Completion Report Pakistan: Access to Justice Program

Completion Report

Project Number: 32023 Loan Numbers: 1897/1898/1899 December 2009

Pakistan: Access to Justice Program

CURRENCY EQUIVALENTS

Currency Unit – Pakistan rupee/s (PRe/PRs)

At Appraisal At Program Completion

PRe1.00 = $0.19 $0.01 $1.00 = PRs51.99 PRs82.11

ABBREVIATIONS

ADB – Asian Development Bank ADR – alternative dispute resolution ADF – Asian Development Fund AJDF – Access to Justice Development Fund AJP – Access to Justice Program CJCC – Criminal Justice Coordination Committee CPLC – Citizen-Police Liaison Committee EPA – Environmental Protection Agency FJA – Federal Judicial Academy LJC – Law and Justice Commission of Pakistan MOL – Ministry of Law, Justice, Human Rights and Parliamentary Affairs NJPMC – National Judicial Policy Making Committee NPB – National Police Bureau NPMB – National Police Management Board NSC – national steering committee NWFP – North West Frontier Province OCR – ordinary capital resources PMU – program management unit PPRCC – Provincial Program Review and Coordination Committee PSC – Public Safety Commission PSPCC – Public Safety and Police Complaints Commission TA – technical assistance

NOTES

(i) The fiscal year (FY) of the government ends on 30 June. (ii) In this report, "$" refers to US dollars.

Vice President X. Zhao, Operations 1 Director General J. Miranda, Central and West Asia Department (CWRD) Director R. Subramaniam, Financial Sector, Public Management and Trade Division, CWRD

Team leader D. Kertzman, Principal Financial Sector Specialist, CWRD Team member F. Teves, Assistant Project Analyst, CWRD

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

CONTENTS

Page BASIC DATA i I. PROGRAM DESCRIPTION 1 II. EVALUATION OF DESIGN AND IMPLEMENTATION 2 A. Relevance of Design and Formulation 2 B. Program Outputs 5 C. Program and Project Costs 12 D. Program and Project Schedule and Disbursement 12 E. Implementation Arrangements 12 F. Conditions and Covenants 13 G. Related Technical Assistance 13 H. Consultant Recruitment and Procurement 14 I. Performance of Consultants 14 J. Performance of the Borrower and the Executing Agency 14 K. Performance of the Asian Development Bank 14 III. EVALUATION OF PERFORMANCE 15 A. Relevance 15 B. Effectiveness in Achieving Outcome 15 C. Efficiency in Achieving Outcome 16 D. Preliminary Assessment of Sustainability 16 E. Institutional Development 17 F. Impact 17 IV. OVERALL ASSESSMENT AND RECOMMENDATIONS 17 A. Overall Assessment 17 B. Lessons 18 C. Recommendations 19

APPENDIXES 1. Justice Sector Indicators (Before and After Access to Justice Program) 21 2. Flow of Funds and Implementation Status of Infrastructure and Capacity Development Projects Financed under the Access to Justice Program 25 3. List of Technical Assistance Grants Supporting the Access to Justice Program and Related Completion Reports 31 4. Allocation and Disbursement of Access to Justice Development Fund 41 5. List of Contracts Awarded under the Access to Justice Program 42 6. Status of Policy Reforms under the Access to Justice Program 48 7. Evaluation under Program Framework 71 8. Assessment of Access to Justice Program Performance 74 9. Status of Compliance with Loan Covenants 77

BASIC DATA

A. Loan Identification 1. Country Pakistan

2. Loan Numbers 1897, 1898, 1899

3. Program Titles Loans 1897, 1898 Access to Justice Program Loan 1899 Institutional Development for Access to Justice Program

4. Borrower Islamic Republic of Pakistan

5. Executing Agency Ministry of Law, Justice, Human Rights and Parliamentary Affairs 6. Amount of Loan Loan 1897 ¥29.7 billion ($243.2 million) from ADB’s ordinary capital resources

Loan 1898 SDR67.9 million ($86.8 million) from ADB’s Special Funds resources

Loan 1899 SDR15,648,000 ($20.0 million) from ADB’s Special Funds resources

7. Program Completion Report Number 1156

B. Loan Data 1. Appraisal – Date Started 20 August 2001 – Date Completed 12 September 2001

2. Loan Negotiations – Date Started 9 November 2001 – Date Completed 11 November 2001

3. Date of Board Approval 20 December 2001

4. Date of Loan Agreement 21 December 2001

5. Date of Loan Effectiveness Loans 1897, 1898 – In Loan Agreement 21 March 2002 – Actual 21 December 2001 – Number of Extensions 0

Loan 1899 – In Loan Agreement 21 March 2002 – Actual 24 December 2001 – Number of Extensions 0

6. Closing Date Loans 1897, 1898 – In Loan Agreement 31 December 2005 – Actual 2 July 2009 – Number of Extensions 2

Loan 1899 – In Loan Agreement 30 June 2006 – Actual 2 July 2009 – Number of Extensions 1

7. Terms of Loans Loan 1897 – Interest Rate Asian Development Bank London interbank offered rate (LIBOR)-based lending facility – Maturity (years) 15 – Grace Period (years) 3

Loan 1898 – Interest Rate 1% per year during grace period and 1.5% per year thereafter – Maturity (years) 24 – Grace Period (years) 8

Loan 1899 – Interest Rate 1% per year during grace period and 1.5% per year thereafter – Maturity (years) 32 – Grace Period (years) 8

8. Disbursements a. Dates Initial Disbursement Final Disbursement Time Interval

24 December 2001 28 August 2007 68 months Loan 1897 27 December 2001 22 December 2004 27 months Loan 1898 17 June 2003 2 July 2009 72 months Loan 1899

Effective Date Original Closing Date Time Interval

Loans 1897, 1898 24 December 2001 30 June 2005 53 months

Loan 1899 24 December 2001 30 June 2006 54 months

iii

b. Amount Last Original Revised Amount Net Amount Amount Undisbursed Category Allocation Allocation Canceled Available Disbursed Balance Loan 1897 (¥) Access to Justice 29,388,150,000 0 0 29,388,150,000 29,388,150,000 0 Program Front-end fee 296,850,000 0 0 296,850,000 296,850,000 0 Total 29,685,000,000 0 0 29,685,000,000 29,685,000,000 0 Loan 1898 (SDR) Access to Justice 67,914,000 0 0 67,914,000 67,914,000 0 Program Total 67,914,000 0 0 67,914,000 67,914,000 0 Loan 1899 (SDR) Consulting services 7,042,000 0 0 7,042,000 1,002,140 6,039,860 Training and 1,565,000 0 0 1,565,000 360,082 1,204,918 workshops Public awareness 1,565,000 0 0 1,565,000 178,079 1,386,921 campaign Equipment and 3,129,000 0 0 3,129,000 614,670 2,514,330 materials Interest charge 391,000 0 0 391,000 32,435 358,565 Unallocated 1,956,000 0 0 1,956,000 0 1,956,000 Total 15,648,000 0 0 15,648,000 2,187,409 13,280,594

9. Local Costs (Financed), Loan 1899 - Amount $2,097,926 - Percent of Local Costs 14.45% - Percent of Total Cost 63.33%

C. Program and Project Data

1. Program and Project Costs ($) Cost Appraisal Estimate Actual

Loan 1897 Foreign exchange cost 243,200,000 257,764,252.03 Local currency cost 0 0 Total 243,200,000 257,764,252.03 Loan 1898 Foreign exchange cost 86,800,000 92,709,295.60 Local currency cost 0 0 Total 86,800,000 92,709,295.60 Loan 1899 Foreign exchange cost 8,000,000 1,214,576 Local currency cost 12,000,000 2,097,926 Total 20,000,000 3,312,502

2. Financing Plan

Cost Appraisal Estimate Actual Loan 1897 (¥) First tranche release 7,714,192,000 7,714,192,000 Incentive tranche release 3,051,500,000 3,051,500,000 Second tranche release 9,154,500,000 9,154,500,000 Third tranche release 9,764,808,000 9,467,958,000 Total 29,685,000,000 29,388,150,000

Loan 1898 (SDR) First tranche release 28,793,000 28,793,000 Incentive tranche release 19,561,000 19,561,000 Second tranche release 19,560,000 19,560,000 Total 67,914,000 67,914,000

Loan 1899 (SDR) Implementation Costs ADB financed 15,648 2,187,409 Total 15,648 2,187,409 Interest Charges ADB financed 391,000 32,435 Total 391,000 32,435 ADB = Asian Development Bank, IDC = interest during construction.

3. Cost Breakdown by Program and Project Components Component Appraisal Estimate Actual Loan 1897 (¥) Access to Justice Program 29,388,150,000 29,388,150,000 Front-end fee 296,850,000 296,850,000 Total 29,685,000,000 29,685,000,000

Loan 1898 (SDR) Access to Justice Program 67,914,000 67,914,000 Total 67,914,000 67,914,000

Loan 1899 (SDR) Consulting services 7,042,000 1,002,140 Training and workshops 1,565,000 360,082 Public awareness campaign 1,565,000 178,079 Equipment 3,129,000 614,670 Interest charge 391,000 32,435 Unallocated 1,956,000 0 Total 15,648,000 2,187,409

4. Program and Project Schedules Item Appraisal Estimate Actual Loan 1897 (¥) First tranche release Upon loan effectiveness 27 December 2001 Incentive tranche release by 30 June 2002 20 November 2002 Second tranche release by 30 June 2003 22 December 2004 Third tranche release by 31 December 2004 28 August 2007 Loan 1898 (SDR) First tranche release Upon loan effectiveness 27 December 2001 Incentive tranche release by 30 June 2002 20 November 2002 Second tranche release by 30 June 2003 22 December 2004 Item Appraisal Estimatea Actual Start Completion Start Completion Loan 1899 (SDR) Date of contract with consultants 3 August 2004 22 May 2009 Training and workshops 3 August 2004 2 September 2005 Public awareness campaign 3 August 2004 2 September 2005 Equipment and materials 14 August 2003 30 April 2009 a The report and recommendation of the President does not have a procurement plan.

5. Program Performance Report Ratings Ratings Development Implementation Implementation Period Objectives Progress Loan 1897 From 31 December 2001 to 30 December 2002 Satisfactory Satisfactory From 31 December 2002 to 30 December 2003 Satisfactory Satisfactory From 31 December 2003 to 31 October 2004 Satisfactory Satisfactory From 1 November 2004 to 30 November 2004 Satisfactory Partly Satisfactory From 1 December 2004 to 30 April 2006 Satisfactory Satisfactory From 1 May 2006 to 31 July 2006 Satisfactory Partly Satisfactory From 1 August 2006 to 31 August 2007 Satisfactory Satisfactory Loan 1898 From 31 December 2001 to 30 December 2002 Satisfactory Satisfactory From 31 December 2002 to 30 December 2003 Satisfactory Satisfactory From 31 December 2003 to 31 October 2004 Satisfactory Satisfactory From 1 November 2004 to 30 November 2004 Satisfactory Partly Satisfactory From 1 December 2004 to 30 December 2005 Satisfactory Satisfactory From 31 December 2005 to 30 April 2006 Satisfactory Satisfactory From 1 May 2006 to 31 July 2006 Satisfactory Partly Satisfactory From 1 August 2006 to 31 August 2007 Satisfactory Satisfactory Loan 1899 From 31 December 2001 to 31 December 2002 Satisfactory Satisfactory From 1 January 2003 to 30 April 2003 Satisfactory Satisfactory From 1 May 2003 to 31 May 2003 Partly Satisfactory Satisfactory From 1 June 2003 to 31 August 2003 Satisfactory Satisfactory From 1 September 2003 to 31 October 2003 Satisfactory Partly Satisfactory From 1 November 2003 to 31 October 2004 Satisfactory Satisfactory From 1 November 2004 to 31 October 2005 Satisfactory Satisfactory From 1 November 2005 to 31 October 2007 Satisfactory Satisfactory From 1 November 2007 to 31 October 2008 Satisfactory Satisfactory From 1 November 2008 to 28 February 2009 Satisfactory Satisfactory

D. Data on Asian Development Bank Missions No. of No. of Person- Specialization Name of Mission Date Persons Days of Membersa Loan fact-finding 20 Jun to 11 Jul 2001 4 69 a, b, c d Loan appraisal 20 Aug to 12 Sep 2001 5 103 a, b, c, d, e Loan negotiations 9–11 Nov 2001 7 21 a, b, d, m, n, o Inception mission 18 Jan to 10 Feb 2002 Consultation mission 1 b May 2002 Consultation mission 2 b Jun 2002 Consultation mission 3 b Aug 2002 Incentive tranche mission c 11–16 Sep 2002 3 18 b, k, m Loan review mission 1c 6–19 Feb 2003 3 42 b, k Loan review mission 2b 6-16 Mar 2004 Loan review mission 3 30–31 Dec 2004 1 2 f Loan review mission 4 2 Nov 2005 1 1 f Loan review mission 5 14 Jul to 1 Aug 2006 8 16 f, i Loan review mission 6 2–3 Oct 2006 2 4 f, g Loan review mission 7 1 Jul 2007 1 1 f Loan review mission 8 28 Nov 2007 1 1 h Loan review mission 9 25–27 Nov 2008 2 6 g, h Annual performance review 1 6–19 Feb 2003 3 42 b, f, k, Annual performance review 2 11 Dec 2005 to 31 Jan 2006 2 10 f, i Annual performance review 3b 28 March to 26 April 2007 Program completion review 1c 26 May to 4 June 2009 2 20 g, j, l Program completion review 2c 24–28 August 2009 4 25 g, j, l a a = senior counsel and co-mission leader, b = senior governance specialist, c = intern, d = senior programs officer and co-mission leader, e = manager, f = project officer (governance), g = consultant, h = assistant programs analyst, i = head, governance unit, j = assistant project analyst, k = assistant general counsel, l = principal financial specialist, m = programs manager, n = counsel, o = control officer b Mission details not available. c The Pakistan Resident Mission provided support to the missions in the field.

I. PROGRAM DESCRIPTION

1. On 20 December 2001, the Asian Development Bank (ADB) approved the Access to Justice Program (AJP) for Pakistan. 1 The AJP included two policy loans—one from ADB's ordinary capital resources (OCR) for the equivalent of $243.2 million and one from the Asian Development Fund (ADF) for the equivalent of $86.8 million, a technical assistance (TA) loan for the equivalent of $20 million from the ADF for Institutional Development for Access to Justice, and a TA grant of $900,000.2 The long-term objective of the AJP was to reduce poverty and promote good governance through improvements in the rule of law. The AJP outcome is improved access to justice, in order to (i) provide security and ensure equal protection under the law to all citizens, particularly the poor; (ii) secure and sustain entitlements, and reduce the poor's vulnerability; (iii) strengthen the legitimacy of state institutions; and (iv) create conditions conducive to pro-poor growth.3

2. The two policy loans included six judicial outcomes: (i) better policy making, (ii) stronger judicial independence, (iii) greater efficiency, (iv) legal empowerment of the poor and vulnerable, (v) better judicial governance, and (vi) human resource development. It also contained six police reform outcomes: (i) insulation of police from interference, (ii) improved capacity, (iii) establishment of an independent prosecution service, (iv) greater police accountability and transparency, (v) better liaison between the police and citizens, and (vi) public awareness and protection of rights. Outcomes were to be achieved through 64 policy actions implemented at the federal and provincial level.4 These actions were organized under five outputs: (i) provide a legal basis for judicial,5 policy, and administrative reforms; (ii) improve the efficiency, timeliness, and effectiveness in judicial and police services; (iii) provide greater equity and accessibility in justice services for the poor; (iv) improve predictability and consistency between fiscal and human resource allocation, and the mandates of reformed judicial and police institutions; and (v) ensure greater transparency and accountability in the performance of justice sector agencies. This program completion report (PCR) provides an overview and a preliminary evaluation of the AJP.

1 ADB. 2001. Report and Recommendation of the President to the Board of Directors: Proposed Loans and Technical Assistance Grant to the Islamic Republic of Pakistan for the Access to Justice Program. Manila. 2 Subsequently, the TA grant amount was increased to $1.34 million and additional TA for police reforms in the Punjab was provided: ADB. 2004. Technical Assistance to the Islamic Republic of Pakistan for Implementing Public Safety Reforms in Four Districts of the Province of Punjab. Manila (TA 4537-PAK, for $0.95 million, approved on 23 December); and ADB. 2007. Technical Assistance to the Islamic Republic of Pakistan for Support to Governance Reforms in Pakistan. Manila (as a sub-project under TA 4922-PAK, for $11.5 million, approved on 4 September). Note: The AJP was preceded by several ADB TAs. ADB. 1997. Technical Assistance to the Islamic Republic of Pakistan for Strengthening Government Legal Services and Subordinate Judiciary. Manila (TA 2979- PAK, for $150,000, approved on 31 December); ADB. 1998. Technical Assistance to the Islamic Republic of Pakistan for Legal and Judicial Reform Project. Manila (TA 3015-PAK, for $995,000, approved on 7 May); ADB. 2000. Technical Assistance to the Islamic Republic of Pakistan for Strengthening Institutional Capacity for Judicial and Legal Reform. Manila (TA 3433-PAK, for $2.9 million, approved on 7 December); ADB. 2001. Technical Assistance to the Islamic Republic of Pakistan for Supporting Access to Justice under the Local Government Plan. Manila (TA 3640-PAK for $150,000, approved on 19 March). 3 Government of Pakistan, Planning Commission. 2001. Three Year Poverty Reduction Program, 2001–2004. Islamabad. 4 In effect, the program had more than 250 policy actions, based on implementation at the provincial levels. 5 The term "judicial" includes institutions responsible for delivery of administrative justice.

II. EVALUATION OF DESIGN AND IMPLEMENTATION

A. Relevance of Design and Formulation

3. The AJP's design and formulation were and remain relevant. The program design was well-grounded in the broader political economy context pertaining to the law and justice sector. Its formulation aimed at addressing the challenges as well as opportunities arising from decades of successful and failed reforms efforts. Access to justice has been on the agenda of public policy in Pakistan for many years. Despite sporadic attempts by successive governments, equitable and easy access to justice, including legal empowerment, for the poor and the disadvantaged has been elusive. The performance of nearly all justice sector institutions has contributed to disaffection of citizens in the country. The development of Pakistan’s legal framework since independence in 1947 became a mixture of history, international experience, expediency, and society’s aspirations. The land administration laws were based on the age old patwari system perfected in the 14th century, whereas the criminal law was codified by the British in the 19th century. Islamic Fiqh had been instrumental in defining family laws and some parts of the criminal law. The civil law was recodified early in the 20th century. The basic law, as a strong foundation for the legal and political system, was twice suspended and temporarily replaced by provisional constitutions penned by military governments in 1977 and 1999, under the doctrine of necessity. In 2000, the Supreme Court again validated the fourth military intervention, allowing a Legal Framework Order to serve as the basic law of the land. The four military interventions took a toll on judicial independence. Superior courts were purged of independent judges in 1980 and 2000 under provisional constitution orders of military governments. The new courts, created after the purges, were seen as acquiescing in the executive’s transgressions.

4. Prior to 2000, eight judicial commissions had recommended changes to substantive and procedural law.6 However, these recommendations were only partially implemented, as law and justice reform never formed part of any major policy agenda. Generally, procedural laws created largely in the nineteenth century, with periodic revisions under the British colonial rule, came under focus. The codification in English brought many advantages, including systematization and standardization. But it also removed the word of law a few steps from the vernacular speaking millions. Organizational weaknesses of courts, process serving agencies, police, prosecution, and executive magistracy contributed to mounting difficulties for litigants.

5. By the end of the 1990s, about 36% of Pakistan’s population was living below poverty line.7 Although the incidence of poverty was high, turnover among the poor was also rapid. A large proportion of the poor were dependent on informal sector wage labor. While relatively egalitarian in terms of “income poverty,” the capacity of the poor to access public entitlements— like political processes or goods and services that determine human development—contrasted strikingly with that of the rich. Most key indicators, like infant mortality, fertility, population growth, literacy rates and primary school enrollment remained low compared with the average for low- income countries, and most indicators were markedly worse for women and girls. Finally, and

6 The eight law reform commissions were the: (i) Law Reform Commission of 1958, (ii) Law Reform Commission of (1967-1970), (iii) "High-Powered" Law Reforms Committee of 1974 (otherwise known as the Hamood-ur-Rahman Commission), (iv) Law Reforms Committee for Recommending Measures for Speedy Disposal of Civil Litigation of 1978, (v) Secretaries' Committee of 1979, (xi) Salahuddin Ahmed Committee of 1980, (xii) The Committee on the Islamization of Laws and Establishment of Qazi Courts of 1980, and (xiii) Commission on the Reform of Civil Law of 1993. 7 Human Development in South Asia 1999: The Crisis of Governance, Oxford University Press, p.112 3 not least important, the poor equated poverty with increasing insecurity and vulnerability arising from sectarian violence, communal clashes, and declining law and order.8

6. By the late 1990s, the capacity of the judiciary to deliver justice had been overwhelmed by the work load. In 1998, there was one judge to 106,000 citizens in the Punjab, in the North West Frontier Province (NWFP) it was 1:93,000, while in both Sindh and Balochistan it was 1:73,000.9 Various assessments recorded frivolous litigation accounted for between 25% and a staggering 50% of all cases. Cases took a long time to be disposed due to factors in judiciary, legal fraternity, prosecution, litigants, and flawed laws. By 2000, over 1 million cases were pending in the court system. 10 Procedural delays were recognized at the highest levels of government as the bane of the judicial system. Judicial administration suffered from a lack of transparency, accountability, poor case management, ineffective delay reduction, manual rather than automated systems, limited court information systems, poor human resource management, and crumbling and inadequate infrastructure.11 Years of chronic under financing compounded these problems, contributing to their progressive downslide.12

7. Dissatisfaction with the performance of the judiciary has been repeatedly and continually aired in the media and through national surveys. Corruption in lower courts was a major contributor to Pakistan’s low rating on the Corruption Perception Index. 13 Over 38 million citizens trapped in poverty found their problems compounded by the difficulty to access justice and resorted to parallel alternative dispute resolution systems with little predictability. The nominal justice gap14, with rising crime rate in the country, stood at a high 90%.15 The Human Rights Commission of Pakistan found that crimes relating to women had a worse situation when victims could not get access to police or justice.16 In addition to economic deprivation and social exclusion, denial of justice was also noted as a major factor contributing to suicide, 17 an indicator of systemic weakness.

8. Against this political economy context, ADB entered the law and justice sector in Pakistan in 1997 with a small-scale TA project, 18 in response to a request from the then Government through the Minister of Law, Justice, Human Rights and Parliamentary Affairs. Six months later by a larger advisory TA project was approved. 19 Law and justice reform was consistent with ADB’s recognition that a pro-poor legal and institutional framework for economic development would improve predictability, transparency, accountability, and participation in the DMCs, and ADB’s support and lending operations.20 ADB was not alone in its view that a solid foundation of the rule of law, supported by legal reform, was a necessary condition for poverty

8 See also Government of Pakistan. 2002. Between Hope and Despair, National Report, Pakistan Participatory Poverty Assessment. Planning Commission. Islamabad. 9 Report of TA 3105 PAK: Legal and Judicial Reform. 10 ADB. 2006. AJP Annual Performance Report. Islamabad. 11 See the findings of studies conducted under TA 3015 in preparation for AJP. 12 Studies under TA 3105 documented the chronic under-financing of the justice sector. 13 CPI 2001 gave a score of 2.3 to Pakistan and ranked it at number 79. Transparency International Pakistan. 2002. Nature and Extent of Corruption in Pakistan. Available at www.transparency.org.pk 14 Defined as the ratio of convictions to reported crimes. 15 Quoted from meeting with Home Secretary, Government of Punjab. 16 Available: www.onlinewomenpolitics.org 17 Khan, M. S. 2005 The Denial of Justice—the Cost. unpublished paper. 18 ADB. 1997. Technical Assistance to the Islamic Republic of Pakistan for Strengthening Government Legal Services and Subordinate Judiciary, Manila (TA 2979-PAK, for $150,000, approved on 31 December). 19 ADB. 1998. Technical Assistance to the Government of Pakistan Legal and Judicial Reform Project. Manila (TA 3015-PAK, for $995,000, approved 7 May). 20 ADB. 2000. Law and Policy Reform at the Asian Development Bank. Manila.

reduction and equitable economic development.21 When the military government announced in 1999 that access to justice and decentralization were two of its seven policy priorities, a window of opportunity opened for ADB to build on results of its earlier TA project and develop a comprehensive law and justice reform program. To support the design and implementation of a proposed program loan, another advisory TA project was approved in late 2000, providing specialists to the Government.22

9. The AJP built upon earlier government initiatives to improve the administration of justice, and reflected the government's strong commitment to strengthen the rule of law and reform justice sector institutions to improve governance in Pakistan. While these have resulted in some improvements, a number of factors, including absence of sustained political will, political and economic instability, vested interests, and ineffective sequencing, undermined earlier initiatives. The AJP attempted to address these constraints.23 It was consistent with the government's Three Year Poverty Reduction Program (2001), local government plan (2001), and ADB's governance support strategy for Pakistan. The AJP was one of two ADB programs supporting Pakistan's governance reforms—the core of ADB's country strategy and program for Pakistan.24 The design of the AJP reflected a comprehensive approach to reform based on concerns that piecemeal attempts in this sector were unlikely to succeed. While judicial reforms were based on diagnostic studies prepared under ADB advisory TA projects (footnotes 1 and 2; Appendix 3), police reforms were largely designed by the government.

10. Because of the significant time needed to implement institutional reforms effectively in the justice sector, the AJP was viewed as the first phase of ADB's long-term financial assistance and reflected a building block approach to reforms: (i) the AJP promoted outcomes based on the government's policy commitments, and focused on enabling legal and regulatory arrangements; (ii) where such commitments and arrangements had been secured, the AJP supported the establishment of corresponding institutional arrangements; and (iii) where these institutional arrangements had not yet become fully functional, the AJP helped in meeting the costs of adjustment.

11. The AJP included some innovative design features. To develop stronger ownership of the reforms, proceeds from the AJP policy loans were earmarked to increase budgetary allocations to key implementing agencies. Under agreements between the federal and provincial governments, 60% of counterpart funds generated from policy loan proceeds were to be used for capital works to improve judicial and police facilities. The government agreed to monitor the use of these funds regularly and conduct a performance audit during AJP implementation. An additional $25 million of counterpart funds generated from policy loan proceeds were used as an endowment for the Access to Justice Development Fund (AJDF), an extra-budgetary facility. With an expected annual income of about $1 million, the AJDF was intended to provide a sustainable source of funding for subordinate courts, educational and research institutions, bar

21 Van Puymbroeck, R. V. (ed.) 2003. The World Bank Legal Review: Law and Justice for Development Volume 1. Kluwer Law International. World Bank. Washington D.C. 22 ADB. 2000. Technical Assistance to the Government of Pakistan for Strengthening of Institutional Capacity for Judicial and Legal Reform. Manila. (TA 3433-PAK, for $2.9 million, approved on 07 December). 23 The previous government identified judicial reform as part of its 2020 vision, and the new military government included "delivery of justice at the doorstep" in its seven-point reform agenda. 24 The other core governance program was the Decentralization Support Program. ADB. 2002. Report and Recommendation of the President to the Board of Directors: Proposed Program and Technical Assistance Loans to the Islamic Republic of Pakistan for the Decentralization Support Program. Manila (Loans 1935/1936-PAK). This program became effective in 2002, after AJP approval. 5 associations, and Federal Judicial Academy (FJA). The TA loan and grant funds were to be used to develop capacity to implement AJP reforms.

B. Program Outputs

1. Judicial Reforms

12. Improving policy making. Good progress was made in improving the framework for policy making for a more efficient and citizen-oriented judicial and legal sector that promotes access to justice. 25 Amendments to the Law Commission Ordinance, 1979 expanded the composition and the mandate of the Law and Justice Commission of Pakistan (LJC).26 The LJC now includes representatives from the judiciary27 and other key stakeholders. Their expanded mandate includes strengthening the administration of justice by (i) recommending improvements to legal education standards; (ii) administering and managing the ADJF; (iii) preparing schemes for access to justice, legal aid, and protection of human rights; (iv) developing and augmenting human resources for court administration and case management; and (v) coordinating interaction between the judiciary and the executive. The National Judicial Policy Making Committee (NJPMC) was established to promote uniform judicial policy and provide leadership in the sector in coordination with the LJC. The NJPMC includes the chief justice of Pakistan, chief justice of the Federal Sharia Court, and the four High Court justices. 28 The NJPMC institutionalized the former Chief Justices Committee, which had no legal status or mandate. Recently, the NJPMC adopted a National Judicial Policy (2009), which focuses on promoting judicial independence, addressing judicial misconduct, eradicating judicial corruption, and expeditiously disposing of cases.

13. Strengthening judicial independence. Good progress was made in strengthening judicial independence by separating the judiciary from the executive, and by ensuring that mandates of the judiciary are adequately funded. The AJP helped improve judicial autonomy by ensuring that only the judiciary will try crimes. Adjudicatory powers of executive magistrates were transferred to the judiciary under the Local Governance Ordinance, 2001. Executive magistrates subsequently joined the judiciary or were reassigned to other executive posts.

14. A framework to improve judicial capacity to prepare and negotiate budgets with the Department of Finance was institutionalized, and judicial resources were increased. The judiciary was included in the medium-term budget framework for the federal and provincial governments and received related training to enable it to prepare and implement medium term budgets. Budgetary allocations were increased in real terms and as a percentage of federal and provincial budgets. At the federal level, the budget of the federal Supreme Court and subordinate courts more than doubled from PRs466 million at the start of AJP implementation in 2001 to PRs925 million in 2008. Provincial budgets increased on average by 18.12%. Allocations for the district judiciary increased as a percentage of the total allocation to the sector in all provinces except Balochistan. This reversed the long-term trend of underfunding to the

25 Pakistan follows a system of jurisprudence based on English common law. 26 Law Commission (Amendment) Ordinance 2002. 27 The Pakistan judiciary refers to the system of dispute resolution implemented in the four provinces of Pakistan. 28 See Law and Justice Commission of Pakistan. 2006. Annual Report 2006. Islamabad. See also recent National Judicial Policy pronouncements. Secretariat, Law & Justice Commission of Pakistan. National Judicial (Policy Making) Committee. 2009. National Judicial Policy 2009 Report. Islamabad. http://www.ljcp.gov.pk.

sector and smaller allocations to the lower judiciary.29 The superior courts also obtained fiscal autonomy to make reallocations within the budget.

15. The AJP led to better court facilities, helping to end a trend of little or no capital investment in such facilities from the time of Pakistan's independence. National standards for buildings and equipment were adopted to clarify funding needs, and the judiciary assumed responsibility over its buildings. The AJP funded the construction of new court houses, additional court rooms, judges' chambers and residences, bakhshi khanas (temporary jails in the courts) facilities for prisoners on trial, and litigant sheds. This construction changed the court premises landscape in many cities and towns across the country. At the time of this PCR, as many as 501 infrastructure projects had been completed and construction work on 58 more was continuing30 (Appendix 2).

16. The AJDF was established to provide supplementary financing to the sector through seven funding windows (provincial development fund, legal empowerment fund, legal education fund, legal and judicial research fund, federal judicial academy fund, fund for underdeveloped regions, and fund management). The LJC manages the AJDF. Under the AJDF rules, LJC invested the AJDF endowment in Pakistan investment bonds, which have earned PRs527.0 million ($6.4 million) to date. From this income, PRs229.6 million ($2.8 million) has been disbursed through the provincial judicial development fund, legal empowerment fund, and fund management windows to support automation, infrastructure, information kiosks, and litigant amenities at the subordinate courts. Because of the LJC's limited capacity, other AJDF windows have not been opened (Appendix 4).

17. Ensuring expeditious and inexpensive justice. The AJP helped to improve court efficiency through case flow management reforms.31 Before the AJP, civil cases could take up to 15 years to resolve.32 In some districts, the average length of civil cases has been shortened to 3 years.33 From 2005 to 2008, the Supreme Court cut its backlog from about 80,000 cases to 19,055 cases.34 The average length of cases in other courts has also been reduced.35 An independent study conducted in 2004 confirmed the increase in judicial efficiency. This study noted that judges disposed of 25% more cases after the case management reforms, which had a positive effect on entrepreneurship. The study concluded that if the reforms were scaled up,

29 However, expenditures for non-salary items decreased and budgetary allocations as a percentage of total revenue expenses are still quite low. For example, for fiscal year 2008, the Supreme Court (SC) received .00765% of the budget; the Lahore High Court .86%, the High Court of Sindh 0.68%; Peshawar High Court 0.17%, and the High Court of Balochistan 0.36%. See National Judicial Policy 2009 Report. 30 Law, Justice and Human Rights Division, web site. Access to Justice Program. 31 With support under ADB TA 3433 (see footnote 2), the judiciary piloted delay reduction and case backlog reforms in 10 courts in Karachi, Lahore and Peshawar. Pilot courts were chosen where delay was substantial and chronic. The 10 subordinate court judges who participated were chosen based on their standing in the legal community, willingness to participate, level of judicial experience, and leadership that their superiors would provide to them during the project. The judges visited Singapore's "state of the art" subordinate courts and also received training at the FJA on case management techniques. A bench and bar liaison committee was established in each pilot court to develop and monitor operations, and to organize regular meetings and workshops to enable pilot court judges and lawyers to share their experience. 32 Armytage, L. 2003. Pakistan's Law and Justice Sector Reform Experience–Some Lessons. 13th Commonwealth Law Conference. Melbourne. 14 April. 33 See Government of Pakistan, Ministry of Law. 2005. AJP Brief. Islamabad, July, pp. 4-19. 34 See National Judicial Policy 2009 Report, and Chemin, M. 2008. The Impact of the Judiciary on Entrepreneurship: Evaluation of Pakistan's Access to Justice Programme. Journal of Public Economics. doi:10.1016/j.jpubeco.2008.05 35 The number of pending criminal cases decreased from 5,691 in 2002 to 3,543 in 2004 in Balochistan and from 3,332 in 2002 to 2,001 in 2004 in Quetta. See Challenges in Implementing Access to Justice Reforms. 2005. Report from ADB Symposium for Law and Policy Reform at the ADB. 26-28 January. See also Appendix 1. 7 this would increase the entry rate for entrepreneurs36 in Pakistan from 2.3% to 3.6%, which translates into an increase in gross domestic product of 0.5%. As reflected in the National Judicial Policy 2009, which includes time limitations for processing cases through the courts, the judiciary remains committed to these reforms.

18. The AJP included legislative reforms to improve court efficiency. First, a federal ordinance to establish courts for small causes (claims up to PRs100,000) and minor criminal offenses (punishment less than 3 years) was adopted to expedite the resolution of these cases and free up court time.37 Legislative changes made it easier for citizens to register habeas corpus cases against unlawful detention with district and sessions court judges. Previously citizens had to file these cases in High Courts in provincial capitals or major cities. Second, to improve the framework for administrative justice, legislative amendments were enacted to provide security of tenure to ombudsmen. 38 Third, the Code of Civil Procedure, 1908 was amended to provide for court-annexed mediation and a draft arbitration bill was prepared with the help of an AJP TA loan consultant.39 However, the impact of these reforms is not clear. For example, the courts for small causes and minor criminal offenses have not yet been established, and few cases appear to have been filed under the new law. The lower courts and the bar continue to resist alternative dispute resolution.40 Reforms to institutionalize a framework for mediation of petty local disputes through Musalihat Anjuman (Reconciliation Councils) have not been not successful.41 Few Musalihat Anjuman have been established and most are not functional because of the lack of incentives for local governments to establish them, lack of awareness regarding their mandate, limited capacity among conciliators, and negative experience with traditional jirgas (a tribal assembly of elders).42

19. Legally empowering the poor and vulnerable. The AJP strengthened the legal framework to enable citizens to hold government officials accountable. A new Freedom of Information Ordinance, 2002 was enacted to enable greater access to government information. The ordinance has a large number of exemptions and applies only to the federal government;43

36 Entry rate, a key indicator of entrepreneurship, is defined as new firms (those that were registered in the current year) as a percentage of lagged total registered firms. See Viewpoint. 2007, note number 316. http://rru.worldbank.org/PublicPolicyJournal. See also http://rru.worldbank.org/documents/publicpolicyjournal/ 316Klapper_Delgado.pdf 37 This new law supersedes the Small Causes Act (1887), which established Small Causes Courts with jurisdiction of claims up to PRs25,000. 38 Resolution of complaints through the Ombudsman is free. If a government agency has done something wrong, a simple application starts the grievance redress process. See Decentralization Support Program, National Program Support office. Policy Dialogue Outcome Report. Access to Justice: Musalihat Anjuman & District Ombudsman Office (2008). 39 During AJP implementation, the Karachi Center for Dispute Resolution (KCDR) was established with assistance of the International Finance Corporation. KCDR offers mediation to litigants whose commercial cases are either pending before the court or who have not yet filed a case in court. 40 National Judicial Policy 2009 confirms the judiciary's commitment to alternative dispute resolution to help address the backlog and delays in cases. 41 Musalihat Anjumans are intended to provide citizens with quick and inexpensive justice through negotiated settlements for a broad range of criminal and civil disputes. They consist of a panel of eminent persons. See Access to Justice: Musalihat Anjuman & District Ombudsman Office 2008. Decentralization Support Program. National Program Support Office. Policy Dialogue Outcome Report. 42 Musalihat Anjumans were intended to institutionalize traditional alternative dispute resolution mechanisms, such as jirgas. Jirgas resolve disputes between two individuals. Disputants find a mediator, who is generally a local notable and/or a senior religious leader. The mediator hears from both sides then forms a jirga, a tribal assembly of elders who make decisions by consensus. The Sindh High Court held that jirgas were illegal in 2004. See Dawn (Internet Edition). 2004. SHC Bans All Trials under Jirga. 25 April. See http://www.dawn.com/2004/04/25/top6.htm 43 The first Freedom of Information Ordinance was enacted in1997 but lapsed when it was neither re-promulgated nor ratified by the parliament. The present Freedom of Information Ordinance was passed by a Presidential Ordinance under a military government in September 2002 but the passage of the 17th Amendment has made it a law which

and implementing rules have not yet been enacted. While it has a number of shortcomings, it does provide some rights to freedom of information and more importantly it has spurred the debate on a more comprehensive freedom of information law. The Law Reforms Bill (2007) was adopted to redefine good faith and remove immunity in case of negligent acts by public servants. Courts were designated and the High Courts nominated judges in each district to hear tort cases against public servants. Consumer protection laws were enacted in the four provinces, and courts with jurisdiction to hear these cases were established along with consumer protection councils. Environmental tribunals were established in Balochistan and NWFP to complement those established earlier in the Punjab and Sindh.

20. The government also prepared simplified explanations of important laws in Urdu for the public and began publishing simplified explanations in Urdu for all new laws.44 Amendments in 2002 to the General Clauses Act (1897), required all regulations and circulars that have the effect of law to be published in the official gazette,45 which is available for free on the internet.46 Public information kiosks were established in all districts to improve litigants' access to information, and related training was provided to 30–35 judicial staff in each province. A legal empowerment fund was established under the AJDF, although it has not yet become operational at the time of this PCR.

21. Improving judicial governance. The AJP helped to institutionalize a framework to professionalize judicial management, promote greater citizen orientation in service delivery, and improve judicial transparency and accountability. Under this framework, each High Court began implementing performance-based bonus schemes, linked to annual performance reviews. A judicial allowance, which is 27%–56% of the basic salary, was provided to subordinate judges, making them the highest-paid civil servants. In Sindh and Balochistan, an additional 10% of the salary was granted as a utility allowance, and the position of judicial officer in the subordinate judiciary was elevated to the next grade of the national pay scale. In the Punjab, an amount equal to three basic salaries was sanctioned.

22. The judiciary launched automation schemes and public information centers. High Courts established information technology directorates, launched websites, and fixed electronic notice boards outside of courtrooms to provide real-time information on cases being heard. A framework for monitoring performance and investigating complaints against subordinate courts was also established, and more than 15% of subordinate courts have been randomly audited.47 Inspection teams comprising one or more judges from each High Court inspect district courts on an ongoing basis. Areas that are reviewed include case and case-flow management, case- review disposal, and quality of judgments. The inspection teams report their findings to the chief justice. High Courts investigate complaints against subordinate courts.

23. The judiciary required courts to publish annual reports on judicial performance. These reports have been regularly published since 2001, although the quality of superior court reports varies and the indicators to be used have not been settled, making monitoring of court

needs no ratification by parliament. A new Freedom of Information Act, 2008 is under consideration by the National Assembly. See http://www.freedominfo.org/countries/pakistan.htm; http://www.crcp.org.pk/pr_03_july 2008.htm.; Sindh recently enacted its Freedom of Information Act. 44 Most laws and judgments in Pakistan are written in English, which excludes the vast majority of the population. 45 Amending General Clauses Act, 1897. 46 The official website of the Government of Pakistan publishes the Gazette of Pakistan, which contains acts, ordinances, regulations, orders, notifications, appointments, etc. See http://www.pakistan.gov.pk/gazpak.jsp. This is not always up to date, however. 47 Under this framework, the auditor general of Pakistan has audited all superior (high) courts. 9 performance challenging. Judicial decisions are also required to be published pursuant to amendments to the Law Report Act, 2002. This is a significant achievement. Before the AJP, superior courts could prohibit publication. Judgments of High Courts, the Federal Shariat Court, and the Supreme Court are now published monthly in law journals, and subordinate court decisions can be obtained from the court record.

24. Improving human resource development. An unclear judicial mandate for training and slow disbursement of the TA loan limited the impact of judicial capacity building initiatives under the AJP. For the lower judiciary, the FJA developed training handbooks; adopted a 10-module curriculum; and provided training on the courts for small causes and minor criminal offenses, mediation, case flow management, fiscal management, gender and development, continuing judicial education, delay reduction techniques, automation and computerization of judicial systems, alternative dispute resolution techniques, and the medium-term expenditure framework. The FJA also provided capacity building for the High Court. However, the FJA continues to lack a systematic training program and sufficient capacity to undertake comprehensive judicial training. To institutionalize these reforms, the judiciary needs to formally recognize the training requirements. The AJP also supported provincial judicial academies. The judicial academy in Sindh was revamped and moved to a new campus. Since 2007, Sindh and the Punjab have mandated 6 months of training for newly appointed civil judges and judicial magistrates at the respective provincial judicial academy. Provincial judicial academies in NWFP and Balochistan are not yet fully functional. In the interim, short-term training has been organized on an intermittent basis.

25. Progress in improving legal education has been limited. The government approved a project worth $6.92 million to establish the National University of Law and Social Sciences with five campuses to be centers of legal excellence. Applicants coming from disadvantaged backgrounds and women would be given preference. Sub-campuses would be established in each of the four provinces.48 Cabinet approval of this project has been continuously deferred. While ADJF includes a fund for innovation in legal education, this fund is not yet operational. However, the AJP policy dialogue helped the Lahore University of Management Sciences, a leading private sector university, open a law school.

2. Police Reforms

26. Ensuring an independent, accountable, transparent and professional police force. Reforms to professionalize the police and strengthen police accountability arrangements have not been successful. Under the AJP, the federal government adopted the Police Order, 2002— landmark legislation enabling the police to change from an organization that controls the public to a more service-oriented and depoliticized organization. Control of the police was moved to community-based public safety commissions (PSCs) at the federal, provincial, and district levels. Prominent civil society members were to be appointed as PSC members. However, under the Constitution, police is a provincial service and the provinces disagreed with many provisions of this new law.

27. The Police Order was amended in 2004 and 2005. Pursuant to the amendments, district PSCs and police complaint authorities were merged into public safety and police complaint commissions (PSPCCs). While the original composition was designed to depoliticize the police and prevent political intervention in its work, the composition of PSPCCs includes parliamentarians. One-third of PSPCC members are now nominated from the local council and

48 See http://www.nlu.ed.pk

another third from the national and provincial assembly, undermining their independence. Few PSPCCs have become fully functional, reflecting the lack of ownership for the reforms. Citizen oversight mechanisms under the AJP remain mostly dormant or have been substantially changed.49

28. The Police Order supported professionalization of the police by mandating the creation of a National Police Bureau (NPB) and National Police Management Board (NPMB). The NPMB is mandated to advise federal and provincial governments on policing policy matters and serve as the secretariat of the National Safety Commission. The NPB and NPMB have not been able to reach institutional maturity based on the unclear federal mandate. Complaints against the police continue to rise, and the police continue to be viewed as the most corrupt government department in Pakistan.50

29. Steps were taken to improve police capacity within the resources available, although the AJP focused more on physical infrastructure.51 In Balochistan, the AJP funded the upgrading of the Police Training College in Quetta. In the Punjab, the AJP supported construction of facilities at training colleges and a training course for investigators. In the NWFP, the AJP supported overseas training on forensic science for officers from the forensic science laboratory. The AJP also helped the national police academy develop 72 modules of police training materials.

30. The AJP supported police specialization. Under the Police Order, the internal organization of the police was revamped through the separation of watch and ward (patrolling) from investigation to protect the integrity of investigations against interference. Subsequent amendments to this law compromised this independence. District police officers and station house officers were given control over the head of investigation in districts and police stations. Further, investigation staff were required to be located within police stations. In most districts, investigation staff have not been separated from watch and ward staff, who are investigating cases meant to be investigated by investigation staff.

31. Establishing an independent prosecution service. The AJP made good progress in institutionalizing the framework for an independent prosecution service in all four provinces.52 Legislation was enacted to enable the detachment of prosecution officers from the police and the home and law departments.53 An independent prosecution service was established under a new department of prosecution. In the Punjab and Sindh, prosecution departments are headed by a secretary and prosecutor general, whose tenure is protected under the law. In the NWFP and Balochistan, the director general of prosecutions performs the functions of the prosecutor general. Recruitment procedures for prosecutors are based on merit through an examination system conducted by public service commissions in the respective provinces. Prosecution departments have begun to train law officers to carry out prosecutions.

32. Creating an independent police complaints authority. The Police Order provided for the establishment of independent, nonpolitical police complaint authorities at the federal and

49 PSPCCs appear to have little or no sway on the local police. Provincial PSCs are not functional. The federal PSC has been created, but has not been able to exercise its mandate. 50 Transparency International. 2009. Global Corruption Barometer 2009, see http://www.transparency.org/policy_ research/surveys_indices/gcb/2009. 51 Additional training of the police is being supported under several ADB TA projects. See Appendix 3. 52 An independent prosecutor has discretion in deciding whether to prosecute a case and the manner in which a case is prosecuted. Before reforms in this area, prosecutors worked with the police or the courts, raising conflict of interest concerns 53 See the Balochistan Prosecution Service Act, 2003; NWFP Prosecution Service Act, 2005; Punjab Criminal Prosecution Service Act, 2006; and the Sindh Criminal Service Ordinance, 2007. 11 provincial levels to inquire into serious complaints of neglect, excess, misconduct, or corruption by the police and members of law enforcement agencies. Amendments to this law merged the police complaint authorities with PSCs, which compromised the functions of both bodies and diluted accountability mechanisms.

33. Fostering better police–citizen relations. The Police Order envisioned the establishment of citizen police liaison committees (CPLCs) throughout Pakistan to (i) provide training and capacity building of PSPCC members and staff; (ii) develop mechanisms for liaison between aggrieved citizens and police, and provide relief where warranted; and (iii) provide assistance to PSPCC for expeditious and judicious discharge of their duties. Amendments to this law adopted a demand-driven approach by providing for the establishment of voluntary, self-financing, and autonomous CPLCs. Civil society demand has been limited. CPLCs have only been established in capital cities and in some districts, including Karachi (before the AJP), Faisalabad, and Gujranwala.54 To facilitate demand, ADB advisory TA provided resources to provincial governments to conduct public awareness campaigns. However, failure to develop and institutionalize a credible accountability mechanism for the police undermined this reform. Acknowledging that civil initiatives like the CPLC cannot be legislated and are outside of government's control, ADB granted the government a waiver for this action during the third tranche release.

34. Raising gender and human rights awareness. Under the AJP, greater awareness of the rights of women and human rights generally were incorporated into police training programs and supported by statements from senior officials in the Ministry of Interior.

3. Gender Mainstreaming

35. The AJP helped to mainstream gender reforms in the justice sector. The AJP empowered women through amendments to the Family Courts Act, which provide women with greater protection in divorce cases.55 It helped to increase the number of women in the judicial profession through an affirmative opportunities program that includes preferential home-based postings and job quotas. The number of women judges in the subordinate judiciary nearly doubled from 2001 to 2007. In that same period, the share of women judges in the lower courts increased from 3.67% to 5.76% in the Punjab, from 5.88% to 11.90% in Balochistan, from 7.61% to 13.72% in NWFP, and from 7.30% to 15.45% in Sindh.56 For the subordinate judiciary overall, the share of women judges has increased from 5.27% to 9.75% during this time.

36. The Ministry of Law, Justice, Human Rights and Parliamentary Affairs (MOL) partnered with the Ministry of Women Development to implement the National Gender Reform Action Plan in the justice sector. Under this plan, the NPB created a gender crime cell at the national level to prioritize cases of crime against women. At the provincial level, the quota limiting the number of police posts for women was abolished, and the police became an equal opportunity department. Five women-only police stations have been established in Sindh, and in the Punjab and Islamabad women police officers have been assigned patrol duties as traffic wardens.

54 In November 2009, the Minister of Northwest Frontier Province was reported to have formally approved the establishment of a CPLC to provide the business community with an opportunity to help the police maintain law and order. 55 As a result of these reforms, women are able to obtain a divorce more quickly (6 months to 1 year). Before these reforms, a number of lawsuits had to be filed separately in the courts, which prolonged the process. 56 ADB. 2007. Progress Report on Tranche Release: Access to Justice Program in Pakistan. Manila.

C. Program and Project Costs

37. ADB supported the AJP with two policy loans—a loan from OCR for $243.20 million and a loan from the ADF equivalent to $86.80 million. The government allocated $199.51 million of the first three releases to implementing agencies to invest in much-needed infrastructure. Counterpart funds generated from loan proceeds were used to provide a $25 million endowment for the AJDF. The TA loan from the ADF, equivalent to $20 million, was provided to support institutional development for access to justice. A TA grant of $900,000 was provided to support the program management unit (PMU), and develop and implement independent monitoring and evaluation systems. Subsequently, the TA grant amount was increased to $1.74 million.

D. Program and Project Schedule and Disbursement

38. The two policy loans were released in four tranches. The release of all but the first tranche was rescheduled because of difficulties in completing policy actions, many of which needed to be implemented at both the federal and provincial levels, within the planned time frame. The first tranche of ¥7.7 billion (OCR) and SDR28.8 million (ADF) was released on 24 December 2001 upon fulfillment of all the first tranche conditions. The incentive tranche of ¥3.1 billion (OCR) and SDR19.6 million (ADF) was released 20 November 2002, 5 months later than originally scheduled. The second tranche of ¥9.2 billion (OCR) and SDR19.6 million (ADF) was released on 22 December 2004, 18 months later than originally scheduled. The third and final tranche of ¥9.5 billion (OCR) was released on 28 August 2007, 18 months later than originally scheduled.

39. A total of $3.3 million was disbursed from the TA loan, equivalent to only 16.6% of the original loan amount of $20 million. The initial disbursement was made on 17 June 2003 and the final disbursement on 2 July 2009. A summary of the project’s appraisal and actual financing plans and costs are provided in the Basic Data section of this report. Appendix 5 provides a list of consultants engaged under the TA loan.

E. Implementation Arrangements

40. MOL, as the executing agency, provided overall management through the PMU. Federal-level implementing agencies included the Federal Ombudsman, FJA, Higher Education Commission, LJC, Ministry of Interior, and. Provincial implementing agencies included the departments of finance, home, law, and planning and development, with the coordinating role at the provincial level resting with the latter. Provincial implementing agencies included the High Courts, police, provincial ombudsman and PSPCC. Four provincial PMUs were subsequently established.

41. MOL leadership was provided by the minister and the secretary. The points of contact for the judiciary were the chief justices of the Supreme Court and the four provincial High Courts. Police came under the Ministry of Interior and provincial home departments, but most of the police reform was conceived and implemented under the National Reconstruction Bureau, a public sector think tank. Infrastructure investments were managed by the provincial planning and development departments. Provincial law and home departments were involved in setting up the new prosecution departments and reform measures, such as judicial allowances and an increase in recurrent allocations for the judiciary. A national steering committee (NSC), chaired by the MOL and including representatives from the implementing agencies, helped oversee AJP implementation. For each province, a provincial program review and coordination committee (PPRCC) was established to lead, supervise, and carry out periodic reviews of TA loan activities. 13

PPRCC-endorsed work plans for investment under the TA loan were consolidated and forwarded to the NSC for final approval. The LSC implemented the AJDF.

F. Conditions and Covenants

42. The policy loans included 64 policy actions. At the time of loan approval, 20 actions had been complied with, and 23 actions were specified as conditions for the incentive tranche release. The second tranche included 9 policy actions, while the third tranche included 12. Overall, 58 actions were fully complied with, 5 substantially complied, and 1 was waived. Policy actions and their implementation status are in Appendix 6. Considering that the program had actions to be completed in each of the four provinces, there were over 250 policy actions in essence.

43. The TA loan included 79 loan covenants that were generally complied with. No loan covenant was modified, suspended, or waived. All major loan covenants concerning implementation arrangements, including reporting, were complied with. However, due to pervasive capacity constraints, required monitoring and evaluation reports, including audited project accounts and audited financial statements, were generally submitted late. Most of the reporting was done by the MOL with significant help from ADB TA consultants. The MOL had difficulty maintaining management staff in the PMU and did not proactively manage the AJP nor keep ADB timely updated on related policy discussions with other development partners. The MOL collaborated with ADB review missions and, together with the implementing agencies, provided necessary data, including an updated assessment of compliance with the tranche release conditions. The borrower did not submit a PCR until the finalization of ADB’s PCR. Appendix 9 shows the status of compliance with the AJP loan covenants.

G. Related Technical Assistance

44. The AJP was supported by a TA grant of $900,00057 and a $20 million TA loan. The AJP TA grant helped the government draft laws, regulations, and rules; develop the capacity needed to establish an independent prosecution service; convert TA loan funds into technical investment proposals; monitor and evaluate AJP implementation; and respond to emerging issues related to legal rights and entitlements of affected persons arising out of the earthquake- affected areas in northern Pakistan in October 2005.58

45. AJP TA loan funds were designed to respond to technical, training, and limited hardware defined by the implementing agency as necessary to implement the reforms. The TA loan funded 85 technical investment proposals, of which 15 were completed and 70 are being implemented (Appendix 5). The ADB TA grant consultants assisted the ADB TA loan consultants in the design and implementation of technical investment proposals.

57 ADB. 2001. Technical Assistance to the Islamic Republic of Pakistan for Supporting and Monitoring Progress under the Access to Justice Program. Manila ($2 million, including cofinancing of $450,000 from the Government of the Netherlands, approved in December). Note the amount of the TA was subsequently increased to $1.34 million. See footnote 2. The balance of funds from Strengthening of Institutional Capacity for Judicial and Legal Reform (TA 3433-PAK) also supported AJP implementation. See Appendix 3 for a list of TA projects that supported the AJP and copies of related technical assistance completion reports. 58 Assistance helped to provide (i) national identity cards to create entitlements in disaster relief; (ii) legal documents such as perished title deeds; (iii) legal facilitation and assistance; (iv) judicial, police, and public official training workshops and legal awareness; and (v) public grievance review mechanism, and transparency in earthquake data collection to ward off corruption.

H. Consultant Recruitment and Procurement

46. Under the TA loan, 55 individual domestic consultants for a total of 524 person-months were recruited by the AJP PMU. On the TA grant, 29 domestic consultants were engaged by the ADB to support the PMU in implementing the AJP. PRM managed the TA in close coordination with the National Program Review and Coordination Committee (NPRCC). Consultants under the TA loan and grant were selected and engaged according to ADB's Guidelines on the Use of Consultants and other arrangements for recruitment acceptable to ADB. Procurement of goods, services, and civil works for almost a million dollars of equivalent under the TA loan was carried out in accordance with ADB's Guidelines for Procurement. Details are in Appendix 5.

I. Performance of Consultants

47. The performance of TA loan consultants was satisfactory considering the often difficult circumstances associated with the Project. More than 80% of the consultants under the TA grant were rated exceptional or satisfactory, while about 20% were rated generally satisfactory. Overall, consultants possessed the capacity to provide solid technical advice as well as the flexibility to meet client needs.

J. Performance of the Borrower and the Executing Agency

48. The performance of the borrower and executing agency was partly satisfactory. The MOL and provincial implementing agencies lacked experience in implementing complex reforms, which led to delays in AJP implementation. The MOL avoided issuing policy papers on key reform issues, arguing that it could not take any position other than that mandated by the official policy because it was part of a government ministry. Essential positions in the PMU, including the project director, had a high turnover or were vacant for long periods. While ADB TA consultants tried to help the MOL overcome capacity constraints, the ministry believed the primary role for these consultants was facilitating loan disbursement, not capacity development. During a 2005 review of the AJP, the MOL was unable to participate in TA review meetings because of a lack of staff. The AJP required significant data collection to enable effective monitoring of individual actions in the provinces. The MOL and the implementing agencies were unable to develop an effective baseline monitoring system, or collect and monitor the status of reforms.

49. The initial AJP design did not include provincial PMUs. To address the slow progress of some key reforms and the low utilization of the TA loan, the provincial PMUs were established in each of the four provinces in December 2005, and contract management and program monitoring responsibilities were devolved to them. However, since most programming and management decisions remained with the federal PMU, the provincial PMUs' difficulties with the federal PMU continued, including insufficient response on requests for TA loan support. The NSC met only met five times during the AJP, sometimes without the implementing agencies represented by the same persons. Attendees were often not briefed well on the AJP, and meetings focused more on management issues.

K. Performance of the Asian Development Bank

50. ADB performance was partly satisfactory. Since the AJP was a high-profile program, the perception of ADB performance in Pakistan was affected by successes and failures attached to the AJP. During the initial 4 years of implementation, ADB staff in the resident mission were assigned to oversee AJP implementation and expended considerable effort. They played a 15 crucial role in advancing policy dialogue in a number of reform areas, and supported implementation of several reform components. They regularly monitored policy actions and established a close working relationship with AJP counterparts. From 2003, nine review missions were fielded, totaling 73 person-days. Each visit reviewed the status of AJP implementation, identified impediments, and engaged government counterparts in intensive discussion on measures to resolve them. ADB responses to the government were generally timely, and approvals and disbursements were undertaken promptly. Subsequently, the absence of international governance staff in the resident mission constrained ADB's ability to sustain substantive policy dialogue. ADB hired consultants under the ADB TA to help with program implementation and was no longer directly engaged in the reform process. Administrative inefficiencies also arose in ADB's management of the AJP. Internal systems for organizing and filing consultant reports were not maintained. Some reports were not published or widely disseminated. As a result, these reports are unavailable or inaccessible.

III. EVALUATION OF PERFORMANCE

A. Relevance

51. The AJP was relevant at the time of design and appraisal and it remains so at present. The AJP's long-term objective and outcomes were and continue to be consistent with the government’s development strategy and ADB’s strategic objectives in Pakistan. The AJP addressed critical development constraints in Pakistan and urgent financing needs in the justice sector. Interventions in the judicial sector were well developed in consultation with key stakeholders, especially the government, which strongly owned the reform agenda. In contrast, police reforms were largely led by the central government,59 and ownership by key stakeholders became unclear in some critical areas during implementation (police independence, accountability, and citizen liaison). While the design of the AJP was innovative in a number of areas (e.g., ring fencing a portion of policy loan proceeds), in its attempt to be a comprehensive approach to legal and judicial reform, it was too ambitious based on its broad scope and formidable implementation risks, including pervasive capacity constraints that could not be effectively mitigated. Implementation arrangements were not adequate and needed to be subsequently revised to provide a greater role for the provinces. The absence of comprehensive benchmark indicators that could be easily updated made it difficult to readily evaluate the AJP.

B. Effectiveness in Achieving Outcome

52. The AJP was effective in improving access to justice. The AJP was very timely based on ongoing political changes. For example, the powerful office of the district commissioner was abolished to address the concentration of executive and judicial powers, with many of these powers going to the judiciary. Under the AJP, reforms in the judiciary, which comprised a majority of the policy reform agenda, were largely successful. Judicial efficiency improved and there is greater transparency and accountability in the delivery of judiciary services. Under the AJP’s building block approach to reforms, more than fifty key laws and regulations were enacted to help institute the framework for key policy reforms. Legislative changes made it easier for citizens to register habeas corpus petitions against unlawful detention, obtain greater access to government documents and hold government officials accountable, and obtain judicial decisions, which previously were not available. New policy bodies were created, which continue

59 The AJP was designed when the military government was in power. The executive assumed a legislative role and was able to issue more than 300 legal instruments during this period. Civilian rule returned in 2002 when federal and provincial elections were held.

to provide leadership in the sector. The AJP has also directly contributed to a much needed increase in the budget allocation to the sector and long overdue infrastructure improvements. AJP has also been a catalyst for ongoing judicial reforms.

53. However, the AJP was less successful and less effective in improving police performance and accountability. The key legislative reform in this area, the Police Order, 2002, a federal ordinance adopted under the AJP, needed to be amended because police are a provincial service under the Constitution and provincial views on accountability arrangements varied. The amendments overturned reforms to professionalize the police and promote greater accountability. As reflected in Appendix 1, public perception of police services has declined.

C. Efficiency in Achieving Outcome

54. The AJP was less efficient (Appendix 7) in improving access to justice, if the performance of the Program is assessed in an integrated manner combining judicial and police reforms and capacity building efforts. The policy loans were efficient, notwithstanding the delayed disbursements The earmarking of AJP loan proceeds to increase budgetary allocations to key implementing agencies, and agreement to allocate 60% of counterpart funds generated from loan proceeds for capital investment enabled sector remuneration to increase to more attractive levels and provided long overdue infrastructure investments in the sector, with a potential for long term gain. 60 The improved incentive framework under the AJP has resulted in improvements in judicial efficiency (Appendix 1). Improved court facilities (electronic bulletin boards, public information kiosks) (Appendix 2) and police facilities (Appendix 2) are better able to serve the public. Two critical factors impeded the Program's efficiency. First, the Program loan disbursements were delayed significantly due to the delayed compliance with the policy actions. Cumulatively, the last three tranches were delayed by 3.5 years. Second, the poor utilization of TA loan funds reduced the AJP's ability to respond to emerging issues, or to implement in a timely way the capacity reforms needed to ensure sustainability. While the Program actions were complied with even without significant recourse to the TA loan resources, the larger capacity building needs that were identified at the time of the design have not been met. The demand on ADB staff resources to implement the AJP was also much higher than envisioned.

D. Preliminary Assessment of Sustainability

55. Overall, the sustainability of AJP reforms is less likely. Reforms related to the judiciary are likely to continue, as reflected in the recent reinstatement of the chief justice of Pakistan, the recent issuance of a new judicial policy that reflects strong commitment to the reform agenda, and the continued interest by development partners in supporting such reforms.61 However ongoing capacity constraints and inadequate infrastructure need to be addressed and supported to retain momentum. Current macroeconomic conditions may make it difficult to sustain

60 While the ring fencing of program loan proceeds provided much needed infrastructure investments in the sector, this approach raises fiduciary risks for ADB regarding utilization of allocated funds, especially in light of widespread capacity constraints. While government audits on the use of these funds helped to mitigate these risks, an ADB spot-check review of a number of a 10% sample of random schemes in 2005 highlighted some concerns. The review found inadequate data, unrealistic cost estimates, poorly defined implementation schedules, and ineffective coordination between concerned agencies. Monitoring and supervision of contract implementation showed that the technical quality of sample schemes was unacceptable because of poor quality control by the contractor and communication and works department. However, Sindh High Court schemes were consistenty rated high quality. 61 In recognition of the government's commitment to judicial reforms, the United States Agency for International Development (USAID) in April 2009 approved a large TA grant ($89 million) to promote reforms in this sector with a focus on judicial case flow management. 17 continued increased financial support to the sector. Reforms related to the police are less likely due to conflicting views on reforms and weak coordination amongst key stakeholders. The commitment to improving administrative justice is also unclear. While the AJP has helped to build public awareness of the need for justice sector reforms, deeper reforms are needed to significantly improve the rule of law.62

E. Institutional Development

56. The AJP’s contribution to institutional development is moderate. With respect to the judiciary, the AJP improved governance practices, incentive structures, and capacity to lead and manage the policy reform process. However, AJP’s contribution to improved skills and capacity in the sector is not as clear, based in part on the slow disbursement under the TA loan, but more importantly due to the lack of a clear judicial mandate for training. Institutional development, in terms of police reforms, was less successful, with the notable exception of development of an independent prosecution service

F. Impact

57. The AJP made a significant impact in terms of introducing socio economic changes. The AJP helped accelerate reforms in the judiciary and the police, notwithstanding that additional time is needed to develop stronger ownership and a clearer agenda for police reforms. The AJP strengthened the credibility of reformers, as most recently evidenced by the reinstatement of the Chief Justice of Pakistan based on widespread support. The AJP fostered policy learning and built capacity for police formulation. It improved the public debate on policy development in the sector. With respect to the judiciary, the AJP resulted in improved judicial efficiency (Appendix 1) and improvements in gender mainstreaming in the sector.

58. The AJP was categorized environmental category B and has not had a direct environmental impact. While the AJP included reforms to improve the enforcement of environmental laws, the impact of these reforms has been hard to quantify because of the difficulty in obtaining information about the status of relevant cases.

IV. OVERALL ASSESSMENT AND RECOMMENDATIONS

A. Overall Assessment

59. The program framework for the AJP integrates judicial and police reform outcomes, while a majority of reforms under the policy loans’ framework focus on judicial reform outcomes, which the TA loan helped to institutionalize. Based on this integrated program framework, AJP is rated as Partly Successful (Appendix 7). This rating can be clarified as follows:

• Judicial reforms: Successful • Police reforms: Less/Partly Successful • Institutional Capacity Building through TA Loan: Unsuccessful (less than 17% of the loan was utilized despite significant needs for capacity building and a 3-year extension of this loan)

62 USAID. 2008. Pakistan Rule of Law Assessment: Final Report. Islamabad (November). The report notes that no legal and judicial reform plan can change deep historical patterns of suboptimal behavior through sheer force of elaborate design and planning. It is important to be realistic about what can be achieved over the shorter term.

60. However, evaluation of a complex program such as the AJP should be undertaken within a broader political economy context outlined in paragraphs 3-8 above. Assessing the AJP under the policy loans’ outcomes reflects strong performance by the judiciary in a number of areas (see Table 1 below). Based on the policy loan outcomes, Appendix 8, which builds on Table 1, shows a higher rating (Successful), which is accounted for by various positive outcomes, including adoption of new laws, creating new policy-making bodies, strengthening judicial efficiency, improving predictability and consistency between fiscal and human resource allocation and requirements for the judiciary and the police, and improving judicial accountability and transparency.

Table 1: Assessing the Access to Justice Program under the Policy Loans

Total Status of Assessment of Policy Loan Outcome Areas Actions Compliance Performance A. Judiciary FC SC Other REL EFTVEFCY SUS 1. Improved policy making 2 2 3 2 2 2 2. Strengthened judicial independence 7 6 1 2 2 2 2 3. Expeditious and inexpensive justice 13 13 2 2 2 1 4. Legal empowerment 11 9 2 2 2 1 1 5. Improved judicial governance 6 6 2 2 2 1 6. Human resource development 6 6 2 1 1 1 Subtotal 46 43 3 2 2 2 1 B. Police 1. Insulate police from interference 6 5 1 2 0 1 0 2. Improve police capacity 4 3 1 2 1 1 1 3. Establish an independent prosecution service 2 2 2 2 2 2 4. Improve police accountability and transparency 1 1 2 0 0 0 5. Improve liaison between police and citizenry 3 2 — 2 1 1 1 6. Public awareness and protection of rights 2 1 1 1 Subtotal 18 15 1 2 1 1 1 Total 64 58 5 1 2 2 2 1 — = waiver granted, EFTV = effectiveness, EFCY = efficiency, FC = fully complied with, REL = relevance, SC = substantially complied with, SUS = sustainability. Note: The highest score is 3 and the lowest score is 0. Source: Asian Development Bank Staff.

B. Lessons

61. The AJP was too centrally designed and managed, supply-driven, and too complex based on pervasive capacity constraints and ineffective coordination mechanisms. Without strong demand and support from key stakeholders, including provincial governments, a number of critical reforms (police) could not be effectively implemented. Police reforms also lacked a well-grounded agenda, clear mandate, and capacity within the governments or ADB to effectively implement. The MOL had never managed a project of this nature before, and project planning for the TA loan was an added burden. The program had too many implementing agencies, and the coordination framework was ineffective in resolving conflicts between the MOL and the provinces. Tension between the judiciary and the executive branch, and executive 19 control of the program, also undermined program implementation at the local and provincial government levels.

62. While earlier TA projects helped to develop benchmark indicators for the justice sector, with the exception of data from the judiciary, other data were not generally updated or maintained. This made it difficult to quantify achievements, build a case for sustained intervention over the longer term, and effectively evaluate the AJP. Insufficient attention was paid to consolidating and publishing outputs. Few knowledge products were produced, and most of the reports produced are outdated. The AJP also lacked an effective communication strategy that could have helped clarify program successes, manage expectations, and generate stronger ownership and accountability.

63. Engagement of experienced staff assigned to the resident mission made ADB a more credible partner in reform implementation. Without such engagement, ADB's role was reduced to procurement disbursement reviews. Implementing many of the reform measures nationwide was challenging. For a length of time, ADB was not able to sufficiently oversee project outputs, which exposed ADB to criticism.

64. It was challenging to evaluate the AJP under the program's design and monitoring framework, which had integrated reform outcomes, combining judicial with police reforms, the latter accounting for a much smaller part of the reform agenda. In contrast, the policy loans' framework separated judicial and police reform outcomes, which made it easier to highlight the stronger results in judicial reforms.

C. Recommendations

1. Program Related

65. Reform programs should be demand-driven and based on sound analysis. In the design and implementation phase, close collaboration is needed among key stakeholders to retain momentum. Federal-level programs should provide provincial governments with sufficient decision making to set their priorities and carry out their management, or they should be replaced with subnational programs. Based on the inherent conflicts arising from the role of executive branch agencies in public administration and the judiciary's independent role in reviewing the legality of such actions, separate management of future programs and projects involving both branches of government may be more appropriate. In the case of AJP, it was both demand-driven and supported by significant analytical work ex ante. It faced several challenges during implementation, because of its complexity.

66. Because of capacity constraints within ADB to manage complex justice sector programs, it may be more effective and efficient to link reforms to increase access to justice with reforms in other sectors that ADB is engaged in. Justice sector interventions could complement reforms in core areas of ADB operations (e.g., enforcement of creditor rights to promote finance sector development, and grievance redress in the energy sector to promote better public service delivery), or build on synergies with ADB country programs. For example, the judiciary could be included in provincial public resource management programs and build upon the AJP reforms that improve judicial accountability and efficiency, and provide much-needed infrastructure investment and capacity enhancement. Future interventions should focus on outcomes that can be realistically implemented based on the government's mandate, capacity, and commitment, and ADB capacity (staff and funding). Qualified and experienced staff, based in the resident missions, should help manage the implementation of reforms.

67. Capacity constraints within the government need to be effectively assessed and addressed. While consultants funded under ADB grant TA projects can partially mitigate this risk, sustainability depends on the development of internal staff skills. TA loan design should provide sufficient up-front assistance to help the government avoid delays. The time frame for implementation of loans should be more realistic and factor in capacity constraints.

68. To enable effective monitoring of reform interventions, outcomes should include clear benchmarks and effective statistical systems to enable timely and reliable data collection and effective reporting mechanisms. In sector-wide programs, separate outcome indicators may be more effective in highlighting results where leadership for reforms is not consistent. Programs should also include the development and implementation of an effective communication and public outreach strategy, and timely publication of program outputs.

69. Finally, in terms of program design, reform interventions of this type need to be structured in a program cluster framework. The building block approach adopted under the AJP was sensible, but the program went into all areas at the same time. Instead, a program cluster could have helped better sequence the reform measures and lay out performance indicators over a period of time. Such an approach would also facilitate any mid-course corrections to reform measures as appropriate, without diluting the reform agenda.

2. Further Action or Follow-Up

70. Timing of the program performance evaluation report. To assess the impact of the program on the performance of the justice sector, it is proposed that a program performance audit report or the program completion report validation report be prepared in 2-3 years, by 2012.

Appendix 1 21

JUSTICE SECTOR INDICATORS (BEFORE AND AFTER ACCESS TO JUSTICE PROGRAM)

Indicators 1998 2001 2004 2005 2006 2007 2008 1. Fiscal Autonomy of the Judiciary Through More Funding 1.1 Funding if 0.01% 0.02% 0.02% 0.02% 0.02% 0.02% 0.02% judiciary as % of overall budget 1.2 Funding of 190.40 466.40 447.00 560.00 568.00 773.00 925.00 Higher Courts in real terms (million PRS) 1.3 Funding of subordinate courts as % of overall provincial budget A. Punjab 0.49% 0.43% 0.63% 0.67% 0.78% 0.69% 0.68% B. NWFP 0.56% 0.52% 0.62% 0.61% 0.82% 0.98% 0.88% C. Sindh 0.43% 0.40% 0.46% 0.60% 0.51% 0.53% 0.55% D. Balochistan 0.76% 0.43% 0.56% 0.56% 0.68% 0.71% 0.80% 1.4 Funding of subordinate courts in real terms A. Punjab (PRs) 612.40 758.90 1,270.60 1,462.00 1,690.00 1,989.00 2,308.00 B. NWFP 152.00 176.36 318.20 340.00 591.00 678.80 750.50 C. Sindh 262.00 429.75 536.98 630.79 745.40 915.90 1,099.00 D. Balochistan 68.80 123.50 192.30 223.70 284.90 368.40 430.20 2. Justice Sector Efficiency 2.1 Supreme Court A. Number of cases 10,371 13,583 17,521 9,555 15,802 10,002 - filed B. Cases Disposed 10,751 12,509 9,938 15,337 28,433 10,018 - C. Cases Pending 9,029 12,072 27,614 21,812 14,984 15,186 - D. Disposition ratea 1.04 0.92 0.57 1.60 1.80 1.00 - 2.2 Punjab Province 2.2.1 High court A. Number of cases 85,767 88,247 83,351 80,989 76,060 64,289 78,367 filed B. Cases Disposed 85,289 99,576 78,714 77,200 70,562 53,877 74,542 C. Cases Pending 79,843 64,427 61,362 69,697 75,195 85,607 84,704 D. Caseload of 165,132 164,003 140,076 146,897 145,757 139,484 159,246 judges E. Disposition ratea 0.99 1.12 0.94 0.95 0.92 0.83 0.95 F. Sanctioned 50 50 50 50 50 50 number of judges 2.2.2. Subordinate courts A. Number of cases - filed 857,805 1,281,542 1,307,215 1,346,420 1,417,415 1,529,859 B. Cases disposed - 841,125 1,286,889 1,318,054 1,301,285 1,246,665 1,503,904 C. Cases pending - 1,003,098 994,118 996,418 1,041,695 1,195,734 1,221,689 D. Caseload of - judges 1,844,223 2,281,007 2,314,472 2,342,980 2,442,399 2,725,593 E. Disposition rate - 0.98 1.00 1.00 0.96 0.88 0.98 a Number of cases disposed divided by the number of cases filed. "-" = data not available

22 Appendix 1

Indicators 1998 2001 2004 2005 2006 2007 2008 F. Number of judges sanctioned 627 627 991 990 1,125 1,127 1,127 G. Number of citizens per judge 108,746 70,721 70,789 6,656 62,550 65,325 65,325 2.3 Sindh Provinceb 2.3.1 High court A. Total number of cases filed 33,550 47,799 38,013 8,774 10,324 9,732 17,057 B. Cases disposed 29,252 33,491 27,297 11,600 9,348 6,965 16,524 C. Cases pending 66,011 75,752 87,076 17,102 18,075 20,837 28,608 D. Caseload of judges 95,359 111,231 114,483 28,708 27,426 27,807 27,807 E. Disposition rate 0.87 0.70 0.71 1.32 0.90 0.71 0.96 F. Number of judges sanctioned 28 28 28 28 28 28 40 G. Judicial vacancies - 8 10 - - - 16 2.3.2 Subordinate courts A. Total number of cases filed 33,501 120,291 153,391 153,119 11,876 147,927 - B. Cases disposed 38,725 99,144 158,367 148,777 12,398 140,688 - C. Cases pending 42,408 123,124 118,073 122,508 121,008 128,704 - D. Caseload of judges 81,133 222,268 276,440 271,285 133,406 269,392 - E. Disposition rate 1.15 0.82 1.03 0.97 1.04 0.95 - F. Sanctioned number of judges 406 406 406 418 418 409 - G. Judicial vacancies 32 36 29 - - - - H. Number of citizens per judge 70,138 69,817 68,251 68,251 68,251 68,098 - 2.4 NWFP 2.4.1 High court A. Total number of cases filed - 11,492 14,819 10,578 16,073 12,797 - B. Cases disposed - 10,435 14,203 12,772 16,537 11,627 11,556 C. Cases pending - 16,931 10,578 12,663 27,291 14,369 15,287 D. Caseload of judges - 1,710 24,781 25,435 43,828 25,996 26,843

E. Disposition rate - 0.91 0.96 1.20 1.02 0.91 0.93 F. Sanctioned number of judges 16 16 16 16 16 16 - 2.4.2 Subordinate court A. Total number of 189,483 397,894 364,047 405,413 349,650 367,600 cases filed - B. Cases disposed - 173,829 403,288 354,453 398,865 336,552 364,882 C. Cases pending - 135,373 153,643 163,237 169,785 182,883 185,601 D. Total cases 309,202 556,931 517,690 568,650 519,435 550,483 disposed - E. Disposition rate - 0.91 1.01 0.97 0.98 0.96 0.99 F. Sanctioned 166 201 251 224 336 334 346 number of judges b Annual reports data appears to contain a lot of discrepancies "-" = data not available Appendix 1 23

Indicators 1998 2001 2004 2005 2006 2007 2008 G. Number of 97,494 81,770 66,457 79,933 50,409 50,697 - citizens per judge 2.5 Balochistan 2.5.1 High court A. Total number of - 3,207 2,908 3,766 3,816 4,385 4,024 cases filed B. Cases disposed - 3,160 2,888 3,948 3,567 3,297 3,627 C. Cases pending - 1,893 2,319 2,625 2,445 3,780 4,177 D. Caseload of 5,053 5,207 6,573 6,012 7,077 7,804 judges - E. Disposition rate 0.98 0.99 1.05 0.94 0.75 0.90 F. Sanctioned 5 7 18 13 13 13 14 number of judges 2.5.2 Subordinate courts A. Total number of 20,354 23,601 21,617 21,567 23,870 24,171 cases filed - B. Cases disposed - 20,284 21,870 20,280 21,857 23,330 25,429 C. Cases pending - 6,029 7,336 8,672 8,382 8,922 7,664 D. Total cases 26,313 29,206 28,952 30,239 32,252 33,093 disposed - E. Disposition rate - 1.00 0.92 0.93 1.01 0.97 1.05 F. Sanctioned 70 128 149 160 169 169 179 number of judges 2.6 Contract enforcement (doing business indicators) 2.6.1 Number of - - 30 46 46 55 47 procedures 2.6.2 Time (days) - - 365 395 395 880 880 2.6.3 Costc 45.80/a 35.20/b 10.00/c 22.60/d 13.50/e 2.6.4 Rank - - - - - 163 154 3. Judicial governance 3.1 Control of -0.83 -0.81 -1.05 -0.99 -0.76 -0.82 -0.77 corruption [generally] 3.2 Rule of law -0.73 -0.79 -0.88 -0.89 -0.85 -0.95 -0.92 index 4. Legal empowerment 4.1 Federal Ombudsman (Wafaqi Mohtasib) A. Number of - - 25,327 15,136 11,887 23,290 23,332 complaints filed with Federal Ombudsman B. Number of - - 22,030 10,713 1,734 13,388 21,368 complaints resolved by Federal Ombudsman C. Disposition rate 0.87 0.71 0.15 0.57 0.92 c "a" refers to % of income per capita, "b" and "c" refers to % of debt, and "d", "e" and "f" refers to % of claim. Doing Business Report, http://www.doingbusiness.org/Downloads/. Note that some indicators were added later and were not tracked earlier. "-" = data not available

24 Appendix 1

Indicators 1998 2001 2004 2005 2006 2007 2008 4.2 Punjab Province A. Number of 11,501 8,385 8,434 8,503 11,872 13,681 8,997 complaints filed with Provincial Ombudsman B. Number of 15,532 8,199 7,384 10,796 11,347 13,860 5,155 complaints resolved by Provincial Ombudsman C. Disposition rate 1.35 0.98 0.88 1.27 0.96 1.01 0.57 4.3 Sindh Province A. Number of 5,586 6,637 7,813 8,846 6,889 7,937 7,038 complaints filed with Provincial Ombudsman B. Number of 5,068 6,042 6,962 3,705 3,463 3,752 4,998 complaints resolved by Provincial Ombudsman C. Disposition rate 0.91 0.91 0.89 0.42 0.50 0.47 0.71 4.4 Balochistan Province A. Number of - - 611 632 540 703 977 complaints filed with Provincial Ombudsman B. Number of - - 700 740 710 777 926 complaints resolved by Provincial Ombudsman C. Disposition rate - - 1.15 1.17 1.31 1.10 0.94 5. Judicial capacity 5.1 Number of - - 44 - - - - judges trained by Federal Judicial Academy 6. Empower woman in the justice sector 6.1 Number of - - - - - 353 503 female police officers 7. Police accountability 7.1 Number of - - 6,509 13,425 11,039 13,593 9,926 police disciplined 8. Independent prosecution 8.1 Conviction rate - 37% - - - - - 9. Investor confidence 9.1 Doing business - - - - 6.30 6.30 6.30 strength of investor protection indexd (1- 10) d Doing Business Reports, http://www.doingbusiness.org/Downloads/. Note that Doing Business indicator started track strength of investor protection index in 2006. "-" = data not available Appendix 2 25

FLOW OF FUNDS AND IMPLEMENTATION STATUS OF INFRASTRUCTURE AND CAPACITY DEVELOPMENT PROJECTS FINANCED UNDER THE ACCESS TO JUSTICE PROGRAM

A. Flow of Funds

Figure A2: Flow of AJP Funds

ADB = Asian Development Bank, AJP = Access to Justice Program Source: Access to Justice Program, program management unit.

26 Appendix 2

B. Implementation Status of Infrastructure and Capacity Development Projects Financed

1. Program Loan

1. The program loan of $330 million was divided among the federation and provinces and according to National Finance Commission (NFC) formula as shown in Table A2.1.

Table A2.1: Program Loan Allocation for Federal and Provincial Expenditures (Million) Share (%) $ Equivalent PRs Equivalent Federal 40 $132 10,839 Provincial 60 $198 16,258 $1 = PRs60

2. The provincial share of 60% of $330 million ($198 million = PRs11,880 million) was further divided among the provinces in accordance with the NFC formula.

Table A2.2: Release and Utilization of Program Loan Allocation, 2002–2009 (PRs Million) 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 Total Description Release Utilization Release Utilization Release Utilization Release Utilization Release Utilization Release Utilization Release Utilization Release Utilization

Federal - - 63 19 50 41 101 61 402 367 230 179 237 192 1,083 859

Punjab 258 178 516 408 1,032 615 1,807 1,192 1,032 1,225 1,032 641 454 438 6,132 4,698

Sindh 107 3 213 145 427 344 747 302 427 578 427 334 188 212 2,535 1,918

N.W.F.P 87 84 174 124 349 190 610 387 349 498 349 347 153 86 2,072 1,716

Balochistan 48 27 96 117 192 118 336 263 192 263 192 177 84 93 1,140 1,058

Total 500 292 1,063 813 2,050 1,309 3,601 2,205 2,402 2,931 2,230 1,678 1,117 1,022 12,963 10,250

NWFP = North West Frontier Province. Source: Access to Justice Program, program management unit.

3. The Access to Justice Program (AJP) helped to improve infrastructure facilities and the working environment for the justice sector. Investment schemes launched under AJP include: construction of new court rooms, judicial complexes, judges' residences, record rooms, judicial lockups, bar rooms and general amenities like public sheds and baths in the courts premises, construction of district jails, new barracks in existing jails to overcome the problem of overcrowding in jails, training centers for judges, personnel of police and prison, etc. Appendix 2 27

Table A2.3: Access to Justice Program Schemes for the Justice Sector (as of June 2009)

Court rooms Capacity Province etc. Residences Building Prisons Police Others Total Punjab 215 144 9 65 25 1 459 Sindh 12 8 343 5 5 0 63 NWFP 11 0 15 3 2 0 31 Balochistan 13 19 6 14 10 8 70 Total 251 171 63 87 42 9 623 NWFP = North West Frontier Province. Source: Access to Justice Program, program management unit.

4. 875 schemes have been completed and construction work is in progress on 262 similar schemes. A detail of development schemes (completed and ongoing) at federal and provincial level is given below:

Table A2.4: Construction Project and Public Amenities Funded under the AJP

Province Court Room Record Room Complex Amenities Residence Barracks

Completed Ongoing Completed Ongoing Completed Ongoing Completed Ongoing Completed Ongoing Completed Ongoing

Punjab 228 13 12 1 19 3 55 4 351 20 20 9

Sindh 6050001000285800

NWFP 510 2 0 1319008010

Balochistan 1680010009815

Total 355 71 14 1 22 6 74 4 388 166 22 14 NWFP = North West Frontier Province. Source: Access to Justice Program, program management unit.

28 Appendix 2

A. Federal Schemes (Completed)

Cost in Item Name of Scheme PRs Million Federal Judicial Academy 1. Strengthening of Institutional Capacity of Federal Judicial Academy, 7.49 Islamabad Wafaqi Mohtasib Secretariat 2. Development of database in Wafaqi Mohtasib Secretariat 22.59 3. Strengthening of Institutional Capacity of Federal Judicial Academy, 4.37 Islamabad (Phase-II) 4. Enhancement of Management Information System at Supreme 19.26 Court of Pakistan (Automation of Supreme Court) 5. Automation of Law and Justice Commission of Pakistan 5.75 Total (A) 59.46 Source: Access to Justice Program, program management unit.

B. Federal Schemes (Ongoing)

Cost in Item Name of Scheme PRs Million Federal Judicial Academy 1. Construction of Federal Judicial Academy at H-8, Islamabad 108.00 2. Capacity building of Federal Judicial Academy Islamabad 32.07 3. Strengthening of Institutional Capacity of Federal Judicial Academy, 5.44 Islamabad (Phase-II) Ministry of Interior 4. Acquisition of land for the construction of Lawyers Chambers at 109.00 Islamabad Islamabad High Court, Islamabad 5. Strengthening of Institutional Capacity of Islamabad High Court, 39.28 Islamabad 6. Automation Of Islamabad High Court, Islamabad 39.83

Ministry of Law & Justice 7. Construction of Federal Courts at Lahore 1,194.75 8. Construction of Federal Courts at Peshawar 336.00 9. Construction of Federal Courts/Tribunals at Islamabad 355.17 10. Construction of Building for Federal Services Tribunal, Islamabad 275.00 11. Enhancing Capacity for Policy Making and Administration of Justice 39.80 11. Automation of Federal Shariat Court, Islamabad 15.84 Supreme Court of Pakistan 13. Enhancement of Management Information System at Supreme Court of Pakistan (Automation of Supreme Court) 19.27 14. Rehabilitation of Supreme Court of Pakistan, Branch Registry Building at Lahore 122.62 Law and Justice Commission of Pakistan 15. Video-Conferencing Facility for the Supreme Court of Pakistan, Federal Shariat Court and Provincial High Courts 12.80 16. Automation of Law and Justice Commission of Pakistan 6.47 Source: Access to Justice Program, program management unit.

Appendix 2 29

Amount in PRs Item Name of Scheme Million Wafaqi Mohtasib Secretariat 17. Construction of Wafaqi Mohtasib Secretariat Building Islamabad 475.05 18. Capacity Building Wafaqi Mohtasib and Regional Offices 39.34 19. Data Entry and Digitization of Complaints Record of Wafaqi Mohtasib's Secretariat, Islamabad 20.94 Total (B) 3,246.67 Total A+B 3,306.13 Source: Access to Justice Program, program management unit.

D. Provincial Schemes

Amount in Item Name of Scheme PRs Million Punjab 1. Acquisition of Private land measuring 791 kanals 1 marla for 178.13 construction of Judicial Complex at Multan 2. Construction of New Advocate General Punjab Office Block at 15- 92.12 Fane Road, Lahore 3. Construction of District Jail T.T. Singh 78.68 4. Establishment of High Security Barrack/Prisons in Central Jail Multan 68.40 5. Construction of Residences for Judicial Officers in Judicial Complex 75.76 at Rawalpindi 6. Establishment of High Security Barrack/Prisons in Central Jail 63.89 Faisalabad 7. Construction of new parking buildings at 15-Fane Road, Lahore High 51.04 Court, Lahore 8. Construction of 8 Nos. Courts in the western side of existing old wing 58.74 at Lahore High Court, Lahore Sindh 1. Construction of Courts at Karachi Central and Malir District 86.12 2. Construction of Civil Court Complex at Hyderabad City Phase-I 80.21 3. Construction of Police Station at Sukkar Region (Mirpur, Mathelo, 52.47 Ghari Yasin, Nawabshah, Khairpur, Ranipur North West Frontier Province 1. Construction of Court Rooms and provision of Public Facilities in NWFP 162.89 2. Construction of Judicial Complex at Lakki Marwat 110.20

3. Strengthening of Institutional Capacity of Additional the District Judges Courts in NWFP 76.40 4. Strengthening of Institutional Capacity of Additional the District? Civil 57.49 Judges Courts in NWFP 5. Strengthening of Institutional Capacity of District Sessions Judges 49.34 and Senior Civil Judges Courts in NWFP Source: Access to Justice Program, program management unit.

30 Appendix 2

Amount in Item Name of Scheme PRs Million Balochistan 1. Construction of District Jail at Jaffarabad 72.98 2. Upgradation of Police Training School/College at Quetta 54.39 3. Construction of 8 Nos. residences for Judicial Officers (Grad 20-22) 49.68 at Quetta 4. Construction of Levies, Thanas, Posts and Pickets and Sibbi 46.24 5. Construction of Residential Accommodation 2 &? 3 bed rooms Flats 36.99 at Gulistan Road, Quetta 6. Construction of 3 Court Rooms at Hub and 2 Court Rooms at Bela 36.11 District Lasbela 7. Construction of Residential Accommodation for Jail Staff at Central 25.79 Jail Gaddani Total 1,664.06 NWFP = North West Frontier Province. Source: Access to Justice Program, program management unit.

2. Technical Assistance Loan

5. A $20 million technical assistance (TA) loan was provided under the AJP for capacity building and institutional strengthening of key justice sector institutions. TA loan activities were implemented with prior approval of the Asian Development Bank (ADB). The schemes were approved by National Steering Committee and Technical Evaluation Committee constituted under revised Planning Commission-II. The loan was designed to respond to implementing agencies' request for technical training and limited hardware required to implement legislative reforms in the justice sector.

6. The Technical Evaluation Committee approved about 85 technical investment proposals worth PRs570 million for the judiciary, police, FIA, ombudsman, and Environmental Protection Agency. 15 were completed and 70 remain under implementation, with current funding being provided by the federal government. The Economic Affairs Division and Planning and Development Division have extended the period of revised Planning Commission-II up to June 2011 to enable PMU to accomplish the tasks assigned under the AJP. Of the $20 million, only $4.001 million (PRs240.107 million) was spent and the remaining balance of PRs959.940 million ($15.999 million) is still with ADB as underutilized because the period of implementation of the TA loan expired on 30 June 2008. See Appendix 5 for a list of technical investment proposals and identification of consultants engaged under the TA loan.

Appendix 3 31

LIST OF TECHNICAL ASSISTANCE GRANTS SUPPORTING THE ACCESS TO JUSTICE PROGRAM AND RELATED COMPLETION REPORTS

Amount ($)/ TA Objectives and TA No./Name Approval Date Outputs Consultants Engaged Status 2647 1,140,000 The TA helped the Five international experts TA's original government develop the and five domestic experts completion date was Pakistan 2010 24 September Pakistan 2010 Program in were recruited for a total 30 June 1998 but was Long Term 1996 March 1998 and the ninth 5- of 42 person-months. All extended until 30 Perspective year Development Plan the consultants were June 2000 Study covering the period 1999- competent and delivered 2003. The TA helped define their research results TCR circulated on major ADB operations in according to the terms of 3 April 2001 (see Pakistan that included reference. attached) judicial and legal reforms and governance.

The TA produced six reports, including an agenda for effective governance. 2979 150,000 The TA examined the Five individual TA's original delivery of legal services to consultants were completion date was Strengthening 31 December the government and working engaged to implement 31 December 2002 government 1997 of the subordinate judiciary the TA. but was extended Legal Services in Pakistan and formulated, until 31 January and the through a participatory 2003. Subordinate process, recommendations Judiciary to strengthen the same. No TCR required as this is a small-scale TA 3015 995,000 The TA assisted the A consulting firm, the Asia TA's original government in improving the Foundation, provided a completion date was Legal and 7 May 1998 efficiency and working of total of 56 person-months 30 September 1998 Judicial Reform Pakistan's legal and judicial of consulting services, but was extended Project system by (i) making it more which included 30 person- until 31 January 2003 responsive and relevant to a months of national market economy, and (ii) consultants and 26 TCR circulated on 11 addressing key governance person-months of July 2005 (see issues in the legal and international consultants. attached) judicial sector. The consultants' inputs focused on drafting and providing reports on the TA's five components. The quality of inputs provided by the consultants was satisfactory. 3433 2,900,000 This TA aimed to strengthen A consulting firm, The TA's original capacity for judicial and legal Asia Foundation, and a completion date was Strengthening of 27 April 2000 reform and initiate key team of individual national 31 July 2001 but was Institutional priority reforms, which were consultants were engaged extended until 30 Capacity for included as policy reforms in to implement the TA. June 2008 Judicial and the first tranche of the AJP Legal Reform policy loan (delay reduction No TCR yet as of pilot project, among others). PCR preparation 3640 150,000 This TA supplemented TA The Asia Foundation was TA was completed 3433 to address the engaged to implement the last 31 December Supporting 19 March 2001 priorities of the Local TA for 6 person-months. 2002 Access to Government Plan 2000 for Justice under the delivery of justice at the No TCR required as Local doorstep. This TA focused this is a small-scale government Plan on ADR and judicial capacity TA development.

32 Appendix 3

Amount ($)/ TA Objectives and TA No./Name Approval Date Outputs Consultants Engaged Status 3823 900,000 This TA supported The TA recruited TA's original implementation of the AJP. individual consultants who completion date was Supporting and 19 March 2001 worked with the PMU and 31 December 2004 Monitoring helped monitor but was extended Progress Under compliance with policy until 31 December the Access to actions. They helped 2007 Justice Program prepare legal amendments and helped TCR circulated on 21 design and implement January 2009 (TCR technical investment attached) proposals under the TA loan. About 80% of the consultants were rated exceptional or satisfactory while 20% were rated generally satisfactory. 4537 950,000 The TA contributed in the A team of national TA's original development of processes consultants were provided completion date was Implementing 23 December and procedures in the for a total of 338 person- 31 December 2007 Public Safety 2004 police. It developed required months. All inputs were but was extended Reforms in Four procedural manuals, provided effectively and until 26 January 2008 Districts of the software, rules of business adequately by the Province of the to lay the groundwork for the consultants. TCR circulated on 18 Punjab conduct of scientific December 2008 (see (Pakistan) investigations and improved attached) public oversight of police. 4922 11,500,000 This subproject is currently A total of 16 consultants This subproject was (overall) being implemented and is and 30 resource persons extended from 30 Support to Subcluster 1: expected to be completed by have been recruited to June 2009 to 31 Governance Support to 31 March 2010. The project implement the technical March 2010 to Reforms in Justice Sector expects to improve access investment proposals. complete the Pakistan Reforms to justice and public safety Eight more consultants implementation of (Subcluster 1: ($4,000,000) through better policing for and 4 more resource TIPs. Support to poor and vulnerable people, persons will be recruited Justice Sector Subcluster 2: especially women, children, between December 2009 Reforms; Support to and minorities in Pakistan. and January 2010. Subproject 2: Devolution The subproject also Support to Reforms supports the Police Order Implementing ($1,500,000) 2002 implementation in four Public Safety pilot districts of the Punjab Reforms in Subcluster 3: Province (Faisalabad, Punjab) Public Financial Gujranwala, Gujran, and Management Multan), and develop a safer Reforms and more secure ($2,000,000) environment based on respect for human rights and Subcluster 4: equitable access to justice Transparency through policing that is more and responsive to the needs of Accountability the poor and vulnerable. Reforms ($3,000,000)

Subcluster 5: Performance and Learning Cell ($1,000,000)

7 March 2007 ADB = Asian Development Bank, ADR= Alternative Dispute Resolution, AJP = Access to Justice Program, PMU = program management unit, TA = technical assistance, TCR = technical assistance completion report, TIP = technical investment proposal. Source: Asian Development Bank Staff. Appendix 3 33

Pakistan 2010 — Long-Term Perspective Study

34 Appendix 3

Appendix 3 35

Legal and Judicial Reform Project

36 Appendix 3

Appendix 3 37

Supporting and Monitoring Progress under the Access to Justice Program

38 Appendix 3

Appendix 3 39

Implementing Public Safety Reforms in Four Districts of the Province of Punjab

40 Appendix 3

Appendix 5 41

ALLOCATION AND DISBURSEMENT OF ACCESS TO JUSTICE DEVELOPMENT FUND (as of June 2009 in Pak Rupees)

Access to Justice Development Fund Total Total Remaining Windows Percent Allocation Disbursement Balance Provincial Judicial 60.3 304,867,679.42 194,451,846.50 110,415,832.90 Development Fund Legal Empowerment Fund 13.5 76,083,959.98 21,459,593.00 54,624,366.98 Legal and/or Judicial 4.5 25,361,319.32 None 25,361,319.32 Research Funds for Innovations in Legal 4.5 25,361,319.32 None 25,361,319.32 Education Special Projects in 10.0 56,358,486.70 None 56,358,486.70 Underdeveloped Areas Federal Judicial Academy 4.5 25,361,319.32 None 25,361,319.32 Fund Management 2.7 13,650,790.99 Disbursed None Source: Access to Justice Program, program management unit.

42 Appendix 5

LIST OF CONTRACTS AWARDED UNDER THE ACCESS TO JUSTICE PROGRAM (TECHNICAL ASSISTANCE LOAN)

A. Technical Investment Proposals

Approved Cost (in PRs Name of Scheme Department Millions) Scope of Scheme Status at TA Loan Closing Federal Training/Capacity Federal 4.57 1. 5 one-week IT training courses Completed Building of FIA Investigation 2. 3 one-week courses on Academy Agency immigration/human trafficking (Ministry of 3. 1 one-week course on collection Interior) of digital evidence from scene of crime 4. 1 one-week course on capacity building of law enforcement agencies to combat trafficking of persons Review of Police National 15.48 1. Formulation and development of Partly completed. A national Training System Police separate training and evaluation consultant was engaged and Bureau system for investigation and completed his task while the (Ministry of watch and ward wings of police international consultant withdrew. Interior) 2. Hiring of national consultant 3. 2 one-day workshops A workshop was conducted. Purchase of law PMU, MOL 6.922 Provision of 5,706 law books to 142 Completed. Books were delivered books for Bar bar associations. to 142 bar associations. Councils/Association Procurement of PMU, MOL 34.644 Provision of 65 computers, 65 laser Completed. Computers were Automation printers, 116 photocopiers and 116 provided to bar associations. Hardware for Bar fax machines to district and tehsil bar Associations associations Gaps Evaluation in Pakistan 2.210 1. To study the gaps in Pakistan Partly completed. A national Pakistan Environ- Environmental Protection Act, 1997 consultant was hired. Two Environment mental and its rules and regulations to printers were provided to Protection Act, 1997 Protection effectively address the environmental Pakistan Environmental Agency issues in the country Protection Agency. Development of 2. Hiring of consultants for 6 months Procedure for 3. Provision of computers with Preparation of Case printers and furniture to be Filed in the Environmental Tribunals Basic Computer PMU, MOL 16.201 To provide 20 days computer Completed. Basic computer Orientation Training orientation training to judicial officers orientation training was given to for Judicial Officers all over Pakistan. all judicial officers through off-the- shelf courses. Development of the PMU, MOL 1.452 To bridge the gap between AJP and Completed. A national consultant web portal and web the general public, promote general was hired and completed his task. based M&E awareness about the AJP and how automation software justice sector institutions work and for AJP also enhance the efficiency of judiciary and non-judicial staff through the public oversight over the working of AJP.

Appendix 5 43

Approved Cost (in PRs Name of Scheme Department Millions) Scope of Scheme Status at TA Loan Closing Holding of Annual Law and 3.659 To provide an opportunity to the Completed Judicial Conference Judicial judiciary to interact, share experience Commission and crystallize issues faced in the of Pakistan administration of justice in the country. Participants of the conference included members of Superior Courts, legal luminaries, academics, high ranking government officials and members of Bar and civil society to discuss and formulate joint strategies. Publication and PMU, MOL 39.9 Publication of Frequently Ask Completed. Booklets on 100 Dissemination of Questions, brochures, translation of legal topics (20,000 copies of Public Awareness laws, summaries of laws. each booklet) printed and Material/Products to disseminated. Empower the Poor and the Vulnerable Strengthening PMU, MOL 15.041 To reinforce the working capacity of Data not available as of PCR Operational Capacity the PMU and PPMU to meet the extra preparation. of PMU and PPMU pressure of the recent increase of the pace of the TA Loan implementation. purchased some computer equipment. Punjab Digitization and Lahore High 5.95 1. To equip the library with modern Completed. Procurement was Dissemination of Court facilities like access to legal data completed and consultant hired. Lahore High Court bases through internet and provision Library including of latest books, magazines and legal provision of sound references. For system development, system the services of short term experts were also provided. 2. Purchased of books, computers, scanners, printers, UPS, fax machines, multimedia, photocopying machine, laptop computers, audio system and furniture. Video Conferencing Lahore High 4.361 To solve the problems faced by Completed Facility between Court District courts regarding non- District Jail and production of prisoners before the jail District Courts judges by providing video conferencing system, TV, air conditioner, computers, printer, UPS, etc. Sindh Sindh Ombudsman Sindh 7.925 1. Capacity building of office of the Partly completed. Out of 5 (Mohtasib) Office Ombudsman Sindh Ombudsman through training, consultants, only 3 were hired for Reforms (Mohtasib) automation and conferences. research, studies, organization of 2. Appointment of 5 domestic workshops, and other tasks. consultants for business process analysis, expanding outreach through NGO linkages, expanding communications study, social marketing mohtasib services and setting up of research and development wing. Conduct of two workshops.

44 Appendix 5

Approved Cost (in PRs Name of Scheme Department Millions) Scope of Scheme Status at TA Loan Closing Capacity building of SJA 2.079 To assist the SJA in developing Completed. A Curriculum expert Sindh Judicial capacity to introduce modern training was engaged and the activity Academy–Karachi methodology in its training program was completed. by providing support and introduce development of a in curricula course targeting women for access to development. justice. Capacity building of SJA 2.646 1. To assist in creating capacity to Partly completed. A consultant Sindh Judicial impart training in criminal procedures was engaged. Academy–Karachi in and related law and institutionalize providing training in best teaching practices. Criminal Procedure 2. To provide criminal procedure Code and related expert. laws. Capacity building of SJA 2.646 1. To assist in creating capacity to Partly completed. A consultant Sindh Judicial impart training in civil procedures and was engaged. Academy–Karachi in related law and institutionalize best providing training in teaching practices. Civil Procedure 2. To provide civil procedure expert. Code and related laws. Organizational and SJA 1.465 To review the organizational and Partly completed. A consultant Management Review management aspects of SHC and its was engaged. of Sindh High Court branches vis-à-vis the SHC including its professionalization plan and other Regional Bench at initiatives under AJP including Hyderabad, Sukkar automation plan and recommend and Larkana Sindh organizational restructuring and capacity building. Automation of 4 SHC 25.66 1. To improve and enhance the Substantially completed. 3 Districts of Sindh (95 functionality of the Courts in 4 consultants were hired and courts) Karachi Districts under the Sindh High Court. mostly completed their tasks. South, Karachi Server computers, 4 UPS, 107 audio Central, Karachi equipment sets, 4 generators, 32” West and Thatta LCD monitors, 5 CRT monitors including networking facilities for 95 courts. 2. Caseflow software for the High Court and district court and other practical measures for improving delivery of justice services. Strengthening the SHC 4.115 1. To equip SJA with in-house audio Partly completed. An audio/video Audio Video video facilities for modern training technician was hired and partially Capacity of SJA for techniques. completed his task. Equipment Pre-Service and AJP 2. Includes hiring of audio/video were also purchased. Refresher Training technician, 2 multimedia, 25 microphone sets with recording equipment, 1 videocam recorder, 2 video cameras, 2 laptops and 5 hard disks. NWFP Capacity building of PHC 2.084 1. To promote institutionalization of Completed. Bench Bar Liaison coordination and liaison between Committees/Citizen bench, bar and citizens to ensure Court Liaison efficient and speedy trial of cases. Committees in the 24 Districts of NWFP

Appendix 5 45

Approved Cost (in PRs Name of Scheme Department Millions) Scope of Scheme Status at TA Loan Closing Capacity Building of PHC 1.26 1. To sensitize the Committee Partly completed. Activities were District Criminal members to their mandate. completed but a workshop on Justice Coordination 2. To promote interagency relations provincial level was not Committee (DCJCC) to enhance the effectiveness of completed due to the non- in the 24 Districts of DCJCC. participation of key departments NWFP 3. To conduct 5 seminars. due to peace and order situations. Conduct of Regional PHC 1.6 1. To organize judicial conferences at Completed. and Provincial its four district headquarters and four Judicial Conference regional locations to improve in NWFP. coordination between judicial officers at district and regional levels, as well as to develop guidelines for efficient management and disposal of cases; also to recognize and reward the performance of outstanding judicial officers. Capacity Building of PHC 8.067 1. To assist the Peshawar High Court Partly completed. TIP could not Peshawar High in introducing modern concepts like be completed because of closure Court’s Officers and medium term budgetary framework, of TA loan but three laptop District Judiciary long term expenditure planning, court computers were purchased. Staff in Management automation and other modern and Financial/Fiscal management practices under AJP in Matters. addition to the improvement of internal governance processes. 2. A team of 03 training expert will be hired to carry out training of 70 selected officers of Peshawar High Court and District judiciary. Automation/MIS of PHC 9.37 To increase the efficiency of the Partly completed. 22 desktop Peshawar High Peshawar High Court in monitoring computers were provided to the Court the performance of the judiciary and Peshawar High Court. in making data available to the public sector. Balochistan Capacity building of BHC 3.671 1. To improve the capacity of the Completed. Qazis in Civil Qazis in Balochistan in the Procedure Code application of civil procedures (CPC) and related enabling them to process and decide laws. civil cases more effectively. 2. To engage a civil code expert to conduct training needs analysis, prepare training materials and conduct training for 25 Qazis in Balochistan. Capacity Building for Provincial 2.412 1. To strengthen the Office of the Completed. Task Coordinator the Office of the Ombudsman Balochistan Ombudsman, mobilize appointed and trainings and Ombudsman demand for its services through workshops were conducted; workshops and identify regulatory equipment also purchased problems that weaken the autonomy and effectiveness of the Ombudsman’s office. 2. To engage a Task Coordinator for 3 months to carry out training, workshops. 3. Purchase of equipment

46 Appendix 5

Approved Cost (in PRs Name of Scheme Department Millions) Scope of Scheme Status at TA Loan Closing Capacity Building for BHC 1.491 To educate the DCJCC on their roles Completed. All activities District Criminal and responsibilities to promote completed. DCJCC seminars Justice Coordination understanding, coordination and were held. Committee in the 29 cooperation in the administration of Districts of the criminal justice system. Balochistan Capacity Building for BHC 2.634 To promote general awareness Partly completed. Ten seminars BBLCs/CCLCs in the regarding the role and responsibilities were held. 29 Districts of of the two committees and to improve Balochistan the supply side of justice delivery. AJP = Access to Justice Program, BBLC = Bench-Bar Liaison Committee, BHC = Balochistan High Court, CCLC = Citizen- Court Liaison Committee, CRT = , DCJCC = District Criminal Justice Coordination Committee, FIA = Federal Investigation Agency, IT = information technology, M&E = monitoring and evaluation, MOL = Ministry of Law, Justice, Human Rights and Parliamentary Affairs, NGO = nongovernment organization, NWFP = North West Frontier Province, PCR = program completion report, PHC = Peshawar High Court, PMU = program management unit, PPMU = provincial project management unit, SHC = Sindh High Court, SJA = Sindh Judicial Academy, TA = technical assistance, TIP = technical investment proposal, UPS = United Parcel Service. Note: Out of the 85 TIPs supported under the AJP Program, the AJP PMU was able to provide information for only 28 TIPs. Source: AJP PMU.

B. List of Consultants Recruited

Consultant's Name Description M/S/Bearing Point Automation of Justice Sector Institution Khawaja Muhammad Khan Resource Person, Seminar under TIP "Capacity Building of Districts" Muhammad Khawar Saeed Resource Person, Workshop under TIP "Capacity Building of Bar Liaison Committees Muhammad Iqbal Library Management Consultant (Lahore, Multan, Rawalpindi) Niamat Ullah Babar Task Coordinator, Ombudsman Office, Quetta Shabbir Ahmed Criminal Procedure Code Expert, Sindh Judicial Academy, Karachi Arfeen Mushtaq Consultant, Sindh Judicial Academy, Karachi Ghulam Mustafa Abro Monitoring and Evaluation Specialist, PPMU, Sindh Hidayat Ullah Library Management Consultant, PPMU, Peshawar Muhammad Akbar Khan Provincial Judicial Reforms Management Specialist, Quetta Naveed Iqbal Salman Information Technology Specialist, FIA, Islamabad Abdul Nasir Kakar Civil Procedure Code Expert, Balochistan High Court, Quetta Prof. Muhammad Wali Khan Durrani Budget and Planning Specialist, PPMU, Sindh Syed Mazhar Hussain Kazmi Procurement and Contract Management Specialist, PMU, Islamabad Prof. Iqbal Ahmed Panhwar Social Marketing Expert, Ombudsman, Karachi Prof. Muhammad Yousaf Paradesi Civil Society Expert (Sindh Ombudsman), Karachi Hamayun Zaheeer Ahmad Automation Specialist, PMU, Islamabad Ahsan Suleman Information Technology Specialist, PMU, Islamabad Arif Khan Hardware Network Engineer, Sindh High Court, Karachi S. Maqsood/H. Kazmi Procurement and Contract Management Specialist, PMU, Islamabad Shakeel Ahmed Kazi Senior Application Developer/DBA, Sindh High Court, Karachi Abdul Rasheed Mahar Project Manager, Sindh High Court, Karachi Justice (Retired) Muhammad Civil Procedure Code Expert, Sindh Judicial Academy, Karachi Mujeebullah Siddiqui Muhammad Saud Khan Web Application Developer, PMU, Islamabad Farooq Azam Police Reforms Specialist, PPMU, Peshawar Muhammad Hanif Budget and Planning Specialist, PPMU, Quetta Ch. Israr-ul Haq Training Specialist, National Police Bureau F.B. Sial Report Writing Specialist, PMU/PHC Syed Pervaz Zahoor Police Reforms Specialist, PPMU, Quetta Fahim Ahmed Siddiqui Curricula Development Expert, PPMU, Sindh Wali Khan Durrani Organizational Reform Expert, PPMU, Sindh Appendix 5 47

Consultant's Name Description Naila Masood Research and Development Expert, Sindh Ombudsman Office Justice (Retired) Farrukh Latif Federal Judicial Reforms Management Specialist, AJP, PMU Justice (Retired) M. Naseem Provincial Judicial Reforms Management Specialist, PPMU Chaudhry Arshad Zia Monitoring and Evaluation Specialist, PPMU, NWFP Abdul Ghafoor Resident Architect for Lahore High Court, Lahore Dost Ali Baloch Police Reform Specialist, PPMU, Sindh Syed Aizaz Naseer Legal Empowerment Specialist, PPMU, Punjab Iftikhar Ahmed Budget and Planning Specialist, Karachi, PPMU, Sindh Ashraf Ali Police Reforms Specialist, PPMU, Punjab Ahmad Jameel Monitoring and Evaluation Specialist, AJP PMU, Islamabad

Justice (Retired) Atta-ur-Rehman Provincial Judicial Reforms Specialist, PPMU, Sindh Najmuddin Najmi Monitoring and Evaluation Specialist, PPMU, Punjab Riaz Hakeem Budget and Planning Specialist, PPMU, Punjab Dr. Shafiq Ur Rehman HRD/Training Specialist, PPMU, Quetta Munir Ahmad Communications and Media Specialist, AJP PMU, Islamabad Justice (Retired) Bashir Jahangiri Provincial Judicial Reforms Management Specialist, PPMU, Peshawar Dr. Muhammad Asif Ur Rehman Budget and Planning Specialist, PPMU, Peshawar Ahsan Suleman Information Technology Specialist, AJP, PMU, Islamabad Humayun Zaheer Ahmad Automation Specialist, AJP PMU, Islamabad Mohammad Ali Baloch Monitoring and Evaluation Specialist, AJP PMU, Islamabad Syed Javaid Iqbal HRD/Training Specialist, AJP PMU, Islamabad M/S/ Sustainable Development HR Development/Trainings consultants (PVT) Consumer Rights Commission of Consulting Services for Community Empowerment/Awareness Pakistan Sidat Hyder Morshed Associates Consulting Services for Budget and Financial Reforms (PVT) Ltd. AJP = Access to Justice Program, DBA = database administrator, FIA = Federal Investigation Agency, HR = human resource, HRD = Human Resource Department, NWFP = North West Frontier Province, PHC = Peshawar High Court, PMU = program management unit, PPMU = provincial program management unit, TIP = technical investment proposal. Source: Asian Development Bank Staff.

STATUS OF POLICY REFORMS UNDER THE ACCESS TO JUSTICE PROGRAM

Policy, Legal and Institutional 48 Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status Judicial Reforms 1 IT 2 3 1 IT 2 3 1. Improve policy making for a more Appendix 6 Appendix efficient and citizen- oriented judicial and legal sector that promotes access to justice 1. Introduce amendments X Full compliance. Enacted by Parliament to the Law Commission Ordinance approved in 2002. The LJC, is Ordinance of 1984 to by the Cabinet on 31 performing its functions, improve the administration August 2002 and including administration of justice President gave his of the AJDF. LJC also assent on 9 October acts as secretariat to 2002. the NJPMC. 2. Formalize a national X Full compliance. NJPMC is fully judicial policymaking body NJPMC established functional and recently acceptable to the Chief pursuant to Cabinet adopted the National Justices Ordinance (31 August Judicial Policy for 2009. 2002) and Presidential assent (9 October 2002) 2. Strengthen judicial independence by implementing separation of the judiciary from the executive at all levels and ensuring that mandates of the judiciary are adequately funded Judicial independence Full compliance. 3. Declare a policy to X examine the laws relating to Tribunals and Special Courts to ensure their functioning is consistent with the established principles of justice.

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 1. Ensure that the X Full compliance. National Judicial Policy adjudicatory powers of the Required under Local (2009) calls for the executive magistrates are Government transfer of control and transferred to the Ordinance (2001). administrative judiciary. supervision over special courts/tribunals to the judiciary. 2. Operationalize medium X Substantial All provinces have term budget framework at compliance. MTBF adopted a MTBF with a Federal and provincial for the Lahore and formula for allocation to levels for judicial sector, Peshawar high courts the lower courts. providing formulas for are in operation and allocations to the lower are being used to courts. make allocations. The MTBFs for the Balochistan High Court and Sindh High court have been submitted to the provincial departments of finance, who have issued commitment letters indicating that future allocations will be guided by the MTBF. Resourcing of Judicial Full compliance. Mandates 4. Announce decision to X include the judicial sector in the medium- term budget framework for federal and provincial governments. 5. Announce a decision in X Full compliance.

principle to establish the 6 Appendix AJDF with distinct allocations for separate windows for legal empowerment, judicial development, Federal Judicial Academy,

innovations in legal 49 education, and research and development. Policy, Legal and Institutional

Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 6. AJDF will be X Full compliance. The AJDF has been established with an The Government fully operationalized and is 50 endowment of $24 million funded the ADB and being administered by to be paid in two tranches released $1 million for the LJC. As of June of $12 million each during FY2003. 2009, it has the month of July in FY accumulated significant 6 Appendix 2002-03 and FY 2003-04. amount of profits In addition, of $1 million through investments, will be released during the some of which have month of July 2002 for the already been disbursed purposes of the AJDF, to 3 of the 7 AJDF and until then no amounts windows (See Appendix will be spent from the 4). AJDF. Rules of ADJF will be finalized by July 2002. 7. Agreement by X Full compliance. Budget allocation to the provinces and High Courts Province budgetary judiciary has increased on increments of allocations for 2003 in real terms and as a additional budget were satisfactory. percentage of the allocations in real terms Federal government overall budget. See by province to judiciary committed to invest Appendix 1. over five year period more than PRs10 (2003-2008) billion in the judicial sector over 10 years. Provincial finance departments agreed to increase budgetary allocations, in real terms, for high courts over 3-5 years. 3. Ensure expeditious and inexpensive justice through (i) efficiency, (ii) improved facilities, (iii) introduction of alternative dispute resolution (ADR), and (iv) more effective ombudsman services Delay reduction Full compliance. Very few AM 8. Local Government X established and most Ordinance: Anjuman remaining non- Masalihat enacted. functional

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 9. Enact and bring into X Full compliance. Notification of small force ordinance to Small claims and claims and minor establish small causes minor offences courts offenses courts became courts. Ordinance XXVI effective on 15 July (2002) enacted (July 2004. Ordinance has 19, 2002) been superseded by a new law, which does not require separate SMOC courts. Thus no SMOC courts established and very few SMOC cases appear to have been filed. 10. Enact amendments to X Full compliance. Amendments became the Family Court Act, to Promulgated by effective in 2002 speed resolution of all President vide family disputes. ordinance (Family Courts [Amendments] Ordinance No. LV of 2002) 1 October 2002. 11. The MOL will initiate a X Full compliance. study of law relating to habeas corpus, particularly forums before which petitions for habeas corpus can be filed. 12. Based on X Full compliance. The Code of Criminal recommendations of the Necessary legislative Procedure has been habeas corpus study, changes promulgated amended. Powers to enact legislative changes and published in the deal with habeas corpus as necessary Official Gazette on 9 applications is provided February 2002 as to session judges. Ordinance VIII of 2002. See also

Amendment to 6 Appendix Section 100, Criminal Procedure Code 13. MOL will announce X Full compliance. policy to introduce court- annexed ADR. 14. Announce review of X Full Compliance

Arbitration Act. 51

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 3. The Law Commission X Full compliance. 52 and High Courts will Comprehensive delay evaluate separately and reduction study make public analysis of completed in May efficiency and equity 2007. Study 6 Appendix impacts of ADR, and small concluded that ADB causes courts, AMs and measures have been delay reduction slow to yield the procedures (delay desired results. A reduction study) to inform report on the study, sector policy and resource and related allocation and make recommendations, recommendations for was issued to the four changes. high courts for implementation. 4. Each high court will X Full compliance Guidelines for delay finalize and approve a reduction recently program for delay issued under National reduction and commence Judicial Policy (2009) implementation during FY2003. The program should include: (i) guidelines on delay All high courts have reduction for all courts, issued delay reduction guidelines for district courts. Each court has taken steps to address delay reduction. Provinces participated in the delay reduction pilot projects where new techniques were introduced with good results (See Appendix 1).

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 (ii) dedicated full-time 10 commercial benches for commercial benches are cases in the Lahore and functional in Lahore Karachi High Courts. and 4 in Karachi. These benches deal exclusively with commercial cases in Karachi. In the Lahore high court this has not been possible due to the lack of required strength of judges (out of 50 positions, only 38 filled (December 2004). As a more effective measure, Government intends to issue legislation to establish a federal court with provincial benches I each capital city that would have exclusive jurisdiction to handle commercial cases and act as court with both original and appellate jurisdiction. Cases would be shifted from the high court. (iii) adequately resourced High courts have process executing agency issued instructions to in all courts and a law streamline the

enacted to criminalize working of process 6 Appendix intentional failure to carry servers through out court orders on senior civil judges. service process and Additional resources production of witnesses, have been sought and from provincial finance departments.

In Punjab and Sindh, 53 requests have been submitted for salaries, posts, and utilities.

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 Provincial 54 governments have committed existing provisions of the Pakistan penal 6 Appendix code in case of intentional failures. (iv) performance-based All high courts have incentives to support introduced adoption of delay performance based reduction procedures. monetary and non- monetary incentives. 5. Each province to X Full compliance. prepare and approve a Orders for the phased plan to establish separation of civil and separate civil and criminal criminal courts have courts in consultation with been issued and the relevant agencies. some provinces have commenced establishing separate courts. Four high courts have prepared detailed implementation plans which has been approved by provincial authorities. 6. Substantial compliance X Full Compliance. and implementation of the About 65% of approved phase plan in subordinate courts each province for perform either civil or separation of civil and criminal work criminal courts. exclusively. Separation is complete in all districts of Balochistan and 65% of the courts in NWFP. 59% of the courts in Sindh and 60.8% of the courts in the Punjab deal exclusively in criminal or civil matters. Law Reforms Bill now requires this separation.

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 In Balochistan, the separation is effective and courts are fully operational. In Punjab, Sindh, and NWFP, separation has been effected in major districts only since 2002 due to shortage of judges and heavy case workloads. Ombudsman Full compliance. Wafaqi Mohtasib has 15. MOL and the X Federal and adopted and is Department of Laws provincial laws implementing (DOLs) will reexamine provide for security of performance targets to and, where necessary, tenure–Ombudsman expedite investigations amend the Ombudsman can not be removed and resolution of Laws to provide for arbitrarily. Provinces complaints – a disposal greater independence and have confirmed rate of 40 complaints security of tenure of the statutory timelines for every month which Ombudsmen, and complaints disposal. need to be disposed of improved grievance AJP prepared model within 90 days. procedures. law for district Investigation processes ombudsman. have been divided into 6 phases to help investigators finish their tasks more effectively. Mediation is being actively pursued. 43% of cases disposed of were mediated (9,263 cases out of 21,368 cases). 16. Federal and provincial X Full compliance governments will Notification issued on

designate and publicize a 30 September 2002 6 Appendix Joint Secretary or a senior designated principal officer in all federal officers to deal with departments as 'Principal public grievances. Officer' for dealing with public grievances.

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 56 1 IT 2 3 1 IT 2 3 4. Legal empowerment of vulnerable poor Appendix 6 Appendix through civil- society led legal literacy, social audit, advocacy, and public interest litigation initiatives. 17. Enact and bring into X Full compliance force laws for Freedom of All three laws have Information, Contempt been approved by the and Defamation. Cabinet. Contempt Ordinance promulgated vide Ordinance LVI of 2002; Freedom of information approved by Cabinet on 21 September 2002, Contempt Act Approved by Cabinet on 125 September 2002; Defamation Law promulgated vide LVI of 2002, dated 1 October 2002. 7. For the convenience of X Full compliance. Phased programs have the public, simplified The Law and Justice been announced in explanations of new Commission provincial governments federal and provincial laws periodically publishes for setting up Urdu will be published in Urdu simple explanations translation units. from July 2003. of laws in Urdu. In the Balochistan already NWFP and publishes laws in Urdu. Balochistan, all laws are drafted and Two posts – chief published in Urdu. translator and computer Sindh and Punjab operator – have been have been provided created. In NWFP, Urdu with additional is the official medium of resources to instruction. Sindh is strengthen their planning on setting up translation wings. an Urdu Unit. Chief Minister Punjab has approved establishment

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 of Urdu units in the provinces. 8. Formulate and approve X Full compliance. Information kiosks have a time-bound and costed High courts prepared been set up in all model (CCLP for implementation and endorsed CCLP districts and are being beginning FY2003. The plans to establish replicated in other Plan should include, information centers at districts .Citizen court among other things, every district court liaison coordination establishment of complex, constituting committee has been set information centers, and bench-bar liaison up in NWFP. Bench bar launching of public committees to look and criminal justice information campaign. into complaints of coordination litigants at high and committees (except district court levels, Malakand) have been comprising set up. Punjab and representatives of the Sindh are not judiciary and the bar; establishing citizen launching public liaison committees. In awareness and Balochistan, notification community legal for the citizen court education campaigns. liaison committee All high courts have issued in September issued time bound 2002. and costed programs for increased liaison with citizens and are committed to augmenting citizen court relations in the future. 18. Enact and bring into X Substantial force consumer protection compliance. laws and adequately Consumer protection resource institutional laws have been framework for enacted in all of the enforcement of these provinces. Consumer

laws. protection has been 6 Appendix entrusted to the provincial departments of industry in Balochistan, NWFP and the Punjab and the department of 757 agriculture in Sindh. These provinces are providing adequate

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 budgetary resources 58 for running the secretariats of the consumer protection councils. Consumer 6 Appendix courts with jurisdiction to hear consumer related cases have been established in all four provinces. Consumer councils have also been formed in all provinces except Sindh. 19. Re-examine immunity X Substantial Corruption has of public servants and compliance. increased in Pakistan. establish legal and Progress has been In 2001, the Corruption institutional framework to made in establishing Perception Index. 2001 hold public servants the legal framework CPI score was 2.3 and accountable and liable for for accountability in Pakistan's rank at 79. omissions and the public service. Corruption Perception commissions. The Removal from Index for 2008 CPI Service Ordinance score of 2.5 and (2000) curtails the Pakistan's rank at 134 immunity of public (see 2008 CPI Table. servants to some Transparency extent. Government International has proposed the www.transparency. Law Reforms Bill org.pk. 2007, which has been approved by the National Assembly and before the Senate– this bill redefines good faith to remove immunity for negligent acts by public servants. High courts have designated tort court and nominated judges in each district to hear tort cases against public servants.

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 20. Announce the decision X Full compliance. Although established, to establish a legal fund has not yet been empowerment fund under operationalized. AJDF to (i) promote legal literacy through information campaigns using different media; (ii) advocacy for the rights of the poor and disadvantaged, especially women, and (iii) public interest litigation. 21. Enact law that all X Full compliance. regulations and circulars Amendment having the effect of law promulgated in the will be published in the General Clauses Act Gazette. XXXIII of 2002 effective 27 July 2002 (Amendment Ordinance 2002). 22. Establish at least one X Full compliance. Lahore and Karachi adequately resourced Environmental Tribunals Environmental Tribunal in are functional and fully Sindh and Punjab as staffed and both are provided for under receiving and Environment Protection addressing complaints Act of 1997. under the EPA. 23. Establish at least one X Full compliance. Vacancies in the adequately resourced Tribunals have been compositions of Environmental Tribunal in notified with Tribunals exist but vital Balochistan and NWFP as budgetary allocations. positions have been provided for under filled enabling them to Environment Protection receive and act on Act of 1997. complaints.

24. Eliminate conflict of X Full compliance. 6 Appendix interest by appointing Requisite action separate individuals to completed in all head EPA and Provincial provinces except environmental Punjab, where the department, or an Governor has alternative as may be approved a summary

mutually agreed. to this effect and an 59 officer is being appointed to head the EPA. Under the LGO,

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 key province 60 responsibilities have been devolved to districts. 25. Policy commitment to X Full compliance. 6 Appendix publish simplified explanations in Urdu of all new laws 5. Improving judicial governance: introduction of professional management, citizen orientation, greater transparency and accountability. 26. Enact law or make X Full compliance. rules or issue instructions or orders whereby one or more High Court Judges are designated or nominated by the Chief Justice of the High Court to devote time mainly for the purposes of coordination of functions of the Member Inspection Team (MIT) and monitor performance and investigation of complaints regarding the subordinate judiciary. Such judge or judges will be responsible to the Chief Justice and will perform functions which will be subject to such instructions and orders that the Chief Justice of the High Court may deem appropriate.

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 9. Each High Court will X Full compliance finalize a time bound and costed action plan for professionalizing its management to begin implementation in 2003. 10. To enhance X Full compliance. All While annual reports performance, high courts high courts have are being published, will publish annual reports published annual quality varies and there and hold annual reports for 2002 and is not a set of agreed conferences at the district 2003. Provincial and upon indicators. Thus and provincial level, and district conferences difficult to track superior courts to hold a were held in 2003 performance national conference. and are planned for consistently. A lot of 2004. national judicial reforms are not being conference scheduled monitored (e.g. gender for 2005 mainstreaming). Monitoring is not being done on a consolidated basis. 11. To enhance Full compliance. performance, at least one external audit of all superior courts will have been conducted. In case of subordinate courts, annual external audit to cover a random sample of 15% of subordinate courts. 12. Inspection of all district Full compliance. courts to be completed by High court member each High Court. inspection teams conduct ongoing performance inspections of

subordinate court 6 Appendix judges. Inspection notes reviewing performance and making recommendations are issued after each

inspection. 61

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 27. Amend Law Reports X Full compliance. 62 Act to clarify and limit Cabinet approved on judicial discretion in the 21 September 2002 publication of judicial and President gave decisions. his assent on 7 6 Appendix October 2002. 6. Human resource development for efficient, citizen oriented, and better quality judicial service delivery. 28. Announce a policy to X Full compliance. establish centers of excellence in legal education. 29. Announce decision to X Full compliance. establish a Fund for Innovation in Legal Education to encourage improvements in legal education. 13. Enter into Full compliance. arrangements for a center Sponsored by the for excellence in legal Higher Education education that is Commission, project technically and financially document for the sustainable and has a establishment of the positive regard for social National Law equity. University (NLU) at a cost of $6.92 million, was approved by the Central Development Working Party on 21 March 2006. Campuses will be established in Lahore, Karachi, and Islamabad and later in Peshawar and Quetta. Project documents provide that institution should benefit those coming

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 from disadvantaged backgrounds and women. To attract high quality faculty, provisions have been made for competitive remuneration packages and fellowships for doctoral degree programs in foreign universities. 30. Declare policy to X Full compliance. increase number of National workshop on women judges. this policy action was held in September 2002. Government announced a gender affirmative policy and phased program in August 2004. 14. Institute improve Full Compliance. incentive and sanction High courts have systems for the judiciary developed a through: performance based bonus scheme but (i) adoption by each High need technical Court of improved support to revise performance standards criteria. Special which will be linked to judicial allowances career progression are approved by all (ii) improvement of terms provinces to and conditions for judicial substantially augment services at the remuneration subordinate level by each Balochistan has provincial government; adopted new

and recruitment guidelines 6 Appendix while Sindh has (iii) adoption, by each prepared a set of provincial government of recruitment transparent recruitment procedures for procedures for approval. subordinate judiciary. 15. Announce and Full compliance. The overall % of female approve a policy and judges in Pakistan is 63 program of affirmative less than 7% of all opportunity to remove judges

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 barriers to entry and 64 encourage women to enter the legal and judicial professions by revision of service rules, training and 6 Appendix public information campaigns. 16. Implement the X Full compliance. program of affirmative opportunity. 31. Announce policy to X Full compliance. review terms and conditions of services of subordinate judges together with transparent recruitment procedures consistent with judicial independence. 32. Declare a policy to fill X Full compliance. all vacancies in the subordinate courts within 120 days of their falling vacant. Police Reforms 1. Ensure that the police is insulated from political as well as non-political interference and can act in an independent and professional manner while fully accountable for all its responsibilities and acts. 1. Amend the Police Act of X Full compliance. Law amended in 2004 1861 to allow for President issued and 2005 and reforms establishment of PSCs. Police Order overturned. (President's Order No. 22 of 2002) on 14 August 2002 to reconstruct and regulate the police, provide for an independent complaints authority

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 within public safety commissions. 2. Enact and bring into X Full compliance. Reforms overturned force a new Police Ordinance that, among other things, provides for: (i) PSCs for insulating the police from political interference and holding the police accountable to PSCs; (ii) an independent complaints authority against the police; and (iii) reorganization of the police on functional lines with a separate wing for inspection. 1. Each province to X Full compliance. establish and adequately Steps were taken to resource 50% of all establish DPSPs in all DPSCs. 105 districts of the country. 2. Each province to Substantial In Punjab, 29 out of 35 establish and adequately Compliance. DPSCs are functioning. resource PSCs in The composition of In Sindh, the process is substantially all districts PSPCC was changed ongoing (some to include categories of members parliamentarians. In have been completed Punjab, there are 35 for 22 out of 24 districts. Members DPSCs), 22 out of 29 from federal and DPSC are functioning. provincial legislatures In Balochistan, in have been appointed NWFP, DPSCs for 22 of for 34 districts, 24 districts have been members from the notified. No DPSC has 6 Appendix district councils have formulated an annual been appointed for 32 report. There has not districts and been any external audit independent of police expenditures. members for 29 districts. In NWFP DPSCs remain partially there are 24 districts. functional. Members 65 Members from federal have little or no sway and provincial over the police. No

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 legislatures have consolidated data is 66 been appointed for 23 available on complaints districts and members heard in DPSCs. from the district council for 22 At the provincial level, 6 Appendix districts. Selection commissions are not panels for functional. The federal appointment of PSC has been created independent but is not able to members for 29 exercise its mandate. districts. In NWFP there are 24 districts. Members from federal and provincial legislatures have been appointed for 23 districts and members from the district council for 22 districts. Selection panels for appointment of independent members have been notified for 23 districts. In Balochistan there are 29 districts. Members from federal and provincial legislatures have been appointed for all districts, members from district councils for 20 districts, and independent members for 6 2. Improving the Capacity has not visibly capacity of the police improved. In Punjab, a to investigate and course for investigations prevent crime and the is being conducted. maintenance of public Punjab is contemplating order. the purchase of mobile forensic science laboratories. There is an attempt to reorganize provincial forensic

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 science agencies in Punjab. Laboratories for the National Forensic Science Agency are being acquired. 3. Re-affirm policy to carry X Full compliance. out investigations in accordance with law and while respecting the rights of the accused. 4. Policy announced to X Full compliance. Law remains vague and prevent interference in this practice will investigation by senior continue unless there is staff, PSCs, etc. legal clarity. There have been complaints of interference of investigations by District PSCs in Punjab. District PSCs claim that the police cover abuse by claiming protection of an investigation. 3. Costed and time-bound X Full compliance. plan approved to enhance Implementation has police performance, begun including forensic facilities, criminal investigation, police capacity and training. 4. Implementation of the X Substantial plan to enhance police compliance. performance is underway Significant in accordance with the investments were plan. made to augment the capacity of federal and provincial police

departments. AJP 6 Appendix resources have been used to strengthen the newly established separate investigation wing, to establish forensic facilities,

build capacity of 67 police officials, and

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 strengthen the police 68 records and office management system 3. Establish an independent 6 Appendix prosecution service to ensure that cases fit for trial are pursued and to counter-check quality of police investigations 5. Provincial governments X Full compliance. All to announce by 30 June provinces have 2002 a phased program to announced the establish IPS. establishment of IPS. The Federal Cabinet approved Prosecution Services Ordinance on 18 October 2002. Balochistan government enacted an IPS law in 2003 and NWFP adopted an IPS law in August 2004. Provinces have separated the prosecution wings from the police and placed them within the home/law department depending on the provincial arrangements. 6. Implementation of the X Full compliance. phased plan to establish Adequate budgetary the independent resources have been prosecution service. provided to all provinces. Some public prosecutors have been retained and arrangements are being made for recruitment of new public prosecutors.

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 4. Improved accountability and transparency of police achieved through independent investigation of complaints against police. 7. Establish and X Full Compliance. Police complaints adequately resource the authority is not police complaints functional in any authority. province. 5. Improved liaison between police and citizenry achieved through institutionalized forums for exchange. 5. Establish legal X Full compliance. framework for CPLCs. Police order 2002 provides for citizen police liaison committees. 8. CPLCs established in X Full compliance. CPLCs have been each provincial capital. CPLCs are notified in established in Quetta, all provincial capitals. Karachi, Lahore, Peshawar, Faisalabad and Sialkot, Punjab. Peshawar is not operationalized. 9. CPLCs established in X Waiver. Condition No progress. substantially all districts. drafted before adoption of amendments to Police Order (2001). Condition takes

supply side approach 6 Appendix while law focuses on demand as expressed by civil society. 6. Public awareness and protection of

rights. 69 6. Announce human rights X Full compliance. and gender sensitization policy for the police.

Policy, Legal and Institutional Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status 1 IT 2 3 1 IT 2 3 10. Reward and sanction X Full compliance. 70 performance systems Systems are established within police substantially forces to promote citizen operating in all four orientation, human rights provincial police 6 Appendix and gender sensitization. forces. Provinces have introduced measures including performance based monetary allowances, gender specific training, service penalties for failure to register first information reports and for misconduct, cash awards and promotions for well performing officials and appointment of special duty officers in police stations to ensure decent and proper interaction with citizens. ADB = Asian Development Bank, ADR = Alternative Dispute Resolution, AJDF = Access to Justice Development Fund, AM = Anjuman Masalihat , CCLP = Citizen Court Liaison Plans, CPLC = Citizen Police Liaison Committee, DOLs = Department of Laws, DPSC = District Public Safety Commission, EPA = Environmental Protection Agency, IPS = Independent Prosecution Services, LGO = Local Government Ordinance (2001), LJC = Law and Justice Commission, MA = Masalihat Anjuman, MOL = Ministry of Law, Justice, Human Rights and Parliamentary Affairs, MTBF = Medium Term Budget Framework, NJPMC = National Judicial Policy Making Commission, NWFP = North West Frontier Province, PSC = Public Safety Commission, PSPCC = Public Safety and Police Complaint Commissions, SMOC = small claims and minor offenses court.

1 Websites of most implementing agencies have not been updated since 2006. ADB gathered updated information with the help of national consultants. a All first tranche conditions were complied with.

Appendix 7 71

EVALUATION OF AJP UNDER PROGRAM FRAMEWORK

Key Design Performance Outcome REL EFTV EFCY SUS Verification Indicators Elements Goal: Contribute Enhanced policy and 2 2 1 1 Law and More than 50 to Poverty legal foundation for regulations laws and reduction and judicial and police enacted regulations good governance agencies at Federal, enacted through improved provincial and local rule of law government levels, Evaluation of Performance securing (i) judicial performance of of the independence and public institutions judiciary has greater transparency; established and improved. No (ii) better citizen-state functioning data available relations; (iii) more according to legal about other durable public mandates judicial institutions responsible institutions or for delivery of justice. police. Access to justice Laws Good performance. A legal promulgated, progress in framework and plan of police and action adopting laws action for justice reforms plans declared, (more than resulting in more decisions taken 50). effective and efficient by the courts delivery of justice Improvements impacting positively on Annual reports in the all citizens, particularly judiciary, the vulnerable poor. while public perception of police has declined.

Citizen and Investor investor protection perception indicators has surveys not changed although Pakistan's ranking has improved from 19 to 24 (Doing Business)

Not available

Overall good progress (See Appendix 1).

Benchmark performance surveys

Monitoring of case backlog

72 Appendix Key Design Performance Outcome REL EFTV EFCY SUS Verification Indicators Elements -greater judicial 3 2 2 2 Public independence perception has improved

-dramatic decline in 2 0 0 0 Increased political interference with corruption police services - enhanced institutional 2 2 1 1 Data not arrangements for holding available but public servants police accountable for violation accountability of citizen rights and arrangements entitlements do not appear to have improved. -greater public 2 2 2 1 Data not engagement in planning available, and monitoring although performance of judicial, greater police and administrative transparency service delivery in judicial performance. Judicial independence 4 2 2 2 Investor and independent confidence accountability institutions indicators fostering predictability, have not timely and impartial rule changed of law conducive to although investor confidence ranking of Pakistan has improved Resource/sector Good management progress in terms of Improved budget 3 2 2 2 Annual federal judiciary but planning, expenditure and provincial budget not and accountability budgets broken down procedures resulting in in annual greater consistency Monitoring reports between institutional increase in non- responsibilities for justice salary delivery and allocation of expenditures fiscal and human resources To improve Laws and regulations 2 2 1 1 New laws and More than 50 access to justice enacted, consistent with regulations new laws and so as to (i) the constitution, to carry regulations provide security out reform policies for enacted (but and ensure equal judiciary and police. major police protection of law reforms to citizens, in Improved efficiency, 2 2 2 2 revoked) particular the timeliness and poor; (ii) secure effectiveness in judicial and sustain and police services entitlements and thereby reduce Greater equity and 2 1 1 1 Evaluation reports Reports the poor’s accessibility of judicial on impact of outdated but vulnerability; and police services reforms on show

Appendix 7 73 Key Design Performance Outcome REL EFTV EFCY SUS Verification Indicators Elements (iii) strengthen costing and delay improvement legitimacy of Improved predictability 2 2 1 1 reduction in state institutions; and consistency judiciary and (iv) create between fiscal and conditions human resource Public surveys on Judicial conducive to pro- allocation and mandates perception of performance poor growth by of reformed judicial and judiciary and has improved fostering police institutions police while police confidence of performance investors. Greater transparency 2 1 1 1 Allocation of appears to and accountability in resources to have performance of judiciary police and declined. and police judiciary

Analysis of Improved for performance both reports (judiciary and police)

Analysis of Reports only external audit available from reports judiciary

Subtotal outcome 2 2 1 1 Total 2 2 1 1 REL = relevance, EFTV = effectiveness, EFCY = efficiency, SUS = sustainability. Note: The assessment weightings set forth in Appendix 8 should be applied to the ratings in this table. Using these weightings, the AJP receives an overall rating of 1.5 (Partly Successful) Source: Asian Development Bank Staff.

74 Appendix 8

ASSESSMENT OF ACCESS TO JUSTICE PROGRAM

Criterion Weight Definition under Rating Rating AJP Score (%) ADB Guidelines Description Value Rating 1. Relevance 20 Relevance is the Highly relevant 3 2 (overall) 0.4 consistency of a project’s Relevant 2 impact and outcome with Partly relevant 1 the government’s Irrelevant 0 development strategy for the country, and the Asian Development Bank’s strategic objectives at the time of approval and evaluation and the adequacy of the design. Factors considered (1) Consistency with 3 country’s overall development strategy (2) Consistency with 2 ADB's assistance strategy (at processing and evaluation) (3) Importance of 3 contextual context (funding needs, etc.) (4) Importance of policy 3 objectives to meet critical development constraints (5) Reform ownership 2 (6) Validity of the 2 diagnosis (7) Was formulation and 2 design relevant to achieving objective? (including adequacy and quality of risk analysis) (8) Was program capable 1 of being evaluated? 2. Effectiveness 30 Effectiveness describes Highly effective 3 2 0.6 the extent to which the Effective 2 outcome, as specified in Less effective 1 the design and monitoring Ineffective 0 framework, either as agreed at approval or as subsequently modified, has been achieved. Factors considered (1) extent to which the 2 main program objectives were achieved (using See also Appendix 7). (2) extent to which the 3 political economy context was conducive to the achievement of the program outcome (3) extent to which the 3 program contributed to fulfilling key policy goals

Appendix 8 75

Criterion Weight Definition under Rating Rating AJP Score (%) ADB Guidelines Description Value Rating (4) extent to which the 3 program contributed to fulfilling key financial goals and objectives (5) extent to which the 1 program and associated TA contributed to fulfilling institutional development objectives (6) extent to which social 1 objectives were met (7) extent to which the 2 program contributed to the continuity of the reform process 3. Efficiency 30 Efficiency describes, ex Highly efficient 3 2 0.6 post, how economically Efficient 2 resources have been Less efficient 1 converted to results, using Inefficient 0 the economic internal rate of return, or cost- effectiveness, of the investment or other indicators as a measure and the resilience to risk of the net benefit flows over time. Factors considered (1) Social economic 2 benefits of major reforms are, or are expected to be substantial (2) socio economic 2 benefits exceed costs (3) costs were effective 1 compared with social objectives achieved (4) financing was provided 2 in a timely manner (5) transaction costs of 2 providing assistance were a cost effective use of assistance (cost of providing assistance less than for contemporaneous operations) (6) net economic returns 1 from reform operations (7) Public expenditures 2 made adequate provision to meet the government’s portion of adjustment costs 4. Sustainability 20 Sustainability considers Most likely 3 1 0.2 the likelihood that human, Likely 2 institutional, financial, and Less likely 1 other resources are Unlikely 0 sufficient to maintain the outcome over its economic life.

76 Appendix 8

Criterion Weight Definition under Rating Rating AJP Score (%) ADB Guidelines Description Value Rating (1) absence of major 1 policy reversals (progress mixed) (2) continued borrower 1 commitment to objectives demonstrated through post program implementation and related measures (progress mixed) (3) social political support 2 for the program (4) adequacy of 1 institutional arrangements for implementing agreed upon reforms (5) conducive political 1 setting (stable and supportive) (7) conducive 1 macroeconomic setting (8) degree of reform 1 resilience (to changing financial, social, economic and political conditions) Overall Highly successful: Overall weighted average is greater than or equal to Total 1.8 Assessment 2.7. (weighted Successful: Overall weighted average is greater than or equal to 1.6 and average of above less than 2.7. criteria) Partly Successful: Overall weighted average is greater than or equal to 0.8 and less than 1.6. Unsuccessful: Overall weighted average is less than 0.8. AJP = Access to Justice Program. Notes: Performance rating follows the ADB Guidelines for Preparing Performance Evaluation Reports for Public Sector Operations. January 2006.

Appendix 9 77 STATUS OF COMPLIANCE WITH AJP LOAN COVENANTS

Relevant Section in the Loan Agreement Particular Covenants per Loan Agreement Status of Compliance Loan 1897-PAK Article IV Particular Covenants Section 4.01 (a) The Borrower shall cause the program to be Substantially complied with. The program carried out with due diligence and efficiency and was carried out with due diligence and in conformity with sound administrative, financial efficiency and in conformity with sound environmental, judicial and police practices administrative, financial environmental, and judicial powers. However, several police policies have not been effectively implemented. Section 4.01 (b) In carrying out of the program and operation of Substantially complied with. The Borrower the program facilities, the Borrower shall perform, performed most of its obligations set out in or cause to be performed all obligations set forth Schedule 5 of the Loan Agreement with in Schedule 5 to this Loan Agreement. the exception of police reforms. Section 4.02 The Borrower shall make available, promptly as Substantially complied with. All available needed, the funds, facilities, services, land and resources were provided for the operation other resources which are required, in addition to and maintenance of the program. the proceeds of the Loan, for the carrying out of However, based on pervasive capacity the program and for the operation and constraints, services were not promptly maintenance of the program facilities. provided to the provinces. Section 4.03 The Borrower shall ensure that the activities of its Complied with. departments and agencies with respect to the carrying out of the program and operation of the program facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04(a) The Borrower shall maintain, or cause to be Partly Complied with. Documents/records maintained, records and documents adequate to were not maintained adequately to identify identify the Eligible items financed out of the the eligible items financed out of the proceeds of the Loan and to indicate the proceeds of the loan (notably AJDF) and progress of the program. to indicate the progress of the program. Section 4.04 (b) The Borrower shall enable ADB’s representatives Complied with. to inspect any relevant records and documents referred to in paragraph (a) of this Section. Section 4.05 As part of the reports and information referred to Complied with. in Section 7.04 of the Loan Regulations, the Borrower shall furnish, or cause to be furnished, to ADB all such reports and information as ADB shall reasonably request concerning the implementation of the program, including the accomplishment of the targets and carrying out of the actions set out in the Policy Letter. Schedule 5–Program Implementation and Other Matters Program Implementation 1(a) The Borrower shall ensure that the policies Substantially complied with. The Borrower adopted and actions taken prior to the date of was unable to ensure that police reforms this Loan agreement, as described in the Policy were effectively implemented since police Letter, including the Policy Matrix attached to it, as a subject. continue in effect for the duration of the program period and subsequently. 1(b) Promptly adopt or cause to adopt the other Complied with. policies and take other actions indicated in the program specified in the Policy Letter and the Policy Matrix, and ensure that such policies and actions continue in effect during the program period and subsequently. 2 The MOL shall be the program executing agency Substantially complied with. MOL was with the PMU headed by a full-time Director/Joint unable to maintain full time staff. Due to Secretary, a Deputy Secretary and support staff. slow disbursements of the Project loan, At the federal level, the implementing agencies provincial PMUs were established. shall be (i) the Law Commission, (ii) the Federal Ombudsman, (iii) the Federal Judicial Academy, and (iv) the Ministry of Interior. At each provincial

78 Appendix 9 Relevant Section in the Loan Agreement Particular Covenants per Loan Agreement Status of Compliance level, the provincial implementing agencies shall be the Departments of Law and Home, reporting to the Provincial Planning and Development Board/Department which shall coordinate the program activities within the province. The Law Department shall also be responsible for program activities concerning the High Courts, the independent prosecution services and the Ombudsman. The Home Department shall also be responsible for program activities concerning the police and public safety commissions. 3 The NPRCC shall review and coordinate the Partly complied with. The NPRCC rarely overall progress, and the PPRC shall review and met, and both NPRCC and PPRC were coordinate progress at the provincial level. The not fully constituted, for example, they had chairperson of the NPRCC shall be the Secretary no Bar and civil society representation. of the Ministry of Law. The NPRCC shall comprise one representative of each of the provincial High courts to be nominated by their respective Chief Justices, the Secretaries of the Ministries of Law, Finance and Interior, the Director General/Secretary of the National Public Safety Commission, each of the Secretaries of the provincial law departments, one representative nominated by the Pakistan Bar Council, the Director General of the Federal Judicial Academy, one representative of the Law Commission, one representative of the Federal Ombudsman, and one representative of civil society nominated by the Federal Law Minister. The PPRC shall be headed by the chairperson of the Provincial Planning and Development board or the Additional Chief Secretary (Development) of the Provincial Planning and Development Department. The PPRC shall comprise the Secretaries of departments of Law, Finance and Home, the High Court Registrar, the provincial Inspector General of Police, the secretary of the Provincial Public Safety Commission, two representatives of subordinate courts to be nominated by the chief Justice of the High Court concerned, and one representative of civil society appointed by the Governor. Policy Dialogue 4 The Borrower shall keep ADB informed of, and Complied with. the Borrower and ADB shall from time to time exchange views on, the progress made in carrying out the program. 5 The Borrower shall continue timely policy Partly complied with. Although issues dialogue with ADB on problems and constraints were raised and discussed during annual encountered during implementation of the reviews and fortnightly review meetings, program and on desirable changes to overcome the Borrower did not proactively identify or mitigate such problems and constraints, and and mitigate problems and constraints in on further reforms to strengthen the judicial and reform implementation. police sector. 6 The Borrower shall keep ADB informed of the Partly complied with. The Borrower did not outcome of policy discussions with other proactively engage in policy dialogue with multilateral and bilateral aid agencies that have multilateral or bilateral aid agencies but implications for implementation of the program, where it did, there was little effort to and shall provide ADB with an opportunity to engage ADB except where the TA grant comment on any resulting policy discussions. was also part in such dialogue. Review and Evaluation of the Program 7 Without limiting the generality of Section 4.05 of Substantially complied with. The judiciary this Loan Agreement or paragraphs 4 to 6 of this was not updated. Schedule, to facilitate review by ADB of the progress in the implementation of the program,

Appendix 9 79 Relevant Section in the Loan Agreement Particular Covenants per Loan Agreement Status of Compliance the program executing agency shall assist ADB by providing relevant data and information in such detail as ADB may reasonably request. 8 Annual performance reviews shall be conducted Complied with. just prior to the beginning of each new fiscal year during the program period according to the review schedule as agreed upon between the Borrower and ADB. The review process shall assess (i) compliance with second (and subsequent) tranche conditions, (ii) progress towards compliance with subsequent tranche conditions, and (iii) progress on complementary activities agreed upon between the borrower and ADB. The review process shall occur each year beginning at district level during May to June as mutually agreed between the Borrower and ADB, to enable federal, provincial and district authorities, with inputs by civil society, to reflect the results, where appropriate, in their planning and budgeting process. Satisfactory conclusion of the review process on the complementary activities and agreement on a revised set of such activities for the next review shall be a condition for release of the subsequent tranches. 9 The MOL, in cooperation with the implementing Complied with. agencies and jointly with ADB, shall conduct evaluations by independent authority jointly appointed by the Borrower and ADB at the end of year 3 of the program implementation. Counterpart Funds 10 Counterpart Funds shall be utilized to support Partly complied with. The Borrower increased budgetary allocations to specific committed to ensure that counterpart sectors mandated with responsibility to funds equivalent to $5.5 million implement the reforms under the program comprising staff and office space would including expenditures on physical infrastructure, be made on a timely basis to implement equipment, operations and maintenance, the TA Loan. However, only $3.3 million capacity building and training. Any province shall were disbursed under the TA loan due to be entitled in any one year of the program to pervasive capacity constraints. The draw up to 60% of the Counterpart Funds in Borrower's counterpart contribution was accordance with a sharing arrangement mutually less than envisioned but proportional to agreed between the provinces and the the amount utilized (16.6%) federation. The Borrower shall onlend such amounts to the provinces on the same terms and conditions as ADB's loans to the Borrower except that the foreign exchange cost will be borne by the Borrower. Access to Justice Development Fund 10 The Counterpart Funds shall also be used to Complied with. capitalize the AJDF. Public-Private Partnerships 12 Part of the Counterpart Funds equivalent of not Substantially complied with. Center of less than $2 million may also fund arrangements legal education was not established. for establishment of centers of legal education. Environment 13 The Borrower shall ensure that all necessary Complied with. measures in design, construction, operation, maintenance and monitoring are taken to mitigate possible adverse environmental impacts associated with the program, in accordance with ADB's environmental guidelines and applicable safety and environmental standards of the relevant agency of the Borrower.

80 Appendix 9 Loan 1898-PAK Article IV Particular Covenants Section 4.01 (a) The Borrower shall cause the program to be Substantially complied with. The program carried out with due diligence and efficiency and was carried out with due diligence and in conformity with sound administrative, financial, efficiency and in conformity with sound environmental, judicial and police practices. administrative, financial environmental, and judicial powers. However, several police policies have not been effectively implemented. Section 4.01 (b) In carrying out of the program and operation of Substantially complied with. The Borrower the program facilities, the Borrower shall perform, performed most of its obligations set out in or cause to be performed, all obligations set forth Schedule 5 of the Loan Agreement with in Schedule 5 to this Loan Agreement. the exception of police reforms. Section 4.02 The Borrower shall make available, promptly as Substantially complied with. All available needed, the funds, facilities, services, land and resources were provided for the operation other resources which are required, in addition to and maintenance of the program. the proceeds of the Loan, for the carrying out of However, based on pervasive capacity the program and for the operation and constraints, services were not promptly maintenance of the program facilities. provided to the provinces. Section 4.03 The Borrower shall ensure that the activities of its Complied with. departments and agencies with respect to the carrying out of the program and operation of the program facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04 (a) The Borrower shall maintain, or cause to be Partly Complied with. Documents / maintained, records and documents adequate to records were not maintained adequately identify the Eligible Items financed out of the to identify the eligible items financed out proceeds of the Loan and to indicate the of the proceeds of the loan (notably AJDF) progress of the program. and to indicate the progress of the program. Section 4.04 (b) The Borrower shall enable ADB’s representatives Complied with. to inspect any relevant records and documents referred to in paragraph (a) of this Section. Section 4.05 (a) The Borrower shall furnish, or cause to be Complied with. furnished, to the Bank all such reports and information as the Bank shall reasonably request concerning (i) the Loan, and the expenditure of the proceeds and maintenance of the service thereof; (ii) the goods and services financed out of the proceeds of the Loan; (iii) the implementation of the program, including the accomplishment of the targets and carrying out of the actions set out in the Policy Letter; (iv) financial and economic conditions in the territory of the Borrower and the international balance-of- payments position of the Borrower, and (v) any other matters relating to the purposes of the Loan. Section 4.05 (b) Without limiting the generality of the foregoing, Complied with. the borrower shall furnish, or cause to be furnished, to the Bank quarterly reports on the carrying out of the program and on the accomplishment of the targets and carrying out of the actions set out in the Policy Letter. Such reports shall be submitted in such form and in such detail and within such a period as the Bank shall reasonably request, and shall indicate, among other things, progress made and problems encountered during the quarter under review, steps taken or proposed to be taken to remedy these problems, and proposed program of activities and expected progress during the following quarter. Section 4.05 (c) Promptly after the closing date for withdrawals Not complied with. The required from the Loan Account, but in any event not later Borrower's program Completion Report than three (3) months thereafter or such later was supposedly prepared by the TA team

Appendix 9 81 date as may be agreed for this purpose between of consultants. However, no such report the Borrower and the Bank, the Borrower through was provided to the PMU. the PMU shall prepare and furnish to the Bank a report, in such form and in such detail as the Bank shall reasonably request, on the execution of the program, including its cost, the performance by the Borrower of its obligations under this Loan Agreement and the accomplishment of the purposes of the loan. Section 4.06 (a) It is the mutual intention of the Borrower and the Complied with. Bank that no other external debt owed a creditor other than the Bank shall have any priority over the Loan by way of a lien on the assets of the Borrower. To that end, the Borrower undertakes (i) that, except as the Bank may otherwise agree, if any lien shall be created on any assets of the Borrower as security for any external debt, such lien will ipso facto equality and ratably secure the payment of the principal of, and interest charge and any other charge on the Loan, and (ii) that the Borrower, in creating or permitting the creation of any such lien, will make express provision to that effect. Section 4.06 (b) The provisions of paragraph (a) of this Section Complied with. shall not apply to (i) any lien created on property, at the time of purchase thereof, solely as security for payment of the purchase price of such property; or (ii) any lien arising in the ordinary course of banking transactions and securing a debt maturing not more than one year after its date. Schedule 5–Program Implementation and Other Matters Program Implementation 1(a) The Borrower shall ensure that the policies Substantially complied with. The Borrower adopted and actions taken prior to the date of was unable to ensure that police reforms this Loan agreement, as described in the Policy were effectively implemented since police Letter, including the Policy Matrix attached to it, as a subject. continue in effect for the duration of the program period and subsequently. 1(b) Promptly adopt or cause to adopt the other Complied with. policies and take other actions indicated in the program specified in the Policy Letter and the Policy Matrix, and ensure that such policies and actions continue in effect during the program period and subsequently. 2 The MOL shall be the program executing agency Substantially complied with. MOL was with the PMU headed by a full-time Director/Joint unable to maintain full time staff. Due to Secretary, a Deputy Secretary and support staff. slow disbursements of the Project loan, At the federal level, the implementing agencies provincial PMUs were established. shall be (i) the Law Commission, (ii) the Federal Ombudsman, (iii) the Federal Judicial Academy, and (iv) the Ministry of Interior. At each provincial level, the provincial implementing agencies shall be the Departments of Law and Home, reporting to the Provincial Planning and Development Board/Department which shall coordinate the program activities within the province. The Law Department shall also be responsible for program activities concerning the High Courts, the independent prosecution services and the Ombudsman. The Home Department shall also be responsible for program activities concerning the police and public safety commissions. 3 The NPRCC shall review and coordinate the Partly complied with. The NPRCC rarely overall progress, and the PPRC shall review and met, and both NPRCC and PPRC were coordinate progress at the provincial level. The not fully constituted, for example, they had chairperson of the NPRCC shall be the Secretary no Bar and civil society representation.

82 Appendix 9 of the Ministry of Law. The NPRCC shall comprise one representative of each of the provincial High courts to be nominated by their respective Chief Justices, the Secretaries of the Ministries of Law, Finance and Interior, the Director General/Secretary of the National Public Safety Commission, each of the Secretaries of the provincial law departments, one representative nominated by the Pakistan Bar Council, the Director General of the Federal Judicial Academy, one representative of the Law Commission, one representative of the Federal Ombudsman, and one representative of civil society nominated by the Federal Law Minister. The PPRC shall be headed by the chairperson of the Provincial Planning and Development board or the Additional Chief Secretary (Development) of the Provincial Planning and Development Department. The PPRC shall comprise the Secretaries of departments of Law, Finance and Home, the High Court Registrar, the provincial Inspector General of Police, the secretary of the Provincial Public Safety Commission, two representatives of subordinate courts to be nominated by the chief Justice of the High Court concerned, and one representative of civil society appointed by the Governor. Policy Dialogue 4 The Borrower shall keep ADB informed of, and Complied with. the Borrower and ADB shall from time to time exchange views on, the progress made in carrying out the program. 5 The Borrower shall continue timely policy Partly complied with. Although issues dialogue with ADB on problems and constraints were raised and discussed during annual encountered during implementation of the reviews and fortnightly review meetings, program and on desirable changes to overcome the Borrower did not proactively identify or mitigate such problems and constraints, and and mitigate problems and constraints in on further reforms to strengthen the judicial and reform implementation. police sector. 6 The Borrower shall keep ADB informed of the Partly complied with. The Borrower did not outcome of policy discussions with other proactively engage in policy dialogue with multilateral and bilateral aid agencies that have multilateral or bilateral aid agencies but implications for implementation of the program, where it did, there was little effort to and shall provide ADB with an opportunity to engage ADB except where the TA grant comment on any resulting policy discussions. was also part in such dialogue. Review and Evaluation of the Program 7 Without limiting the generality of Section 4.05 of Substantially complied with. The judiciary this Loan Agreement or paragraphs 4 to 6 of this was not updated. Schedule, to facilitate review by ADB of the progress in the implementation of the program, the program executing agency shall assist ADB by providing relevant data and information in such detail as ADB may reasonably request. 8 Annual performance Reviews shall be conducted Complied with. just prior to the beginning of each new fiscal year during the program period according to the review schedule as agreed upon between the Borrower and ADB. The review process shall assess (i) compliance with second (and subsequent) tranche conditions, (ii) progress towards compliance with subsequent tranche conditions, and (iii) progress on complementary activities agreed upon between the borrower and ADB. The review process shall occur each year beginning at district level during May to June as mutually agreed between the Borrower and ADB, to enable federal, provincial and district

Appendix 9 83 authorities, with inputs by civil society, to reflect the results, where appropriate, in their planning and budgeting process. Satisfactory conclusion of the review process on the complementary activities and agreement on a revised set of such activities for the next review shall be a condition for release of the subsequent tranches. 9 The MOL, in cooperation with the implementing Complied with. agencies and jointly with ADB, shall conduct evaluations by independent authority jointly appointed by the Borrower and ADB at the end of year 3 of the program implementation. Counterpart Funds 10 Counterpart Funds shall be utilized to support Partly complied with. The Borrower increased budgetary allocations to specific committed to ensure that counterpart sectors mandated with responsibility to funds equivalent to $5.5 million implement the reforms under the program comprising staff and office space would including expenditures on physical infrastructure, be made on a timely basis to implement equipment, operations and maintenance, the TA Loan. However, only $3.3 million capacity building and training. Any province shall were disbursed under the TA loan due to be entitled in any one year of the program to pervasive capacity constraints. The draw up to 60% of the Counterpart Funds in Borrower's counterpart contribution was accordance with a sharing arrangement mutually less than envisioned but proportional to agreed between the provinces and the the amount utilized (16.6%) federation. The Borrower shall onlend such amounts to the provinces on the same terms and conditions as ADB's loans to the Borrower except that the foreign exchange cost will be borne by the Borrower. Access to Justice Development Fund 10 The Counterpart Funds shall also be used to Complied with. capitalize the AJDF. Public-Private Partnerships 12 Part of the Counterpart Funds equivalent of not Substantially complied with. Center of less than $2 million may also fund arrangements legal education was not established. for establishment of centers of legal education. Environment 13 The Borrower shall ensure that all necessary Complied with. measures in design, construction, operation, maintenance and monitoring are taken to mitigate possible adverse environmental impacts associated with the program, in accordance with ADB's environmental guidelines and applicable safety and environmental standards of the relevant agency of the Borrower. TA Loan 1899-PAK Article IV Particular Covenants Section 4.01 (a) The Borrower shall cause the program to be Substantially complied with. The program carried out with due diligence and efficiency and was carried out with due diligence and in conformity with sound administrative, financial efficiency and in conformity with sound environmental, judicial and police practices. administrative, financial environmental, and judicial powers. However, several police policies have not been effectively implemented. Section 4.01 (b) In carrying out of the program and operation of Substantially complied with. The Borrower the program facilities, the Borrower shall perform, performed most of its obligations set out in or cause to be performed, all obligations set forth Schedule 5 of the Loan Agreement with in Schedule 5 to this Loan Agreement. the exception of police reforms. Section 4.02 The Borrower shall make available, promptly as Substantially complied with. All available needed, the funds, facilities, services, land and resources were provided for the operation other resources which are required, in addition to and maintenance of the program. the proceeds of the Loan, for the carrying out of However, based on pervasive capacity the program and for the operation and constraints, services were not promptly maintenance of the program facilities. provided to the provinces. Section 4.03 (a) In the carrying out of the Project, the Borrower Complied with. shall cause competent and qualified consultants

84 Appendix 9 and contractors, acceptable to the Borrower and the Bank, to be employed to an extent and upon terms and conditions satisfactory to the Borrower and the Bank. Section 4.03 (b) The Borrower shall cause the Project to be Complied with. carried out in accordance with plans, design standards, specifications and construction methods acceptable to the Borrower and the Bank. The Borrower shall furnish, or cause to be furnished, to the Bank, promptly after their preparation, such plans, design standards and specifications, and any material modifications subsequently made therein, in such detail as the Bank shall reasonably request. Section 4.04 The Borrower shall ensure that the activities of its Complied with. departments and agencies, including MOL with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative polices and procedures. Section 4.05 (a) The Borrower shall make arrangements Complied with. satisfactory to the Bank for insurance of the Project facilities to such extent and against such risks and in such amounts as shall be consistent with sound practice. Section 4.05 (b) Without limiting the generality of the foregoing, Complied with. the Borrower undertakes to insure, or cause to be insured, the goods to be imported for the Project and to be financed out of the proceeds of the Loan against hazards incident to the acquisition, transportation and delivery thereof to the place of use or installation, and for such insurance any indemnity shall be payable in a currency freely usable to replace or repair such goods. Section 4.06 (a) The Borrower shall maintain, or cause to be Complied with. maintained, records or cause to be maintained, records and accounts adequate to identify the goods and services and other items of expenditure financed out of the proceeds of the Loan, to disclosed the use thereof to the Project, to record the progress of the Project (including the cost thereof) and to reflect in accordance with consistently maintained sound accounting principles, the operation and financial condition of the agencies of the Borrower including MOL responsible for the carrying out of the Project and operation of the Project facilities, or any part thereof. Section 4.06 (b) The Borrower shall (i) maintain, or cause to be Complied with. maintained, separate account for the Project, (ii) have such accounts and related financial statements audited annually, in accordance with appropriate auditing standards consistently applied, by independent auditors whose qualifications, experience and terms of reference are acceptable to the Bank, (ii) furnish to the Bank, as soon as available but in any event not later than three (3) months after the end of each related fiscal year, certified copies of such audited account and financial statements and the report of the auditors relating thereto (including the auditor’s opinion on the use of the Loan proceeds and compliance with the covenants of this Loan Agreement as well as on the use of the procedures for imprest account/statement of expenditures), all in the English language; and

Appendix 9 85 (iv) furnish to the bank such other information concerning such accounts and financial statements and the audit thereof as the Bank shall from time to time reasonably request. Section 4.06 (c) The Borrower shall enable the Bank, upon the Not applicable. Bank’s request, to discuss the Borrower’s and MOL’s financial statements for the Project and its financial affair related to the Project from time to time with the Borrower’s auditors, and shall authorize and require any representative of such auditors to participate in any such discussions requested by the Bank, provided that any such discussion shall be conducted only in the presence of an authorized officer of the Borrower unless the Borrower shall otherwise agree. Section 4.07 (a) The Borrower shall furnish, or cause to be Complied with. furnished, to the Bank all such reports and information as the Bank shall reasonably request concerning (i) the Loan, and the expenditure of the proceeds and maintenance of the services thereof, (ii) the goods and services and other items of expenditure financed out of the proceeds of the Loan, (iii) the Project, (iv) the administration, operations and financial condition of the agencies of the Borrower responsible for the carrying out of the Project and operation of the Project facilities, or any part thereof, (v) financial and economic conditions in the territory of the Borrower and the international balance-of- payments position of the Borrower, and (vi) any other matters relating to the purposes of the Loan. Section 4.07 (b) Without limiting the generality of the foregoing, Complied with. the Borrower shall furnish, or cause to be furnished, to the Bank quarterly reports on the carrying out of the Project and on the operation and management of the Project facilities. Such reports hall be submitted in such form and in such detail and within such a period as the Bank shall reasonably request, and shall indicate, among other things, progress made and problems encountered during the quarter under review, steps taken or proposed to be taken to remedy these problems, and proposed program of activities and expected progress during the following quarter. Section 4.07 (c) Promptly after completion of the Project, but in Not complied with. The required any event not later than three (3) months Borrower's Program Completion Report thereafter or such later date as may be agreed was supposedly prepared by the TA team for this purpose between the Borrower and the of consultants. However, no such report Bank, the Borrower shall prepare and furnish to was provided to the PMU. the Bank a report, in such form and in such detail as the Bank shall reasonably request, on the execution and initial operation of the Project, including its cost, the performance by the Borrower of its obligation under this Loan Agreement an the accomplishment of the purpose of the loan. Section 4.08 The Borrower shall enable the Bank’s Not applicable. representatives to review the Project and inspect the goods financed out of the proceeds of the Loan and any relevant records and documents. Section 4.09 The Borrower shall ensure that the equipment Complied with. financed under the Project is maintained and repaired in accordance with sound maintenance and operational practices. Section 4.10 (a) It is the mutual intention of the Borrower and the Complied with.

86 Appendix 9 Bank that no other external debt owed a creditor other than the Bank shall have any priority over the Loan by way of a lien on the assets of the Borrower. To that end, the Borrower undertakes (i) that, except as the Bank may otherwise, agree if any lien shall be created on any assets of the Borrower as security for any external debt, such lien will ipso facto equally and ratably secure the payment of the principal of, and interest charge and any other charge on, the loan, and (ii) that the Borrower, in creating or permitting the creation of any such lien will make express provision to that effect. Schedule 6 Execution of Project and Operation of Project Facilities; Financial Matters Project Implementation 1 The MOL shall be the Executing Agency with the Complied with. PMU headed by a full-time Director/Joint Secretary, a Deputy Secretary and support staff. The Borrower shall ensure that the PMU shall be maintained to the mutual satisfaction of the Borrower and the Bank during the Project. 2 At the federal level, the implementing agencies Complied with. shall be (i) the Law Commission, (ii) the Federal Ombudsman, (iii) the Federal Judicial Academy, and (iv) the Ministry of Interior 3 At each provincial level, the provincial Complied with. implementing agencies shall be the Departments of Law and Home, reporting to the Provincial Planning and Development Board/Department which shall coordinate the AJP activities within the province. The Law Department shall also be responsible for AJP activities concerning the High Courts, the independent prosecution services and the Ombudsman. The Home Department shall also be responsible for AJP activities concerning the police and public safety commissions. 4 The Borrower shall ensure that in each of MOL Complied with. and the Ministry of Interior a TA Loan Supervision Committee shall be established and staffed as mutually acceptable to the Borrower and the Bank within three months of the Effective Date. The TA Loan Supervision Committees shall be responsible for preparing terms of reference, sourcing domestic consultants and obtaining PMU support for contracting and management. 5 The Borrower shall ensure that the NPRCC shall Complied with. be established and staffed as mutually acceptable to the Borrower and the Bank within three months of the Effective Date. The NPRCC shall review and coordinate the overall progress, particularly to promote provincial cooperation. The chairperson of the NPRCC shall be the Secretary of the Ministry of Law. The NPRCC shall comprise one representative of each of the provincial High Courts to be nominated by their respective Chief Justices, the Secretaries of the Ministries of Law, Finance and Interior, the Director General/Secretary of the National Public Safety Commission, each of the Secretaries of the provincial law departments, one representative of the Federal Ombudsman, and one representative of civil society nominated by

Appendix 9 87 the Federal Law Minister. 6 The Borrower shall ensure that each PPRC shall Complied with. be established and staffed as mutually acceptable to the Borrower and the Bank within three months of the Effective Date. The PPRC shall be headed by the chairperson of the Provincial Planning and Development Board or the Additional Chief Secretary (Development) of the Provincial Planning and Development Department. The PPRC shall comprise the Secretaries of departments of Law, Finance and Home, the High Court Registrar, the provincial inspector General of Police, the secretary of the Provincial Public Safety Commission, two representatives of subordinate courts to be nominated by the Chief Justice of the High Court. 7 The Borrower shall ensure that each of the Complied with. foregoing implementation arrangements shall be in consonance with the AJP. Development of Technical Assistance Phases; Coordination with AJP 8 The Borrower shall ensure that (i) the PMU shall Complied with. initiate hiring of consultants within three months of the Effective Date and upon completion of the detailed terms of reference, implementation arrangements and scope of Phase 1 mutually satisfactory to the Borrower and the Bank; and (ii) each consultant or consulting team shall prepare an inception report satisfactory to the PMU within four weeks of commencement of services providing a time bound work program, together with a schedule of progress reports. 9 The Borrower shall ensure that the development Complied with. of scope, implementation arrangements and detailed terms of reference for each Phase of Technical Assistance shall be implemented: (i) in a timely and efficient manner so that Phase 1 is reviewed and finalized within three months of the Effective Date, Phase 2 is developed not later than month 18 of the Project (June 2003) and Phase 3 is developed not later than month 30 of the Project (December 2004), (ii) in coordination with the AJP Annual Performance Review, and (iii) in consultation with the Bank and to the mutual satisfaction of the Borrower and the Bank except as the Bank may otherwise agree, no Loan proceeds shall be withdrawn (or used from the imprest account) for Project Activities (i) for expenditures other than Phase 1, after June 2003 unless and until that year's AJP Annual Performance Review has been completed and Phase 2 has been developed, in each case to the satisfaction of the Bank and (ii) for expenditures other than Phase 1 and Phase 2, after December 2004 unless and until that year's AJP Annual Performance Review has been completed and Phase 3 has been developed, in each case to the mutual satisfaction of the Borrower and the Bank. 10 The Borrower shall ensure that a comprehensive Complied with. training program shall be prepared by the MOL and the Implementing Agencies with assistance of consultants, in consultation with agencies involved and following training needs assessments where necessary. Each training

88 Appendix 9 program shall specify (i) the number of persons to be trained each year; (ii) the criteria for selection of candidates, (iii) linkage of training to performance evaluation and promotion; (iv) institutions proposed; (v) types of training courses to be followed and materials to be used; (vi) duration of each course; and (vii) estimated cost where workshops or seminars are to be held with NGOs or Bar Associations or Bar Councils shall be selected on the basis of criteria mutually agreed upon with the Borrower and the Bank. Project Review and Reporting 11 AJP Annual Performance Reviews shall be Complied with. conducted just prior to the beginning of each new fiscal year during the AJP period according to the review schedule as agreed upon between the Borrower and the Bank and shall include (i) verification of compliance with Tranche conditions under the AJP program loans, (ii) progress towards compliance with subsequent Trance conditions, and (iii) progress on complementary activities including the Technical Assistance. The review process shall be carried out each year beginning at district level during May to June as mutually agreed between the Borrower and the Bank. The review process shall take into account the level of effort put in to carry out AJP activities, the difficulties encountered, the progress made, and the modifications required for the Technical Assistance to support the AJP 12. The Borrower shall ensure that the MOL, in Complied with. cooperation with the Implementing Agencies and the Project consultants, and jointly with the Bank, shall carry out evaluations of AJP (including the Project) by an independent authority jointly appointed by the Borrower and the Bank in the final year of the AJP. These evaluations shall be conducted by an independent agency jointly appointed by the Borrower and the Bank. 13 Without limiting Section 4.07 of this Loan Complied with. Agreement, quarterly progress reports shall be prepared by the MOL with assistance of the Implementing Agencies and furnished to the Bank within one month after the period under review. The reports shall be in a format agreed with the Bank and shall include information on the progress of Technical Assistance implementation, problems encountered and measures adopted for their resolution, and the proposed program for the following quarter. The reports shall include information on disbursements under the Loan and Borrower contributions. Benefit Monitoring and Evaluation 14 The benefit monitoring and evaluations shall be Complied with. conducted in accordance with the Bank's Benefit Monitoring and Evaluation: A Handbook for Bank Staff, Staff of the Executing Agencies and Consultants dated March 1992. Counterpart Funds 15 The Borrower shall ensure that counterpart funds Partly complied with. The Borrower equivalent to $5,500,000 comprising cash and committed to ensure that counterpart

Appendix 9 89 contributions in kind for counterpart staff and funds equivalent to $5.5 million office space are made available on a timely basis comprising staff and office space would for the smooth and efficient implementation of the be made on a timely basis to implement Project. the TA Loan. However, only $3.3 million were disbursed under the TA loan due to pervasive capacity constraints. The Borrower's counterpart contribution was less than envisioned but proportional to the amount utilized (16.6%)

Environmental and Social Considerations 16 The Borrower shall ensure that the Bank's Complied with. guidelines on gender and development are followed in all Project activities.