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 ii 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 iv 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 v 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