Quarterly Progress Report/Jan-March08-BGD/05/003

Promoting Access to Justice and Human Rights in Bangladesh

BGD/05/003

QUARTERLY PROGRESS REPORT

January-March 2008

Ministry of Law, Justice & Parliamentary Affairs

Government of the Peoples Republic of Bangladesh
Promoting Access to Justice& Human Rights in Bangladesh Project
B G D / 0 5 / 0 0 3

Quarterly Progress Report/Jan-March08-BGD/05/003

April 2008 Promoting Access to Justice and Human Rights in Bangladesh

QUARTERLY PROGRESS REPORT

Country No. and Title of the Project Executing Agency Implementing Partners Project Period: Project Budget: Reporting Period Reporting Agency Project Vision Bangladesh BGD/05/003: Promoting Access to Justice and Human Rights in Bangladesh Ministry of Law, Justice and Parliamentary Affairs (MoLJPA), Government of Bangladesh (GoB). Supreme Court, Attorney Generals Office, NGOs July 2007-June 2010 US$ 3,000,000 January - March 2008 MoLJPA , GoB Enhancing access to justice and human rights for all disadvantaged and marginalised groups through a rights-based approach. To strengthen mechanisms for promotion and protection of human rights and the delivery of justice for all, particularly the poor and other disadvantaged persons. To establish an institutional framework for protection of human rights, and dissemination of HR status particularly of the disadvantaged. -Mr. T. I. M. Nurun Nabi Chowdhury, Joint Secretary, MoLJPA and National Project Director BGD/05/003Promoting Access to Justice and Human Rights in Bangladesh.

Project Goal

Objective and Purpose

Contact Person

Quarterly Progress Report/Jan-March08-BGD/05/003 Table of Contents

Executive Summary: Section I: Context 1.1 Key developments and issues related to the subject area in Bangladesh 1.2 Description of the key objectives and outputs of the project Section II: Section: III Achievements Organisation and Management 1. Organisational Structure and Management Arrangements 2. Staffing or Specialised Capacities 3. Budget and delivery by Major Outputs Section IV: Section V: Partnerships Lessons learnt and Looking Forward 1. Lessons Learnt During the Reporting Period: 2. Future strategic directions or recommendations:

Annexures: Annexure 1: Organizational Structure

Annexure 2: Table 2.1 List of Policy Advisory Support Table 2.2 Training and Capacity Building Table 2.3 List of knowledge products Table 2.4 List of grants or contracts for project implementation Annexure 3: Detail Budget Expenditure Jan - March 2008

Annexure 3: Glossary of Terms

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Executive Summary
Fundamental rights in the Constitution of Bangladesh, and the national human rights instruments acceded to by Bangladesh, provide the normative framework for protection of human rights and access to justice for all people. In practice, violations of civil and political liberties, arbitrary detention, excessive use of force and extra-judicial executions, risks to personal safety and security, and violence against women are widespread. The lack of national institutions to uphold human rights became an acute barrier in ensuring access to justice in Bangladesh. The need to establish a National Human Rights Commission, to take initiative for a strong independent Judiciary separated from the Executive, and raising awareness of international human rights norms have long been considered indispensable to uphold the constitutional rights of the people ensuring free and fair rule of law in the country. However, positive steps have been taken by the present interim government during the course of 2007. The commitment towards ensuring human rights for the people is shown through the membership of Bangladesh in the UN Human Rights Council. An Ordinance for the establishment of the Bangladesh National Human Rights Commission (BNHRC) has been proclaimed in December 2007 and the Judiciary has been formally separated from the Executive. An organogram for the Supreme Court has been finalised and a draft Attorney Service Legislation has been prepared by the government to support and strengthen the separated judiciary. UNDP Bangladesh has a long standing partnership with the MoLJPA of the Government of Bangladesh. Since June 2007, MoLJPA has been implementing the UNDP funded project BGD/05/003-Promoting Access to Justice and Human Rights in Bangladesh, which is built upon the Ministrys previous Institutional Development of Human Rights in Bangladesh project (IDHRB). The current Project aims to provide institutional and technical support to the judicial sector reform and promotion of human rights in Bangladesh. The project follows human rights based approaches and focuses on strengthening the justice delivery capacity of the justice sector. The project also aims to raise awareness of international human rights norms to empower the disadvantaged people. During the initial phase (JulyDecember 2007), project activities related to project office selection, recruitment of project personnel, capacity strengthening of relevant actors through visits to established national human rights institutions in other countries, among others. Most of these activities continued throughout the first Quarter of 2008 (January-March 2008). The main activities and progresses of the project during this reporting period are as follows: Establishing Network of Lawyers for pro bono Legal Aid Services As the Project Office couldnt be identified/established and recruitment of Project personnel still remained under process, the Project Manager in consultation with the NPD continued establishing contacts with lawyers and Bar Associations to hold the planned brainstorming meetings for establishing a pro bono legal aid services network. It is expected that a central and at least two district level meetings will be held in the second Quarter of the year (provided that essential project personnel are recruited for the activities). Preparatory activities for an international Needs Assessment Mission for the Establishment of the National Human Rights Commission An international mission has been planned to undertake a needs assessment for the establishment

Quarterly Progress Report/Jan-March08-BGD/05/003

of the National Human Rights Commission in Bangladesh. Mr. Peter Hosking, former Human Rights Commissioner and an internationally recognised expert in the area has been recommended as a potential candidate for the Mission. The Project has completed preparatory ground works to conduct the Mission including development of a draft ToR, correspondence with potential Consultants, an outline activity of the Mission and so forth. It is expected that the Mission will be conducted in the beginning of the 2nd Quarter. Establishment of the Project Office: The project initially operated from a temporary office space at the Solicitors Office at the Supreme Court. The space became unavailable as of the beginning of December 2007. Following a negotiation between UNDP and the MoLJPA, it has been decided that the Project Office will be established in an independent building in a location close to the potential donors and that the costs for the Premises rental will be borne by the UNDP instead of the GoB as originally agreed. Accordingly, a three storied independent house has been identified, negotiations held with the landlord and the Project has taken over possession of the premises as of 01 March 2008 following signing of the lease agreement between UNDP and the landlord. Recruitment of project staff Four Project personnel have been recruited as of March 2008 (1 Project Assistant, 1 Administration and Finance Assistant, two Drivers-cum-Messengers). In addition, a Caretaker-cum-Cleaner has been recruited on service provider basis. Recruitment of remaining posts continues with active participation of the Project. Other The Project supported participation of two women Justices of the High Court Division, Supreme Court of Bangladesh in the Annual Conference of the International Association of Women Judges (IAWJ) in Panama City, Panama on 25-28 March 2008. Theme of the Conference was Equal Justice for All: Access, Discrimination, Violence, Corruption.

Fianacial Progress (Budget and delivery by Major Outputs): Annual Work Plan for 2008 targeted delivery of budget expenditure of US$ 628,535 [January December 2008]. As of 31 March 2008, project expenditure as listed in ATLAS amounts to US$ 110,662.05. This represents a 17.6 percent of the targeted expenditure.

Quarterly Progress Report/Jan-March08-BGD/05/003

Section I:
1.1

Context

Key developments and issues related to the subject area in Bangladesh

Despite express provisions for the protection of fundamental human rights in the Constitution of Bangladesh and the candidature of Bangladesh to the Human Rights Council, human rights violation in Bangladesh is widespread and prevalent. The most unfortunate victims of human rights violation are women and children, who, in the absence of a strong judicial system and the lack of institutional framework for the protection of human rights, suffer silently. However, over its one year in office, the current Caretaker Government has reconstituted both the Anti-Corruption Commission (ACC) and the Bangladesh Election Commission (BEC) and both bodies have received accolade for the efforts they are making to combat corruption and to uphold a free, fair and credible election. The Public Service Commission and the University Grant Commission have been revamped, a roadmap has been declared for creating an accurate voter roll with photograph, holding the local and national elections by December 2008 and started dialogue with the political parties on the issues of electoral and political reforms. A Regulatory Reform Commission has been formed to review existing legal and regulatory frameworks and make recommendations for necessary reforms. Earlier, in February 2007, the Government acceded to the UN Convention against Corruption (UNCAC). The UNDP supported and MoLJPA implemented Promoting Access to Justice and Human Rights in Bangladesh Project has as one of its primary outputs a focus on supporting the formation of the National Human Rights Commission in Bangladesh which will adhere to the Principles Relating to

the Status and Functions of National Institutions for the Promotion and Protection of Human Rights (the Paris Principles). The establishment of NHRC has been given utmost importance by the
interim government and on 23 December 2007 the Government has proclaimed the Bangladesh National Human Rights Commission Ordinance, 2007. The Project is in the process of organising an international mission to undertake a need/capacity assessment for establishing the National Human Rights Commission and provide relevant recommendations to the Government of Bangladesh. The Project will also develop a multi-donor capacity development project, coordinated by UNDP, to support the new Human Rights Commission, once established. The Judiciary has been formally separated from the Executive as of 01 November 2007 that was pending for nine years. The project aims to support and build capacity of the justice sector following its separation from the Executive. An organogram to support the separated Judiciary has already been constructed by the government. The project will provide support to the judicial sector following recommendation from the Needs Assessment Report and provide capacity building and technical assistance as required by the separated Judiciary.

1.2

Description of the key objectives and outputs of the project

BGD/05/003 Project is an integral part of cooperation between the Government of Bangladesh and UNDP in the area of democratic governance, human rights and access to justice. It builds upon outcomes of the Institutional Development of Human Rights in Bangladesh (IDHRB) Project. This project aims to strengthen mechanisms for promotion and protection of human rights and the delivery of justice for all, particularly the poor and other disadvantaged persons. Taking into recent political developments, especially initiatives of the Caretaker Government related to reforms in key governance institutions, it realigns outputs and activities initially proposed by the project

Quarterly Progress Report/Jan-March08-BGD/05/003

formulation mission to sharpen focus and strengthen synergy among its components. It provides support to processes initiated by the government to establish a human rights commission and focuses on capacity development of the judiciary, law officers, legal profession, legal aid authority, and civil society groups working on human rights and access to justice. It also takes into account current and planned initiatives of Bangladeshs development partners to harmonize external assistance in the area of human rights and access to justice. Based on the current situation in the Justice Sector and as a continuation of and improvement on the previous project, the project BGD/05/003-Promoting Access to Justice and Human Rights in Bangladesh started in June 2007. The project aims to address the issues concerned through the following targets: 1. Establishment and support of a formal institution for the protection of human rights 2. Justice Sector-wide needs assessment steered by an interagency consultative group to identify strategies for institutional reform 3. Strengthened Supreme Court to enhance oversight functions pursuant to an independent judiciary 4. Increased awareness of human rights norms among the stakeholders 5. Capacity building of relevant officials, including those of the Attorney Generals office and improved professional integrity and competence 6. Development of a strategic plan for establishment of a legal resource network in Bangladesh in affiliation with other countries of the region for mutual sharing of experience. 7. Evaluation of a state sponsored legal aid scheme and providing recommendations for reform. The project looks to build upon the achievement of the previous project and aims to see an institutional framework for ensuring access to justice, protection of human rights and dissemination of HR status particularly of the disadvantaged. During the course of the First Quarter of 2008 (01 January 31 March), the intended outputs from the project activities were: - Brainstorming meeting arranged for establishing a network of lawyers to promote the public legal services. - Strategic plan developed for establishment of a Legal Resource Network in Bangladesh with affiliation to other countries of the region for mutual sharing of experience.

Section II:
Period

Project Progresses during the Reporting

Establishing Network of Lawyers for pro bono Legal Aid Services As the Project Office couldnt be identified/established and recruitment of Project personnel still remained under process, the Project Manager in consultation with the NPD continued establishing contacts with lawyers and Bar Associations to hold the planned brainstorming meetings for establishing a pro bono legal aid services network. It is expected that a central and at least two district level meetings will be held in the second Quarter of the year (provided that essential project personnel are recruited for the activities).

Quarterly Progress Report/Jan-March08-BGD/05/003

Preparatory activities for an international Needs Assessment Mission for the Establishment of the National Human Rights Commission An international mission has been planned to undertake a needs assessment for the establishment of the National Human Rights Commission in Bangladesh. Mr. Peter Hosking, former Human Rights Commissioner and an internationally recognised expert in the area has been recommended as a potential candidate for the Mission. The Project has completed preparatory ground works to conduct the Mission including development of a draft ToR, correspondence with potential Consultants, an outline activity of the Mission and so forth. It is expected that the Mission will be conducted in the beginning of the 2nd Quarter. Establishment of the Project Office: The project initially operated from a temporary office space at the Solicitors Office at the Supreme Court. The space became unavailable as of the beginning of December 2007. Following a negotiation between UNDP and the MoLJPA, it has been decided that the Project Office will be established in an independent building in a location close to the potential donors and that the costs for the Premises rental will be borne by the UNDP instead of the GoB as originally agreed. Accordingly, a three storied independent house has been identified, negotiations held with the landlord and the Project has taken over possession of the premises as of 01 March 2008 following signing of the lease agreement between UNDP and the landlord. Recruitment of project staff Four Project personnel have been recruited as of March 2008 (1 Project Assistant, 1 Administration and Finance Assistant, two Drivers-cum-Messengers). In addition, a Caretaker-cum-Cleaner has been recruited on service provider basis. Recruitment of remaining posts continues with active participation of the Project. Other The Project supported participation of two women Justices of the High Court Division, Supreme Court of Bangladesh in the Annual Conference of the International Association of Women Judges (IAWJ) in Panama City, Panama on 25-28 March 2008. Theme of the Conference was Equal Justice for All: Access, Discrimination, Violence, Corruption.

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Section: III
1.

Organisation and Management

Organisational Structure and Management Arrangements

An Outcome Board, consisting of the (a) CD/DCD of the UNDP, (b) Secretary, MoLJPA and (d) concerned donors and other partners, is responsible for the overall coordination and monitoring of project outcome. A Project Assurance comprising of the UNDP ACD (Governance) and a Project Board consisting of the UNDP-ACD (Governance) and Programme Officer, the NPD, and the Implementing Partners (Planning Commission, ERD & IMED, NHRC, Supreme Court) are responsible for monitoring delivery of project outputs and compliance with approved plans (programmatic, financial). The Project Manager, under the matrixed supervision of the NPD and the UNDP, manages the day-to-day implementation of the project and be assisted by a team of project professionals. [Organogram annexed] 2. Staffing or Specialised Capacities

Recruitment of the Project Manager was complete by the end of November 2007 and the PM joined from 01 December 2007. Four Project personnel have been recruited as of March 2008 (1 Project Assistant, 1 Administration and Finance Assistant, two Drivers-cum-Messengers). In addition, a Caretaker-cum-Cleaner has been recruited on service provider basis. Recruitment of remaining posts continues with active participation of the Project and in accordance with the work plan developed by the Human Resource section of the UNDP, the process should be complete by the end of June 2008. 3. Budget and delivery by Major Outputs

As per the Project Document and the AWP, procurement of goods and services as well as payment for project activities are done, and the accounts maintained, by the UNDP. The Project only covers its day to day running expenses from a Petty Cash from a quarterly advance received from UNDP. Annual Work Plan for 2008 targeted delivery of budget expenditure of US$ 628,535 [January December 2008]. As of 31 March 2008, project expenditure as listed in ATLAS amounts to US$ 110,662.05. This represents a 17.6 percent of the targeted expenditure. [Detail Budget Expenditure annexed below as Annexure 3]

Section IV:

Partnerships

The Project explored and undertook partnership development initiatives and during the reporting period continued partnership initiatives with several interested international donor agencies including the CIDA, DFID, DANIDA and AusAid, among others. During the course of 2008, the Project will develop targeted partnerships with the Supreme Court, A-G Office and the Bar as per the AWP.

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Section V:

Les sons learnt and Looking Forward

1.

Lessons Learnt During the Reporting Period:

Resource delivery of the Project depends largely on establishing the project office and the getting the project team on board within the shortest possible time. Changes in the existing circumstances vitally affect planned activities and targets. Formal separation of the Judiciary in November 2007 and proclamation of the National Human Rights Commission Ordinance in December had significant impact on the activities and outputs planned for the Project. Future strategic directions or recommendations:

2.

As per the approved Project AWP for 2008, targeted outputs from the project activities during the course of 2008 are: Strengthen the Supreme Court to enhance its oversight functions pursuant to the separation of the Judiciary from the Executive. A Justice sector-wide needs assessment will be conducted, steered by an Interagency Consultative Group (Development Partners), to identify strategies for institutional reform. Establish a network of lawyers in coordination with the Bar to promote the public legal services and develop strategic plans for establishment of a Legal Resource Network in Bangladesh with affiliation to other countries of the region for mutual sharing of experience. Also, the State sponsored legal aid schemes will be evaluated and recommendations formulated for reforms. The project will require a budget revision immediately to face out the activities for years 2008, 2009 & 2010. Recruitment of Project personnel should be complete by June, 2008. The Project Office should be made fully operational by the end of June 2008. The National Human Rights Commission Ordinance has been proclaimed in December 2007. The Project now needs to focus on the issues related to the actual establishment of the Commission as soon as the legislation is brought to effect by the Government. The Project Document including the components, outputs and activities need to be reviewed and revised in the backdrop of the developments that took place in the national scenario during the course of 2007 and to date. Project delivery needs to be substantially boosted in order to achieve the annual target set. A 40-45% delivery in the 2nd Quarter is recommended.

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Annexure 1:

O RGANISATIONAL S TRUCTURE

OUTCOME BOARD UNDP CD/DCD Team 1: Capacity Development National/International Professionals, Experts, Consultants PROJECT ASSURANCE GoB Secretary , MoLJPA Team 3: Participation & Democratic Culture Donors/other partners MoLJPA Team 4: Advocacy & Communication Team National/International Professionals, Experts, Consultants Project Support
Project officer Admin-cum-Finance Officer IT support Staff Project Assistant Finance Assistant Communication officer

Team 2: Legal & Policy Advices

National/International National/International Professionals, Experts, Professionals, Experts, PROJECT MANAGER Consultants Consultants PROJECT BOARD UNDP ACD (Governance) and Programme Officer National Project Director (Joint Secretary, MoLJPA)

UNDP ACD (Governance)

Implementing partners: Planning commission, ERD & IMED, NHRC, Supreme Court

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Annexure 2 Table 2.1: Policy Advisory Services

# Policy Support Subject Area or Title Name of Ministry, Department or Organization

NONE
Advisor Service Dates (from/to) No. of Days Value of Service (US$) Final Product

Table 2.2: Training/Capacity Building Events

Training or Capacity Building Initiative
The Project supported participation of two women Justices of the High Court Division, Supreme Court of Bangladesh in the Annual Conference of the International Association of Women Judges (IAWJ) Theme of the Conference was Equal Justice for All: Access, Discrimination, Violence, Corruption.

Ministries or Organizations
MoLJPA & UNDP

Date
25-28 March 2008

Location
Panama City, Panama 02

Number of participants

Key result or outcome

The two women Justices had the opportunity of learning international and national norms and practices related to access to justice and delivering justice with greater gender sensitivity as well as based on principles of equality, equity and nondiscrimination.

Table 2.3: List of Knowledge Products

Knowledge Products Authors Budget (USD)

NONE
Completion Date Key result or outcome

Table 2.4: List of Implementation Grants or Initiatives

Project Initiative Location/Place Benefiting Organizatio n or community Total Budget

NONE
Number of beneficiaries Key result or outcome

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Annexure:3 Detail Budget Expenditure 01 Jan-31 March 2008

Combined Delivery Report ATLAS References

Source Reference: ATLAS/UN Development Programme Report ID: ungl143p Run Time: 16-01-2008 03:01:32 Selection Criteria : Business Unit : BGD10 Period : Jan-Dec (2007) Selected Dept. IDs : ALL Award Id : 00041978 Impl. Partner : 00256 Selected Award Id : 00041978 Selected Fund Code : ALL

Selected Projects : ALL Period : Jan-March (2008) National Execution Project # : 00057761 Promoting Access to Justice and Human Rights in Bangladesh Location : Bangladesh

Dept: 39204 (Bangladesh - Dem. & Governance Fund : 04000 (UNDP-IPF / TRAC-(Trac 1.1.1 *)

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Quarterly Progress Report/Jan-March08-BGD/05/003 Annexure: 4 Glossary of Terms

ACC AusAid AWP BEC CIDA DANIDA DFID ERD GoB IDHRB IMED MoLJPA NGO NHRC NHRI NPD ToR

Anti-Corruption Commission Australian Assistant for International Development Annual Work Plan Bangladesh Election Commission Canadian International Development Agency Danish International Development Agency Department for International Development (U.K.) Economic Relations Division Government of Bangladesh Institutional Development of Human Rights in Bangladesh project Implementation, Monitoring and Evaluation Division Ministry of Law, Justice and Parliamentary Affairs Non-Government Organization National Human Rights Commission National Human Rights Institutions National Project Director Terms of Reference

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