

- Discussions to be initiated to take

forward the GBV data collection

component of the e-women database

Activity Result 4:

Improved institutional capacities for

efficiency and effectiveness of the justice

sector at national level, including strategic


securing




planning and cross-sectoral management

skills for the formulation and

implementation of policies, laws and

plans (4.2)






Obtain clarity regarding the reasons for JSC

disapproval to proceed with select activities

and explore alternate strategies for securing

approval/moving forward with the activities.

Continue to conduct the training programme

on drafting in the English language for the

LDD.

Undertake required preparatory work and

conduct the pre-conference round table on

penal sanctions

Conduct preliminary discussions on the

establishment of the Research Unit at the

Ministry of Justice

Continuation of the thematic sub-committees Printing of the consolidated penal code and

criminal procedure code

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