MID-TERM EVALUATION OF THE GENDER JUSTICE THROUGH MUSALIHAT ANJUMAN PROJECT (GJTMAP) MTE MISSION REPORT * PREPARED FOR UNDP PAKISTAN 23 FEBRUARY 2011 * The mission consisted of Huma A. Chughtai (Gender Consultant), Tariq Husain (Team Leader) and Henryk Montygierd-Loyba (Senior International Consultant). Table of Contents Page List of Tables iii List of Boxes iii Acronyms and Abbreviations iv Map of Pakistan Showing the Project Districts vi EXECUTIVE SUMMARY vii 1. BACKGROUND AND SCOPE OF EVALUATION 1 1.1 Origins and Design of the Project 1 1.2 Major Changes During Implementation 3 1.3 Operational Model at the Time of the MTE 4 1.4 Scope, Methodology and Limitations of MTE 6 2. ANALYSIS OF QUANTITATIVE DATA 9 2.1 Sources and Usefulness of Quantitative Data 9 2.2 Number and Nature of Disputes Brought to the Musalihat Anjuman 9 2.3 Cases Settled and Pending 12 2.4 Cases Referred by Courts and Police 12 3. PERFORMANCE OF THE PROJECT 15 3.1 Three Dimensions of Performance 15 3.2 Relevance of Laws and Policies 16 3.3 Relevance of Project Objectives 19 3.4 Effectiveness in Achieving Objectives 20 3.5 Efficiency 23 4. IMPACT, SUSTAINABILITY AND OVER-ARCHING ISSUES 26 4.1 Introduction to Impact Analysis 26 4.2 Immediate and Intermediate Outcomes of Project 26 4.3 Impact on Policies, Regulatory Framework and Institutions 27 4.4 Impact on Beneficiaries and Gender Equality 28 4.5 Sustainability and Scaling Up 29 5. CONCLUSIONS AND LESSONS 30 5.1 Conclusions 30 5.2 Lessons 33 6. RECOMMENDATIONS 36 6.1 Overview of Main Recommendations 36 6.2 Provincial Ownership and Policies 36 6.3 Improved Project Management and Exit 37 ii Page ANNEXES I. MTE Terms of Reference 41 II. Mission Programme 50 III. List of MAs Covered during Field Work, by Province and District 54 IV. Bibliography 55 V. Summary of Relevant Good Practices 59 VI. Main Activities and Outputs of the Project, 2005-2010, by Objective 61 VII. Assessment of the Training Programme of the Project 64 LIST OF TABLES 1. Districts in the Project Area 1 2. Number of MAs, by Province and District 2 3. Committed and Actual Contributions of Financing Partners, 2005-2013 (in USD 2 ’000) 4. GJTMAP Objectives and Outputs 3 5. Number of Cases Received and Settled by Musalihat Anjumans in All Four 10 Provinces, by Nature of Dispute 6. Musalihat Anjuman Workload, by District and Province 11 7. Number of Cases Received by Musalihat Anjumans, by Nature of Dispute and 13 Province 8. Number of Cases Received and Settled by MAs, by Province and District 13 9. Number of Cases Referred to MAs by the Courts, by Province and District 14 10. Number of Cases Referred to MAs by the Police, by Province and District 14 11. Project Budget and Expenditure at the Output Level, 2005-2010 (in USD ’000) 23 12. Institutions Mandated under the Local Government Ordinance of 2001 33 LIST OF TEXT BOXES 1. Three Dimensions of Performance 15 2. Two Levels of Effectiveness 21 3. The Jirga in Balochistan 27 iii Acronyms and Abbreviations ACO Assistant Coordination Officer ADB Asian Development Bank ADLG Assistant Director Local Government ADR Alternative Dispute Resolution (also Alternate Dispute Resolution) AJK Azad Jammu and Kashmir APR Annual Progress Report AWP Annual Work Plan CO Country Office (UNDP) CPAP Country Programme Action Plan CSA Cost Sharing Agreement DCO District Coordination Officer DFID Department for International Development DFP District Focal Point DG Director General D. I. Khan Dera Ismail Khan DOCO District Officer Community Organization DPO District Police Officer EAD Economic Affairs Division EC European Commission EDO Executive District Officer ERP Early Recovery and Restoration of Flood Affected Communities Project FATA Federally Administered Tribal Areas FPMU Federal Project Management Unit GB Gilgit-Baltistan GJTMAP Gender Justice Through Musalihat Anjuman Project GSP Gender Support Programme IC Insaaf Committee ICT Islamabad Capital Territory KAP Knowledge, Attitude and Practice KP Khyber Pakhtunkhwa LG Local Government LG&RD Local Government and Rural Development LGO Local Government Ordinance log frame logical framework M&E Monitoring and Evaluation MA Musalihat Anjuman (including Musalihat Jarga in Khyber Pakhtunkhwa Province) MAJA Musalihat Anjuman Justice Advocates MASS Musalihat Anjuman Support Services MDG Millennium Development Goal MTE Mid-term Evaluation NEX National Execution Modality NGO Non-governmental Organization NIM National Implementation Modality NPD National Project Director NPM National Project Manager NSC National Steering Committee OECD-DAC Organization for Economic Co-operation and Development, Development Assistance Committee P&D Planning and Development PC-I Planning Commission Pro Forma Number I PCC Project Coordination Committee PCOM Project Cycle Operations Manual iv PKR Pakistan Rupees PMU Project Management Unit PPD Provincial Project Director PPM Provincial Project Manager PPMU Provincial Project Management Unit PSC Provincial Steering Committee PSDP Public Sector Development Programme RoBs Rules of Business SDC Swiss Agency for Development and Cooperation SDM Sub-divisional Magistrate TMO Tehsil Municipal Officer ToRs Terms of Reference UC Union Council UN United Nations UNDP United Nations Development Programme USAID United States Agency for International Development USD United States Dollars v Map of Pakistan Showing the Project Districts vi EXECUTIVE SUMMARY 1. Introduction 1. The Local Government Ordinance (LGO) of 2001 created a new system of local government in Pakistan. Among other institutions, it created an Alternate Dispute Resolution (ADR) mechanism at the level of the Union Council (UC), the lowest level of local government. This ADR is called the Musalihat Anjuman (MA), and it is a formal mechanism that uses informal procedures for resolving disputes. The LGO conceived it as an ADR mechanism for all citizens and did not provide for any special attention to women in this regard. The Gender Justice Through Musalihat Anjuman Project (GJTMAP) aimed not only to get the MAs off the ground but also to gender this important new institution from the outset. By now, the project’s target group includes not only women but also the poor and vulnerable in society, particularly in the rural areas. 2. The MAs are operational only in the 20 districts of the country where the GJTMAP has been working. The operational model followed by the project at the time of the MTE is outlined in Section 1.3 of the report. The project covers 1,063 Union Councils, that is, it aims to support 1,063 MAs and those who are engaged in fostering these new entities. The estimated population of the 20 districts is more than 27 million. A PC-I approved by the federal government in 2009 envisages the expansion of the project to an additional eight districts (two per province) and the federally administered areas of Islamabad, Gilgit-Baltistan, Azad Jammu and Kashmir, and the Federally Administered Tribal Areas. 3. The project goal is “To promote and safeguard the rights and lawful entitlements of all, particularly the vulnerable segments of the society, by institutionalizing a community-supported Alternative Dispute Resolution (ADR) mechanism through the entity of Musalihat Anjuman (MA).” The objectives of the project are: (a) To provide women victims of violence an alternative mechanism, whereby they can obtain gender justice. (b) To build the capacity of Musalihat Anjuman for dispensing gender-responsive justice. (c) To enhance public engagement with utilization of the services of Musalihat Anjuman. (d) To promote women’s awareness of their legal rights and men’s active participation in ending gender based violence. 4. The following factors have deprived the project of the kind of continuity and stability that is essential for a large and innovative project such as this: (a) For much of its life the project has suffered from weak management that has either stopped project activities completely or affected the pace and quality of work. There has been high turnover and key management positions have remained vacant for long periods. (b) The project has experienced severe problems in the availability and flow of funds that have made it impossible to implement planned activities or even plan with confidence. The flow of available funds has been affected by the non-availability of a co-signatory of the bank account for long periods, when the position of a Project Director or a Project Manager is vacant. In addition, the project received only 69% of its original budget during 2005-2010. (c) Disruption and uncertainty have undermined the MAs since the end of tenure of local councils in 2009. (d) The unprecedented floods that hit Pakistan in 2010 paralyzed routine administrative activities and the lives of millions in at least half the districts in the project area. 5. The methodology of the Mid-term Evaluation (MTE) revolves around a standard, international methodology for assessment of development results. As elaborated in the Terms of Reference (ToRs) for the MTE, development results are assessed in terms of five main evaluation criteria, namely, relevance, effectiveness, efficiency, impact/outcome, and sustainability. The MTE vii aims to provide an objective assessment of contributions to development results and address what works and why, as well as what does not work and unintended outcomes. This is intended to support accountability1, inform decision-making and allow UNDP and its partners to better manage for development results. The MTE was also expected to refer to international good practices, but found documentation on only two ADR mechanisms (summarized in Annex V) that can be compared reasonably with the Musalihat Anjuman. 6. The main forward-looking aspects of the MTE draw attention to the changing context of the project and what might be done post-MTE; these are stated in the ToRs as follows: (a) Based on the analysis, as well as the proposed changes envisaged in the emerging Local Government laws, table concrete recommendations for providing free, fair, efficient and equitable justice to all, particularly the poor and marginalized.