Suggestions for Speedy & Inexpensive Justice

Presentation to the Committee of the WholeThe Senate of Pakistan

19 August 2015

“ … a qualitative shift is required (from piecemeal law reforms) to address the “systemic” and structural issues hindering the provision of speedy and inexpensive justice …”

“… which the Senate may be best placed to lead.”

Enforcing Law, Focus on OrganisationsOrganisation – fair, inclusive and impartial

(i) Structured oversight frameworks/mechanisms for parliament - rigorous evaluation of implementation of law

(ii) Justice organizations to review their own laws and rules, and submit their reports to the relevant parliamentary committees and other oversight bodies

(iii) Annual reports submitted to Parliament with relevant information

(iv) Ombudsman conduct assessments to check the quality of administration and notify standards for “good administration” and transparency.

Focusing on Service Delivery

a clear focus is required on service delivery and justice needs

(i) The determination of citizens’ justice needs as a performance baseline and must conduct annual citizens’ needs assessments/surveys

(ii) Given the mandate, Ombudsman to conduct and publish citizens’ satisfaction surveys for justice sector organisations

(iii) Ombudsman and Information Commissioners to notify focal/designated persons for each local justice sector office/unit for public grievance redress and information provision

Service Delivery is Local

Local service delivery units is the weakest point

The Ombudsman offices and Information Commissioners to:

(i) notify and implement transparency and good administration standards based on

(ii) regular assessments to address systemic failures and setting suitable good administration and transparency standards

The System Approach to the Justice Sector Reform

Systems approach necessary to address issues multi-organisational, inter-related horizontal process to strength the various point of service delivery

Provincial justice committees

Rule of law reform narrative

Structuring Justice Organisations – Functional Specialisation

re-structure justice organisations functionally, moving towards more specialization to improve the quality of decision-making and service-

delivery

The respective justice sector organisations to:

(i) Formulate and implement timebound monitorable plans for restructuring organisations based on functions

(ii) Formulate performance standards for each function

(iii) Develop monitoring and evaluation frameworks/systems

(iv) Formulate timed and monitorable plan for transitioning to competency-based frameworks focusing on practical skills and knowledge

Quality Assuring Justice Services & Performance

There is no quality assuring of justice service delivery

There are no targets or standard setting to objectively assess the quality and reach of service delivery

(i) Monitoring and evaluation frameworks and mechanisms may be developed by for each organizational function

(ii) Formulate performance/target frameworks and quality standards. This would greatly assist departmental planning and external oversight including Parliament and Ombudsman offices to evaluate and plan performance.

Mal-administration in the Justice SectorA key challenge is “mal-administration” in the justice sector that is

increasing an already heavy caseload in the courts

… there is very little effort to address the critical “systemic” challenges that are at the root causes of “mal-administration”

As per their mandate, Ombudsman offices may be required to:

i. periodically conduct institutional, organizational and impact assessments to report on the quality and reach of justice services against good administration standards

ii. Information Commissioners need to ensure sufficient transparency for effective monitoring/oversight and citizens to assert their rights and claim their entitlements by issuing transparency standards for the justice sector

Weak Implementation of Laws

Weak administrative and technical capacities are resulting in the weak implementation of laws

Functional specialisation - develop specialised cadres

(i) Vacant positions need to be filled at the earliest

(ii) Rationalise positions based on functional specialisation and strengthening local service delivery units

(iii) Each post and unit must have defined terms of reference with performance targets to enable objective performance evaluation

(iv) Posts open to direct recruitment to attract best person available from the public and private sectors and enhance incentives to retain such persons

The Information Technology Opportunity

The application of information technology provides a definite opportunity to reduce delays and transaction costs, and enhance transparency, integrity and efficiencies

Situational analysis

National justice sector automation plan

Regulatory Collapse

The prisons have one of the most elaborate regulatory frameworks yet - not a single official or body providing effective oversight to ensure the application of prison

laws and rules.

LJCP to monitor the quality of regulation through court petitions and judgments, reviews and to make reform recommendations

(i) Ombudsman to conduct institutional, organisational and impact assessments to strengthen the effectiveness of regulatory frameworks and issue necessary good administration standards

Ensuring IntegrityA key challenge is maintaining integrity

in the justice sector

Federal and provincial bodies and organisations to:

(i) Formulate monitorable plan for strengthening their integrity processes and procedures

(ii) Implement a monitorable “zero-tolerance” plan for mal-administration monitored by the relevant parliamentary committees and Ombudsman offices

(iii) The Ombudsman offices shall devise integrity (and transparency) standards for organisations

(iv) Formulate templates for parliamentary scrutiny

Designing Laws & Institutions Effectively

Effective laws and institutions need to be able to elicit voluntary compliance - connecting to citizens’ values, needs and expectations

Legal and public policy must be inclusive and participative taking into account citizens’ experiences of the justice sector as the empirical basis for reform

(i) A right to consultation needs to be provided to ensure citizens’ input on design and implementation of laws, policy and regulatory frameworks and their modes of implementation and oversight

(ii) Enhance the provision for civic oversight and monitoring

(iii) The Information Commissioners to notify transparency standards to ensure effective civic monitoring, oversight and engagement in policy-making and service-delivery responsive to citizens’ needs.

Enhancing Reform Capacities

LJCP to strengthen technical and administrative capacities to effectively coordinate and lead rule of law reforms as a policy hub to develop an informed

and broad-based national rule of law reform narrative.

Rigorous, evidence-based and inclusive research methodology

Law & Justice Commission of Pakistan is in the process of restructuring and repositioning itself with the appropriate technical skill set

The LJCP will adopt an inclusive “total solution” approach to law reform that proceeds from implementation and impact as the empirical base to formulating suitable legal policy and laws

LJCP will also construct an evidence-base as a policy hub that will enable a more participative, open and richer policy debate

Will monitor and evaluate implementation and impact to improve the quality of accessible justice service delivery

Strengthening parliamentary oversight

Annual reports

Institutional strengthening

-law, policy and regulatory frameworks

- right to consultations

Organisational strengthening

-Value chain analysis

- Monitoring, evaluation and quality assurance frameworks

- Accountability structures –performance, transparency, integrity standards

In Summary

Executive, political, civic

Information base

Capacity building

- technical skill-sets

- modernising training, competency-based frameworks

Budgets – “Policy manifest”

-Sufficiency versus lapsed funds

In Summary

Thank you

for your consideration