Thematic Area: Democratic Governance
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Project Document
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AJDL Project Document
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Progress Report Quarter 2 JHRA
Traditional Justice in Afghanistan
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[Last Updated May 2011]
Justice and Human Rights in Afghanistan (JHRA)
JHRA is a multi-donor programme that helps to develop the capacities of the Government of Afghanistan in rule of law service provision and in state compliance with international human rights standards at both the central and sub-national levels.
ANDS Pillar 2 and Kabul Communique Focus Area
Governance, Rule of Law, and Human Rights
Proposed Budget
$37.0 mil USD
Resources*
$ 12.9 mil USD
Implementing Partners
Ministry of Justice (MoJ) Attorney General’s Office (AGO) Afghanistan Supreme Court (SCt) Civil Society Organizations
Donors
Canada, Denmark, EC, Germany, Norway, Spain, Switzerland , and the UK
Project Overview
The Justice and Human Rights in Afghanistan (JHRA) project assists the three national justice institutions, the Ministry of Justice, the Supreme Court, and the Attorney General’s Office, to increase their capacity to better contribute to the justice reform process and the realization of human rights in Afghanistan.
JHRA’s activities are targeted around three components:
Human Rights Support Unit (HRSU): This component assists the MoJ to strengthen the Government’s capacity to fulfill its interna-tional human rights obligations in conformity with the Constitution and international treaties. The HRSU, established in the MoJ, focus-es on:
1) Monitoring and following up on the implementation of the human rights treaties ratified by the Government;
2) Providing comparative study of Afghanistan’s laws and policies in accordance with international human rights standards;
3) Human rights education for the state officials.
District Level Component: This component works with the three justice institutions to strengthen access to justice in Afghanistan’s more than 350 districts through a combination of rehabilitation of district-level justice infrastructure, training of district justice offi-cials, and community level legal awareness activities. Through small grants and capacity building activities, this component also identifies Afghan CSOs with interest in human rights activities, and works to strengthen their capacity to design and implement advo-cacy campaigns.
Peace through Justice Joint Programme (PTJ): JHRA also benefits from synergy with the work of a third component, the Peace through Justice Joint Programme (PtJ). Supported by the MDG-F, the PtJ brings together 5 UN agencies to implement a joint program providing intensive support for strengthening access to justice in districts, combining different capacity development activities.
Context
Afghanistan’s justice system faces extraordinary challenges. Infrastructure has often been destroyed or damaged by fighting or decay; a full 97.8% of Afghanistan’s court houses are in need of construc-tion or rehabilitation. Legal professionals are often the victims of violence by insurgent groups who target them as agents of the state. Corruption is a constant concern; low pay and limited capacity to prosecute corruption has led to rampant corruption both within and outside the justice system.
The traditional justice system plays a major role in resolving conflicts, yet does so at times in violation of national and international human rights obliga-tions, particularly the rights of women. Cultural val-ues in Afghanistan, including a very strict interpreta-tion of Islam by some religious leaders, also often create obstacles to access to justice for women, by limiting their freedom of movement, literacy, and ability to assert their rights.
Key Results 2010
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Establishment of the Human Rights Support Unit and its Official Inauguration in the Ministry of Justice
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7 justice facilities, including court houses, detention centers and residences, handed over to district officials in Balkh and Baghlan Provinces; 9 new projects initiated in Faryab, Jawzjan and Badakhshan Provinces.
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Trained 55 Judges, 59 Prosecutors, 39 Huquq Officers, 18 Judicial Police, 638 Religious Leaders, 465 Teachers and 46,500 Students in Public Legal Awareness of Human Rights.
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Established the Supreme Court Translation Unit includ-ing a full-equipped Knowledge Resource Center; in 2010 the Unit translated the main UN human rights instru-ments, including the International Convention on Civil and Political Rights (ICCPR) and the Convention on Elimination of all forms of Discrimination against Women (CEDAW), into Pashto to increase the ability of Afghan judges to access international laws.
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Conducted a nationwide media campaign on access to justice and human rights, and awareness trainings for students
Teachers and Religious Leaders Request More Legal Awareness Trainings
UNESCO estimates that just 40% of children com-plete primary education in Afghanistan. With literacy rates hovering around 30% for adults (and less than 15% for females), creative ap-proaches have to be used to reach and inform the general population about complex issues.
UNDP’s Justice and Human Rights in Afghanistan (JHRA) project has partnered with local NGOs in 21 districts in three provinces in northern Afghan-istan to reach communities and inform them about issues relating to the law and their individ-ual rights under the law. One type of awareness raising is via public theatre, engaging the commu-nities through humor and fictional storylines.
Working with a local NGO, JHRA has organized 42 theatre performances in public squares and per-formance centers on topics such as domestic violence, family law and the settlement of land disputes. In the Kishem District of Badakhshan, for example, approximately 1,500 spectators turned up in early 2010 to watch some of the country’s best-known actors stage a performance on forced marriages.
Says Timor, a local farmer who happened upon the performance, “This type of domestic violence does exist. Public theater is a good way to teach people about these issues because it looks at real life.”
The JHRA project also conducts regular “training of trainers” (ToTs) in partnership with local NGOs to inform community leaders about the issues. These leaders – such as teachers and village el-ders – can then pass these ideas onto their con-stituents. Since community councils, known as shuras or jurgas, often resolve family and other disputes where the formal justice system is una-ble to operate, JHRA and its partners have also reached out to Islamic leaders to integrate hu-man rights principles into traditional community dispute mechanisms. JHRA ToTs reached over 435 teachers and 46,500 secondary school stu-dents in 2010.
JHRA Contacts
Arthur Graham
JHRA Programme Manager
arthur.graham@undp.org
Kobra Ahmadi
Programme Officer
Democratic Governance Unit
kobra.ahmadi@undp.org
+93 (0) 795 840 102
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