FINAL EXTERNAL EVALUATION OF THE JUSTICE PARTNERSHIP PROGRAMME IN VIETNAM

Transcription

1 particularly controversial EUROPEAN UNION DELEGATION IN VIETNAM FINAL EXTERNAL EVALUATION OF THE JUSTICE PARTNERSHIP PROGRAMME IN VIETNAM Framework Contract Beneficiaries Lot 7 - Governance and Home Affairs Contract N 2015/356274/1 FINAL REPORT Prepared by Additional input: Pierre ROBERT Finn HANSEN Sascha Oliver RUSCH (Visibility Materials) October 2015 The project is financed by the European Union The project is implemented by IBF International Consulting and Niras International Consulting

2 The contents of this publication are the sole responsibility of the authors and can in no way be taken to reflect the views of the European Union or those of any of the institutions and organisations mentioned. Page 2 of 146

3 ACKNOWLEDGEMENTS The consultants extend thanks to all those who gave their time and contributed information during the evaluation and provided technical support. They are grateful in particular to the following organisations, government departments, offices and individuals, for supporting the evaluation with practical arrangements and for generously sharing insights and documentation about the Justice Partnership Programme: The directors and staff of the International Cooperation Departments of the Ministry of Justice, Supreme People s Court and Supreme People s Procuracy; The Secretariat and leadership of the Vietnam Bar Federation; The Secretariat of the Justice Initiatives Facilitation Fund and representatives of civil society organisations; and The Resident Technical Assistance Team of JPP Component 1 and the British Council; The evaluators are also grateful to the support given to them by the European Union Delegation in Vietnam and the Embassies of Denmark and Sweden, whose staff devoted time and energy to the evaluation process and discussed the programme in detail. The evaluators would also like to thank the Ministry of Justice, the Vietnam Bar Federation, the Embassy of Denmark and the European Union Delegation for the detailed comments they provided concerning an earlier draft of this report. These comments were substantial and constructive, and have contributed to improving the report markedly. The evaluators extend their personal gratitude to Ms Hoang Thanh Le for her diligence and unfailing support in making logistical and interpretation arrangements. All errors or omissions remain the responsibility of the authors. Page 3 of 146

4 ABBREVIATIONS AND ACRONYMS ACDC ADR CBA CPC CPV CSAGA CJRSC CSO DAC DK DKK EUD EU EU JULE EUR ET FA HCMC ICD JICA JIFF JPP JRS KRA MoF MoJ NGO OECD ONA PM PMU RTAT SE SEK SPC SPP TA TAPs TOR UN UNDP USD VBF Action for the Community Development Centre Alternative Dispute Resolution Canadian Bar Association Criminal Procedure Code Communist Party of Vietnam Centre for Studies and Applied Sciences in Gender Central Judicial Reform Steering Committee Civil Society Organisation Development Assistance Committee Denmark Danish Crowns European Union s Delegation European Union EU Justice and Legal Empowerment Programme Euros Evaluation Team Financing Agreement Ho Chi Minh City International Cooperation Department Japan International Cooperation Agency Justice Initiative Facilitation Fund Justice Partnership Programme Judicial Reform Strategy Key result areas Ministry of Finance Ministry of Justice Non-Governmental Organisation Organisation for Economic Cooperation and Development Office of the National Assembly Prime Minister Programme Management Unit Resident Technical Assistance Team (of Component 1 of JPP) Sweden Swedish Crowns Supreme People s Court Supreme People s Procuracy Technical Assistance Technical and Administrative Provisions Terms of Reference United Nations United Nations Development Programme United States Dollars Vietnam Bar Federation Page 4 of 146

5 TABLE OF CONTENTS Acknowledgements... 3 Abbreviations and Acronyms Executive Summary Background Findings of the evaluation Conclusions Recommendations Introduction Background The Justice Partnership Programme Methodological aspects General Context Evaluation Findings Programme level findings Findings on component Findings on component Findings on component Conclusions Programme level Component level Recommendations To the EU and other donors To Vietnamese institutions Annexes Annex 1 Evaluation Terms of Reference Annex 2 Evaluation methodology Annex 3 Logical frameworks Annex 4 List of documents consulted Annex 5 List of people consulted Annex 7 Visibility and communication products Annex 8 Composition of the Evaluation Team Page 5 of 146

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7 1. EXECUTIVE SUMMARY 1.1. Background This report contains the findings and conclusions of the final external evaluation of the Justice Partnership Programme (JPP), implemented in Vietnam from July 2010 until the end of June The objectives of the JPP were to strengthen justice sector state institutions in their efforts to implement judicial reforms; to empower a self-managing Vietnam Bar Federation (VBF) and support lawyers; and to enhance the capacity of non-government organisations (NGOs) to contribute to awareness of rights, access to justice and judicial reforms. The total donor funding from Denmark, the EU and Sweden was approximately 18.7m 1. The programme was divided into three components, each dealing with a specific set of stakeholders. Component 1 provided support to the Ministry of Justice (MoJ), the Supreme People s Court (SPC) and the Supreme People s Procuracy (SPP) to improve procedures, strengthen institutions and develop staff capacity. Component 2 provided support to the VBF through the Canadian Bar Association (CBA). Component 3 provided project grants to non-governmental organisations (NGOs) working on justice issues, with the objective of enhancing the capacity of NGOs to contribute to awareness of rights, access to justice and judicial reforms. The final external evaluation s global objective is to conduct a comprehensive final assessment of the Justice Partnership Programme, both as an overall intervention and at the level of its three individual components, and to assess the programme performance with regard to its key result areas: outcomes and results against targets, impact, progresses and challenges in the context of the developments in the justice sector in Vietnam. The evaluation started in March 2015 with a document analysis phase; the evaluators subsequently conducted two visits to Vietnam, of about two weeks each, in April and in May/June A debriefing seminar was held in Hanoi on 5 June 2015 to discuss the evaluators preliminary findings. The draft report was circulated to stakeholders for comments in June; the present version takes into account all the comments received. The evaluation followed the OECD DAC criteria for evaluation of development assistance: relevance, efficiency, effectiveness, impact, and sustainability 2. 1 The funding approved by the donors was as follows: EC/EU: EUR 8.0 million; the Ministry of Foreign Affairs of Denmark: DKK 78.7 million and Ministry of Foreign Affairs of Sweden SKK 9 million. The corresponding amounts in EUR are subject to exchange rate fluctuations prevailing at the time of disbursement. 2 Page 7 of 146

8 1.2. Findings of the evaluation The programme was very relevant, in that it addressed clearly identified needs and requirements for Vietnam to improve key aspects of its justice system. Component 1 was designed appropriately to be demand-led, providing assistance with legal drafting, organisational reform and capacity building. Component 2 was designed to help ensure that Vietnam s lawyers could be better represented by a functioning organisation and that their capacity to support citizen s access to justice could be enhanced. Component 3 was designed to help ensure that a broad range of NGOs could support citizens with legal advice and a better understanding of their rights and of access to justice modalities. Nevertheless, the formulation of programme outcomes was, in some aspects considered in this report, both overambitious and insufficiently rigorous to be achievable. The programme would have benefited, in terms of relevance, from some more rigorously formulated results, more reflective of the specific opportunities for reform offered by Vietnam s official Judicial Reform Strategy and of the constraints under which the judicial sector operates. The design of the programme has only to a modest degree ensured coordination or cooperation between its three components. In general terms, the programme adequately integrated gender mainstreaming issues. The programme was generally effective in that most anticipated key results areas were achieved or were in the course of being achieved at the time of the evaluation. The programme has helped Vietnam achieve progress in judicial reform. Two key factors appear to have contributed to the effectiveness of the programme: the quality of the technical advisory teams and experts; and the fact that the programme lasted five years, which contributed to the Technical Advisory (TA) teams achieving in-depth understanding of the needs of their beneficiary organisations and developing effective response mechanisms. Nevertheless, feedback from stakeholders and the analysis of the JPP s logical framework suggest that a more coherent intervention logic could have contributed to enhancing aspects of the programme s effectiveness. The programme was efficient in the sense that funds were used in accordance with plans and that the programme can be considered to have constituted good value for money. The programme achieved significant elements of impact. In Component 1, a broad range of new skills were acquired by relevant judicial officials. In Component 2 lawyers awareness of, and consultative role in, judicial reform, has been enhanced while also reinforcing their professional standards. The key impact of Component 3 has been to disseminate an understanding of justice issues to a range of grassroots and vulnerable groups. Impact could have been even stronger through tighter interaction amongst the three components, and through enhanced visibility in the public and relevant institutions (such as the National Assembly) of the programme s three components. Page 8 of 146

9 The programme achieved a degree of sustainability in that it contributed to Vietnam moving closer to international standards in key legislative areas. Nevertheless, continued progress remains, in part, contingent on the maintenance of financial support by donors Conclusions Programme level: The programme performed well against the evaluation criteria. Some parts of the programme logical framework lacked rigour and precision. The programme did not include sufficient opportunities for cross-fertilisation between components. There was insufficient dialogue on substantial or strategic issues between the TA teams and the donors. The programme management structure was unwieldy and overly demanding in terms of staff resources. The programme lacked a joint communication and visibility strategy. The programme lacked adequate monitoring and reporting mechanisms on the achievement of outcomes, and did not sufficiently address forward planning. Component 1: Component 1 helped ensure that the personnel of the beneficiary institutions acquired new skills relevant to effective rule of law. The RTAT managed its input into the component effectively and efficiently; the component achieved most planned results and laid the groundwork for some durable outcomes. The demand-led approach taken by the component was appropriate to ensure beneficiaries buy-in and commitment, but led to a broader scope of activities than was originally envisioned. The component was effective, in the sense that KRAs were achieved to a substantial degree by all three institutions. The capacity building activities undertaken by the component were widely praised. However, the lack of long-term planning (linked to the institutions capacity development plans) made it difficult to ensure a predictable process of capacity building. The RTAT developed a relationship of trust with the beneficiary institutions, but did not discourage a silo approach, treating each institution separately. Page 9 of 146

10 Component 2: The component effectively contributed to the improved representation of Vietnam s lawyers, by significantly enhancing the organisational development of the VBF. The period of TA support by the CBA was too short to ensure that the VBF became solidly established. The VBF continues to be weak in terms of services rendered to its membership, internal communication, and leadership accountability. The component s support was innovative in that it ensured that the organisation of the VBF is established along lines consistent with international practices, and in that it prioritised the establishment and monitoring of ethical standards for lawyers. The VBF is not yet in a position of institutional and financial stability, and needs continued support. The component lacked an explicit exit strategy aimed at limiting the VBF s dependency on external funding. Component 3: The component effectively contributed to enhancing the capacity of NGOs to give legal advice and raise awareness of human rights among vulnerable people in Vietnam. The JIFF Secretariat managed the component effectively and efficiently; its support to community organisations helped broaden the reach of the programme. The component had limited engagement with national-level institutions and with the legal profession. Thematic platforms of informal, thematic information-sharing groups could enhance the visibility of the work of NGOs at national level Recommendations To the EU and other donors: The EU and other donors should continue to support the development of the judicial sector in Vietnam. The EU and other donors should continue to support grant schemes that help civil society organisations in Vietnam to provide support to citizens in relation to human rights and to contribute to access to justice. The EU and other donors should continue supporting the development of VBF through technical advice and targeted project support. The EU should ensure that its future programmes in relation to the judicial sector, including the forthcoming EU JULE, should be managed in ways that take into account the lessons learnt from the JPP. In particular: o Programmes logical framework should be drafted with rigorous terminology, clear intervention logic and appropriate indicators of performance. Page 10 of 146

11 o Programmes should take a holistic approach, promoting cooperation and learning across components (if any), with a view to broadening the dialogue about judicial reform to stakeholders that include NGOs, as well as lawyers. o Programmes monitoring should be a priority. o Programme contractors should be encouraged to contribute strategic insights to the EU s political dialogue with Vietnam. o Contractors should be required, as part of their progress reports, to address any changes in the broader context in Vietnam which may affect the intervention logic or the achievement of outcomes and objectives. o Programmes should have an explicit public awareness strategy, aimed at ensuring the dissemination of knowledge about judicial reform, human rights and access to justice. In relation to the NGO grant mechanism of EU JULE, the EU should consider the following recommendations when framing contractual arrangements for implementation: o The possibility of extending the duration of projects; o Responding to MoJ administrative concerns; o Encouraging NGOs to establish thematic information-sharing arrangements at national level; o Considering the option of targeted thematic calls for proposals; o Supporting outreach to new, innovative NGOs, especially in geographical areas where few JIFF projects were carried out under JPP; o The possibility of prioritising input to national policies as a specific grant activity; o The use of spot-check monitoring and outcome assessment. To the Vietnamese institutions: The MoJ, SPC and SPP should reduce the number of areas of work in which they seek assistance from future cooperation programmes; with a view to concentrate the impact of assistance on a smaller number of priority areas. The MoJ, SPC and SPP should develop rolling work and training plans over at least 18 months, so that staff are given longer notice of upcoming training opportunities and can plan their work accordingly. The VBF should reinforce internal communication mechanisms and prepare a medium- to long-term organisational development plan based on existing outlines. Page 11 of 146

12 2. INTRODUCTION 2.1. Background This report contains the findings and conclusions of the final external evaluation of the Justice Partnership Programme (JPP), implemented in Vietnam from July 2010 until the end of June The JPP was the result of a decision by the European Commission and the Ministries of Foreign Affairs of Denmark and Sweden to harmonize their efforts to support the justice sector reform in Vietnam. The EU committed 8m, Denmark: DKK78.7m and Sweden SKK9m: these contributions were estimated at the time of programme design to amount to total donor funding of approximately 18.15m. 3 The EU Delegation in Vietnam (EUD) commissioned a consortium of consultancy firms led by IBF International to conduct the final external evaluation of the programme. Two independent consultants carried out the assignment, starting in March A third consultant provided support for the design of visibility materials. Following a brief document analysis phase, the evaluators conducted two visits to Vietnam, of about two weeks each, in April and in May/June The evaluators submitted an initial draft of the present report to the donors, who commented on it and circulated it to other relevant stakeholders for further comments. Comments were received from the EUD, the Danish Embassy, the Ministry of Justice and the VBF. The present version of the report takes into account all the comments received, as follows: The majority of comments have been incorporated in the report in the form of additional or substitute text; In a small number of instances differences of views between the report s authors and stakeholders are noted in footnotes. 4 The evaluation Terms of Reference (TOR) state that its global objective is to conduct a comprehensive final assessment of the Justice Partnership Programme, both as an overall intervention and at the level of its three individual components, and to assess the programme performance with regard to its key result areas: outcomes and results against targets, impact, progresses and challenges in the context of the developments in the justice sector in Vietnam. The TOR further set out a seven specific evaluation objectives, including: Assessing the programme s relevance, effectiveness, efficiency, sustainability and impact, taking into account other interventions by development partners in Vietnam; Identifying constraints that affected programme implementation; 3 Due to the funding in three different currencies (EUR, DKK and SEK), the actual total funding will only be known once all final financial reports are submitted, and will be calculated on the basis of the exchange rates prevailing at the time of disbursements. 4 A very small number of comments were not taken into account, without this being indicated in the text. These were purely stylistic edits or matters of form relating to the length of the report. Page 12 of 146

13 Assessing the success and visibility of the programme in raising the profile of the donors as cooperation partners in Vietnam; and Drawing lessons and developing recommendations that may be relevant to other similar interventions, including the future EU Justice and Legal Empowerment Programme in Vietnam (EU JULE). This report is organised as follows: 1. Section 1 is a brief Executive Summary, designed as a stand-alone document. It provides a very brief outline of the JPP and summarises the evaluation findings and conclusions at programme level and in relation to each component. It summarises key lessons learned on the basis of evidence obtained and the recommendations that stem from these. For ease of reference, the structure of the Executive Summary follows closely that of the main text of the report. 2. Section 2 this introduction outlines the programme in some detail, focusing in particular on the intervention logic (link between objective, purposes, key results and activities). It also provides a brief methodological overview of the evaluation, reviewing in particular the key evaluation and judgement criteria, the data collection methodology and the evaluation phases (additional methodological information is annexed to this report). This section also reviews the political and legal context in which the JPP was designed and implemented: the aim of this contextualisation is to inform the assessment of the programme under the evaluation criteria. 3. Section 3 contains the findings of the evaluation. This section starts with programmelevel findings, structured around the criteria set out in the TOR. This section further assesses each component under the same criteria, on the basis of the evaluation questions stemming from the TOR. A number of short case studies illustrate the findings. 4. Section 4 sets out the conclusions and lessons learned from the evaluation, at programme and component level. These conclusions and lessons learned stem from the evidence provided in the findings section, seeking to identify common patterns across components and to set out whether, and how, the programme s performance could have been enhanced (or how to enhance the performance of future programmes). 5. Section 5 contains recommendations to donors and other programme stakeholders, based on the findings and conclusions sections, and geared to the implementation of future programmes in a similar field. The report includes a number of annexes, as required under the TOR: TOR; Methodological outline; Logical frameworks for the programme; Additional data (questionnaire results, financial and other programme data); and Lists of people consulted and documents reviewed. Page 13 of 146

14 The following visibility and communication products were required under the TOR, summarising the evaluation methodology, findings, conclusions and recommendations: PowerPoint presentation; Leaflet; Short article. These documents are submitted separately (not appended to this report) because they are prepared with software that is not easily compatible with that used for this report The Justice Partnership Programme A Joint Financing Arrangement between the Government of Vietnam, the Government of Denmark and the Government of Sweden concerning JPP was signed in September A Financing Agreement (FA) between the EU and the Government of Vietnam (represented by the Ministry of Justice) was signed in June Both agreements were guided by the JPP Programme Document (final version dated July 2009), according to which the objectives of the programme were the following: To strengthen justice sector state institutions in their efforts to implement judicial reforms; To empower a self-managing Vietnam Bar Federation (VBF) and support lawyers; and To enhance the capacity of non-government organisations (NGOs) to contribute to awareness of rights, access to justice and judicial reforms. To achieve these three objectives, the programme was divided into three components, each dealing with a specific set of stakeholders. According to the JPP Programme Document, the intervention was designed as follows: Under Component 1, Justice sector state institutions strengthened in their efforts to implement judicial reforms, the programme was to support three purposes abbreviated from the orientations of Vietnam s Judicial Reform Strategy (JRS, see section below): 1. Judicial procedures improved to ensure they are consistent, democratic, transparent and respect human rights. 2. Judicial organs and judicial support institutions re-organized and strengthened. 3. Capacity of judicial staff, support staff, lawyers, legal aid providers, and other categories of justice sector professionals and actors strengthened. Three key state institutions the Supreme People s Court (SPC), the Supreme People s Procuracy (SPP), and the Ministry of Justice (MoJ) received institutional support to implement their respective tasks and priorities under the JRS. Page 14 of 146

15 Under Component 2, Empowerment of a self-managing Vietnam Bar Federation and lawyers supported, the Vietnam Bar Federation (VBF) supported to create and put into place norms and structures for self-management and regulation of the profession. The VBF would receive support to assert itself as articulator of professional common interests and views, and to organise training for aspiring and already active lawyers. Under Component 3, Capacity of Non-Government Organizations to contribute to awareness of rights, access to justice and judicial reforms enhanced, the programme was to provide application-based support to Non-Government Organizations to facilitate a range of initiatives relevant to law and justice. The donors Three donors worked together in support of the JPP. Denmark contributed DKK78.7m and Sweden SEK9m according to the financing agreement with the Government of Vietnam, (this amounted to a contribution of about 10.7m according to the JPP programme document). Sweden transferred its contribution to Denmark for the joint management of their funds. It supported the following areas: Technical assistance for components 2 and 3; Audits (for components 2 and 3); Grants (under component 3); and Operating costs for components 1, 2 and 3 (activity budget). JPP Mid-term review; Other technical reviews and assessments. The EU s contribution amounted to 8m, and covered: Technical assistance for component 1; Assessments; JPP conferences; JPP communication and visibility; Evaluation costs; and Contingencies. As the programme comes to a close, final and audited consolidated figures on actual spending will become available. Some differences between initial plans and actual spending are noted in the findings chapter of this report, though these did not substantially impact on the overall implementation of the programme. Due to its mandate, the Ministry of Justice is the leading agency of the JPP and signatory as representative of the Government of Vietnam of the two agreements with the donors. A Partnership Committee was set up in order to promote policy dialogue and the overall oversight of the programme. In addition, Steering Committees were established for each of the three partners under component 1 (SPC, SPP and MoJ), for component 2 (VBF) and for Page 15 of 146

16 component 3 (JIFF). MoJ and Denmark/EU co-chaired the Steering Committees. A Grant Committee was established for component 3 to assess and approve proposals for grants to the NGOs. The British Council provided Technical Assistance (TA) to component 1 partners. The Canadian Bar Association provided TA to the Vietnam Bar Federation. Component 3 was managed by Global Justice Solutions (today a subsidiary of Coffey International Development), which organised the grant scheme based on calls for proposals, and managed NGO capacity building activities Methodological aspects The objectives of the evaluation are outlined in section 2.1 above. An overview of steps taken to implement the evaluation is annexed to this report. This section outlines additional elements. The scope of the evaluation was the range of activities carried out under the JPP. While this scope was clearly defined it included all the technical assistance and all the activities implemented with JPP support, direct or indirect the evaluation narrowed its scope down to some extent, as follows: In relation to the programme level assessment: the evaluation focused on the overall programme design and on the delivery of the planned key results areas. It also considered issues of programme management, including coordination among donors and among technical assistance providers, as well as coordination at the level of the Vietnamese beneficiaries. In relation to component 1: the assessment prioritised the gathering of information from representatives of the three beneficiary institutions (MoJ, SPC and SPP), with a particular focus on officials who were involved in the management of the component (mainly staff working in the International Cooperation Department [ICD] of each institution) and those who planned and participated in activities such as training sessions, conferences,, legal drafting, etc. The evaluators also sought detailed input from the Resident Technical Assistance Team (RTAT 5 ) to understand the implementation mechanisms and liaison processes that were used. 6 In relation to component 2: the evaluators sought the views of the technical assistance provider (the CBA) through the CBA representative who had been stationed in Hanoi. They sought detailed information from members of the VBF s elected leadership and from the staff members of the VBF Secretariat. The evaluators 5 RTAT refers to four long-term experts providing TA under Component 1, and their administrative support. 6 The evaluators also met a journalist as well as academic and legal experts at conferences they attended, who provided them with independent views about the quality of aspects of the programme, such as draft legislation. In this regard, they regret that they were unable to meet with National Assembly deputies involved in the legislative process. Page 16 of 146

17 also met some lawyers at local level, including some working in NGOs involved in component 3. In relation to component 3: the evaluators sought detailed information from the JIFF Secretariat and from individuals who had served on the Facility s Grants Committee, as well as from the MoJ officials who oversaw the component s operational and financial reporting. They also interviewed several NGO representatives in Hanoi and Hoa Binh, meeting also with a small number of final beneficiaries. This approach involved some limitations: There was only to a limited extent an attempt to evaluate individual activities implemented under the JPP, such as training sessions and in the case of component 3 individual NGO projects. The number and diversity of activities would have made individual evaluation impractical and inefficient in view of the levels at which the evaluation was pitched: programme and component. However the evaluators did seek to gain an understanding of the quality of the activities and project undertaken, by studying reports, asking participants about their views of training sessions, asking beneficiaries from selected NGO projects about the quality of the support received and circulating a questionnaire to NGOs (a summary of the latter is annexed to this report). Feedback from technical advisors and officials at beneficiary institutions was also useful to triangulate the information on activities that was gained from reports and other sources. The evaluators were unable to make extensive field visits outside Hanoi. They only visited Ho Chi Minh City in the south and Hoa Binh in the north. This small sample is by no means representative of the geographical reach of the programme: in addition to national-level activities, the three components involved activities in at least 47 of Vietnam s 63 provinces and province-level districts. However, the broad range of stakeholders met and documentation studied ensure that the evaluators were able to form a well-rounded view of the programme s achievements and of the challenges it faced. The evaluators used tools including desk study, semi-structured individual and group interview, and a questionnaire. The evaluation questions were based on the standard criteria set out in the TOR, in accordance with the standard methodological guidance of the EU and the Development Assistance Committee of the Organisation for Economic Cooperation and Development (OECD-DAC). These are summarised in the methodological annex General Context Vietnam, a country of over 90m people, has enjoyed remarkable economic growth and modernisation in the last decades, with gross domestic product per capita exceeding US$2,000 in 2014 (equivalent to over US$5,600 at purchasing power parity). Many social Page 17 of 146

18 indicators have also improved markedly over this period, including in relation to health and education, though UN reports highlight the need for continued improvements in access to both of these social services. 7 The country has also enhanced its international status. A member of ASEAN since 1995, Vietnam cooperates on a range of issues related to the programme with its regional counterparts. (Vietnam has also been the coordinator country for ASEAN s dialogue with the EU for the period ) The institutional structures in the judicial sector have not, however, undergone change as rapidly as in the field of economic development. Many traits of the 1992 Constitution (amended in 2001), which was in force at the time the JPP was designed, remain in force today under the current Constitution, adopted in The 2013 Constitution 8 defines the State as socialist (Art. 2) and the Communist Party of Vietnam (CPV) as the force leading the State and society (Art. 4.1). Constitutional provisions relevant to the JPP In an innovation compared with previous constitutional texts, the 2013 Constitution contains a chapter entitled Human Rights, Fundamental Rights and Obligations of Citizens, which provides for a degree of formal recognition of human rights. However, it does not refer to international definitions in this respect, subjects the exercise of human rights to domestic legislation, and does not explicitly provide for the incorporation of international human rights standards ratified by Vietnam into Vietnamese law. 9 The Constitution assigns the People s Courts and People s Procuracies the duty to safeguard the law, human rights, citizens rights, the socialist regime, the interests of the State, and the rights and legitimate interests of organisations and individuals (Arts and respectively). This formulation, while acknowledging human rights, falls short of international human rights standards ratified by Vietnam. The Constitution safeguards the right to a defence counsel (Art. 31.4) and states that the right of the accused or defendants to a defence, and the rights of involved parties to protect their legitimate interests, shall be guaranteed (Art ). However the constitutional safeguards for fair trial fall short of those set out in international standards, and there are no specific safeguards for lawyers, either individually or as a profession. The right to association 7 The economic and population figures are those published by the International Monetary Fund (World Economic Outlook, See also United Nations, Human Development Report 2014, 8 All quotes from the Constitution are from the text published by Viet Nam News, an official English-language newspaper. See 9 Vietnam is a signatory to a number of international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discrimination against Women. In comments on an earlier draft of this report, the MoJ stated that Vietnam basically complies with the contents of the ICCPR. Page 18 of 146

19 is recognised (Art. 25) along other rights and freedoms, the exercise of which being as prescribed by law. This constitutional context constrained the extent to which legal reforms could achieve the development and implementation of procedures that were respectful of human rights, as set out in the JPP Programme document in relation to component The provisions on the right to a defence counsel were also difficult to reconcile with international standards for fair trial, thus posing a challenge to the aim of component 2, to empower a self-managing VBF. By contrast, the constitutional provisions did not as such pose a challenge to the implementation of component 3, aiming at building the capacity of NGOs to contribute to awareness of rights, access to justice and judicial reform The Judicial Reform Strategy Several activities and results under components 1 and 2 of the JPP were consistent with the national judicial reform strategy adopted by Vietnam. The main blueprint for judicial reform in Vietnam since 2005 is entitled: Resolution 49-NQ/TW of the Political Bureau of the Communist Party of Vietnam (CPV) on the Judicial Reform Strategy to 2020 (hereinafter referred to as JRS). 11 According to the JRS, the overall objective of judicial reform in Vietnam is: Building an ethical, healthy, strong, democratic, strict, fair and justice-protecting judiciary, as well as ensuring that the judiciary will be modernized on a step by step basis to serve the Socialist Fatherland of Vietnam and its people and that the judicial activities, among which adjudication plays the key role, will be highly efficient and effective. The JRS sets out five implementation principles: Judicial reform must be under the leadership of the Party; Judicial reform must stem from the requirements of socio-economic development; Judicial organs must be put under the oversight of elected bodies and of the people; Reform must stem from Vietnam s legal tradition and selectively adopt international experiences; and Reform must be carried out in a fast and comprehensive manner. The strategy further sets out the following tasks of judicial reform: Improving criminal and civil law policies and legislation as well as judicial procedures; Reorganising judicial organs with a focus on the organisation of the People s Courts; Improving judicial support institutions, including lawyers; 10 In a comment on an earlier draft of this report, the EUD noted that the JPP was designed to be in line with the JRS and that the 2013 Constitution was not yet in force when the JPP was designed. This is of course correct, but the previous Constitution included provisions, not put into question by the JRS, which also constrained the achievement of some of the JPP s broad objectives. 11 The United Nations Development Program (UNDP) produced an unofficial English translation of the JRS in Page 19 of 146

20 Building a strong contingent of judicial and support staff; Improving oversight mechanisms of elected bodies and enhancing the people s ownership of the judiciary; Strengthening international cooperation in the judicial sector; Ensuring the availability of physical infrastructure for judicial activities; and Further develop the leadership of the Party over judicial work. Within this broad framework, the JRS provided a number of possible entry points for reform in areas of interest to the EU, Denmark and Sweden. These included: The suggestion that judges (as well as prosecutors and investigators) could be enabled to enhance their independence and accountability in making judicial decisions; The suggestion that mechanisms for enabling lawyers to perform effective adversarial litigation during trials and hearings could be improved, while clearly defining lawyers responsibilities. The JRS also referred to the State creating favourable legal conditions to promote the self-management status of lawyers organisations. The introduction of other innovations, such as adversarial litigation modalities; the restructuring of district courts; the publication of judgements; the restructuring of the Procuracy in line with that of the courts, etc. In March 2014, the Central Judicial Reform Steering Committee (CJRSC) issued a review of 8 years of implementation of the JRS, concluding that many results had been achieved. It noted that criminal, civil and administrative procedure laws had been revised and that judicial organs had been gradually restructured and improved in accordance with the Party s orientations. The review called for continuing the reforms, identifying, among others, the following priorities: Building, strengthening, improving the quality of judicial staff, lawyers and support staff; Clearly defining the legal responsibility and authority, political and ethical standards, professional and technical capacity, as well as social knowledge and experience for each category of staff NGOs in the justice sector A 2012 study of civil society in Vietnam by the Asia Foundation 12 gives valuable insights into the status of civil society organisations in the country. Estimates suggested at the time that there were between 1,700 and 2,000 NGOs in Vietnam. The study noted that: 12 See: Civil Society in Vietnam: A Comparative Study of Civil Society Organizations in Hanoi and Ho Chi Minh City; the Asia Foundation, The paragraph quoted is on p. 6. Page 20 of 146

21 The nature of civil society in Vietnam remains a source of debate. It is not uncommon to encounter the view among both Vietnamese and expatriates that there are no independent civil society organisations in Vietnam. Many organisations claiming NGO status are quasi-governmental, including research institutes and professional associations. ( ) This situation can blur the definition of what constitutes an NGO but in the current context of civil society development in Vietnam it is important to recognise meaningful civil society action and behaviour even when it comes from organisations associated with the state. Even beyond these organisations, however, the past decades have seen a surge in the number of active and independent CSOs whose contributions to the social life of the country should be recognised and documented. As this quote suggests, NGOs come in many guises in Vietnam. In this report, we generally use NGOs to designate grant recipients under Component 3 of the JPP, and civil society to refer to other non-state stakeholders. Component 3 grantees that are active in a limited geographic area may be referred to as community organisations. These words imply no view on the part of the evaluators as to the formal status of the groups in question, including their relationship with state institutions. Socio-professional organisations such as the VBF might also be seen as NGOs. At local community level, social organisations or groups might contribute to social development, even if they have no official status. The Asia Foundation report referred to research by UNDP in 2006 and the South African organisation CIVICUS, to suggest that many community-based organisations were not officially registered at that time. The Government of Vietnam has in recent years been increasingly open to NGOs taking a more active role in providing legal advice and other justice-related services as part of a socialization process. However, the number of NGOs is still small. The quality of service provision is also believed to vary a lot Donors approaches and strategies Coordinated donor effort Sweden, Denmark and the EU are long-term partners with Vietnam. The JPP resulted from their decision to coordinate their support to the justice sector in Vietnam, and to move into a support approach that was more aligned to Vietnamese priorities, and owned by Vietnam, than may have been the case previously. The existence of an authoritative Vietnamese plan for reform of the judicial sector the JRS and supporting documents provided a relevant entry point. Other donors have historically supported and continue to do so activities related to the judiciary in Vietnam. The largest donors other than those involved in the JPP have included Canada, France, Germany, Japan, and the USA. The JPP is, by a large margin, the biggest programme addressing the judiciary, the other donor activities are much more limited in scope and budget. Page 21 of 146

22 Denmark Denmark has supported legal and judicial reforms in Vietnam since 1997, when assistance to the Office of the National Assembly (ONA), the SPC, and the SPP was provided through UNDP. From 2001 the assistance continued in a second phase in the form of a bilateral programme with the same organisations, and a third phase, called JOPSO, was running from 2005 to The budget of the JOPSO programme was DKK45.5m (about 6.5m). Sweden co-funded a fourth component, which added the Ministry of Justice as a partner. The agreement of September 2009 that open the way to the JPP marked a new phase of Danish involvement in justice sector reform, consistent with the Hanoi Core Statement principles of harmonisation and alignment. In 2015, as Vietnam reaches middle-income country status, Denmark s traditional sector programme support will gradually be phased out while future development cooperation is expected to continue, with priorities including governance, green growth, climate change and cultural cooperation. Denmark plans to end its bilateral cooperation with Vietnam at the end of Sweden Swedish development cooperation dates back to 1967, and for many years Sweden was one of the largest donors in Vietnam. Sweden was the first donor within the judicial sector and has stressed the importance of developing an independent judicial system that respects and protects human rights and can fight corruption effectively. Sweden was also one of the first donors to contribute to the modernisation of legal training and helped to establish a national bar federation. Bilateral aid is now being phased out, in line with the country strategy for Sweden has moved towards a partner-driven cooperation. Until 2013, Sweden continued to support some strategic targeted interventions including democracy and human rights and support to civil society and disbursed its last amount to Denmark for the JPP in The objective of Swedish development cooperation with Vietnam during the phase-out period was: improved democratic governance, increased respect for human rights, and an environmentally sustainable development ( ). The outcome objectives included: A strengthened rights-based approach to poverty reduction; A more professional, transparent, accountable, service-oriented and nondiscriminatory public sector; and Increased respect for human rights and democratic access for poor people including freedom of expression and the promotion of rule of law. The thematic orientation of the JPP was thus in line with the Swedish strategic priorities. Page 22 of 146

23 The European Union The Strategy Paper of the European Community towards Vietnam stated that the EC s aimed at strengthening the government s own systems so that resources can be channelled through them to enhance growth and promote poverty reduction and the achievement of the Millennium Development Goals and the Vietnam Development Goals. In this context, the EU planned to prioritise support for Vietnam s socio-economic development plan and support to the health sector. The Multiannual Indicative Programme document represents a significant shift from the previous approach, since it plans to devote 86.5% of the EU s assistance for the period (indicative amount: EUR 400 million) to the development of sustainable energy, and 12.5% (EUR 50 million) to governance and the rule of law. This includes the EU JULE programme, for which the EU has budgeted a contribution of EUR 14 million over 5 years. Page 23 of 146

24 3. EVALUATION FINDINGS In this chapter the evaluators set out findings in response to the issues and questions raised in the TOR, categorised under the standard evaluation criteria of relevance, effectiveness, efficiency, impact and sustainability. The chapter begins with programme-level findings, and continues with component-level findings, also arranged under the evaluation headings Programme level findings Relevance The programme was very relevant, in that it addressed clearly identified needs and requirements for Vietnam to improve key aspects of its justice system. Component 1 was designed appropriately to be demand-led, providing assistance with legal drafting, organisational reform and capacity building. Component 2 was designed to help ensure that Vietnam s lawyers could be better represented by a functioning organisation and that their capacity to support citizen s access to justice could be enhanced. Component 3 was designed to help ensure that a broad range of NGOs could support citizens with legal advice and a better understanding of their rights and of the modalities of access to justice. Against this background of overall programme relevance, there were some weaknesses in programme design that hampered its relevance, to a limited extent. These are reviewed in this sub-section (the relevance of individual components is assessed further in section 3.2.1). Programme objective and results The JPP Programme document defined the objective of the JPP as being to promote an ethical, democratic and rights-protecting justice sector. This formulation, though inspired by the JRS, was both overambitious and insufficiently rigorous to be achievable: The three adjectives in the formulation were left undefined. Ethical might refer to transparency and accountability, or to the fight against corruption. However, nothing in the logical framework of the programme was related to these elements. Democratic in the Vietnamese context is an ambiguous term because it may be construed to refer to the leadership of the CPV, enshrined in the Constitution. Rightsprotecting might be construed as referring to the protection of human rights as defined under international human rights standards: this is complex in Vietnam, partly because constitutional human rights safeguards, as mentioned in the previous 13 A clarification of the meaning of each evaluation criterion is available on the website of the Development Assistance Committee of the Organisation for Cooperation and Economic Development (OECD-DAC): Page 24 of 146

25 chapter, do not yet fully integrate all the provisions of international human rights standards ratified by Vietnam. The results listed in the JPP Programme document for component 1 were similarly lacking in rigour, reiterating some of the above formulation (adding the adjectives consistent and transparent, also JRS-inspired, in relation to judicial procedures). These and other terms (e.g. judicial organs are to be strengthened ) remained undefined and ambiguous. The results concerning component 2 were more precise and realistic when referring to achieving the self-management of the VBF, but overambitious in relation to the VBF articulating professional common interests and views on behalf of lawyers, and organising training for aspiring and active lawyers. The overall result concerning component 3 was also vague and unrealistic: to facilitate initiatives relevant to judicial reform. However, within this formulation, specific results such as enhancing popular awareness of the rights and opportunities the law and justice system provide were appropriate and achievable. The programme would have benefited, in terms of relevance, from the narrower formulation of some results, more reflective of the specific opportunities for reform offered by the JRS and of the constraints under which the judicial sector operates. For example, objectives and results that focus on bringing laws, policies and institutions more into line with international human rights standards, and generally take a rights-based approach to programming, would have been more relevant. 14 Synergies between programme components The design of the overall programme has only to a modest degree ensured coordination or cooperation between its three components. This was in part because such coordination was not explicitly built into the programme design. The entire programme was designed in three discrete components (including three separate logical frameworks), thus making little explicit provision for cross-component coordination or cross-fertilisation. 15 In its comment on a previous draft of this report, the MoJ stated that the lack of linkages between the three component was a fact but also correctly noted that in some areas, such as consultations on draft laws, a broad range of stakeholders were involved, including members of all three Component 1 institutions, lawyers and other stakeholders. 14 It is to be noted that the TAPs for the forthcoming EU JULE programme include references to a rights-based approach to programming and to enhancing the integrity of the justice sector. 15 In addition to the lack of built-in coordination among its three components, the programme design presented weaknesses in its analysis of the justice sector. Although it referred to the JRS, it did not explicitly refer to the stipulations of the JRS and the Constitution that, as described in Section 2 of this report, place the courts and procuracies under the leadership of the Party, thus undermining the principle of judicial independence. The programme document also failed to address the issue of transparency and integrity in the judicial institutions, which along issues of institutional capacity pose a challenge to public trust in the judiciary. Page 25 of 146

26 Instead of synergies amongst the three components, the programme emphasised dialogue, within each component, with the international community. This was largely achieved in relation to Components 1 and 2 less so in relation to Component 3, where this was less of an issue 16 through interaction with the TA teams and the input of international experts (see section ). Despite the fact that the design of the JPP did not explicitly call for cross-programme coordination, some joint activities were held. One such activity was the first JPP Conference, a two-day National Conference on Free Legal Aid and Legal Assistance to the public in Vietnam, held in May This activity was organised by the RTAT, with the agreement of the MoJ, and was an opportunity to bring lawyers and civil society stakeholders together with representatives of Component 1 institutions. Representatives of the VBF and of the JIFF Secretariat, JIFF Grant Committee or NGOs were also invited to attend a number of other meetings organised by the institutions supported under Component 1. However, this limited interaction did not amount to full coordination because these occasions were rare and because the programme lacked a process to ensure coordinated follow-up among the three components. Could synergies among the three components have been greater, and would greater synergies have enhanced the relevance of the programme as a whole? In theory, it is possible to answer these questions positively, but practical considerations must also be taken into account: The Partnership Committee could have requested enhanced coordination and crossfertilisation among the three components (as noted by the EUD in a comment on a previous draft of this report). However, programming and management were mostly taking place at component level, which did not facilitate coordination. It would have been possible in principle to develop areas of work that involve all three components. The most obvious concerns legal aid or advice. 17 In practice, this is the main area where synergies were actually achieved in the programme, for example through events such as the conference mentioned above: this could happen because stakeholders in all three components of the JPP have a role in aspects of this service to citizens. Other areas of work where all three components have a role could have included alternative dispute resolution, awareness raising about new legislation, or equal opportunities between women and men. 16 In component 3, the capacity issues faced by NGOs were primarily related to institutional development, project design and project management. These were addressed through capacity building efforts provided by the JIFF Secretariat. 17 In Vietnam, legal aid refers only to the formal support given, with MoJ funding, to specific groups of beneficiaries (poor people, war veterans, etc.) in the course of litigation. This does not include legal advice, which can be defined as the provision of information to citizens about specific legal issues, including their rights: legal advice is provided by lawyers and by NGOs. A third area concerns the provision of a legal counsel to defendants accused of certain crimes: this process is led and funded by courts and is not part of legal aid. Page 26 of 146

27 However, prioritising these issues would have required modifying the demand-led approach built into Component 1. Whether the above areas would have been seen as priority by all three Component 1 institutions is unclear. More synergies of the type outlined above might have led to enhanced relevance of the programme in the eyes of sections of the population who do not use litigation, either because of ignorance of their rights or because of lack of trust in the judicial system. However they might also have diminished its relevance in the eyes of officials in the MoJ, SPP or SPC, if they would have led to the programme reducing its emphasis on legal reform, training, etc., which were of more direct interest to officials. JPP alignment with JRS The JPP did not maintain a direct or formal link to the CJRSC, which is the (Party-led) main body in charge of coordinating judicial reform. The JPP s lead interlocutor was the Ministry of Justice. The programme design was broadly in alignment with the JRS key tasks outlined in section 2.4.1, in the sense that its support to judicial reform, legal drafting, court reorganisation and management, etc., was consistent with the JRS. The alignment was clearest in relation to Component 1, since the JRS focuses on the three Component 1 beneficiary institutions. Alignment was more indirect in relation to component 2 because the JRS does not specifically address the role of lawyers, except as judicial support. There was no direct alignment in relation to component 3, although the JRS stresses that the country needs and wants to engage its population in the process of reforming the justice system. 18 The evaluators take the view that the JPP s degree of alignment with the JRS was appropriate, in the sense that the programme was able to use entry points provided by the JRS to advance reforms consistent with international standards for human rights (strengthening of provisions on the role of lawyers in legal proceedings, etc.) and was able to advance agendas not directly addressed by the JRS (legal advice, support to civil society, ethical standards for lawyers, etc.). Stronger alignment to the JRS would have been counterproductive, especially with regard to Component 3, while weaker alignment could have made it more difficult to obtain buy-in from the beneficiary institutions. Gender aspects In general terms, the programme integrated gender mainstreaming issues in different ways, especially at activity level: Component 1 institutions all have committees and action plans for the advancement of women, as part of broader Vietnamese Government policy. These address internal issues such as the proportion of female staff in senior positions. However they do not address the broader gender impact of legislation or judicial work, which would have been the most important aspect in terms of contribution to gender equity. In 2011 the Component 1 institutions, with support from the RTAT, produced an action plan on 18 The JRS refers to the people having an oversight role in relation to judicial organs. However this term does not encompass NGOs or civil society; it refers to the Party and structures such as members of the Fatherland Front. Page 27 of 146

28 gender mainstreaming, which included initiatives such as a workshop on gender stereotyping and the explicit intention to address the impact on gender equity of all draft laws whose discussion is supported by the programme. The workshop took place in 2015, but there were no reports of assessments of the impact of draft laws on gender equity. In Component 2, the VBF focused, with some success, on increasing the proportion of women involved in activities such as training sessions (see below, table in section 3.3.2). The CBA also explicitly encouraged the appointment of women lawyers in leading VBF positions and in the VBF Secretariat. Gender issues were frequently addressed in Component 3 because some projects dealt explicitly with inequality between women and men, including projects focusing on the prevention of gender-based violence against women Effectiveness The programme was generally effective in that most anticipated key results areas were achieved or were in the course of being achieved at the time of the evaluation this was the case for example of laws that have been drafted with JPP support and are now awaiting adoption by the National Assembly. 19 Achievements were generally of a high standard, in the sense for example that invited international experts were of high quality (Component 1), support to the VBF by the Canadian Bar Association was described as excellent by VBF representatives (Component 2), and JIFF grant management (Component 3) was widely praised by grantees. A wide range of legislations were drafted or amended with support from JPP (Components 1 and 2) and a range of vulnerable groups, such as HIV positive people, benefited from enhanced legal assistance (Component 3). The 2013 Mid-Term Review (MTR) concluded that the programme is producing the foreseen outputs and the absorption capacity is adequate. Crucial legislative reforms has been put in place and when enforced the reforms will produce structural changes to the justice system intended to improve the quality in justice service delivery as well as increased access to justice for people. With these normative and legislative changes the Vietnamese justice system will be better aligned with international standards of key importance to a sound justice systems and main principles of due process and fair trial. The programme has been effective in supporting the consolidation and outreach of the VBF as a national bar federation under component 2 and, under component 3, successful in supporting NGOs in entering the field of access to justice. The effectiveness of each component is further considered in the second half of this chapter. 19 Stakeholders interviewed unanimously considered the risk that these laws will not be adopted to be low. However there is still a risk that some provisions seen as controversial (such as those pertaining to defendants rights and the role of lawyers in the draft Criminal Procedure Code amendments) could still be deleted or watered down prior to adoption. Page 28 of 146

29 Overall, the evaluators note that the programme has helped Vietnam achieve progress in judicial reform: MoJ, SPC and SPP officials have been increasingly exposed to international judicial practices, and have expressed an interest in learning from such practices. The JPP is being carried out in a context of broadening relations between Vietnam and other countries in such fields as trade and industry, which also require an adaptation to international legal norms for example to encourage foreign direct investment. The official position on judicial reform has been highlighted on different occasions. For example, in January 2015, the Central Judicial Reform Steering Committee reviewed the inputs, including reports on amendments to both the Criminal Law and the Criminal Procedure Code. President Truong Tan Sang, who chairs the CJRSC, said the draft amendments must reflect the principle of justice and equality while protecting the interests of the state and people. He called for reference to international practices in the context of international integration and indicated that the draft amendments would improve Vietnam s legal system in the direction of stronger protection of human and citizen rights. Nevertheless, foreign diplomats report that Vietnamese officials remain wary of discussing human rights: several of those interviewed have taken the view that the authorities will continue to assess carefully whether and how to implement international human rights and judicial standards in Vietnam. Two key factors that appear to have contributed to the effectiveness of the programme were the following: Quality of the technical advisory teams and experts. The technical advisory teams were widely praised by the beneficiaries for their expertise and commitment to the programme. The teams (RTAT managed by the British Council for Component 1, CBA representative for Component 2, and JIFF Secretariat managed by Global Justice Solutions (today a subsidiary of Coffey International) for Component 3) had clearly developed a detailed understanding of the needs and requirements of their respective beneficiary organisations. 20 The short-term experts hired by the programme under Component 1 were reported by representatives of the beneficiary institutions to have been generally of excellent quality. Duration of the programme. The fact that the programme lasted five years clearly contributed to the TA teams achieving in-depth understanding of the needs of their beneficiary organisations and developing effective response mechanisms. No less important was that the duration of the programme facilitated the build-up of trust between TA teams and beneficiary organisations. This was further facilitated in the case of the RTAT (Component 1) by the fact that two of its members had previously been involved in the Danish-supported assistance programmes, meaning that they had a long history of involvement with the Vietnamese beneficiary institutions (an additional factor was that several of the Vietnamese officials involved on the 20 The evaluators are aware of the fact that the quality of the TA teams varied over time, and may have been weaker in the earlier years of the programme. In particular, the management of the RTAT (Component 1) was reshuffled after two years due to unsatisfactory performance. Performance and reporting problems, however, were subsequently overcome. Page 29 of 146

30 institutions side in Component 1 activities had themselves benefited from support in earlier Danish programmes). Could the programme s effectiveness have been further improved? Feedback from stakeholders and the analysis of the JPP s logical framework suggest that a more coherent intervention logic could have contributed to enhancing the programme s effectiveness. As mentioned in the previous section, the programme s objectives and results were, in part, written in ambiguous and somewhat unrealistic terms. The Key Result Areas (KRAs, a lower level of outcome in the intervention logic) were largely focusing on specific activities, which were only likely to have an indirect influence on the achievement of the broader results and objectives. The programme could have benefited from a more focused intervention logic, limited to a small number of results and providing for a more explicit chain of reasoning linking overall results and KRAs. Also, as will be further elaborated in this report, the TA may have been used more strategically to provide input for policy dialogue between Vietnamese authorities and the donors Efficiency The programme was efficient in the sense that funds were used in accordance with plans and that the programme can be considered to have constituted good value for money: the results that were achieved were significant in all the components, despite the intervention logic weaknesses mentioned above. Programme management at each component level was also of a high standard (RTAT, CBA and JIFF Secretariat), largely meeting the donors accountability standards and responding flexibly to stakeholders needs and demands. The performance of the three components technical advisory teams is discussed in the respective sub-sections below. Donor coordination Coordination with donors other than those involved in the JPP mainly took place through an informal meeting coordinated by UNDP and co-coordinated by the team leader of the RTAT of Component 1, at which donors and other stakeholders could share information from time to time about their activities and plans in the legal and judicial sector. Although some other donors undertook activities in fields similar to those covered by component 1 of the JPP, there does not appear to have been notable overlap, largely because other donors' programmes were an order of magnitude smaller than those of the JPP. The activities of other donors concerning the legal profession were also much more modest than the JPP s Component 2. With regard to civil society, JIFF was also unique in its focus on issues related to justice and in its grant-making methodology (though some foundations and bilateral donors such as the UK, which were also funding NGOs, could in principle have overlapped with JIFF). Page 30 of 146

31 The three JPP donors (Denmark, the EU and Sweden) agreed the joint programme but did not work in an entirely harmonised manner, since donor funds from the EU on the one hand, and Sweden and Denmark on the other, were used under separate contractual arrangements, based on a division of tasks agreed between the three donors. Programme monitoring The main monitoring tool for the programme was based on the Key Result Areas, referred to in the previous section. The KRAs were part of the logical framework matrix in the Programme Document, and also reflected the beneficiary organisations priorities and plans. Programme monitoring consisted in reporting on the degree of achievement of each KRA and on the implementation of activities. The KRAs focused mainly on outputs or activities, and so did, for the most part, the corresponding indicators. The consequence of this is that monitoring was focused on the delivery of relatively low-level outputs, including individual activities, and not on the achievement of outcomes or the contribution to the overall programme objective. After the 2013 Mid-Term Review, which called for improvements in the areas of monitoring and indicators, attempts were made to systematically establish indicators at outcome level, especially for Component However, the indicators suggested by the Mid-Term Review were not adopted. Instead, the following indicators have been used for the Programme in the RTAT s presentations to the Partnership Committees: The proportion of trials in which the defendant or plaintiff was represented by a lawyer (in 2013 it varied from 5.4% in civil cases to 14% in administrative cases, with no clear pattern of improvement over the years); The number of legal aid cases by field and category of beneficiary (In 2010, there were 87,272 cases in which 4,524 cases involved in proceedings, 45% of the beneficiaries was women; In 2012, there were 100,945 cases in which 7,474 cases involved in proceedings, 50% of the beneficiaries was women; In 2013, there were 128,301 cases, in which 6,955 cases involved in proceedings, 49% of the beneficiaries was women; In 2014 there were 124,171 cases, in which 8,168 cases involved in proceedings, 47% of the beneficiaries was women); The number of lawyers who were issued practice certificates by the MoJ (2010: 1,073; 2013: 789); The percentage of requests for prosecution achieved by SPP within legal timeframes (99.3 % in 2013). While these indicators are related to JPP outcomes, they are at an overall context level, indicating there may be a slight improvement in attention as concerns legal aid cases, but no clear pattern in relation to the other indicators. Not all these indicators are related directly to 21 It is important to note, in mitigation of the remarks on output monitoring, that the justice sector is a sensitive one in Vietnam, and that the country s political context and administrative tradition are not conducive to sharing data with foreign donors. This limits the range of indicators that donor-funded programmes can realistically use. Page 31 of 146

32 JPP intervention. The number of legal aid cases indicator may be relevant, since JPP is supporting a legal aid strategy and JPP also supports training of legal aid staff. The baseline figure would be 2010, when JPP started. 22 In 2014, upon request by the EUD and Danish Embassy, the RTAT of Component 1 commissioned a study of existing survey and indices concerning law and justice in Vietnam, with a view to assessing whether such indices can be used to monitor justice reform, identify indicators and ultimately contribute to the formulation of policies and priorities in justice reform. The study examined 12 surveys and indices, reviewing for each index: Their methodology; Their relevance to assessing justice reform programmes; The extent to which they captured changes in the rule of law and other justice-related parameters in Vietnam; and Their suitability for assessing progress of the JPP in general, or in specific intervention areas. The study concluded that the indices could help measure changes but that they were too broad to help with attributing such changes to a specific programme like the JPP. The report raised a note of caution, noting that many of the international indices were developed on the basis of a liberal democratic legal tradition different to that of Vietnam. The report nevertheless took the view that the indices and surveys were worth bearing in mind, particularly those that were based on primary research, as opposed to those using preexisting data. The study also noted that surveys that rank Vietnam among other countries are often ambiguous, as changes in rankings can stem either from changes in Vietnam s own performance or from changes in the performance of other countries. The report finally called on donors to pay much greater attention to indicators and data sources in the formulation stage of programmes. In the case of the JPP this recommendation obviously came too late, as the programme was already designed, but it is worth keeping in mind for future programming (the original JPP programme design had not systematically identified results and impact indicators).. Budget monitoring was also made difficult by the multi-donor nature of the programme (and multiple currencies), and by the fact that there was no consolidated financial reporting mechanism: each donor monitored the spending of their contribution, but the information was not systematically pooled. With regard to programme expenditure, the evaluators understand that, as the JPP entered its final month, most beneficiary institutions had spent almost 90% of the funds allocated to their use. The MoJ and the VBF have reportedly spent somewhat less. In general, expenditure levels and absorption capacity were satisfactory. The total 22 The MoJ commented on an earlier draft of this report that the number of legal aid cases increased by 42% between 2010 and It noted that legal aid activities met increasing demand by citizens and contributed to a better defense of their legal rights and interests. However, the MoJ also noted that quality and coverage of legal aid were still insufficient (it referred to an MoJ evaluation of legal aid conducted in 2014). Page 32 of 146

33 number of TA days consumed under Component 1 will be somewhat less than was envisaged, but overall expenditure is still at a high level, demonstrating that the assumptions regarding the use of the JPP support by the various stakeholders were broadly correct. Role of the Ministry of Justice The management structure of the JPP was complex. At the most senior level stood the Partnership Committee (PC), which brought together senior MoJ and EUD/Denmark officials and met annually. 23 Reporting to the PC were five Steering Committees (SCs), one each for components 2 and 3, and three for component 1: MoJ, SPC and SPP had separate SCs. The MoJ, which anchored the overall programme, was represented on all the SCs. This management structure had the advantage of accommodating the administrative procedures of all the stakeholders, notably the three Component 1 institutions. But the structure was unwieldy and required the MoJ (as well as the donors who also participated in all SC meetings) to devote significant management time and human resources to its maintenance. Even with these resources, the MoJ reported that it did not always receive all the financial reporting data it requested from the various components and sub-components. This made it difficult for the MoJ to fulfil its own reporting duties to the Ministry of Finance and the Office of the Prime Minister in a timely and comprehensive manner. Financial management at Programme level Donor harmonisation required coordination and a division of labour regarding financial management. Denmark monitored the expenditure of Danish and Swedish funds, while the EU followed the expenditure of its funds. This created a situation where four currencies were being used in the budgeting (euros, Danish crowns, Swedish crowns and the Vietnamese dong). As noted in the Mid-Term Review, this made it difficult to obtain a full overview of Programme expenditures as it developed its activities. Furthermore, it appears that the estimated EUR million, which is the basis for the overall Programme budget, is not an adequate referent as the combined Danish and Swedish contribution has, if calculated in EUR, always been higher than that amount, using any rate of exchange between 2009 and Nevertheless, the difference between estimated (in euros) and actual donor contributions did not have a material impact on the implementation of the JPP. 23 Donors attendance at PC meetings was on a rotation basis; the Danish Embassy reported that Denmark cochaired all the PC meetings except the last one. 24 The Danish contribution amounted to between 10.54m and 10.59m, if one takes respectively the lowest and the highest value of the Danish Crown against the euro in the period By a similar calculation, the value of the Swedish contribution amounted to between 0.82m and 1.09m. The combined Danish and Swedish contributions would thus be somewhere between 11.36m and 11.68m, which is significantly more than the 10.15m estimated in the 2009 EU financing decision for the JPP. The discrepancy may be related to the fact that the original budget was written before the start of the JPP, at a time when the value of the euro relative to the two other currencies was high. Page 33 of 146

34 While each partner has been able to manage the finances pertaining to the KRA under its purview, there has been no consolidated financial reporting for the JPP as a whole. Thus the Ministry of Justice (MoJ) faced a problem when reporting on JPP financial flows to the Ministry of Finance and the Office of the Prime Minister. This also reportedly created frustrations for the international partners involved. Although the MTR recommended that the RTAT should support the MoJ in its role of maintaining a financial overview, the RTAT declared that the MoJ has not requested such support. In hindsight, the evaluators believe that a specific post could have been established, perhaps within the RTAT of Component 1, to ensure financial coordination, monitoring of programme expenditure and reporting on the financial management of the JPP as a whole. Overall spending It is not possible to state exactly how much of the original JPP budget and how many of the budget item lines have been used, mainly because programme implementation was still ongoing at the time of the evaluation, and final accounts were to be submitted only once all activities were closed. However, the programme beneficiaries disbursed less than the amounts committed by the donors, partly as a result of delays in activities and partly because some actual costs were lower than originally estimated. On the basis of the information available, it is possible to provide an estimate of the total expenditure. All Swedish funds were spent by 2013 (this was a requirement of the agreement between Sweden and Denmark); Denmark reports that approximately 89% of their committed funds are likely to be spent by end of June (end of the programme) 25. Finally, about 73% of the EU committed funds have been disbursed by September 2015, though further disbursements are foreseen in the coming weeks/months and the actual expenditure will depend on final financial reports and audits. 26 In total, the weighted average of spending on the JPP, based on non-final expenditure figures as of September 2015, taking into account the percentage of the respective donors contributions but not distortions related to the euro s exchange rate variations against the Danish and Swedish currencies, was about 83%. 27 This was a respectable percentage, 25 At the time of the evaluation Denmark was negotiating and extension of their support to MoJ and VBF until end of 2015 to utilize the remaining balance. 26 It is to be noted that the EU committed funds ( 8m) included allocations for support measures like audits and studies and a reserved allocation in case of contingencies. The EU expenditure figures given here do not take account of funds disbursed to the British Council, which may be recovered if confirmed unspent. It is to be noted also that the EU extended its support to the programme until August Using the median euro values for the Swedish and Danish contributions (see footnote 24), we set the euro value of the Swedish contribution at 0.955m and that of the Danish contribution at 10.56m. Together with the EU commitment of 8m, this constituted a total commitment of m. Assuming 100% of the Swedish commitment was spent, as well as 89% of the Danish one and 73% of the EU one, the weighted average is 83%. Page 34 of 146

35 indicative of the fact (confirmed by this evaluation) that the great majority of activities were implemented despite some delays. Much of the difference between the original programme value of 18 m, set out in the 2009 programme document, and the actual expenditure to date may be ascribed to a degree of over-estimation of costs understandable in view of the fact that estimates had to be made several years prior to actual expenditures taking place and to other factors such as variations in exchange rates. In a small number of cases reviewed in this report, planned activities had to be cancelled, but these did not amount to a substantial proportion of the overall commitment. The sections below provide additional details on spending. Contributions from Sweden and Denmark: As of June 2015 the situation was as follows according to the Royal Danish Embassy: as mentioned above, the SEK9m had been spent in their entirety by the end of 2013 in accordance with contractual requirements agreed by Sweden and Denmark. Use of funds committed by Denmark (all amounts in DKK source: Danish Embassy) Partner Commitment Disbursement till June 2015 Disbursement as percentage of commitment Balance June 2015 Component 1 State institutions MoJ 7,493,000 4,494, ,998,656 SPP 10,693,000 10,137, ,042 SPC 7,514,000 7,682, ,997 Total 25,700,000 22,315, ,384,701 Component 2 VBF VBF activities 10,920,168 8,607, ,312,885 Technical 11,979, ,870 Assistance 11,363,562 Total 22,900,000 19,970, ,929,155 Component 3 JIFF JIFF basket 9,896,000 9,655, ,740 TA 14,404,000 13,871, ,691 Total 24,300,000 23,526, ,430 Studies 5,800,000 3,184, ,615,223 Total Programme 78,700,000 68,997, ,702,509 An additional DKK1.2m was disbursed during June 2015, meaning that 89% of the funds were disbursed as of end-june 2015, and expected to be spent by the counterparts. As noted, the VBF and the Ministry of Justice are the two beneficiaries that have not spent the full expected amount. While this evaluation was underway, an application had been made to Again, this percentage is merely illustrative, as it does not fully take account of actual exchange rates fluctuations, and does not include expenses that the EU may incur beyond September 2015, or funds it may recover as a result of the final audit. Page 35 of 146

36 extend the Agreement between Denmark and the MoJ until the end of 2015, in order to continue support to MoJ and VBF. EU contribution The Financing Agreement with the Government of Vietnam provided for an EU commitment of 8m, broken down as follows: TA, studies, conferences, visibility activities Evaluations Contingency Total 7.6m 0.2m 0.2m 8.0m In May 2010, following a tendering process for the technical assistance under the JPP, the British Council was awarded the contract, based on its financial proposal of 7.22m (95% of the originally authorised amount of 7.6m). In November 2013, a revision of the contract requested by the British Council resulted in that total amount being reduced somewhat, to 7.14m (89% of the originally authorised amount). In response to an earlier draft of this report, which noted that the EU had not reported financial figures against the budget breakdown of the original 2009 JPP programme document, the EUD noted that the service contract between the EU and the British Council followed instead the standard breakdown of service contract budgets according to EU rules and regulations (it also noted that the JPP programme document was not legally binding, in contrast to the Financing Agreement and the subsequent service contract). The main budget headings for the service contract were: Fees for key experts (in effect, the members of the RTAT of Component 1) and for non-key experts (i.e. short term). This item includes administrative costs, accommodation, allowances, benefits, etc. Incidental expenditure, including air travel, subsistence costs, etc. Verification expenditure: audits and related costs. The table below compares the actual expenditures (as reported by the British Council and the EUD as of September 2015) to the original commitment of 2009 (all amounts in euros, rounded up as appropriate). EU-British Council Service Contract (signed 2010, budget amended 2013) Item June 2010 November 2013 Actual expenditure* Key experts 3,16m 2.87m 2.52m Non-key expert 2.01m 2.22m 1.67m Incidentals 1.9m 1.9m 0.78m Verification 0.15m 0.15m 0.02m Total 7.22m 7.14m 4.98m Other EU contributions** Page 36 of 146

37 Item 2009 agreement As of Sept Evaluations 0.2m 0.14m Contingencies 0.2m 0 Total EU spending as of September m*** * As reported by the British Council, June ** As reported by the EUD, September *** EU disbursement as of September 2015: 5.7m. In conclusion, it was probably unavoidable that the association of three donors would lead to delays in building a consolidated overview of programme spending. Monitoring could possibly have been made somewhat easier if the donors had agreed in advance on a breakdown of the programme budget that followed subsequent contractual arrangements for example by building the initial budget along the lines required for service contracts. In addition, the ideal scenario for a programme such as the JPP would be to have a truly harmonised programme, based on a basket mechanism and agreed-to joint mechanisms for contracting of TA. On the other hand, there do not seem to be problems as regards eventually obtaining an overview of financial expenditures, since no joint donor financing arrangement is envisaged in the near future for the justice sector in Vietnam Impact The programme achieved significant elements of impact. In Component 1, a broad range of new skills were acquired by relevant judicial officials, leading inter alia to a heightened awareness of the need for continued reforms in some fields (such as judicial records management [SPC], legal aid [MoJ] and the supervision function [SPP]); gender awareness was also enhanced, though activities such as the 2015 workshop. The main impact of Component 2 was that lawyers awareness of, and consultative role in, judicial reform, has been enhanced while also reinforcing their professional standards for example in terms of ethics. The key impact of Component 3 has been to disseminate an understanding of justice issues to a range of grassroots and vulnerable groups, and to enhance citizen s awareness of their socio-economic rights. Impact could have been even stronger through tighter interaction amongst the three components, and through enhanced visibility in the public and relevant institutions (such as the National Assembly) of the programme s three components Sustainability The programme has achieved a degree of sustainability in some aspects, though continued progress remains in part dependent on the availability of further funding for the sector. New legislation, developed with support from the programme, is setting the stage for more effective civil procedure and more protective criminal procedure. Improved case management and the re-organisation of the procuracy, both implemented with input from the Page 37 of 146

38 programme, may improve the quality of justice delivery (Component 1). As the lawyers' profession develops, the VBF is likely to constitute an increasingly important representative and coordination body (Component 2). The role of NGOs in justice is likely also to keep growing, partly as a result of the impetus provided by JIFF (Component 3). The signs of Programme sustainability and the promotion of its objectives should first and foremost be seen in the progress made towards reference to international practice in the key legislation prioritised by the programme. While progress towards the actual passage of the bills and contents promoted by the programme is the most important indicator of sustainability, it is also clear that it is the Government of Vietnam who sets the pace for this process, and that actual impact can only be expected in the mid- to long-term Findings on component Relevance The beneficiary institutions were satisfied with the relevance of the component s KRAs. The evaluators, while agreeing that the KRA were generally relevant to judicial reform in Vietnam, take the view that the component would have gained in relevance if the intervention logic had been more rigorously defined, including if necessary by setting more deliberate priorities and limiting the areas in which support was provided. Nevertheless, it is clear that the activities that have been carried out were relevant to the programme s general objectives Effectiveness The table below summarises the degree of achievement of the 19 KRAs, which make up the JPP Component 1. Key result area Status June 2015 Comments Ministry of Justice 1.Revised Law on Lawyers drafted Completed Contributions by both component 1 and 2. 2.New Law on Lawyers implemented To be completed The MoJ has developed a plan for implementation of the revised Law on Lawyers. 3.National strategies, guidelines and procedures for free public legal aid To be completed On 1 June 2015, the Prime Minister signed the Decision No. updated and implemented 749/QD-TTg endorsing the Scheme for legal aid reform in the period. 4. Socialized bailiff (huissier de justice) system documented and Completed The pilot scheme has been expanded and is now in 13 Page 38 of 146

39 assessed through HCMC pilot. provinces, including HCMC 5.Plans, programmes, guidelines on Completed Strategies for establishment and the legal framework for the implementation of the system implementation of the Judicial have been developed. Records Law developed /approved 6.Monitoring of the implementation To be completed The strategy for the development of the Strategy for the Development of lawyers is under of Lawyers implementation and dissemination. 7.Capacity of the National Legal Aid Agency and Provincial Legal Aid Centres strengthened Completed A capacity development plan to enhance long-term capacity of legal aid advisors has been developed and implementation has begun. According to the MoJ, legal aid work is now more focused on supporting individual complainants in legal proceedings. This focus may stem from a review of legal aid by the MoJ in 2014, which had seen a decline in quality of legal aid in recent years. 8.Capacity development for the MoJ and judicial officials at the MoJ & provinces To be completed. The Scheme of solutions for strengthening the organization of human resource of the Judiciary is based on the review, evaluation of the current status of organization and personnel and on the identification of responsibility, mission, capacity framework of the officials of the MOJ and the Judiciary. Supreme People s Procuracy 9.Revised Criminal Procedure Code drafted Completed Considerable input from JPP 10.New Criminal Procedure Code implemented 11.Revised Law on Organisation of the Procuracy drafted 12.Review and potential revision of the prosecution function in line with JRS requirements 13.Capacity of prosecutors and support staff functions enhanced To be completed Considerable input from JPP (adoption of Code amendments pending). * Completed Considerable input from JPP. Completed Functions are maintained as in the Law. Completed Strong link between overall plan and JPP input, since JPP has Page 39 of 146

40 contributed to curriculum of training centre. Supreme People s Court 14.Revised Civil Procedure Code Completed Drafted 15.New Civil Procedure Code On-going Implemented. 16. & 17. New Law on Judicial Completed Procedures for Administrative Cases drafted & implemented. 18.Judgements of courts published Completed and disseminated. 19.Capacity of judges and support Completed Capacity development plan staff functions strengthened outside JPP, specific training on case file management & judicial precedents As indicated above, there are a total of eight key results areas linked to the Ministry of Justice. Six of them have been completed, one is on-going and one is due to be completed upon adoption by the National Assembly. It is possible to consider that the KRA entitled National strategies, guidelines and procedures for free public legal aid updated and implemented has been partially completed in the sense that a draft strategy has been developed. However it will only be fully completed when the strategy is formally approved and implemented. Likewise, the KRA entitled New Law on Lawyers implemented is partially completed, although it will only be fully completed once the law is adopted and implemented. However the MoJ is in practice anticipating adoption, in the sense that it has developed a plan for implementation of the revised law on lawyers and conducted stakeholder workshops on issues to be addressed concerning enforcement of the law. Likewise, while the capacity at the legal aid provincial centres is being strengthened, the point of departure is that capacity was quite low. At JPP purpose level, it can be said that the JPP has contributed to the second and third programme purposes (reorganising the justice sector and strengthening capacity). The programme has also made some contributions towards fulfilment of the first purpose (ensuring a democratic, transparent justice sector), but this is an on-going process. 28 SPC The KRA on which the programme s input was the most direct was, according to the SPC, the one concerning the publication of court judgements. At programme purpose level, it can be said that the JPP has contributed to public awareness about the work of the SPC, which is arguably part of the first purpose, and to the second purpose, capacity building. Regarding 28 A democratic justice sector could be read to imply judicial independence, which is not addressed in the logical framework. Page 40 of 146

41 the latter, the programme s contribution has taken the form of specific expert interventions, for example on the management of court dossiers (case files). In both regards, the view of the SPC was that the JPP s input was key to enabling new developments (publication of judgements on a much wider scale than had previously been done, and introduction of improved case file management methodology, on a pilot basis. These changes may appear to be purely technical, but they have the potential to improve the functioning and fairness of the justice system a better court dossier management system, for example, can in other countries experience help speed up court decisions. 29 SPP Of the five major key results areas, three have been fully completed with considerable input from JPP. The fourth key result is the completion of an amended version of the Criminal Procedure Code, where considerable input has also been provided by the VBF. The fifth key result will be the subsequent implementation of the amended code. Apart from these, the other KRAs have been achieved, including a capacity development plan and training needs assessment. 30 Effectiveness of technical assistance Representatives of the beneficiary institutions agreed that the RTAT of Component 1 delivered their services to a high standard: the beneficiary institutions reported that they found the team responsive to their needs, and pro-active in terms of supporting the development of work plans, suggesting activities and advising about international practices and standards. A clear degree of trust had developed between RTAT members and the institutions they were working with though this varied from one institution to another. The short-term experts enrolled by the RTAT were in general reported by stakeholders to have performed well: they were reportedly relevant and their presentations were of good quality. However, in some cases, their effectiveness was affected by the planning procedure, because some of the experts came to Vietnam at short notice as a result of delays in the final approval of their visit. This may have resulted in experts having less time than desirable to prepare their input, and particularly to tailor it to the specific circumstances in Vietnam. There were also different expectations on the extent to which the RTAT should provide donors with advice about the dialogue between donors and the Vietnamese government. The 29 In Europe, for example, the Council of Europe provides technical assistance to Member States who so wish on case management, because this is seen as a way to speed up legal proceedings at relatively little cost. 30 It was initially planned by the RTAT to support the development of training needs assessments and capacity development plans within each of the beneficiary institutions. In the event, capacity development plans were indeed developed by the institutions, but these did not necessarily serve the purpose intended by the RTAT. In particular, some of the plans were, in effect, staffing plans. The RTAT reported that the SPP training needs assessment was thorough and appropriate, and was used, inter alia, in the process of establishing the SPP University a successor institution to the previous SPP Training College. The training needs assessments were not used directly to guide the provision of technical assistance: this can be explained in part by the fact that decisions on TA were essentially taken as part of annual work planning, a process that was different from the assessment of training needs. Page 41 of 146

42 contract between the EU and the British Council refers to an advisory function, in that it states that the contractor shall provide support to the Partnership Committee (PC) of the JPP (comprising both technical expertise and logistical/administrative support and draft annual reviews and other assessments and studies. In pursuance of this, the EUD and the Danish Embassy sought advice from time to time from the RTAT on specific aspects of judicial reform. However, the British Council and the RTAT had not interpreted this part of the TOR as an obligation to provide analysis to the donors over and above reports on programme implementation. 31 The RTAT was organised around four Key Experts, supported and managed by the British Council. The Team Leader had overall responsibility for the delivery of TA and the three other experts were each in charge of relations with one of the beneficiary institutions. The experts were also assisted by translators and administrative personnel. This structure had the advantage that each institution was familiar with their expert, who came to know the relevant staff. An understanding of each side s operational constraints developed between the RTAT and the institutions, as well as a degree of mutual trust, which was useful in view of the sensitivity of judicial reform issues. The weakness of this team structure may have been that it did not discourage a silo approach, in which the RTAT addressed each institution separately. In the future, it is possible to imagine a team of thematic experts (on organisational development, legal drafting, training, etc.) each addressing all three institutions Efficiency The component was efficient in terms of value for money, in the sense that funds were broadly used as originally planned. The EU-UN cost norms for Vietnam 32 were applied, meaning for example that a maximum daily allowance of US$60 was payable to participants in activities such as training sessions outside their place of residence. Although other donors, such as JICA, have much lower norms, the evaluators concluded that the use of EU-UN cost norms was based on a reasonable estimation of costs. Seminars took place in different parts of Vietnam: the most frequent location was Hanoi, followed by Ho Chi Minh City. Some seminars were held in more remote or tourist locations such as Ha Long Bay, others in different provinces distributed in such a manner that the North, Middle and South Vietnam were covered: the evaluators believe that this was broadly appropriate. 31 The EUD and the BC differed somewhat in their reporting to the evaluators of what was agreed in meetings discussing this point. Comments by the MoJ suggest that it too considered that the RTAT of Component 1 had no explicit mandate to advise the donors under the programme document. The evaluators take the view that the RTAT s mandate to advise donors stemmed both from its mandate to advise the Partnership Committee Secretariat, and thus also the donors, and from contractual arrangements between the EUD and the British Council. 32 The EU-UN guidelines for financing of local costs in development cooperation in Vietnam is the result of an annual exercise conducted by UN agencies in Vietnam, the EU Delegation in Vietnam and the Ministry of Planning and Investment of Vietnam. Page 42 of 146

43 The key concern affecting efficiency was related to planning of activities in general, and of training sessions in particular. Planning in general was carried out on an annual basis, but administrative delays on the Vietnamese and donor sides made it difficult and resourceintensive to hold activities in a timely manner. In essence, the process involved the MoJ, SPC and SPP developing their own work plans, on the basis of priorities agreed by their respective leadership each year. Once these priorities were known, departments within each institution could request JPP support for specific activities. Detailed work plans were then drafted, based on a prioritisation process decided by the ICD of each institution and then presented for consultation/approval in the relevant SC. Once agreed, activities within work plans were implemented, which sometimes required further approvals by donors: of TOR and experts identified for the provision of short-term TA. As a result, the time lag between priorities being agreed at senior level and activities taking place could extend to months. Though this was unfortunate, it is to be noted that this was an inherent result of each stakeholder following its own administrative procedure. Provision of training under the JPP A second, related concern affecting efficiency was the relative lack of long-term planning, particularly with regard to staff capacity building activities. The building of staff capacity in large institutions typically requires multi-year training programmes, to ensure that a critical mass of staff members receive appropriate training or familiarisation with relevant issues. The JPP was a capacity building, not a training programme. As such, the capacity-building activities were not aimed at disseminating knowledge across the entire beneficiary institutions instead, they consisted in initiating knowledge dissemination, which the institutions could subsequently develop on their own. However, the RTAT could not plan for a longer period than the institutions own work plans, which in the main were reviewed and approved annually. In hindsight, the capacity building activities could have been easier to manage, had they been more explicitly related to longerterm training plans by the beneficiary institutions. The MoJ noted that this was not indicative of any lack of planning capacity, and that specific activities were followed upon from one year to the next, in accordance with institutions multi-year strategic plans. Annual JPP priorities, according to the MoJ, were mainly derived from these strategic plans. (The MoJ did note, however, that the process was open to delays because activity plans needed to be approved each year). This issue of training as a form of capacity building needs further elaboration: The JPP was designed to help build capacity in the three institutions through a number of tools that included training needs assessments and demand-led TA, as agreed under the process outlined above. Page 43 of 146

44 The three institutions, like all their counterparts around the world, have on-going training needs for their staff and managers, for example to familiarise staff with new working methods, the implementation of new legislation, or any other issue on which information needs to be disseminated. Many of these training needs are recurrent, year after year. In a country of 90 million like Vietnam, where the three institutions employ tens of thousands of civil servants between them, it goes without saying that staff capacity building needs processes for on-going training. The three institutions all have their own training centres or universities, designed to meet these needs. The JPP was not designed or intended to substitute itself to existing or future training mechanisms. Instead, its focus was (beyond support to training needs assessments) to provide TA that could initiate pilot training sessions in selected areas, or (even more broadly) to familiarise policy makers with areas that could, in future, be the object of training sessions ranging for example from case file management to alternative dispute resolutions and commercial arbitration. The component doubtless brought excellent experts to Vietnam in a range of fields, who helped disseminate valuable information about relevant issues: the feedback from representatives of the institutions is unanimous in this regard. However the JPP did not aim to provide institution-wide training to the institutions personnel: this is a function best performed by the institutions own training departments. This point may, in part, explain why the training provided under the JPP were not systematically aligned with the conclusions of training needs assessments (another part of the explanation being, as noted above, that the process for planning TA was distinct from the training needs assessment process). Should the JPP have provided training based solely on the needs assessments? The evaluators view is that this could have led to the JPP assuming training functions that should be the responsibility of the institutions. The JPP was correct in its approach consisting at disseminating new information based on international good practices. In a review of specific activities in the MoJ work plan, for instance, the evaluators were informed that JPP support was originally directed towards just four MoJ departments. However, more departments eventually became involved. The evaluators are concerned that this may have led to some loss of programme focus. On the other hand, this was probably difficult to avoid if the programme was to be true to its demand-led approach (it should also be noted that the increase in the number of departments involved was endorsed by the Steering Committee overseeing the MoJ sub-component. The MoJ confirmed this in comments on an earlier draft of this report, stating inter alia that, as new responsibilities were transferred to various departments, there was an increase in the number of departments that could benefit from involvement in JPP activities. Page 44 of 146

45 Seminars would typically involve 60 to 80 participants, or more, which was justified particularly in the case of national-wide consultations involving officials from many of Vietnam s 63 provinces and large municipalities. There was generally an adequate gender balance among participants in activities although senior participants were mostly male, reflecting the gender distribution in senior positions in the three institutions. In terms of efficiency, the investment of a full team of technical advisers has been considerable. Based on the assumption that each of the partners needed specialized attention, it may be justified that a team of several advisers was used. Notwithstanding, if the size of the input is compared to the outputs produced (i.e. training courses, discussions on legislation and drafting of bills) it is difficult to reach an unequivocal conclusion on whether the support which was provided can be deemed efficient. On the one hand, there is no guarantee that the outputs reflected in the bills introduced to the National Assembly, including those containing issues promoting international standards, will in fact be passed in their present form. Neither can we be certain that the bills, once passed, are fully implemented. On the other hand, if the proposed bills and the mentioned amendments are in fact passed, they could imply relevant steps towards compliance with international human rights standards. In such a situation, the Programme would be assessed as having been efficient. Taking previous experience into account, the development may end up somewhere in between the two aforementioned scenarios, where not all, but some new legislation is passed by the National Assembly. In general, it is the Team s impression that Vietnam is moving slowly towards international human rights standards. Whether this development could proceed at a faster pace is a discussion for the donors to hold as part of the policy dialogue Impact The component has achieved a number of results, which allow for the identification of the following elements of impact that is, changes in practices, policies or attitudes that will likely outlast the programme period: Enhanced role for lawyers. The amended Law on Lawyers, drafted with JPP support, is due to be fully implemented. Together with draft amendments to the Criminal Procedure Code which include safeguards for the role of lawyers in the assistance of criminal defendants, and with the structural reinforcement of the VBF (component 2), the programme can be said to be having a significant potential impact on the role and visibility of lawyers. The new law mandates the VBF to monitor lawyers practices (a function previously carried out by the MoJ), and more broadly recognises the role of the VBF as the representative of the legal profession. Though safeguards for the role of lawyers will still fall short of the requirements of international human rights standards, the incremental steps taken are positive, and may lead to improving citizens access to justice. Page 45 of 146

46 Access to legal aid and advice. The component has contributed to the development by the MoJ of a legal aid strategy aimed at increasing access to legal aid by vulnerable people and at increasing the professional skills of legal aid providers. Together with the increase in the number of civil servants assigned to legal aid 33, access to justice for vulnerable citizens should increase gradually, and this would contribute to enhancing the use of, and trust in, the legal system. The impact of this incremental change may be further reinforced by the impact of component 3, which included projects dispensing legal advice to vulnerable citizens. The pilot socialised bailiff project, which was supported by JPP, has led to the multiplication of these bailiff offices to 13 provinces and 300 bailiffs. This could in principle also help make access to justice somewhat easier to part of the Vietnamese public. 34 International human rights safeguards. JPP has touched sensitive issues, such as workshops on the Penal Code (2014) and the collection of opinions about the draft Country Report on implementation of the International Covenant on Civil and Political Rights. Topics have included changes related to the use of the death penalty 35 in Vietnam. In a sign of the programme s impact, MoJ officials stated that exposure to international practices was an important element in these discussions. 36 Publication of judgements. The fact that a large selection of court judgements has been published with support from JPP hints at the gradual increase in the transparency of court decisions, and lays the groundwork for the development of a body of authoritative precedents 37. This may lead to the justice system becoming better understood by the public, and also more predictable. In addition, the table below summarises the contribution of the JPP to amendments to key legislation such as the Criminal Procedure Code. The elements of impact identified in this section suggest that, even if the component s original outcomes were not all fully achieved, the achievement of its KRAs has laid the groundwork for continuing change. Key bills and Support provided and potential impact Comments 33 In Hoa Binh, for example, the number of provincial-level employees assigned to legal aid duties has grown from 12 to 27 between 2010 and Bailiffs are defined as judicial auxiliaries, essentially helping ensure the enforcement of court decisions. As a result of the JPP-supported pilot project, the services of bailiffs, which used to be part of the court system, have been effectively privatised ( socialised ), with bailiffs collecting fees for their services. 35 Amendments to the Criminal Code, currently tabled before the National Assembly for possible adoption in 2016, include a reduction in the number of crimes punishable by death, from 22 to 15. The crimes for which the death penalty would no longer be applicable include economic crimes. This reduction, if adopted, would continue a longterm trend: the number of capital offences in Vietnam has gone down, through successive reforms, from 44 before 1999 to 22 today. There is no direct link between the number of capital offences and the number of death sentences passed by courts, and Vietnam does not publish statistics about the annual number of death sentences and executions. Amnesty International, which tracks the use of the death penalty worldwide, said in its 2014/15 Report that three executions had been reported in 2014 in Vietnam, and that the number of people sentenced to death was estimated at about The JPP did not provide international TA in relation to the death penalty, but several workshops where international sources were referred to in relation to that issue were supported. 37 It is important to note, however, that not all published judgements will have the status of precedents. Instead, the approach taken by the SPC is to designate specific judgements as having precedent value, thus encouraging other courts to draw inspiration from them in relevant cases. The judgements published with JPP support will not necessarily receive that designation. Page 46 of 146

47 laws Criminal The Government of Vietnam has assigned to the SPP the Procedure responsibility of amending the Criminal Procedure Code. The Code JPP has provided the SPP with international expertise for this purpose. The first draft of the code was presented for comments to the National Assembly Standing Committee in April It is expected that the new law will be adopted in In its current version, the draft maintains unchanged 27 articles of the 2003 CPC, removes 19 articles, adds 166 new articles and amends 290 articles. A number of controversial issues are up for debate, including: 1) The right of people arrested not to be compelled to testify against themselves or to plead guilty; 2) Removal of the requirement for defence counsels to obtain a certificate in each individual case, prior to taking up a case. This is to ensure that lawyers are able to provide timely support to people arrested or temporarily detained, and to enable them to exercise their right to defence; 3) Widening the requirement for a lawyer to represent a defendant to cases where defendants are charged with an offense punishable by life imprisonment as the highest penalty. (At present legal representation is only guaranteed in cases where the death penalty is the highest punishment, cases involving juveniles and those concerning state security.) Penal Code The Penal Code has been under revision since The MoJ prepared a draft of the revised code, which the Judicial Committee at the National Assembly has approved. The full revised code will be submitted for approval to the National Assembly plenary in Issues to be discussed at that time will likely include: 1) The reduction of instances in which the death penalty may be applied (down to about 7 types of crimes as proposed by the revised draft); 2) The criminal responsibility of legal entities; 3) The imposition of life sentence without possibility of parole. The JPP has not directly provided international TA on this issue, but some of the workshops by the MoJ have contributed to the discussion. The proposals mentioned and others are seen as a move in the direction of compliance with fundamental principles governing international standards. Development partners should monitor whether the proposals will in fact be adopted. The development partners should actively monitor whether the new legislation is adopted. If it is, there should also be monitoring of enforcement. Civil The process of amending the Civil Code began more than two Development Page 47 of 146

48 Procedures Code years ago. The MoJ drew up the first draft of the amended text. The Ministry thereupon organized several conferences and workshops throughout the country to comment on the text. The revised code is due to be approved at the second session of the National Assembly in partners should monitor the adoption and implementation of these provisions. JPP has provided technical assistances and workshops to discuss the Civil Procedure Code. One of the key proposals is to make it an obligation for courts to deliver a verdict, even in the absence of specific provisions addressing the issue concerned. Courts usually refuse to consider such cases. The revised code would oblige courts to accept such cases and deliver judgements in accordance with their interpretation and notion of justice. Another provision involves the removal of time limits for introducing a civil law petition to the courts. The current text of the draft civil code, as submitted to the National Assembly, provides no statute of limitation for the right to bring a claim to court. The argument here is that it is a matter of doing justice. With respect to the new Law on Lawyers, the amendments and their enforcement have also received support from JPP. However, the main impact of change is promoted through the Vietnam Bar Federation. Therefore, the main impact is presented in relation to Component 2 of the programme Sustainability Regarding MoJ activities, the promotion of a new legal framework (for lawyers, Civil Code) and for governmental strategy (legal aid) is normally an adequate way to promote sustainability. The MoJ takes the view that the strategy is suitable, but that some of the specific indicators of the strategy may need to be amended. It would therefore be appropriate that future support to the MoJ should contribute to the implementation of the new legislation and strategy, including the revision of some indicators. Could the RTAT have contributed further to enhance the sustainability (and impact) of Component 1? There might have been scope for RTAT to provide the donors with more detailed insights into the judicial reform processes. This could have provided the donors with additional information, which they could have used in their political dialogue with the Vietnamese authorities. Should the donors in future wish to obtain such input from technical advisory teams, with a view to strengthening policy dialogue, it would be advisable to spell this out more clearly as a requirement, or to appoint a (possibly part-time) programme coordinator or external consultant to monitor the programme independently and draw relevant lessons of use for policy dialogue. This would make it possible for the TA to be fully Page 48 of 146

49 dedicated to supporting the beneficiary institutions, while ensuring that donors receive independent political advice and monitoring reports. According to key informants, some of the activities could, if the Vietnamese authorities so decide, be continued and financed by the Vietnamese state budget. It is important to highlight that most activities are training and workshop activities that add quality and information on key issues and facilitate inputs to bills and policies. In this sense, the JPP does not finance its partner s core functions. The bulk of the EUD financial contribution is technical assistance, meaning that the cost follows international standards. These, however, cannot be directly compared to the cost of the partners activities, which are financed by the Vietnamese budget. Support from the EUD should be considered an additional, short-term investment and not as a cost which must necessarily be substituted for with national funds Findings on component Relevance The support provided was relevant, considering that VBF has a key role to play in the justice sector in Vietnam, in terms of capacity building and institutional development of the legal profession. Significant organisational changes were achieved. Two challenges remain: Strengthening the governance structure, including the link between membership and leadership; and Financial sustainability. In 1987, there were only 186 lawyers registered in Vietnam, while in 2009 (at the time of the establishment of the VBF), this had increased to 4,500 lawyers and around 2,000 trainee lawyers. In 2009, only 20% of lawyers were women. In June 2015, at the time of the evaluation, VBF had a total of 9,566 members, of which 3,181 were women (or 33%). The 2006 Law on Lawyers provided for the organization of the VBF as a self-managed socioprofessional organization. According to the law, the VBF and the bar associations have the following functions: To represent lawyers and protect their legitimate rights and interests; To provide professional training and retraining for lawyers; To oversee lawyers in their observance of the law and rules of professional ethics and conduct; and To manage law practice in accordance with the law. The Vietnamese authorities and donors both consider it important for Vietnam to have an effective lawyer professional organisation. In March 2014, the Communist Party s Central Page 49 of 146

50 Judicial Reform Steering Committee underscored progress made with regards to strengthening the lawyer s professional organisation, and the continued importance of doing so: The Bar Federation was established and is now in full operation and achieving initial results. (...) The mechanism for responsibility of lawyers and promotion of the self-governed role of bar associations and VBF has been improved step by step. Cases in which lawyers provide legal advice, legal aid and defence increase. (...) Lawyers argue actively, thus creating a democratic atmosphere in court. (...) The role of lawyers is gradually confirmed in the political and legal systems of the country. 38 This review is based on the Judicial Reform Strategy s explicit reference to tasks on Training and developing a corps of lawyers with good political and ethical qualities and high professional competence. The evaluators found that the original arguments for strengthening the lawyers role and the Bar Federation are still relevant. The demand for good lawyers and the importance of involving them in discussions on relevant legislation will are of importance for gradually moving towards international judicial standards. The VBF had, as a completely new organisation, a clear need for organisational development. The support to the VBF was provided by the Canadian Bar Association (CBA), which was selected through an international tender process. The four key results areas were: To support the VBF in the development and maintenance of its normative framework; To support the VBF in development of its regulatory instruments and processes; To support the VBF in its role to define processes and roles as an active articulator of professional common interests and views; and To support the VBF taking up its role in respect of providing preparatory and continuing professional training. There was a relatively low disbursement level on this component (see below), and some delay in the implementation of some activities after the TA period ended. These were largely a result of the fact that many activities were closely linked to the Second Congress of Lawyers, which was itself delayed as a result of factors outside the control of the VBF. The Congress eventually took place in mid-2015, raising the prospect that delayed activities may be completed by end Effectiveness The overall purpose of empowering the VBF has been achieved to some degree. Key results were achieved, although questions remain as to the standards reached by these achievements in some areas, since on some matters the VBF may still be reliant on individuals (for example, a person who can provide expert and representative input on relevant legislation), rather than on its own internal consultation mechanisms. 38 CSJRC Report On reviewing the 8-year implementation of Resolution 49-NQ/TW of the Political Bureau on the Judicial Reform Strategy to Page 50 of 146

51 The CBA supported the VBF in strategy development with regards to VBF priorities, through an organisational audit of the VBF. Thereupon, annual work plans were designed for the programme, thus ensuring that the activities were in line with the strategy. Component 2 Status of key result areas Key result Status as of June 2014 Comments area 1. Normative framework for the establishment, management and operation of VBF completed. Internal rules in place and sub-committees established; Financial management, including accounting manual; Membership database established; Charter revised; Economic development strategy drafted; Support to local bar associations; VBF website established and operating; Communication strategy for VBF approved by the National Council in Completed, though implementation requires further monitoring. Need to review regulations in keeping with revised charter and communication strategy. The English web site needs to be updated. 2. Regulatory instruments and process of the VBF in place. National Code of Conduct and Ethics approved; Training of lawyers on Code of Conduct (see details for numbers in training below); Improvement of the management boards of the local bars; National discipline procedures approved. Completed, but there is a need to further train and improve staff capacity, so that the instruments are internalised. 3. VBF active as articulator of professional common interests and Lobbying for legal reform and submissions concerning most important laws. Sub-Committees have been engaged in these activities. During the period : Completed, although there is a need for a broader involvement of Page 51 of 146

52 views. Four reviews concerning draft legislation were completed and submitted to MoJ: on civil procedure; law on lawyers; administrative procedures (notary system, immigration, nationality); Criminal Procedure Code; Twenty-four written comments/recommendations on draft legal documents submitted upon request to relevant agencies; Increase of public awareness through broadcasting of DVDs of Law Day 2011 Anniversary Programme to local bars and other stakeholders. Public meetings held and legal advice provided; Enhanced formal/legal status of lawyers (for example, the VBF president is a member of the CJRSC). more members of VBF who can contribute input. 4. Preparatory and continuing professional training delivered. Training sessions have been implemented and educational and course materials produced. There seems to be a slight increase in the proportion of women participants in VBF trainings: 525 lawyers trained in 2011 (136 women, 319 men, 70 unspecified); 1,051 lawyers trained in 2012 (392 women, 659 men); 710 lawyers (478 men, 232 men) in 2013; 1,174 lawyers (670 men, 504 women) in Although the activities under the project were completed, there is a danger that training is not continued. There is a need to carry out a feasibility study for further training courses. Training will be affected if donor funding stops Efficiency The support of the Canadian Bar Association was broadly acknowledged to have been at a high standard. It contributed to improve the management capacity of VBF staff. Component management was a challenge, and during Programme implementation it was affected by weak internal communication processes, though these improved in the course of the programme. Still, the evaluators found that, even in 2015, the VBF remained highly centralised, and most VBF activities were carried out by the Secretariat and a small number of senior VBF members, with little input from rank-and-file members. This was the case, for Page 52 of 146

53 example, in relation to VBF comments on draft legislation: the comments were largely drafted by Hanoi-based senior lawyers who were members of the VBF leadership. The VBF Secretariat reported that all 63 local Bar Associations were consulted during the commenting process, but not all lawyers interviewed outside Hanoi confirmed this. Did the Canadian Bar Association provide value for money? The CBA was contracted through a tender process to support VBF with the four key results. Both the VBF and the donors interviewed find that the CBA provided an important contribution to the VBF s internal strengthening. From the donor point of view, the CBA did as much as possible for an external agent. Sometimes a question was raised on whether examples used, as well as well as consultants should ensure that not only Canadian experience (and persons) was used. On the other hand, for the topics they dealt with, it is the overall impression that the transfer of knowledge worked well. It was noted that the CBA did not engage in how the VBF should contribute with policy inputs, since this part was outside the scope of the CBA TA and seen as something that the VBF should define themselves. The VBF indicates that the most important results from CBA Technical assistance were: (i) Expertise shared in professional areas of the legal profession management including development of institutional framework for VBF operations, law reform works, protection of rights and interests of lawyers, continuing legal education; (ii) Support to improvement of VBF staff capacity in project management in general and financial management in particular; (iii) Support the VBF to get comparative experience through reference of relevant international experts from various bar associations as well as to establish and maintain relationship with international bars including the All China Lawyers Association, Laos and Cambodian Bar Associations. The CBA provided effective support to the VBF in many respects, but its support came to a somewhat premature end in view of the VBF s needs. In the event (mainly because of delays in the organisation of the VBF s Second National Congress, which also delayed implementation of earlier decisions, the VBF was unable to make full use of the financial support available to it through the JPP after the TA period ended in mid Impact Outcomes of the VBF s contribution to law formulation process Linked to the mentioned outputs are the VBF s contributions to different legislative changes. As can be seen in the box below, it is likely that the VBF has been able to promote proposals on new legislation, such as the Law on Lawyers, which is already approved. Examples of specific VBF contributions to bills and approved legislation Law where Status as of 1 April 2015 Status of law Page 53 of 146

54 VBF has provided inputs The amended Law on Lawyers Criminal Procedure Code - Chapter 7 VBF has given many comments on Draft of the Law on Lawyers directly in the meetings or by official submissions. 3 opinions out of comments of VBF have been accepted, that are: 1) VBF shall organize and take responsibility for the Legal Practice Apprenticeship s Results Examination in accordance with this Law and the guidelines of the Ministry of Justice. (that stipulated in Paragraph 2 Article 15 and Paragraph 5 Article 65 the new Law on Lawyers); 2) Remain the powers of VBF relating to issue, change or revoke Lawyer s ID Cards; provide guidelines for annual review and assessment of lawyers performance (Paragraph 7 Article 65); 3) Remain the powers of VBF relating to organize the lawyers profession training (Paragraph 4 Article 65) and not stipulate on time limitation of Lawyer s ID Cards - No distinction between VN lawyers and foreign lawyers are included in all recommendations of VBF on the Draft of Law Lawyer VBF contributed to to the drafting of Chapter 7 on defence of Criminal Procedure Code - with new regulations on the rights and obligations of lawyers, such as: right to attend in all period of criminal procedure, collect evidence; and further proposals to remove out the certification of defenders. and decree (approved/ not approved) The amended Law on Lawyers came into effect on from 1 July Being submitted to the National Assembly for approval Other important contributio ns VBF has a committee for the protection of lawyers rights in criminal proceedings. Though appointed by a client, the investigation agencies may delay acceptance, prevent meetings with the client, and require a certificate from the lawyer. There is a proposal on the table to change this situation in the Criminal Procedure Code. - Giving comments on the Draft of Law on Marriage and Family (revised) and the draft of decree on guiding the Law on Marriage and Family, Penal Code (revised), the Civil Code (revised), the Civil Procedure Code (Amendment), Administrative Procedure Law (revised):; - Proposing to amend the provisions of Article 38 of Circular 28/2014/ TT-BCA (enacted by the Ministry of Public Security) which relates to handling violations of lawyers, and other persons who protect the rights of the concerned parties. - Giving comments on the draft Circular on payment for lawyers who involved in the criminal proceedings from the request of the proceedings agencies. The Law on Marriage and Family came into effect on 1st January 2015; other laws are being submitted to the National Assembly for approval; The Ministry of Public Security Page 54 of 146

55 has revised Circular No 28. On this basis, it is possible to identify the following elements of impact for the VBF component of the JPP: More protective legislative framework for lawyers. The input to the draft Criminal Procedure Code concerning the rights and obligations of lawyers is particularly important in this context since it is probably the input which is most relevant to the JPP objectives. It deals with the lawyers right to attend in all period of criminal procedure, collect evidence; and further proposals to remove out the certification of defenders. In this case, the Criminal Procedure Code is still being discussed and there is of course no guarantee that the proposals will be approved. If approved, several observers interviewed consider that the amended legislation would be a direct contribution to the overall JPP objective of a capable, ethical, democratic and rightsprotecting justice sector developed. Having said that, impact will only materialize if the law is approved and enforced with sufficient resources. Increased recognition of the legal profession. The VBF has received some highlevel official recognition. At a working session with the VBF in August 2014, President Truong Tan Sang praised the work of the lawyers but also emphasized the need to improve the operational efficiency of the lawyers organization. The session recognised the increased role of lawyers: over the past five years, according to the VBF, lawyers have become involved in defending and protecting the rights and legitimate interests of organizations and individuals and have dealt with nearly 67,500 criminal cases, over 54,000 civil cases, nearly 5,500 economic cases, and 4,423 administrative cases. In addition, the VBF has provided free legal advice to 31,271 poor and social policy beneficiaries. This level of visibility of the legal profession, highlighted by a presidential meeting with the VBF, may be taken as an indication of a gradual recognition by the authorities of the VBF s effectiveness Sustainability Over the last five years, the JPP has supported the VBF in establishing institutional framework for its operation such as internal regulations of committees and units, the Code of Conduct and Ethics. This framework will continue to be effective. JPP has also supported the VBF in law reform works. The VBF s opinions are included in revision and amendment of legal documents especially those relating to law practice of lawyers. The VBF s active role in this area will continue after JPP ends. However, due to financial difficulties, forms of compiling opinions from lawyers nationwide on draft submissions might be narrowed down, as there will be no funding for external consultants or organization of seminars or workshops or surveys. Page 55 of 146

56 With support from the JPP, the VBF has developed regulations on protection of rights and interests of lawyers as well as those on settlement of complaints against lawyers. These mechanisms will continue to be used for further related activities. The JPP also funded a number of pro bono /legal aid activities by lawyers in some bar associations, which it encouraged to continue this practice tradition after JPP funding ends. However, given limited resources and skills in legal aid provision of local lawyers, sustainability of these activities is still a concern. In terms of continuing legal education, the JPP has supported the VBF to develop a number of training materials and video clips. These materials will continue to be used for future training courses. With support from the JPP, the VBF organized a couple of train-the-trainers workshops participated by international experts to share comparative experiences. It is expected that after the Training School of the VBF is established, the trainers will provide training for new comers. However, as noted above, the VBF might face a lot of challenges in development of training materials and improvement of capacity of trainers due to financial difficulties and lack of experienced human resources. There are therefore still two main concerns: institutional and financial sustainability, as explained below. Institutional sustainability: VBF governance Governance at the VBF has doubtless improved in the course of the programme. The division of tasks between the VBF s elected leaders and the Secretariat has been clarified as a result in large part of CBA input, and the Secretariat has by all accounts become a capable and effective body providing support to the VBF leadership. The evaluators found the Secretariat team to be committed and professional, and noted that requests for information were swiftly satisfied, thanks to the existence of appropriate management systems. The senior leadership of the VBF is made up of experienced lawyers, many of whom have had exposure to international practice, including through visits to bar associations in other countries. However, VBF governance is an area that still requires attention. The VBF faces challenges related to its membership and financial sustainability: Vietnam remains a country with relatively few lawyers, where many of the registered lawyers are employed by commercial or public sector entities. For them, as opposed to the minority of lawyers in private practice, membership of the VBF is not a prerequisite to the exercise of their profession. Lawyers incomes in Vietnam remain low by international standards (even if there are clear exceptions), which means that the VBF cannot expect to achieve financial independence in the short to medium term on the sole basis of lawyers membership fees. Page 56 of 146

57 Beyond this, the VBF remains a relatively centralised organisation. As concerns ethics, a unified Code of Ethics was developed, as mentioned above. It also introduced the regulations regarding discipline, as a means of ensuring uniformity in how regulations are enforced. However, there are considerable differences across the country, and VBF authority over the local bars is still in its initial stages. Financial sustainability: a particular concern In 2015, donor contributions constitute 54 % of the VBF budget. The contribution from the JPP is by far the largest (51 %) of the donor share, and also includes the expense to the CBA (CBA phased out in mid2014). Development in VBF budget (source: VBF Secretariat) (tentative) 1. Total VBF income (USD) (= ) 697, , ,620 1,010, Total income from membership fees 150, , , , Contributions from donors: 427, , , , JICA 24,785 37,208 40,204 30,000 3 Denmark (JPP) 377, , , , UNDP 20, Germany 4, Other 119, , , , Carried over from previous year 77, , , , State budget: (a) Office rent; (b) Tasks assigned by the Government such as the Strategy on Development of the Legal Profession until 2020, etc. (c) 2 nd National Congress (for 2014 only) Contributions from members for Lawyers Fund , , , , ,798 7,635 Bar admission exam fees ,898 11,000 1 Other (bank interests, membership card printing fee, selling publications etc.) 2. Total VBF expenditure (USD) (excluding donor activities) 12,088 21,734 20,322 20, , , , ,382 % It is encouraging though, that other contributions have tripled between 2012 and 2015 now constituting one third of the total budget in 2015, although the lion s share are amounts carried over from previous years an income, that is unlikely to be as high as in 2015 each year. The main other sources for other incomes are tasks assigned by the State. The membership fees only constitute 15% of the total budget and have actually slightly decreased since This is a concern, since these funds help create an independent Page 57 of 146

58 federation. The ET has been informed and the amount in the table confirms it that the potential from membership fees is far from being exploited. Implications of donor withdrawal The possible withdrawal of donors is a key issue for VBF. Over the past few years, incomes from membership fees and other resources are just enough to cover the core funding of VBF (i.e. salaries for staffs, electricity bills, internal meetings, etc.). Meanwhile, donor funding is used for professional activities (i.e. training for lawyers, law reform works, legal aid activities, protection of lawyers rights and interests, communication, website development, etc.). Also, due to VBF financial difficulties after the government cut their subsidy to VBF in 2012, JPP donors have agreed to meeting part of the costs of the National Council of Lawyers (which meets twice per year) and the Standing Committee (which meets at least 4 times per year), as long as these meetings are combined with JPP activities. However, if VBF does not receive donor funding after 2015, it would have to scale down these professional activities. In such a scenario the National Council of Lawyers will only meet once a year, while the Standing Committee will mostly work through s and conference calls. The aforementioned situation also means that the VBF s idea of establishing a training centre for the basic training of lawyers is as yet very ambitious and will require a stable situation as regards funding. As can be seen from the figures, the VBF will still have some funds once the donors retire. The sum of membership fees and the support from the state budget in 2015 is around 270,000 USD, or less than a third of the 2015 budget. The VBF will therefore, even without donor funds, continue to exist, but will likely experience a lower level of activity. It is strategically important for the VBF to increase income from membership fees, to enhance its sustainability and independence. To do so, there is a constant need to remind members on what the VBF can do for them. It was of course impossible for the JPP donors to substitute themselves to the VBF to devise a strategy for exiting this five-year programme, with minimal disruption. However it is clear that the VBF did not on its own devise a JPP exit strategy, perhaps in part because of the delay in holding its Second Congress. In any case, it would have been in the interest of both the VBF and the JPP donors to ensure a less disruptive end to the JPP support. The Congress having now taken place, the VBF has a new leadership; it might now be appropriate to allow the VBF to seek some funding under the EU JULE programme. 3.4 Findings on component Relevance The Justice Initiatives Facilitation Fund (JIFF) was established to support NGOs, which it did Page 58 of 146

59 through seven calls for proposals. Fifty-three NGO received grants to carry out 78 projects in 47 provinces, related to four key areas: Legal awareness; Legal advice; Research related to judicial reform; and Dialogue related to judicial reform. The evaluation team finds that JIFF has been highly relevant, and in many ways a pioneer initiative, spearheading NGO contribution and participation in the justice sector. Each of the key result areas has been pertinent. Although awareness regarding laws and legislation is on the rise in Vietnam, there is still a lack of knowledge as concerns basic rights, especially in rural areas. Likewise, the need for legal advice is high, not least among many of the most vulnerable groups, such as women, children and ethnic minorities. 39 JIFF has also contributed with NGO research and publications on topics related to the judicial system, some of them in areas where previous research has been very limited. For example, the fund has supported innovative research on the environmental impact of industries, including violations of environmental laws in certain areas and villages, and how citizens in such areas are compensated for this impact. Finally, through support to dialogue activities it was possible to bring about and support discussion and exchanges of experience on the performance of the judicial system. These activities too are considered highly relevant. JIFF has covered actions distributed throughout Vietnam, from North to South, including - though to a lesser extent - areas in the Southern part of Vietnam which often receive less attention from donor-sponsored programmes Effectiveness The degree of effectiveness for component 3 is satisfactory, as explained below. Key result area Indicator Achievements 1. Popular awareness of the rights and opportunities the law and justice system provide enhanced 2. Access to independent legal advice and aid improved Number of persons who have participated in awareness raising activities. 1) Increase in no. of nongovernment legal advice service providers Approximately 750,000 readers / listeners to radio programmes Approximately 84,000 persons have participated in awarenessraising activities, of which 33,000 were women. 1) Twenty-eight (28) new legal service providers. 39 For example, in the province of Da Nang a number of conflicts have emerged in the countryside, since industrialisation and urbanisation implies acquiring landed property, which is in the hands of poor and ethnic minorities. In 2014, an estimated 85 per cent of poor, indigenous households in this province had not heard of the Law on Legal Aid (2006) neither did they know who to contact if they needed legal aid. Page 59 of 146

60 2) Coverage of non-government legal advice provision enhanced in areas with limited access to legal services 3) Legal advice is provided to women, indigenous communities and marginalised groups 2) One hundred and twelve (112) new districts covered (all outside the three main cities). 3) Approximately 16,000 persons in the targets groups received support Understanding of judicial reforms enhanced through research 4. Dialogue and information sharing on matters relevant to judicial reforms improved 25 publications published focusing on Judicial Reform issues by 2014 (at least 8 articles relate to gender aspects of Judicial Reform) 40 meetings held at central and local level for sharing information and dialogue on judicial reforms by 2014 Seventy-eight (78) publications produced focusing on Judicial Reform. Two hundred and twenty (220) meetings were held related to stakeholder dialogue. The goal of the component was to increase the capacity of non-government organisations to contribute to the awareness of rights, improve access to justice and enhance judicial reform. The indicators related to this goal include the number of participants in awareness-raising activities and the amount of women, indigenous people and communities receiving legal advice. These increased, as can be seen from the table presented above, from approximately 1,300 persons provided by four units to nearly 16,000 persons provided by 28 new units. A total of 78 research papers were prepared and 220 dialogue meetings were held. According to the documentations and persons interviewed, JIFF has been effective in promoting awareness of rights and access to justice, although, as mentioned above, it has not been possible to measure a change in knowledge among persons involved. 41 It may be harder to see evidence for how JIFF has contributed to judicial reform. JIFF has also suffered from the JPP silo-syndrome (term used in the Mid-Term Review), since the three components have been carried out without any planned crosscutting activities. JIFF has promoted the undertaking of research. However, the mechanisms for using such research as an input for policy formulation and adjustments are yet to be established. Likewise, the possibility for creating coalitions and contribute to policies has been limited. A Grant Committee member informed the ET that she did not advise organisations to submit 40 The team noted that in some cases persons who had participated in training sessions are counted as beneficiaries. 41 The JPP drew up a Legal Awareness Baseline study, which also included comprehensive surveys in four provinces regarding the level of knowledge and awareness among the people. However, the Programme has not made any updates of this survey and this evaluation does not envisage such an exercise. In any case, the ET finds that many other factors can be attributed to these changes, which is why it is justified to focus on samples of projects and to interview beneficiaries linked to these samples. Page 60 of 146

61 proposals that could contribute to the law-making process because she clearly felt that the interpretation of the focus areas did not permit such proposals. More generally, there has been capacity building, and several organisations have received specific support to improve their planning skills as well as financial and knowledge management. The team has noted though, that several of the persons and leaders of the supported NGOs in fact have contributed to judicial reform. Some of the examples are mentioned among the cases, such as the support to Law and Development Journal on judicial independence. Other policy inputs efforts carried out by the supported NGOs include, among others, the promotion of the rights of persons with disabilities to a health insurance scheme, contribution to implementation of the Law on Domestic Violence Prevention by introducing steps for mediation, counselling and reconciliation. Capacity: improved service delivery, organisational development and advocacy carried out at local level but to be enhanced at national level. The NGOs have increased their professional capacity. They have also supplemented the state in providing services and awareness on important legislation. In addition, they have participated in networking to improve their activities. At local level, they have in many cases been able to engage with authorities to enforce key legislation for vulnerable groups, e.g. on human trafficking. At national level, an exchange of information has taken place among grantees and others, rather than actual advocacy work. The modality has been deemed very effective by the grantees and other stakeholders who have been close to the Programme. The use of an external Fund Manager (Global Justice Solutions, which today is a subsidiary of Coffey International) has, by and large, operated in a satisfactory manner. In the beginning it took time to get all instruments ready for the first Call for Proposals, but that has also been experienced by other similar set-ups in other sectors. The combination of international and national staff proved adequate in terms of being sufficiently knowledgeable and sensitive to the context, to NGO demands and to the need of the state apparatus to remain informed. 42 Monitoring has been carried out through at least one visit to grantees during implementation. Quantitative data seem reliable, but information from beneficiaries on e.g. quality of legal counselling is limited. The grant committee is a very important part of the set-up. The ET noted that the members of the committee have put considerable effort into reading and assessing project proposals. Through the grid, prepared by the Fund Manager and approved by the Steering Committee, they provided scores which were later discussed in a joint meeting and agreed to approval of the projects. Information on the approved projects was later submitted to the Steering 42 The grantees also expressed satisfaction with the work of the Fund Manager. In general, they find it has supported them and contributed to create better capacities to manage their projects. One of the grantees stated that the newly acquired capacity has helped to access new donors. A few donors found that the follow-up focused excessively on financial management. The Fund Manager staff and donors interviewed found it important that financial management was prioritized in this first experience. In case there were doubts on mismanagement, the Fund Manager would revise the projects (in a very few cases, projects have been stopped). Page 61 of 146

62 Committee. The ET has noted that a few members of the committee would like to have more field visits or other types of feedback in order to learn from the experiences gathered. Although members come with different levels of expertise, and some are part of the Ministry of Justice (MoJ) while others are civil society experts, almost all stakeholders interviewed find that the members technical standards and integrity have been key to ensuring the very high credibility enjoyed by JIFF. 43 The MoJ was the co-chair in JIFF Steering Committee meetings, which have been held as planned. The Steering Committee has been duly informed regarding the calls for proposals and approval of grants. In general, the MoJ has been very satisfied with the contribution from civil society to the justice sector in the four key results areas, as the Ministry representative expressed publicly at the JIFF Final Stakeholder Conference held on 3 April However, at the same time the Ministry expressed a concern regarding the set-up, since it adds pressure to the MoJ, as it means there is a need to prepare a considerable amount of documentation for the Ministry of Finance (MoF) regarding the closure of the component. This is information that the MoJ said it did not receive in a timely manner consistent with its own reporting obligation to the Ministry of Finance. The evaluators believe that this concern should be taken into account when designing the reporting processes of the future E JULE, in order not to overload the MoJ with new tasks. On the contrary, it is important that MoJ be able to create the necessary links with official institutions in the justice sector Efficiency Measured against the overall budget structure, the level of efficiency is acceptable and, according to specific programme samples, also satisfactory. The Fund Manager has used several criteria to assess project efficiency, including an effort to determine whether the itemized unit costs presented in the proposal (if any) are reasonable in terms of market price or appear to be inflated. Other concerns included: Were the inputs scheduled reasonable (or inflated), given the scope, complexity and objective of the proposed project? Were management and overhead costs reasonable (or unnecessarily loaded in favour of the organisation)? Has the overall cost of the project enabled a reasonable benefit to be derived by potential beneficiaries? During the visit to a sample of the grantees, the ET assessed to what extent the budget seems to have been adequate for the outputs produced. It is the ET s conclusion that the relation between outputs and inputs has been adequate. Likewise, the ET has noted from reviewing the projects that especially the project carried out at provincial and local level have 43 The grant committee members do not find that their decisions have been affected by other stakeholders. One grant member mentioned that on only one occasion had the Secretariat tried to question a decision. Another noted that the members did not receive enough information on implementation and results. Finally, three of the four key focus areas (awareness, legal aid and dialogue) were found to overlap somewhat, according to one grant team member, who also stated that the design left too little space for approving proposals related to advocacy on judicial reform. Regarding other stakeholders, one of the key informants found that more should be done in the future to find a person with experience in relation to legal aid. The key informants state that it is important that all grantees which carry out legal aid are registered as having such expertise by the Ministry of Justice. Page 62 of 146

63 had low costs in relation to transport, staff, meeting facilities and other necessary inputs. The small projects (less than USD 10,000) and the medium projects (between USD 10,000 and USD 30,000) have achieved a more than acceptable level of fulfilment of targets. In a number of cases, JIFF amounts have supplemented other donor contributions, hereby reaching more beneficiaries. The overall budget assigned to JIFF component was 3m, of which 1.3m, or approximately 30%, was assigned to the Fund Manager, which is a considerable proportion and in fact considered excessive by many Vietnamese stakeholders. The final figure expenditure of the Fund Manager was even higher: in the financial report it submitted in May 2015, the operational costs of the Fund Manager amounted to DKK14.26m (about 1.91m at the then exchange rate), partly because the original budget did not cover the full programme period, meaning that the contract with the Fund Manager was extended. Also, after the first extension, a Capacity Development Specialist was added to the staff. At project level, there were also administrative expenses incurred by grantees. According to the grantees, JIFF has worked very well and provided important inputs to the successful implementation of the projects. The ET shares the assessment that the present staffing of JIFF was necessary in this initial, complex phase. It may also be necessary to maintain a significant complement of staff in any future similar programme, including the EU JULE programme, which will replicate and expand the JIFF. This is because capacity among many NGOs in Vietnam is remains relatively weak, requiring a continued capacity for NGO support on the part of the future Fund Manager. It may even be argued that a satellite office could be necessary to stimulate more NGOs from the south of Vietnam to participate in the EU JULE grant scheme Impact The ET finds there is considerable evidence of important outcomes after five years of Programme implementation (JIFF extended from April 2010 to May 2015), although it may still be too early to talk about long-term, sustained changes. Several layers may be considered in the discussion of outcome and impact. In fact, one of JIFF s few weaknesses may be the lack of instruments to identify outcomes rather than outputs. On the other hand, this is understandable, since small or medium projects with a duration of only 6-12 months are likely to focus more on outputs. In practice, it has been quite difficult to use the original indicators to measure outcomes and impact. The Secretariat has had to construct new indicators. The most important national outcome is the mere existence of the fund, which has functioned well and made it possible to support and link up several NGOs in creating and broadening the space and possibility for NGO actions within the justice sector. Specifically, JIFF has demonstrated the role NGOs can play to contribute to and supplement state actions through Page 63 of 146

64 its four key results areas. The main expertise of NGOs is to be able to reach vulnerable groups. Links have been established or strengthened between the state and NGOs at local level. Several local initiatives have demonstrated how NGOs can provide information and put forth proposals which serve help the state to reach out to vulnerable groups. An example of this may be innovative ways of combating human trafficking in border areas, where local state authorities, NGO and citizens, working together, have proven able to increase awareness. No statistics are available to show there is a decrease in human trafficking, which is why it is as yet too early to talk about documented impact. At national level, a handful of NGOs, often with high-profile leaders, contribute with national proposals. In some cases they are even part of other donor-supported coalitions. There are outcomes from the actual service provided in areas (both thematic and geographical) where the state s outreach is as yet not fully developed. These are activities such as legal advice to vulnerable groups, including disabled persons and ethnic groups in concordance with the Law on Legal Aid 44 (see cases). The evaluators noted that it should not be a long-term goal for NGOs to substitute for the state in the provision of legal services. However, NGOs can provide examples on how to reach vulnerable groups who are not being attended to. Therefore, it is important that JIFF has systematised its results and distributed the experiences to the relevant authorities. Regarding dissemination of the results, in April 2015 JIFF held a Final Stakeholder Conference in order to present some of the cases. Likewise, a hand book has been produced with summaries of all projects, as well as the research produced. In a few cases, movies and theatre skits will ensure there is continued information. However, there is a need to further disseminate the information, and JPP donors have agreed to support this. Cases examples In addition to the examples mentioned above, the ET carried out visits to some of the grantees. As stated earlier, one of the most difficult areas has been advocacy at national and local level. Therefore, the evaluators focused on a few cases related to this issue, of which five are described below: Outcome and possible impact of work done by five JIFF grantees 44 Legal aid beneficiaries are, according to the Law on Legal Aid: 1. Poor people; 2. People with meritorious services to the revolution. 3. Lonely elderly people, disabled people and helpless children. 4. Ethnic minority people permanently residing in areas with exceptionally difficult socio-economic conditions. This is legal aid, while other types of legal services can be legal advice or legal counselling where the client in some cases has to pay an amount. Most of the support provided by JIFF grantees is rather legal advice than actual legal aid to beneficiaries. Page 64 of 146

65 Case 1: Support to the Centre for Consultancy on Law and Policy in Health on HIV/AIDS. The main impact of this project is increased awareness regarding the rights of people living with HIV/AIDS and advocacy at national level. This project, which was carried out from January to December 2012, focused on enhancing access to advisory services and legal counselling through a hotline and the Consultancy s office for persons, including children, who are infected with HIV/AIDS or are affected by the disease. More than 2,500 persons have received legal counselling, and more than 150 individuals and 140 lawyers were trained on the rights of people living with HIV/AIDS. A handbook with 1500 frequently-asked questions about HIV/AIDS was prepared. The budget was of approximately USD 35,000. JIFF was very helpful to the Centre, as it made it possible to undertake more research on law and health. Through the project it was able to cover nine provinces and carry out advocacy work. For example, the Centre advocated that the legislation should not force HIV+ people to make their condition public. Accordingly, the legislation was changed in 2013 and the Centre s advocacy efforts, which were supported by JIFF, are considered to have contributed to this change. The ET finds that the results have been very good, although sustainability is an issue for this project, given that financial support to the hotline is not guaranteed. Case 2: Law Development Journal: Developing criteria and indicators on judicial independence in Vietnam. The main impact of this project is to have contributed to awareness of the concept of judicial independence. The intention was to develop an index for assessment of judicial independence, conduct the pilot implementation thereof and publicly announce the research results. This was done from March 2014 to January A quite complex set of indicators has been developed, whereby data needs to be provided in order to focus on internal relations among the court systems and relations with local authorities, including the extent to which, for example, the People s Committee and People s Council have an influence on appointments and re-appointments of judges. While it is still too early to assess whether the index can be put into practice, the editor of the journal himself is carrying out advocacy related to judicial independence. Through his access to key decision-makers, including the Central Judicial Reform Steering Committee, some of the issues related to judicial independence have already been raised by him and a number of other like-minded stakeholders and was passed in the 2014 Law on the Organisations of the Courts. Judges will now be ensured a ten-year term (up from five) if they are re-appointed after their first fiveyear term. This is a step towards ensuring their independence. While the project itself, with a budget of USD 35,000.00, may not have an immediate or direct impact, it does contribute to the discussion on judicial independence in Vietnam. Case 3: Action for the Community Development Centre (ACDC): Promoting free legal advice for people with disabilities in Vietnam. The main impact of the project is improved access to legal advice for persons with disabilities. The project, which was carried out from February 2013 to January 2014, supported the establishment of a hotline and face-to-face meetings at ACDC s legal clinic, as well as mobile legal advice trips to provinces. Among Page 65 of 146

66 other issues, a handbook has been prepared with questions and answers concerning the rights of Persons with Disabilities (PWDs). Approximately 1,000 persons have thus far received legal advice. The team interviewed persons who were satisfied with this service, as they received orientation concerning social insurance and legal information on support to children, as well as on how to solve organisational problems in their disability organisation. The ACDC has received two other JIFF grants, including core funding. The second project was titled Advancing Free Legal Support to People with Disabilities in Viet Nam (February to December 2014), which covered approximately 2,400 persons through , telephone and mobile consultancy trips. The third project focused on Capacity Building for the Legal Clinic (September to December 2014). The total support from JIFF has been approximately USD 125, Support from JIFF has stimulated contact to other donors, since ACDC was able to obtain a grant of USD 100, from UNDP. However, and unrelated to JIFF support, the team also noted that ACDC staff has not always received positive feedback as regards the training carried out on legal issues for disability organisations when hired by other organisations as consultants. On the other hand, ACDC is one of the few organisations providing legal advice and is still relatively new in this area. The experience also shows that advocacy takes time, while legal advice has immediate outcomes. Case 4: PanNature: Justice for Cancer Villages in Vietnam The impact of this project is increased awareness of environmental pollution and better legal protection from the damages caused. A research study carried out from March to December 2014 focused on pointing out legal gaps in protecting the rights of persons who suffer the consequences of environmental pollution, including cancer. According to the Central Cancer Hospital, a total of 150,000 cancer patients were recorded in the country nationwide over the past five years. Mechanisms used by patients to present complaints related to environmental pollution remain unclear, as PanNature demonstrated by using case studies from five sites in four provinces. The study demonstrates there are shortcomings in policy, claim processing (incomplete mechanisms for introducing claims for damage compensation) and insufficient handling of environmental violations. It provides recommendations for, among other things, the development of compensation policies for people affected by environmental pollution. The findings have been disseminated through a policy report, 32 radio programs, a dinner with National Assembly members, more than twenty articles published, three radio programmes and a media dialogue. With support from JIFF, PanNature has attempted, together with a number of other NGOs, to exert influence on the environmental protection law which was amended in 2014, when issues related to the inclusion of social and health impact assessments were raised. PanNature has advocated in particular that organisations and not individuals should be held liable for environmental damage, as a means of ensuring agile compensation. But there is still a need to clarify the main contents of e.g. public health protection as part of the Page 66 of 146

67 environmental impact assessment. PanNature is also advocating for changes in the Penal Procedure Code and the Penal Code, among others. The project has been carried out in line with PanNature s overall strategy. The project (budget: USD 30,000.00) has benefitted from other contributions. Since its inception, PanNature has received support from over thirty donors; today, it is an NGO that is very experienced in providing input to policies. Possible impact: improved protection of the right to a life without environmental pollution in Vietnam. Case 5: Centre for Studies and Applied Sciences in Gender (CSAGA) - enhancing grassroots mediation in domestic violence cases with respect to gender and women s rights. The project contributed to diminish domestic violence. CSAGA works with policy advocacy, prevention of violence and protection of women s rights. Domestic violence is a serious problem in Vietnam. According to a survey carried out by the UN in 2010, when all three main types of partner violence physical, sexual and emotional are considered, more than half (58%) of Vietnamese women report experiencing at least one type of domestic violence in their lifetime. According to other surveys from UNODC, 68% of cases of domestic violence are settled, but 86% of the women are not satisfied with the results. The project took place from November 2013 and October The idea was to try out a model for mediation in cases where women suffered domestic violence. It was first tested in the Que Vo district, Bac Ninh Province, and later in three other provinces. The model consists of training local village teams so they can intervene adequately. Especially, the Women s Union members are trained so they can support women. A step-by-step approach is taken, including informing women of their rights, reconciliation, decision of venue for mediation (can be selected by the victim) and counselling. Twelve (12) cases were attended to and nine (9) were satisfied with how the situation was solved, including those leading to divorce. CSAGA is attempting to introduce the model to other provinces. The ET finds it important that women can decide for themselves if they wish an intervention and by whom. Still, this is too small a number of cases to build a model on. That said, the results seem promising and the need for attention is very relevant. CSAGA receives funds from a few other donors and has tried to replicate the mediation model. It is available at the Webpage. The cost of this activity, involving training of more than 130 mediators in four provinces and a presentation at a national workshop with 160 stakeholders from both NGOs and government, was of approximately USD 27, Although the benefits have yet to be fully registered, the investment does not seem large when compared to the potential impact. Case 6: Hoa Binh Association of Science and Technology The Hoa Binh Association of Science and Technology has received support from JIFF through two grants. The main impact has been that better conflict resolution mechanisms have been established in selected communities. The good coordination between the NGO receiving support and the Ministry of Justice should also be highlighted. The first project focused on research concerning the quality and effectiveness of legal advice services for vulnerable groups in Hoa Binh. The research showed that at local level the quality of legal Page 67 of 146

68 aid was not good, and legal aid clubs were not active. In the second project, ten (10) out of the province s 210 communities were involved in a discussion on how to improve legal aid. One thousand (1,000) guidebooks were produced to support them and the neighbouring communities. The community consultation groups were trained in resolving community problems on issues such as land law, domestic violence and conflicts among neighbours. The project was closely coordinated with the director of the legal aid centre (Ministry of Justice), who finds that it is a model for other communities in the province, since with only 27 persons they are not able to efficiently cover the entire jurisdiction. The model is now being expanded to other communities as well. In addition to the cases presented, 22 grantees have provided feedback directly to the ET through a questionnaire with information directly linked to outcome and impact. In a few cases the ET has been able to triangulate these responses, in order to confirm that the information presented reflected a fair picture of the actual situation. The results of the questionnaires have been used throughout this section Sustainability The evaluators assessed the financial and organisational sustainability at both project (JIFF grantees) and overall institutional levels. Regarding organisational and financial sustainability at project level, the time frame for the actions was quite short and the amounts assigned to each organisations either small or medium. In most cases, they can be considered an investment that allows the organisations to carry out additional activities linked to their mandate, without excessive financing (compared to their present budgets). However, the short time frame means that the investment made (in research, dialogue) may be less likely to be repeated. Notwithstanding, some of the organisations (especially the largest associations) will have funding available for a possible continuation of similar activities. The ET noted that many of the grantees stated that the time frame (6-12 months) was considered to be very short, taking into account the goal is to establish the necessary contacts and network, making sustainability more probable. The ET is in agreement with this assessment. In seven cases the support has consisted of capacity building, with the specific purpose of improving the ways in which the organisations carry out their work by strengthening their planning skills, knowledge management and so on, thus contributing to sustainability. In this sense, organisational sustainability is very much linked to both the legitimacy of the grantees in the work they do at beneficiary level and to their professional capacity to attend Page 68 of 146

69 to them and to communicate and relate with authorities (strategy in place, qualified and trained human resources, financial management, capacity to deliver service to target group, internal participation). One of the grantees has also carried out a pilot activity (legal counselling to prisoners or recently released former inmates) which satisfied an important need for the target group. The grantee (Vietnam Lawyers Association) will continue this work. In sum, while it cannot be guaranteed that many grantees will carry out activities with a similar size of financed grants in the future, the fact that the projects have been carried out has contributed new knowledge and contacts to these grantees. In some cases, the projects have also provided inspiration to local authorities, which may mean they are now sensitised to participate more directly. In fact, among the grantees who answered a questionnaire prepared by the ET, several stated that local authorities will support the continuation of activities. With respect to organisational and financial sustainability at overall institutional level it is clear that in the short run the national presence of a structure like JIFF can only continue if additional international funding is provided. Denmark and Sweden have decided to phase out their support to Vietnam. However, as mentioned elsewhere in this evaluation, a new Programme the EU JULE Programme that involves a replication and expansion of JIFF has already been approved by EC authorities (Decision of 5 December 2014) and the signature of a Financing Agreement with the GoV is currently under negotiation. In the long term, the ideal scenario would be that initiatives such as JIFF (and a possible successor) have as their strategic goal to establish a properly functioning national network or coalitions that could be an effective voice for NGOs in the justice sector. The JIFF Fund Manager already refers to the JIFF family, which indicates it is considered an informal space for sharing of experiences. In order for such a network to have a role, it will be necessary that the government have an interest in embarking on a dialogue with NGOs on judicial issues, i.e. that the government participates in forums with civil society. In addition, such a network would also have to relate to relevant forums organised and conducted by the government. Due to the specific Vietnamese context these are ideas that will need to mature gradually and cannot be rushed. Page 69 of 146

70 4 CONCLUSIONS In this chapter, the evaluators draw from the findings to set out conclusions about the performance of the JPP against the evaluation criteria, which can be of use for future programming. 4.1 Programme level The programme performed well against the evaluation criteria. It was relevant in that it addressed a clearly identified need and requirement for Vietnam to improve key aspects of its justice system. It was generally effective in that most anticipated key results areas were achieved, thus contributing to some extent to anticipated outcomes. It was efficient in the sense that funds were, in the main, used in accordance with plans and that it can be considered to have constituted good value for money. Programme management, though complex and resource-intensive, was of a high standard. The programme achieved significant elements of impact, and a degree of sustainability in some aspects. Some parts of the programme logical framework lacked rigour and precision. The anticipated outcomes were vague and open to interpretation, and the key results areas were not always clearly and explicitly linked to the outcomes. Some indicators were vague. The programme did not include sufficient opportunities for cross-fertilisation between components. This hampered its relevance and impact. Although some activities did involve representatives of all three components, these were essentially conferences under Component 1 where representatives of the VBF and Fund manager were present. In some cases, two components were undertaking activities in a similar domain for example MoJ on legal aid and NGOs on legal advice but there were no substantive attempts to create synergies. There was insufficient dialogue on substantial or strategic issues between the TA teams and the donors. The RTAT of Component 1 saw its role as focusing on meeting the needs of the Vietnamese institutions or organisations, and did not prioritise the provision of strategic advice to the donors. Donors expectations in relation to a strategic overview of the evolution of the judicial sector were not met in the narrative reports produced by the TA teams, because these focused on the steps taken to achieve the KRAs and because the strategic considerations these reports contained lacked detail. The programme management structure was unwieldy and overly demanding in terms of staff resources. The multiplicity of Steering Committees required a considerable workload, which stretched the resources of the institutions involved, whether on the Vietnamese side mainly the MoJ or on the side of the donors both the EU and Denmark. In the absence of coordinated financial management Page 70 of 146

71 among the three donors, they could only know whether expenditures were on track but could not easily obtain an aggregated overview of spending. The programme lacked a joint communication and visibility strategy. Each component developed a communication approach to its own stakeholders, including beneficiary institutions, but there was little attempt to make the programme as a whole known to the Vietnamese legislature, or the public in general. The programme lacked adequate monitoring and reporting mechanisms on the achievement of outcomes, and did not sufficiently address forward planning. The reporting mechanisms by TA teams to their respective Steering Committees and to donors focused on the achievement of key results areas, but did not substantially address the achievement of outcomes. Except for annual work plans approved by SCs but not always followed to the letter, reports did not include a forward planning element that would have allowed donors and SCs to know what activities were being planned in the short term. 4.2 Component level Component 1 Component 1 helped ensure that the personnel of the beneficiary institutions acquired new skills relevant to effective rule of law. The component was very relevant to the needs and priorities of the beneficiary institutions, and capacity building activities were of a high standard.. The RTAT managed its input into the component effectively and efficiently; the component achieved most planned results and laid the groundwork for some durable outcomes. The commitment and expertise of the RTAT were widely recognised by the beneficiary institutions. The component achieved significant results in relation to legislative amendments, sometimes improving substantially safeguards for human rights. The demand-led approach taken by the component was appropriate to ensure beneficiaries buy-in and commitment, but led to a broader scope of activities than was originally envisioned. While the exposure of many staff members and departments to the programme was a positive element, it was unclear whether all the activities undertaken had a direct bearing on the achievement of the programme s anticipated outcomes. Tighter prioritisation might have helped enhance the component s effectiveness. The component was effective, in the sense that KRAs were achieved to a substantial degree by all three institutions. Some KRAs will only be achieved in 2016 with the adoption of relevant legislation, but the groundwork concerning them has been carried out. Page 71 of 146

72 The capacity building activities undertaken by the component were widely praised. However, the lack of long-term planning made it difficult to ensure a predictable process of capacity building. The programme set-up implied that beneficiary institutions focus mainly on developing annual plans, which was not conducive to the development of longer-term activity plans. The capacity development plans and training needs assessments developed with RTAT support were not necessarily used to feed directly into programming. The RTAT developed a relationship of trust with the beneficiary institutions, but did not discourage a silo approach, treating each institution separately. This approach, to some extent, mirrored the relative lack of cross-fertilisation among the three components highlighted in the programme-level conclusions. A team made up of thematic experts working across the institutions, might have been more effective at encouraging enhanced cooperation among the institutions Component 2 The component effectively contributed to the improved representation of Vietnam s lawyers, by significantly enhancing the organisational development of the VBF. The VBF, though it had been established months before JPP started, was weak and did not possess effective structures and management systems; it also had no effective membership management system. The component has helped VBF develop a functioning secretariat and technical committees, as well as many other procedures, with the result that the organisation is now more representative. The period of TA support was too short to ensure that the VBF became solidly established. The CBA provided effective support to the VBF in many respects, but its support came to a somewhat premature end in view of the VBF s needs. In the event (mainly because of delays in the organisation of its Second National Congress, which also delayed implementation of earlier decisions), the VBF was unable to make full use of the financial support available to it through the JPP after the TA period ended in mid Although the last year of TA support involved the gradual transfer of responsibilities to the VBF Secretariat, the exit strategy should have involved a more gradual reduction of JPP support over a longer period of time. The VBF continues to be weak in terms of services rendered to its membership, internal communication, and leadership accountability. Though membership of the VBF is nominally mandatory for lawyers, the VBF has yet to develop a range of services to its membership. These could include information about new legislation, the publication of judgements, the functioning of legal aid, etc. Similarly, the VBF has yet to develop effective internal communication mechanisms that are able to reach all its members to inform them about organisational changes, internal policies and guidelines. The same internal communication mechanisms could also help ensure that the elected VBF leadership is able to inform members regularly about its activities. Page 72 of 146

73 The component s support was innovative in that it ensured that the organisation of the VBF is established along lines consistent with international practices, and in that it prioritised the establishment and monitoring of ethical standards for lawyers. While local Bar Associations have long been established in Vietnam, a national-level body was relatively new at the time the JPP started. The TA support helped ensure that the VBF adopted a structure comparable to international counterpart, thus potentially facilitating future international contacts. The Code of Ethics adopted by the VBF constitutes an example of good practice, which could be replicated (with the necessary adaptations to professions other than that of lawyer) in other professional associations in Vietnam, or in other parts of the judicial sector (for example among providers of legal aid or advice). The VBF is not yet in a position of institutional and financial stability, and needs continued support. Partly because its membership fee is relatively low (and not paid by all lawyers), and partly because its internal structures are new, the VBF remains institutionally weak. A degree of support by international counterparts (for example in the form of coaching or mentoring for its technical committees and secretariat staff) would be advisable, even though the permanent presence of a TA is no longer necessary. In addition to organisational capacity building, the VBF also needs further support to develop its capacity to provide training to lawyers: this is likely to be a long-term task, which it should engage in gradually. The component lacked an explicit strategy aimed at limiting the VBF s dependency on external funding. The programme helped the VBF strengthen its organisational capacity in several ways, but did not fully address the issue of financial sustainability, including fundraising a skill that remains, however, necessary for the VBF to acquire and enhance for the foreseeable future, because its internal resources such as membership fees paid by lawyers, remain insufficient to cover needs Component 3 The component effectively contributed to enhancing the capacity of NGOs to give legal advice and raise awareness of human rights among vulnerable people in Vietnam. The innovative grant scheme helped disseminate an understanding of the legal system among local communities, and supported, including through research, the development of local dialogues or debates on matters pertinent to judicial reform. The Fund manager managed the component effectively and efficiently; its support to community organisations helped broaden the reach of the programme. In particular, the excellent support given by the Secretariat to NGOs in the development of project proposals, and the on-going monitoring of their activities, has clearly contributed to the overall effectiveness of the portfolio of projects. The Page 73 of 146

74 structure of the component, with an independent grants committee making funding decisions, was also appropriate. The component had limited engagement with national-level institutions and with the legal profession. Engagement with state authorities was mostly limited to the local level district, municipality or below. At that local level, engagement was often extensive, with local officials and civil servants attending activities and interacting with project beneficiaries. This brought clear benefits to citizens in a number of instances. However the NGOs engagement with the government at national level on matters pertaining to judicial reform was weak. This was probably due in part to the facts that few of the beneficiary NGOs had a nationwide record of action, and that there are few opportunities for NGOs to engage with the government at national level. Thematic platforms of informal, thematic information-sharing groups could enhance the visibility of NGOs at national level. In addition to NGO capacity, another factor for the lack of national-level dialogue with the authorities was the absence of processes whereby NGOs could exchange information and experiences and draw common lessons learned from their projects, which could be of interest to policy-makers. NGOs should be encouraged to develop approaches whereby they could share information among themselves, with a view to entering into a dialogue with the relevant government institutions on matters linked to judicial reform. Page 74 of 146

75 5 RECOMMENDATIONS On the basis of the findings and conclusions set out in the previous chapters, the evaluators are formulating the following recommendations, addressed to donors and to the relevant Vietnamese institutions. 5.1 To the EU and other donors The EU and other donors should continue to support the development of the judicial sector in Vietnam. This should include in particular multi-year programmes aiming at building the capacity of the MoJ, SPC and SPP to initiate and implement reforms that are in line with the international human rights treaties to which Vietnam is a party, and with other human rights standards, including in relation to socioeconomic and labour rights. The EU and other donors should continue to support grant schemes that help civil society organisations in Vietnam to provide support to citizens in relation to human rights, and to contribute to judicial reform. The JIFF has been innovative and effective, and it constitutes an example of good practice which should be replicated in Vietnam (and in other countries). The EU and other donors should consider providing the VBF with targeted project support. Though it has gained in institutional capacity, the VBF is not yet solidly established and is in need of further support to ensure it maintains a transparent, accountable and effective leadership, as well as appropriate internal communication systems. It should also continue to receive advice on management, with a view to achieving a higher degree of autonomy. Lessons learnt from the JPP should be incorporated in future EU-supported programmes in the justice sector. In particular: o Programmes logical framework should be drafted with rigorous terminology, clear intervention logic and appropriate indicators of performance. In particular, the intervention logic should be clearly linked to a detailed analysis of the political, social and economic context of judicial reform, and focus on enhancing the protection and promotion of human rights in accordance with international standards. o Programmes should take a holistic approach, promoting cooperation and cross-learning amongst beneficiary organisations, with a view to broadening the dialogue about judicial reform to stakeholders that include NGOs, as well as lawyers. While cooperation and cross-fertilisation does not need to be systematic, it is important that they should be promoted to the greatest possible extent. Page 75 of 146

76 o Programmes monitoring should be a priority. Management mechanisms should ensure that activities are monitored in a timely manner, and that reporting to donors should consider all aspects of the intervention logic, beyond the activities and short-term results. The programme managers should be able to furnish donors with forward planning information on a regular basis. o Programme contractors should be encouraged to contribute strategic insights to the EU s political dialogue with Vietnam. While meeting the needs of Vietnamese beneficiaries, the EU should make use of the expertise and practical experience acquired by programmes contractors to feed into its political and human rights dialogues with the authorities. This may involve, for example, regular reporting by programme implementers to EUD advisors, or attendance by EUD representatives to seminars on relevant topics. A monitoring facilitator to support both partners and donors may be part of a future Programme contractor team. o Contractors should be required, as part of their progress reports, to address any changes in the broader context in Vietnam which may affect the intervention logic or the achievement of outcomes and objectives. Such analytical and consolidated progress reports should sum up achievements, analyse contextual developments and assess the possible impact of draft laws and regulations, especially with regards to moving towards international standards in the administration of justice. o Programmes should have an explicit public awareness strategy, aimed at ensuring the dissemination of knowledge about judicial reform, human rights and access to justice. The strategy should identify specific target groups and define messages for dissemination, including for example advice on the support available to citizens wishing to use the judicial system. In relation to the NGO grant mechanism of the upcoming EU JULE, the EU should consider the following recommendations when framing the contractual arrangement for the implementer: o Longer duration of projects. While some grantees have been able to document outcomes, this was difficult for projects of only 10- to 12-months duration. o MoJ administrative concerns should be addressed. The MoJ has expressed concern that it needs adequate information to report to the Ministry of Finance. The Fund Manager should be given sufficient staff resources to provide adequate details to the MoJ. o NGOs should be encouraged to establishing thematic informationsharing arrangements at national level. Thematic groups may be helpful in gaining knowledge and engaging in dialogue on judicial reform with the authorities at national level, broadening the existing dialogue at local level. o Targeted thematic calls. While the call for proposals mechanism for four key results area has worked well, it may be supplemented with targeted, thematic Page 76 of 146

77 o o o call-for-proposals on issues such as violence against women, disabled people and other vulnerable groups, in order to create a more coherent impact and ensure better possibilities for networking, accumulation of experience and documentation of results. Outreach to new, innovative NGOs, especially in geographical areas where few JIFF projects were carried out. The EU should consider setting aside a proportion of the available grant funds to be provided to new NGOs. This approach could build on the Southern NGO Development Programme developed by JIFF. Prioritisation of input to national policies as a specific grant activity: Several grantees have indicated the desire to contribute with inputs at policy level. If organised through networks of specific thematic group, there may be a stronger possibility for engaging with the government, since the latter can then meet with several stakeholders at the same time. Prioritise spot-check monitoring and outcome assessment. Emphasis may be placed on selecting a few grantees for monitoring, including at beneficiary level, in order to better assess outcome and quality, for example of legal advice. The evaluation team also agrees with most of the recommendations presented in JIFF s Completion Report, but would like to highlight two of those and recommend they should be addressed in the next programme: Capacity-building. Support for strategy development, project and financial management and technical skills should continue to be provided. Defining the role of NGOs regarding legal advice. Consideration should be given to initiating activities that support qualified NGOs as they work to provide or facilitate legal representation for vulnerable people in cases of mediation and in other formal settings. This may be undertaken through approved pilot projects. 5.2 To Vietnamese institutions The MoJ, SPC and SPP should reduce the number of areas of work in which they seek assistance from future cooperation programmes. The focus should be on aspects of judicial reform that help bring Vietnam more into line with international standards and with the need for improved access to justice on the part of vulnerable citizens. The MoJ, SPC and SPP should develop rolling work and training plans over at least 12 months. Both the TA (assumes TA) and the officials of the beneficiary institutions would benefit from an ability to plan ahead. Rolling 12-months plans for capacity building and training activities would help ensure that international experts Page 77 of 146

78 are identified in a timely manner and that staff wishing to take part in activities such as seminars or training sessions can do so more predictably. Such rolling plans may remain partly tentative, but they would be a useful indication to all stakeholders of institutional requirements. The VBF should reinforce internal communication mechanisms. The VBF has suffered from weak communication processes, hampering the awareness of its role among lawyers at local level. Communication mechanisms would be helpful to disseminate information about VBF activities, as well as other information of use to legal professionals: details of new or draft legislation, opportunities for training, etc. The VBF should, based on existing plans, prepare a medium- to long-term organisational development plan. In view of the continuing need for the VBF to obtain international assistance and financial support, a multi-year development plan would help the organisation define its own priorities and design projects and programmes that could be funded by the EU JULE programme (civil society mechanism) or other donors. Page 78 of 146

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90 Annex 2 Evaluation methodology Final external evaluation of the Justice Partnership Programme (JPP) Request for services No. 2015/356274/1 Methodology and Work Plan 30 March 2015 This document provides an initial overview of the methodology and work plan that the evaluators plan to follow. It is based on the evaluation Terms of Reference (ToR) and the documentation received to date (30 March 2015). It is expected that this document be reviewed during or shortly after the kick-off meeting on 1 April with representatives of the EU Delegation and Danish Embassy. 1. Methodology applied for the evaluation. The TOR for the study clearly establish the outputs and scope of work, including the preliminary organisation. These elements lay the groundwork for the work plan. The team proposes to follow the phases presented in section 4 in the ToR on location and duration and will address the core issues outlined in section 2, Description of the assignment and especially scope of work. Key tools and methods for data collection used in the assessment are i) document review ii) interviews iii) focus groups as well as participation in conference (April 3) and iv) limited observations from JPP interventions (e.g. JIFF supported projects). Tools ii) and iii) will be used for obtaining information from secretariat staff and key stakeholders for the three components, other donors, key informants and beneficiaries. If possible, self-assessments (i.e. brief questionnaires on status for key results ) should be used when collecting information from partners. Key stakeholders at partner management level According to the information provided, the partner management level has two layers: a steering committee and a technical one, including both secretariat staff and technical assistance. The Evaluation Team hopes to be updated as soon as possible whether the following structure is still in place: Steering Committees (Partnership Committee, Ministry of Justice Steering Committee, Supreme People s Court Steering Committee and Supreme People s Procuracy Steering Committee TA Team for Component I Three project Management Units for MoJ, SPC and SPP (all in component I) Project Secretariat for Vietnam Bar Federation (VBF) component (component II) and Long- Term Advisor Project Secretariat for Justice Initiatives Facilitation Fund JIFF (component III) According to the Programme Document, Steering Committees have also been established for components II and III, as well as a Grant Committee for JIFF. Interviews will be semi-structured in dialogue-based sessions. Also, focal group meetings may be used. The overall core issues (see table below) are guiding the assessment, and as such will all be Page 90 of 146

91 addressed. Feedback and validation sessions presenting emerging findings will be used as appropriate at the end of each of the two visits to Vietnam. Field visit From the information available to date, it appears that many of the stakeholders whom the evaluators should meet are based in Hanoi. However, some are based in other locations. It is therefore proposed to conduct one visit outside of Hanoi, possibly to Ho Chi Minh City or another major town. This will make it possible to include specific information from a couple of cases from component III (JIFF), and at the same time will interview stakeholders from components I and II (e.g. provincial/district authorities representing the judicial system in order to assess changes; local members of the Vietnam Bar Federation). Conversations with the TA from components II and III may indicate which field visit could be the most appropriate. Stakeholder; Green=JPP stakeholders; Yellow=beneficiaries; Red=others, key informants Donors (EU, Denmark/Sweden). If possible, Central Judicial Reform Steering Committee (which is broader than JPP). Relevant EU staff for visibility products. Partners: MoJ, Supreme People s Court and Supreme People s Procuracy. Tools to be used for collection of information Interviews. Semi-structured guide. Document review. Interviews Interviews, document review. When At the beginning and end of each visit. During first staff. During first visit. Members from Steering Committees/Grant Committee for components II and III* Project Secretariat for VBF and Interviews & self-assessment During first visit. JIFF (coordinated with members of the Steering Committees). Document review. Members of the three Steering Interviews. Document review. All main interviews will be Committees for component I* during second visit. Three PMUs for component I Interviews and self-assessment All main interviews will be (coordinated with members of during second visit. However, a Steering Committees). self-assessment questionnaire Document review. may be distributed during first visit to give time to reflections. TA team component I (British Interviews. Document review. During second visit. Council and RTAT) TA for component II (Canadian Interviews. Document review. During first visit Page 91 of 146

92 Bar Association). TA for component III (Coffey International Development) Interviews. Document review. During first visit. Organisations supported by Interviews During first visit JIFF: Grantees. Examples of end-beneficiaries Interviews (focus groups or During first visit. who have benefitted either with individuals) JIFF or from judicial reform. In order to get an idea of the variety of the JPP it is proposed to use the following criteria for selection: two cases/ visits which are considered i) a success with If possible, the team will visit citizens who have benefitted from JIFF projects. The same citizens may also be asked about general issues related with access to justice. good impact; ii) moderate impact. Other donors (e.g. UNDP Interviews. During first & second visit. (access to justice and on justice index), UNODC, UNICEF, USAID, Canada, JICA, France and Germany, Corea) Viet Nam Lawyers Association Researchers, other institutions or individuals who know about JPP Interviews. During first & second visit. * We say members since it may be unrealistic to interview the full Steering Committee. Assessment criteria: the evaluation will use the DAC criteria. Their definition and specific operationalization to this assignment is presented below: DAC criteria and definition Examples of operationalization for JPP evaluation Relevance: The extent to which the objectives of a development intervention are consistent with beneficiaries requirements, country needs, global priorities and partners and donors policies. Has the JPP objectives been consistent with the Justice Strategy 2020? Have the interventions been in line with priorities of the Supreme People s Court, Supreme People s Supremacy and Ministry of Justice? Are they consistent with the Vietnam Bar Federation priorities? And those priorities of the NGOs and beneficiaries? Lessons learnt on whether more consistency can be achieved? Efficiency: A measure of how economically resources/inputs (funds, expertise, time, etc.) are converted to results. Have costs per component and key results been as expected (i.e. comparing the outputs based budget with actual expenditure)? Has TA been used efficiently (i.e. update critical observations from EU ROM visit)? Have activities been carried out according to the time plan? Effectiveness: The extent to which the How far has each component come in reaching development intervention s objectives were objectives? To which extent do they contribute to Page 92 of 146

93 achieved, or are expected to be achieved, taking into account their relative importance. Outcome: The likely or achieved short-term and medium-term effects of an intervention s outputs. Impact: Positive and negative, primary and secondary long-term effects produced by a development intervention, directly or indirectly, intended or unintended. Sustainability: The continuation of benefits from a development intervention after major development assistance has been completed. The probability of continued long-term benefits. the overall objective? Have the envisaged results been achieved? What changes (in behavior, procedures, access to justice) have already taken place? Any evidence of structural changes taking place? Any indications of potential long-term changes taking place? Financial sustainability: Have sufficient budget been assigned by partners/others to the activities that are deemed relevant for continuation? Institutional/political: Is there a will to continue reforms and promotion of legal rights? 2. Overall work plan: phases applied Phase 1: Desk study The team has reviewed the documentation distributed, including context analysis, policy for justice reform and status, original programme document and reviews as well as progress reports (the progress reports from component I and II yet to be received). Questions will be formulated to each of the following stakeholders: donors, partners, key informants, civil society organisations and endbeneficiaries /citizens. While the team is responsible for setting up meetings, it is suggested to work in close relationship with the secretariat of each component so that all meetings are confirmed. In relation to JIFF, the general conference, with around 15 JIFF grantees, will contact beneficiaries. Phase 2: Field visit covering Components II and III This field visit will take place from April 1 to 16 inclusive. Focus will be on covering all stakeholders related to components II and III. The work plan will be as follows: When What Who 1 st April Morning Afternoon Arrival Kick-off meeting with the EUD and the Team Embassy of Denmark. Draft plan and methodology. 2 nd April the experts could meet Handing over self-assessment questionnaire Team the JIFF team and explanation of this. Agreement of deadline for filling out. Identifying which grantees to visit. 3 rd April Participation in the JIFF conference where around 15 JIFF grantees from all over the country would be present. Team Page 93 of 146

94 6 th April 10 th April Meetings with TA to VBF and members of Steering Committee VBF and related stakeholders 6 th April 10 th April Wrap-up meeting with JIFF after conference. Meeting with members of Steering Committee for JIFF Visits to JIFF grantees in Hanoi. 13 th -14 th Visit to Ho Chi Minh City or other major town Consolidation of findings. Final meetings. 15 th Debriefing with EU delegation and outline of second visit. 16 th Departure. Pierre Robert Finn Hansen Team Team Phase 3: Field visit covering Component I: end May first week of June. The exact dates for the second visit will be defined before the end of the first visit. Tentative dates may be May 25 to June 5. When What Who May 25 Briefing with EU draft of work plan. Team Meeting with TA /secretariat of component 1 May 26 Meeting with Team Members of steering committee of component 1 May 27 Supreme Court of Justice Team Supreme People s Supremacy and Ministry of Justice May 28 Field visit? Team May 29 Field visit? Team June 1 Follow-up meetings Team June 2 Follow-up meetings EU Team June 3 Preparation of workshop Team, June 4 Final workshop Team June 5 Incorporation of adjustments from workshop Team. Phase 4: Synthesis phase: Approximately June 8-12 The team will draft a final evaluation report including findings and conclusions as well as an overall assessment of the JPP, in accordance with point 5 (reporting). Likewise, visibility products (brochures etc. showing some of the cases where impact has been registered) will be prepared. Phase 5: Dissemination It will be important to set out the expectations related to this phase during the first field mission, so that the consultant in charge of visibility can be given advance notice of what is required. In particular, it should be clarified how dissemination activities should be conducted if they take place after the second mission, without team members coming to Vietnam again. Page 94 of 146

95 Annex 3 Logical frameworks Logical Framework of the Programme, indicating the latest used logical framework for Component 1 (version September 2014 source: RTAT). NB: the status indications in this table reflect the status as at September 2014, hence the differences with the KRAs as reviewed in the report. As can be seen, the indicators have been simplified and focused on outputs and a few outcomes and not on activities. The logfame has been provided by the RTAT of Component 1, who has supported the presentation of progress and results at overall programme level to the Partnership Committee of 2014 (not 2015). Supreme People s Court Purpose Key Results Indicators Status 2014 Judicial Revised Civil Procedure Civil Procedure Code assessment Completed outside JPP programme.) procedures improved to ensure they are consistent, democratic, transparent and respect human rights Code Drafted New Civil Procedure Code Implemented. report. Draft Civil Procedure Code submitted to National Assembly for final approval Legal guidance documents by 2013 Number of court cases in which defendant has legal representation Completed. The new Civil Procedure Code is implemented throughout the court system. New Law on Judicial Administrative Procedure Law Completed outside JPP programme. Procedures for assessment report. Administrative Cases Draft Law on Administrative Cases drafted. submitted to National Assembly for final approval. New Law on Judicial Completed. The Law on Procedures for Administrative Procedures is being Administrative implemented. Cases Legal guidance documents by 2014 implemented at all level of the court system Number of court cases in which defendant has legal representation Judgements of courts SPC adopts plan for publication of The SPC has developed a revised published and selected judgements by 2013, plan for publication of selected civil disseminated. which is inclusive of criteria and judgements in 2013 and is preparing timelines for the publication. for publications of selected decisions Page 95 of 146

96 Purpose Key Results Indicators Status 2014 Capacity of judges and support staff functions strengthened to meet the requirements of revised civil and administrative procedures and the reorganised court structure Actual publication of judgements started by 2013 Capacity needs assessment report by Capacity development plan by of the Judicial Council and Appellate Economic Courts in Capacity development plans for the entire court system are under development as per government instructions. A draft capacity plan was produced in 2012 and will continued be revised. A capacity needs assessment was completed in 2012 focusing on training activities receiving international funding. Training courses have been conducted mainly too improve case management and handling of case files. Supreme People s Procuracy Purpose Key Results Indicators Status April 2015 * Judicial Revised Criminal Criminal Procedure Code Sep 2014 procedures improved to ensure they are consistent, democratic, transparent and respect human rights Procedure Code drafted New Criminal Procedure Code implemented assessment report. Revised Criminal Procedure Code submitted to National Assembly for final approval. Legal guidance documents produced by Percentage of requests for prosecution achieved by SPP Substantial international input to the process of revising the Criminal Procedure Code. Not initiated; activity awaiting completion of KRA 1. within legal timeframes. Revised Law on Organisation of the Procuracy drafted Analysis of current law on prosecution structure. Revised Law on Organisation of SPP submitted to National Assembly for final approval. Substantial input to the process of revising the Law on Organisation of the Procuracy. The law is expected to be approved by the National Assembly in Review and potential The activity is completed. revision of the In April 2012 the Politburo prosecution function in Review document by adopted a decision line with JRS Plan for revision of maintaining the basic structure requirements prosecution function by and functions of the SPP, and the Law on Organisation of the People s Procuracies. Capacity of prosecutors Capacity needs assessment Capacity needs assessment and support staff report by 2012 report completed. Capacity Page 96 of 146

97 Purpose Key Results Indicators Status April 2015 * functions enhanced to meet the requirements of the revised Criminal Procedure Code, the revised Law of the Organisation of the Procuracy and a reformed prosecution function in line with JRS requirements Capacity development strategy by Percentage of requests for prosecution achieved by SPP within legal timeframes development plan to be completed in Completion of capacity development plan will coincide with upgrade of SPP training facilities through establishment of SPP Academy. SPP has achieved significant training activities and skills upgrades to procurators at all levels of the Procuracy. SPP focus area on enhancing the capacity of SPP to undertake criminological research with support of programme. Page 97 of 146

98 Ministry of Justice Key Results Indicators Status 2014 Judicial procedures improved to ensure they are consistent, democratic, transparent and respect human rights Revised Law on Lawyers drafted New Law on Lawyers implemented Review report. Draft new law submitted to National Assembly for final approval. Legal proceedings drafted and approved by No. of lawyers practicing licences issued. The activity is completed. The revised Law on Lawyers drafted and promulgated. Revised legal framework for improved operating conditions for lawyers achieved. Stakeholder consultations and collaboration with Vietnam Bar Federation achieved with impact on the legislative process. The MOJ has developed a plan to implement the amended Law on Lawyer and organized workshop involving relevant agencies to discuss matters needed to be solved in implementing this Law. Documents with detailed regulations and guidance on implementing this Law have been issued. Activities intended for implementing this Law, for removing difficulties, impediments in the implementation process of the Law will continue to be implemented in the coming time.. National Legal Aid tools The national legal aid strategies and regulatory strategies, and procedure framework have been surveyed and revised. The new guidelines and assessment regulations aim to improve services to beneficiaries procedures for report by through better quality and scope of services and to free public legal Revised improve access to justice of beneficiaries through aid updated and strategies, improved rights of legal aid providers in judicial and implemented guidelines, and administrative procedures. procedures endorsed by Socialized bailiff Bi-annual The pilot of private bailiffs has been implemented in (huissier de monitoring Ho Chi Minh City and evaluated for results. The pilot justice) system reports. is currently under expansion (expanded) to 12 documented and Review report. provinces. The evaluation of the pilot in HCMC has assessed through This is not an shown positive results for private bailiffs and their HCMC pilot. indicator, but ability to provide public services on a market basis. was written like The decision by the MoJ to expand the pilot shows that confidence in the sustainability of the project. Plans, The Ministry of Justice has developed assessment programmes, and needs surveys for a manual and electronic guidelines on the Needs report. criminal justice system in Vietnam. Strategies for legal framework Plans, establishment and implementation of the system have for the programmes been developed and various preparatory activities implementation of and guidelines. have been undertaken. The activity is on track for the Judicial Implementation completion in Records Law plan. developed and approved Page 98 of 146

99 Key Results Indicators Status 2014 Monitoring of the implementation of the Strategy for the Development of Lawyers Capacity of the National Legal Aid Agency and Provincial Legal Aid Centres strengthened including in the provision of awareness raising of legal rights and access to legal aid Capacity of the staff of the MoJ and legal advisors in ministries strengthened Needs report. Plans, programmes and guidelines. Implementation plan. Capacity assessment report. Capacity development strategy. Capacity assessment report. Capacity development strategy. The MOJ has developed the Master Plan to implement the Strategy to develop lawyer profession; carry out local inspections, workshops, dialogues to understand the implementation status so as to provide directions to continue the effective implementation of the agreed Strategy. This activity is currently on track and will be continuously implemented for final result until A capacity development plan for legal aid providers has been developed and is under implementation; training activities are pursued in accordance with capacity development plan and is providing improved capacity in legal aid services. The main outcome is the opening up new areas of focus and international cooperation in areas that have hitherto remained sensitive or closed to public dialogue. New areas of work include planning in the MoJ, human rights work by the MoJ, JPP conference on Legal Aid, and work on controlling malpractice in the judicial sector. Work on capacity development planning is an new focus area for MoJ. Other areas include programme management activities and strengthening MoJ functions in international cooperation. Work areas have strengthened MoJ capacity plan, execute and monitor international cooperation. Page 99 of 146

100 Below is an overview o the programme goal hierarchy, with indications of the implementing institutions, specific indicators, and means of verification. This is followed by detailed logframes for each institution. Source: JPP programme document, Objective, Purpose and Key Result Objectively Verifiable Indicator Means of Verification Overall Objective: A capable, ethical, democratic and rights-protecting justice sector developed People's access to transparent and participatory government and state services and institutions enhanced Quality of state civil servants performance enhanced Reform strategies improved in support of the poor* SEDP Progress reports Independent reports from donors and Non- Government Organizations Programme Purpose 1/ Component I: Justice sector state institutions strengthened in their efforts to implement judicial reforms Component Purpose 1: Judicial procedures improved to ensure they are consistent, democratic, transparent and respect human rights State institutions' effectiveness and efficiency in implementing JRS improved (no. of laws, policies and procedures drafted and implemented) Institutions and staff are more democratic, transparent and respect human rights 5 new laws and procedures linked to JRS drafted 5 new laws and procedures implemented Awareness on laws, legal aid and court judgements enhanced 30% CJRSC JRS implementation review meeting reports CJRSC annual conference proceedings JPP annual review reports Independent nongovernment organisation reports National Assembly records JPP annual review reports 2013 awareness survey 1.1. Revised Criminal Procedure Code drafted SPP Draft Criminal Procedure Code submitted to the National Assembly for final approval National Assembly Records Legal guidance documents and regulations drafted by 2013 and 1.2. New Criminal Procedure Code implemented SPP implemented by 2014 Increase in public awareness of Criminal Procedure Code Enhanced by 30% by 2013 (this indicator was deleted as a result Documents produced JPP progress report Legal awareness survey 2013 of the Results Oriented Monitoring Mission undertaken in 2012 by EU 1.3. National strategies, guidelines Legal aid tools assessment report by and procedures for free public legal MoJ 2011 JPP progress report aid updated and implemented Legal aid tools revised by 2012 Page 100 of 146

101 Objective, Purpose and Key Result Objectively Verifiable Indicator Means of Verification 1.4. Revised Law on Lawyers drafted MoJ Draft Law on Lawyers submitted to the National Assembly for final approval National Assembly Records Legal guidance documents and regulations drafted by 2012 and implemented by 2013 Documents produced 1.5. New Law on Lawyers implemented MoJ Increase in public awareness of Law on Lawyers enhanced by 30% by 2013 (this JPP progress report Legal awareness survey indicator was deleted as a result of the 2013 Results Oriented Monitoring Mission undertaken in 2012 by EU 1.6. Revised Civil Procedure Code drafted SPC Draft Civil Procedure Code submitted to the National Assembly for final approval National Assembly Records Legal guidance documents and regulations drafted by 2012 and 1.7. New Civil Procedure Code implemented SPC implemented by 2013 Increase in public awareness of Civil Procedure Code Enhanced by 30% by (this indicator was deleted as a result of the Results Oriented Documents produced JPP progress report Legal awareness survey 2013 Monitoring Mission undertaken in 2012 by EU 1.8. New Law on Judicial Draft Law on Judicial Procedures for Procedures for Administrative SPC Administrative Cases submitted to the National Assembly Records Cases drafted National Assembly for final approval Legal guidance documents and regulations drafted by 2013 and 1.9. New Law on Judicial Procedures for Administrative Cases implemented SPC implemented by 2014 Public awareness of Law on Judicial Procedures for Administrative Cases enhanced by 30% by 2014 (this indicator was deleted as a result Documents produced JPP progress report Legal awareness survey 2013 of the Results Oriented Monitoring Mission undertaken in 2012 by EU JPP progress report Court judgements published and disseminated SPC Court judgement publication strategy drafted by 2011 Publication media (identified in strategy) Legal awareness survey 2013 Page 101 of 146

102 Objective, Purpose and Key Result Objectively Verifiable Indicator Means of Verification Component Purpose 2: Judicial organs and judicial support institutions reorganised and strengthened Plans prepared for the reorganisation of judicial organs and introduction of new judicial functions JPP progress reports JPP annual review 2.1. Socialized bailiff system 6 biannual monitoring reports submitted to Monitoring reports documented and assessed through MoJ MoJ JPP progress report HCMC pilot Final pilot review report drafted by 2013 Final pilot review report Draft Law on Organization of Prosecution 2.2. Revised Law on Organization of the Procuracy drafted SPP submitted to the National Assembly for final approval, Internal plan for reorganisation drafted by National Assembly Records Reorganisation plan JPP progress report Review and potential revision of the prosecution function in line with JRS requirements SPP Prosecution function review report drafted by 2011 Plan for revision of prosecution function drafted by 2012 Review report, Plan for prosecution JPP progress report 2.4 Plans, programme, guidelines on the legal framework for the implementation of the Judicial Records Law developed and MoJ Plan, programmes, guidelines and approved by 2010 JPP progress reports approved Component Purpose 3: Capacity of judicial staff, support staff, lawyers, legal aid providers, and other categories of justice sector professionals and actors strengthened Staff are effective in implementing new laws, procedures and organisational restructuring JPP progress reports JPP annual review 3.1. Capacity of prosecutors and Capacity assessment report drafted by support staff functions enhanced to 2010 meet the requirements of the Capacity development plan for central and JPP progress report revised Criminal Procedure Code, the revised Law of the SPP regional levels drafted with special provision for gender balance by 2010 Capacity development plan TBD after drafting of capacity Organisation of the Procuracy and Implementation indicators TBD in development plan a reformed prosecution function in accordance with capacity development line with JRS requirements plan 3.2. Capacity of the National Legal Capacity assessment report drafted by Aid Agency and Provincial Legal 2010 JPP progress report Aid Centres strengthened including in the provision of awareness MoJ Capacity development plan for central and regional levels drafted with special Capacity development plan TBD after drafting of capacity raising of legal rights and access to provision for gender balance by 2010 development plan legal aid Implementation indicators TBD in Page 102 of 146

103 Objective, Purpose and Key Result Objectively Verifiable Indicator Means of Verification accordance with capacity development plan 3.3. Monitoring of the implementation of the Strategy for the Development of Lawyers MoJ Monitoring system report drafted by 2011 Half-yearly monitoring reports submitted to National Assembly JPP progress report National Assembly Records Capacity assessment report drafted by 3.4. Capacity of judges and 2010 support staff functions Capacity development plan for central and JPP progress report strengthened to meet the requirements of revised civil and SPC regional levels drafted with special provision for gender balance by 2010 Capacity development plan TBD after drafting of capacity administrative procedures and the Implementation indicators TBD in development plan re-organised court structure accordance with capacity development plan Programme Purpose 2/ Component II: Empowerment of a self-managing Vietnam Bar Federation and lawyers supported VBF established and operational by 2011 VBF actively contributes to policy dialogue on issues pertaining to lawyers and laws (no. of laws, policies and procedures commented on by the VBF) by 2012 Capacity of lawyers enhanced (no. of lawyers trained) JPP Progress Reports JPP annual reviews VBF meeting minutes and publications Normative framework (procedures, 1. Normative framework for the establishment, management and operation of VBF completed VBF management structure, budget) approved by 2010 Physical and human resources in place by 2011 (at least 30% women employees by Normative framework documents JPP progress report 2013) Code of Ethics, norms and standards of 2. Regulatory instruments and process of the VBF in place VBF practice adopted or submitted for approval by 2010 Regulatory function committees in place Regulatory documents JPP progress report by VBF active as articulator of No. of laws and policies with written professional common interests and VBF commentary from VBF reached 25 by JPP progress report views 2014 Page 103 of 146

104 Objective, Purpose and Key Result Objectively Verifiable Indicator Means of Verification Curriculum developed by Preparatory and continuing professional training delivered VBF Training courses established by lawyers trained per year from Curriculum and training plans JPP progress report 2014 (gender balanced) Programme Purpose 3/ Component III: Capacity of Non-Government Organizations to contribute to awareness of rights, access to justice and judicial reforms enhanced Access to services in the judicial sector enhanced (no. of service providers and quantity of services provided) Awareness and dialogue of judicial sector involving Non-Government Organizations enhanced (no. of meetings, seminars, publications) JPP progress reports JPP annual reviews Awareness of legal rights enhanced by 1. Popular awareness of the rights and opportunities the law and justice system provide enhanced JIFF 30% (40% increase for women and marginalised groups) by 2013 (this indicator was deleted as a result of the Results Oriented Monitoring Legal awareness survey 2013 Mission undertaken in 2012 by EU) No. of non-government legal aid service providers increased by 25% by 2014 Coverage of non-government legal aid 2. Access to independent legal advice and aid improved JIFF provision enhanced in areas with limited access to legal services by 20% by 2014 JPP progress reports JPP annual reviews Legal aid is provided to women, indigenous communities and marginalised groups 3. Understanding of judicial reforms enhanced through research JIFF 25 publications published focusing on JRS issues by 2014 (at least 8 articles relate to gender aspects of JRS) Publications JPP progress report 4. Dialogue and information 40 meetings held at central and local level sharing on matters relevant to JIFF for sharing information and dialogue on JPP progress report judicial reforms enhanced judicial reforms by 2014 *Indicators taken from SEDP Page 104 of 146

105 Institutional Log frames (source: JPP programme document, 2009) NB: The logframe activities listed below were indicative. The annual work plans and budget processes have led to agreements on activity plans based on the orientations set with Partnership Committee agreement, consistent with the overall framework of programme purposes and key results areas. The figures in the right-hand column are indicative budget allocations, in million euros. Institution: Supreme People s Court Purpose Key Result Indicative Activities OVI Means of Verification Budget M. EUR Judicial 1. Revised Civil 1.1 Assess and Civil Procedure Progress report 0.1 procedures Procedure Code summarize lessons Code assessment improved to Drafted learned from report ensure they implementation of current are consistent, Civil Procedure Code democratic, transparent and respect human rights 1.2 Draft revised Civil Procedure Code and submit to National Assembly Draft Civil Procedure Code submitted to National Assembly for final approval NA records 2. New Civil 2.1 Draft and implement Legal guidance Progress report 0.2 Procedure Code legal guidance documents documents by 2013 Implemented for the revised Civil Procedure Code 2.2 Enhance public 30% of public have 2013 awareness awareness of revised increased survey code awareness of new code by 2013 (this indicator was deleted as a result of the Results Oriented Monitoring Mission undertaken in 2012 by EU 3. New Law on 3.1 Assess and Administrative Progress report 0.1 Judicial Procedures summarize lessons Procedure Law for Administrative learned from assessment report Cases drafted implementation of current administrative procedure law Page 105 of 146

106 Purpose Key Result Indicative Activities OVI Means of Verification Budget M. EUR 3.2 Draft Law on Judicial Draft Law on Judicial NA records Procedures for Procedures for Administrative Cases and Administrative submit to National Cases submitted to Assembly National Assembly for final approval 4. New Law on 4.1 Draft and implement Legal guidance Progress report 0.2 Judicial Procedures legal guidance documents documents by 2014 for Administrative for the new Law on Cases implemented Judicial Procedures for Administrative Cases 4.2 Enhance public 30% of public have 2013 awareness awareness of revised law increased survey awareness of new law by Judgements of 5.1 Assess opportunities Civil judgement Progress report 0.1 courts published and and develop strategy for publication strategy disseminated the publication of court by 2011 judgements 5.2 Implement publication 75% increase in Media for strategy publication of publication to be judgements by 2013 identified in strategy Capacity of 6. Capacity of judges 6.1 Assess needs for Capacity needs Progress report 0.3 judicial staff, and support staff capacity development of assessment report support staff, functions institution and staff by 2010 lawyers, legal strengthened to functions at national and aid providers, meet the regional level to meet and other requirements of requirements of the categories of revised civil and revised civil and justice sector administrative administrative procedures professionals procedures and the and actors re-organised court strengthened structure 6.2 Develop and implement strategy for capacity development based on assessment Capacity development strategy by 2010 Qualitative indicator to be developed based on strategy Capacity development strategy TBD Institution: Supreme People s Procuracy Page 106 of 146

107 Purpose Key Result Indicative Activities OVI Means of Verification Budget M. EUR Judicial 1. Revised Criminal 1.1 Assess and Criminal Procedure Criminal 0.1 procedures Procedure Code summarize needs for Code assessment Procedure improved to drafted changes in current report Code ensure they are Criminal Procedure Code assessment consistent, report democratic, transparent and respect human rights 1.2 Draft revised Criminal Procedure Code Revised Criminal Procedure Code submitted to National Assembly NA Records for final approval 2. New Criminal 2.1 Develop legal Legal guidance Legal guidance 0.3 Procedure Code guidance documents for documents Documents implemented implementing the Criminal produced by 2013 Procedure Code 2.2 Increase public 30% increase in 2013 awareness of revised public awareness of awareness Criminal Procedure Code revised Criminal survey and the role of the Procedure Code by Procuracy 2013 (this indicator was deleted as a result of the Results Oriented Monitoring Mission undertaken in 2012 by EU Judicial organs 3. Revised Law on 3.1 Analyze implications Analysis Progress report 0.2 and judicial Organization of the of court restructuring for support Procuracy drafted prosecution structure institutions reorganized and strengthened 3.2 Draft revised Law on Organization of SPP Revised Law on Organization of SPP submitted to NA Records National Assembly for final approval 3.3 Develop plan for re- Re-organisation plan Plan organising prosecution by 2012 structure taking into consideration revised procedures and systems 4. Review and 4.1 Review prosecution Review document by Review 0.3 potential revision of function 2011 document Page 107 of 146

108 Purpose Key Result Indicative Activities OVI Means of Verification Budget M. EUR the prosecution 4.2 If required: develop Plan for revision of Plan function in line with plan for revision of prosecution function JRS requirements prosecution function by 2012 Capacity of 5. Capacity of 5.1 Undertake capacity Capacity needs Progress report 0.5 judicial staff, prosecutors and needs assessment of assessment report support staff, support staff institution and staff by 2010 lawyers, legal functions enhanced functions of central and aid providers, to meet the regional level of the and other requirements of the Procuracy to meet categories of revised Criminal requirements of the justice sector Procedure Code, Criminal Procedure Code professionals the revised Law of and actors the Organisation of strengthened the Procuracy and a reformed prosecution function in line with JRS requirements 5.2 Design and implement capacity development strategy Capacity development strategy by 2010 Capacity development strategy Implementation TBD indicators to be developed in accordance with capacity development plan Page 108 of 146

109 Institution: Ministry of Justice Purpose Key Result Indicative Activities OVI Means of Verification Budget M. EUR Judicial 1. Revised Law on 1.1 Review of experience Review report Progress report 0.1 procedures Lawyers drafted on current Law on improved to Lawyers ensure they are consistent, democratic, transparent and respect human rights 1.2 Draft New Law on Lawyers Draft new law submitted to National Assembly for final approval NA record 2. New Law on 2.1 Draft and implement Legal proceedings Progress report 0.1 Lawyers Legal proceedings and drafted and implemented regulations related to approved by 2012 Law on Lawyers Utility OVI to be developed after law is drafted 2.2 Enhance awareness 30% increase in 2013 of new Law on Lawyers awareness on new awareness among the public law on lawyers and survey new legal framework for judicial support staff by National 3.1 Survey and assess Legal Aid tools and Progress report 0.1 strategies, utility and use of legal aid procedure guidelines and strategies, guidelines and assessment report procedures for free procedures and their use by 2011 public legal aid in promoting free public updated and legal aid implemented 3.2 Revise strategies, Revised strategies, Progress report guidelines and guidelines, and procedures identified for procedures endorsed revision in survey by 2013 Judicial organs 4. Socialized bailiff 4.1 Study implementation 6 biannual Progress report 0.3 and judicial (huissier de justice) of socialized bailiff monitoring reports support system documented system in HCMC institutions reorganized and strengthened and assessed through HCMC pilot 4.2 Undertake review and provide recommendations for future of socialized bailiff Review report Review report Page 109 of 146

110 Purpose Key Result Indicative Activities OVI Means of Verification Budget M. EUR 5. Plans, programmes, guidelines and on the legal framework for the implementation of the Judicial Records Law developed and approved system 5.1 Study the law and identify needs for and obtain additional guidance and instructions 5.2 Development plans, programmes and guidelines 5.3 Develop implementation plan Needs report Progress report 0.2 Plans, programmes, Progress report guidelines Implementation plan Progress report Capacity of 6. Monitoring of the 6.1 Develop monitoring Report describing Progress report 0.1 judicial staff, implementation of mechanism of monitoring system support staff, the Strategy for the implementation of lawyers, legal Development of Strategy for the aid providers, Lawyers Development of Lawyers and other categories of justice sector professionals and actors strengthened 6.2 Implement monitoring system and initiate Half-yearly reports to National Assembly Reports reporting to National Assembly 7. Capacity of the 7.1 Assess capacity Capacity Progress report 0.5 National Legal Aid needs of National Legal assessment report Agency and Aid Agency and Provincial Legal Aid Provincial Legal Aid Centres Centres strengthened including in the provision of awareness raising of legal rights and 7.2 Develop capacity development strategy aligned with legal aid law and JRS Capacity development strategy Capacity development strategy access to legal aid 7.3 Implement capacity To be developed TBD development strategy following Capacity development strategy Page 110 of 146

111 Institution: Vietnam Bar Federation Purpose Key Result Indicative Activities OVI Means of Verification Budget M. EUR Empowerment 1. Normative 1.1 Draft the normative Committee, Minutes of VBF 0.3 of a self- framework for the framework related to the managerial and Board managing establishment, structure, functioning and operational Vietnam Bar management and operations of VBF structure, ToR and Federation and operation of VBF policies approved by lawyers completed 2010 supported 1.2 Prepare and approve Budget approved Minutes of VBF budget (including setting (with fund allocation Board membership fees) secured from the State during the setup phase) by Identify, mobilize and Office space Annual Report deploy human and other identified and resources equipped. Human resources (volunteer and paid. A minimum of 30% women) recruited and operational by Regulatory 2.1 Draft and adopt or Code of Ethics, Minutes of VBF 0.3 instruments and submit Code of Ethics, norms and Board process of the VBF norms and standards of standards of practice in place practice adopted or submitted for approval by Set up committees Committee, ToRs Minutes of VBF and administrative units Approved by 2011 Board responsible for carrying out regulatory functions (admission, probation, surveillance, complaints and settlement, etc) 2.3 Organize networking Activities organized Annual Report and awareness activities by 2011 on professional values, ethics and standards of practice Page 111 of 146

112 Purpose Key Result Indicative Activities OVI Means of Verification Budget M. EUR 3. VBF active as 3.1 Set-up of a Policy monitoring, Annual Report 0.5 articulator of monitoring, research and research and professional analysis mechanism on analysis mechanism common interests legal issues and in place by 2012 and views legislation 3.2 Provide and publish 25 Written 1) File register research, analysis and commentary on of VBF positions on legal issues policies and laws by 2) Annual and legislation on behalf 2014 Report of the community of lawyers 4. Preparatory and 4.1 Development of 1) Curricula Annual Report 0.5 continuing curricula and training developed professional training courses for preparatory 2) Training course delivered and continuing plans developed by professional training Undertake planned 450 trainings held Annual plan training (gender balanced) annually in 2012, 2013, 2014 JIFF Purpose Key Result OVI Means of Verification Budget M. EUR Capacity of Non- 1. Popular awareness of the Awareness of legal rights enhanced Legal awareness 0.3 Government rights and opportunities the by 30% (40% increase for women survey 2013 Organizations to law and justice system and marginalised groups) by 2013 contribute to provide enhanced awareness of rights, access to justice and judicial reforms enhanced 2. Access to independent legal advice and aid improved 1) No. of non-government legal aid service providers increased by 25% by ) Coverage of non-government 1) JPP progress reports 2) JPP annual reviews 0.5 legal aid provision enhanced in areas with limited access to legal services by 20% by ) Legal aid is provided to women, indigenous communities and marginalised groups 3. Understanding of judicial 25 publications published focusing JPP Progress 0.4 reforms enhanced through on JRS issues by 2014 (at least 8 Report research articles relate to gender aspects of JRS) Page 112 of 146

113 Purpose Key Result OVI Means of Verification Budget M. EUR 4. Dialogue and information 40 meetings held at central and JPP Progress 0.3 sharing on matters relevant local level for sharing information Report to judicial reforms improved and dialogue on judicial reforms by 2014 Page 113 of 146

114 Annex 4 List of documents consulted Overall Programme and general context information (please include dates of the documents) Financing Agreement between the European Union and the Governamnet of Vietnam (for the Justice Partnership Programme), June Joint Financing Arrangement between the Government of Vietnam, the Government of Denmark and the Government of Sweden ((for the Justice Partnership Programme), September 2009 JPP Programme Document (including logical framework) JPP Inception Review JPP Legal Awareness Baseline Survey Report EU ROM report JPP Steering Committee Joint Mid Term Review Aide Memoire (RAM) and Process Action Plan (PAP) Judicial Reform Strategy (Government of Vietnam) Report on 8-years implementation of the Judicial Reform Strategy 2020 Policy documents/decrees. Justice Index Final Report Vietnam Country Report Economist Intelligence Unit For each component the following reports have been consulted JPP - Components annual reports, semi-annual reports JPP- Components annual work plans and budget Partners financial reports and audit reports For component 1 in particular Final report prepared by the BC- RTAT of Component I, first draft version, June Gillespie, John (2012): The Juridification of Cause Advocacy in Socialist Asia: Vietnam as a Case Study Gillespie, John (2012): Rethinking the role of judicial independence in socialist-transforming East Asia Joint Donor Report to the Vietnam Consultative Group Meeting Hanoi, December 3-4, 2009 Jacob Gammelgaard presentations: Judicial Reforms and International Experience in Vietnam (European Union Delegation, April 2013, PowerPoint) Ministry of Justice (Draft, 2015): Improving legal aid activities for the period with vision to 2030 (to be approved) Ministry of Justice, March 2014: REPORT On 2-year implementation of the Legal Aid Strategy to 2020, vision to 2030 Nicholson, Pip Associate Director (Vietnam), Director Comparative Legal Studies Program, Asian Law Centre, Melbourne Law School, Australia, 2012: Vietnam: Power and the Place of Courts in Vietnam Partnership Committee: Presentation by Jacob Gammelgaard on the Justice Partnership Programme, Results and Status 2013 (2013). Page 114 of 146

115 Resident Technical Assistance Team (2014): Brief note on the status of the drafting of the Legal Aid Reform Scheme (with vision to 2030) (additional brief notes are part of the 6- monthly progress reports) United Nations Office on Drugs and Crime (UNODC) and UN Women United Nations Entity for Gender Equality and the Empowerment of Women (2013): Assessment of the Situation of Women In the Criminal Justice System in Viet Nam Vietnam Lawyers Association: Law and Development, several issues from 2013, 2014 and 2015 (Articles including: Protection of Human Rights in Vietnam, Improving Law towards International Integration. To Improve development policies towards new waves of international integration. Enhancing judicial independence For component 2 in particular JPP-VBF performance assessment report Final report prepared by the CBA TAT of Component II, submitted 24 July Final report, Technical Review of component 2, 2013? Summary of Main Results achieved Inputs received directly from VBF (on budget, information on training, influence on laws) (incorporated directly in the report). Report on VBF implementation of Recommendations of VBF Technical Review and JPP Mid- Term Review For component 3 in particular JPP-JIFF Result-based survey report JIFF Summary Document (Steering Committee, Call for Proposals 1-7, criteria for assessment, composition of Grant Committee) JIFF Hand Book Justice Initiatives by Vietnamese Non-Government Organisations Page 115 of 146

116 Annex 5 List of people consulted Date Time Name of person/people Organization 1 14:00 Ms. Daniela Forte, Governance and Rule EU Delegation of Law Ms. Jana Brotankova, Finance and Contracts Officer Mr. Alejandro Montalban-Carrasco, Head of Cooperation Ms. Lone Bøge Jensen, Political Danish Embassy Counsellor Ms. Chu Thi Trung Hau, Programme Manager, Governance 2 9:00 Mr. Alan McCagh, Team Leader JIFF Ms. Nguyen Thi Bich Diep, Justice Initiative Adviser Ms. Hoang Thi Binh Nguyen (at JIFF Conference) 14:00 Ms. Daniela Forte EU Delegation 16:30 Ms. Hoang Thanh Le T&C consulting 3 8:00 Attendance at JIFF Final stakeholder Conference 14:00 JIFF stakeholders: evaluation workshop 6 9:30 Ms. Trinh Thi Le Tram HIV-AIDS Center 10:00 Ms. Lone Bøge Jensen Danish Embassy Ms. Chu Thi Trung Hau 13:30 Mr. Scott Ciment, Adviser UNDP 14:00 Mr. Ian Robinson, Deputy Director British Council Mr. Jacob Gammelgaard, Adviser RTAT, Component 1 Ms. Mette Jacobsgaard, Adviser 16:45 Luu Tien Dzung, Dang Thi Huyen VBF 7 10:00 Tran Van Thu SPC ICD 11:30 Ms. Le Nam Huong, Programme Officer UNDP 14:00 Le Tien SPP ICD 16:00 Jacob Gammelgaard, Adviser Component 1 16:00 Nguyen Dang Dzung JIFF Grants Committee Alan McCagh, Hoang Thi Binh Nguyen JIFF 13:30 Mr. Le Hong Hanh, journalist Law and Development 14:00 Mette Jacobsgaard RTAT Component 1 15:30 Trinh Le Nguyen Pan Nature Page 116 of 146

117 9 8:30- Various ADR Seminar 12 11:00 Ms. Hoang Phuong Thao, JIFF Grants Actionaid Committee member and Director of Action Aid 17:00 Mr. Nguyen Huu Huyen, Bac Quoc An, MoJ ICD, former director 19:00 Mr. Rajan Shah*, former Team Leader Former JIFF 22:00 Ms. Jennifer Khor*, former adviser Former VBF/ Canadian Bar Association 10 9:00 Nguyen Van Anh, director CSAGA 10:00 Mr. Juan Zaratiegui, political advisor EUD 11:00 Mr. Bryan Fornari, Deputy Head of EUD Cooperation 13:30 Ms. Nguyen Thi Lan Anh, Director ACDC 15:00 Khuong Thu Huong, Adviser (RTAT RTAT Component 1 Component 1) 13 9:00 Mr. Lars Adermalm, Team Leader PARAFF 9:00 To Van Hoa RTAT Component 1 14:00 Nguyen Hung Quang, Lawyer VBF 16:30 Mr. Hoang Ngoc Giao, grantee research PLD and informant 14 9:00 Mr. Dang Ngoc Luyen, Vice Chief of Editer The Vietnam Law Newspaper and Grants Committee Member 10:00 Benoît Briquet French Embassy 12:30 Mr. Ian Robinson British Council, Component 1 14:00 Dang Thi Huyen VBF 15:00 Madame Duong Thi Hien, Senior JIFF specialist, Vice Head of General Administration Office, The Central Steering Committee on Judicial Reforms, Grants Committee member 15 8:30 Mr. Noel Martinez, Programme Manager GIG-USAID (civil society) Madam Le Thi Kim Thanh, Vice President of Viet Nam Lawyer Association and Grant Committee Member Vietnam Lawyers Association 14:00 Group of ICD staff SPC 16:45 Mr. Dennis Curry, UNDP Vietnam UNDP Assistant Country Director and Head of Governance Unit 16 10:00 Debrief planning next mission EU Delegation 11:00 Mr. Franz Jessen, Head of Delegation EU Delegation 25 10:00 Hoang Thi Thuy Hoa (SPP ICD) HCMC 2:00 PhD, Ms. Minh Ly Ta Thi, Vietnam Judicial Hoa Binh Page 117 of 146

118 Support Association for the Poor (VIJUSAB) 3:00 HCMC Appellate Procuratorate HCMC Community group, Legal Aid Centre, BA, etc Hoa Binh Community members Mr. Luong Xuan Giang (Tag ethnic people) Tinh Village, Tu Ly Commune, Dai Bau District Mr. Ding Hong Quan, Muny ethnic group, same village, Fatherlands Front Hoa Binh Union of Science and Technology Associations Mr. Lawyer Dan Tiep Phuc, Vice-president Ms.Ha, Financial responsible Legal Aid Centre Thuong, Director, Hoa Binh Province 9:00 VBF Vice-President Nguyen Hai Nam HCMC 12:00 Provincial People s Procuracy HCMC 14:30 Bailiff Office, Ms Nguyen Thi Hanh HCMC Ambassador John Nielsen, Denmark Danish Embassy 14:00 RTAT Component 1 JPP Office 16:30 Daniela Forte, Jana Brotankova EUD 28 9:00 Ms. Nguyễn Thi Yến, Head of Department; SPP member of Committee for Advancement of Women of SPP Ms. Nguyễn Thị Hương, chief of Division Mr. Hoàng Anh Tuyên, Chief of Division Mr. Lê Tứ Quỳnh, Deputy head of department Ms. Vũ Thị Hải Yến, ICD Vice Director Ms. Hoàng Thị Thúy Hòa, ICD Chief of Division Mr. Nguyễn Hoành Đạt, ICD Vice chief of Division Ms. Ngô Thu Vân, ICD officer 9:00 MOJ MOJ Mr. Le Xuan Hong, Head of Department, General Department of civil judgements. Ms. Nguyen Thi Pha, staff member, Legal Aid Ms. Pham Thuy Linh, staff member, Department of Judicial Support Page 118 of 146

119 Ms. Tron Thu Huong, staff member, Personnel Department Mr. Dzung, Deputy Head of Department, Department of administrative and criminal law Ms. Tran Hai Yen, staff member, Department of civil and economic laws Mr. Nguyen Hong Hai, Deputy Director, Department of economic and civil legislation Ms. Than Thi My Ni, Staff member, Justice Partnership Programe. 14:00 Mr. Phạm Mạnh Hùng - Headmaster; Hanoi Procuracy University member of Drafting team of the Criminal Procedure Code Mr. Mai Đắc Biên, Dean of Criminal Law Divison Mr. Nguyễn Đức Hạnh, Dean of Science Management Division Mr. Nguyễn Xuân Hưởng, Dean of Criminology Research Division Ms. Lê Anh Xuân, lecturer Ms. Hoàng Hải Yến, lecturer 14:00 CJRSC Central Judicial Reform Steering Committee Trinh Xuan Toan,Standing member Dien Huong, staff member 29 11:00 Mr. Hoa, Technical Adviser, RTAT RTAT Component 1 11:00 Mr. Bach Quoc An, former director general MOJ ICD MoJ (until December 2014) 15:00 Lawyer Dr. Do Ngoc Thinh, Vice President VBF Vice-President VBF 1 2 9:00 Mr. Ngo Cuong, SPC Mrs. Tran Thi Thu Hien, SPC Justice, Deputy Head of Labour Court Mrs. Le Thi Sen, Ms Nhan, ICD JPP coordinator 9:00 Jacob Gammelgaard, RTAT Component 1 15:00 Franz Jessen, EU Head of Delegation EUD 15:00 Ms. Pham Thuy Linh, staff member, MoJ Judicial Support Department Page 119 of 146

120 3 14:00 Legal and Judicial Forum, Several organisations 11:00 Takeshi Matsumoto, Chief Advisor, JICA Prosecutor - Legal Expert of JICA Naoki Sakai, Judge, Legal Expert of JICA Masanori Tsukahara, Attorney-at-Law, Legal Expert of JICA 15:00 Mr. Huyen, Sub-Director, ICD, MoJ MoJ Debriefing meeting Held at Melia Hotel 14:00 Daniela Forte EUD Asterisk * denotes phone or Skype interview Finn Hansen met with Vanessa Vega, former Political Counsellor, Political and Governance, Embassy of Denmark: in Copenhagen April 21. LIST OF PARTICIPANTS Debriefing session on Final External Evaluation of the Justice Partnership Programme (JPP) Date: Friday 5 June 2015 Full name Position Agencies Mr. Bryan Fornari EU Delegation Ms. Jana Brotankova EU Delegation Ms. Daniela Forte EU Delegation Ms. Lone Jensen Embassy of Denmark Ms. Chu Thi Trung Hau Embassy of Denmark Ms. Eleonore Kanter Embassy of Sweden Mr. Nguyen Huu Huyen Project Director Ministry of Justice Ms. Hoang Chung Thuy Ministry of Justice Ms. Tran Thi My Ni Ministry of Justice Ms. Dang Thi Huyen Vietnam Bar Federation Mr. Le Tien Supreme People s Procuracy Ms. Hoang Thuy Hoa Supreme People s Procuracy Mr. Tran Van Thu Supreme People s Court Ms. Bui Thi Nhan Supreme People s Court Mr. Jacob Gammelgaard JPP TA Team Component 1 Ms. Mette Jacobsgaard JPP TA Team Component 1 Mr. Nguyen Van Hien JPP TA Team Component 1 Ms. Khuong Thi Thu Huong JPP TA Team Component 1 Page 120 of 146

121 Full name Position Agencies Mr. Ian Robinson British Council Vietnam Ms. Ruth Cocks British Council Mr. Jacques Carstens Justice Advisor, East Asia British Council Ms. Nguyen Thi Bich Diep JIFF Secretariat Mr. Scott Ciment UNDP Ms. Le Nam Huong UNDP Mr. Vu The Vinh Ministry of Public Security Mr. Bui Duc Manh Ministry of Public Security Page 121 of 146

122 Annex 7 Visibility and communication products To be submitted separately Page 122 of 146

123 Annex 8 Composition of the Evaluation Team Page 123 of 146

124 CURRICULUM VITAE Proposed position in the project Proposed by Category Team Leader IBF International Consulting 1. Family name ROBERT 2. First names Pierre 3. Date of birth 07/06/ Nationality (passport holder) French (resident in Germany) 5. Education INSTITUTION [DATE FROM - DATE TO] University Paris-I Sorbonne, Paris, France [ ] Institut National des Langues et Civilisations Orientales (INLCO), Sorbonne-Nouvelle University, Paris, France [ ] Maîtrise (MA) de Philosophie DEGREE(S) OR DIPLOMA(S) OBTAINED Maîtrise (MA) de Langue et Civilisation Chinoises 6. Language skills: Indicate competence on a scale of 1 to 5 (1 - excellent; 5 - basic) LANGUAGE READING SPEAKING WRITING French (Mother Tongue) English Chinese Hungarian German Membership of professional bodies: Since 2009, member of the UNICEF Roster of Gender Equality Specialists. 8. Present position: Since January 2001, independent consultant on human rights, governance, corporate social responsibility, conflict transformation and peace-building. Since September 2006, member of Lotus Group, an informal association of Monitoring and Evaluation consultants ( Former Research Fellow with the School of Oriental and African Studies, London ( ). 9. Years with the firm: 14 years 10. Key qualifications (relevant to the assignment) A graduate of the Sorbonne University and holder of two Masters Degrees, including minors in law and international relations, Pierre Robert has over 25 years experience as a human rights, access to justice and governance expert. Mr Robert has over 14 years experience of evaluation and extensive expertise on institutional development in the justice sector, and of capacity building of civil society organisations active in the governance field. Mr Robert has extensive work experience and expertise in the Asia-Pacific region. He is highly familiar with the institutional, political and social structure and context of Viet Nam. Mr Robert works in the field of human rights and access to justice since As a Researcher on East Asia (including China and Viet Nam) and subsequently Asia-Pacific Programme Manager with Amnesty International ( ), he has conducted research missions and written detailed reports concerning human rights in these countries. He therefore has a good knowledge of the government, power structure and management of legal issues and judicial reform in countries such as Viet Nam. Mr Robert is familiar with donor policies and programmes, including expertise in EU project cycle management. He has led evaluations on behalf of donors including the EU, Page 124 of 146

125 SIDA, SDC, DFID and UN agencies, in fields such as judicial reform, human rights protection and promotion, conflict resolution and institutional capacity-building. Mr Robert has led numerous multi-disciplinary teams on a large number of evaluations, identification and formulation missions. He has advised UN and bilateral development agencies, particularly in relation to the design or development assistance programmes in sensitive contexts in the Middle East, Asia and Africa, and to the design and implementation of monitoring and evaluation systems based on OECD standards. Mr Robert has considerable experience of writing well-argued, concise and effective reports and publications for a range of audiences including government, the media, business and the general public. He is an experienced and effective facilitator of meetings in multi-cultural contexts. As a former journalist and report editor, he has extensive expertise in researching a range of topics and presenting findings in clear and concise ways. Page 125 of 146

126 DATE LOCATION COMPANY POSITION DESCRIPTION /2014 Harare, Bulawayo, Mutare Swedish Embassy, Zimbabwe Evaluation team leader Evaluation of Sweden s project and core support to Transparency International Zimbabwe, the national chapter of the worldwide anti-corruption organization. Total programme budget was about US$2.5m), following SIDA evaluation guidelines /2014 Tel Aviv, Jerusalem, EU Delegation in Israel, Mr Sébastien Lorion Evaluator (expert on As part of a team of 3 consultants, evaluation of a portfolio of over 40 civil society projects funded since 2009 by the EU in Israel, organisation of thematic civil society seminars and provision of technical advice to civil 2. Nazareth (sebastien.lorion@eeas.europa.eu) human rights society project implementers. education and antidiscrimination) 07- Antananarivo European Centre for Electoral Evaluator Evaluation of a 2.1m, 2-year programme of support to civil society election observation and public awareness 3. 09/2014 Support (ECES), Eva Palmans (eva.palmans@eces.eu) activities, funded by the EU; focus on capacity building of local civil society. 05- Yangon EU Delegation in Myanmar Formulation Support to the formulation of two EU-funded programmes on governance ( 42m) and peace process ( 25m) in 4. 07/2014 (Silvia Facchinello, silvia.facchinello@eeas.europa.eu) team leader Myanmar, including components on access to justice and development of TORs for implementation of key subprogrammes / Djibouti, EuropeAid (EU Delegation in Evaluaton Evaluation of a 10m, 5-year Conflict Prevention, Management and Resolution programme, implemented Addis Ababa, Djibouti, Ms Corinne Deleu team leader through 3 African Regional Economic Communities: IGAD, EAC and COMESA. Nairobi, (corinne.deleu@eeas.europa.eu) Kampala 11/ Brussels, EuropeAid (Mogens Blom, Mid-term Mid-term evaluation of a 40-months, 2.7m programme of support to democracy in the Southern 02/ / /2010- present (5 8. missions/y ear) Rabat, mogens.blom@ec.europa.eu) evaluation Neighbourhood, implemented with EU funding by the Council of Europe. Priorities included access to justice, Strasbourg, team leader constitutional support and judicial reform. Tunis Berlin, Brighton, Abuja, Lagos Africa Multi country MacArthur Foundation (Chantell Team leader Evaluation of the MacArthur Foundation s US$25m programme of support for Human Rights and International Johnson, cjohnson@macfound.org) Justice projects in Nigeria, Programme included training for human rights defenders in northern Nigeria and in the Niger Delta, advocacy for judicial reform and capacity building for human rights organisations. United Nations Democracy Fund Senior (UNDEF) via Transtec, Eric evaluator, Tourres, Director team leader (etourres@transtec.be) Evaluation of UNDEF-funded projects focused on human rights defenders, media freedom, access to justice, conflict resolution and peace building. On-going contract. Combination of country-based project evaluations and cross-national thematic evaluations (eg, media projects). The Yemen evaluation (2014) was Europe-based, with a local Yemeni consultant, due to security conditions Berlin, International Rescue Centre for Evaluator Evaluation of a 3-year, 2.5m capacity building project for torture rehabilitation centres in 11 countries, Page 126 of 146

127 07/2013 Brussels, Colombo, Islamabad, Kampala Victims of Torture (IRCT, Leanne McMillan, funded by the EU (EuropeAid). Project supported activities implemented by member centres. 06- Berlin Federal Department of Foreign Evaluator Evaluation of a 3-year, CHF150,000/year grant to CIFEDHOP, a Geneva-based human rights education /2013 Affairs (FDFA), Berne, organisation providing training on UN mechanisms to human rights defenders. Switzerland (Sabrina Büchler, Sabrina.buchler@eda.admin.ch) 04- Berlin Transparency International Evaluator Evaluation of the European National Integrity Systems project, a 2-year, 2.1m pan-european research and /2013 Secretariat (Mariya Gorbanova, mgorbanova@transparency.org) advocacy project on corruption funded by the EU (DG Home Affairs). 03/ Berlin, Sub- EuropeAid (Patrice Lenormand) Regional Provision of support services to EU Delegations in Sub-Saharan Africa for the implementation of the EIDHR Country /2013 Saharan through IBF International Coordinator Based Support Scheme. Activities included training on project design and management for local NGOs; Africa, Serbia (leboulch@ibf.be) in 2012 and EPRD assessment of project proposals, and advice to EU Delegations on guidelines for calls for proposals. (s.loeckx@eprd.pl) in Brussels, EU DG Enlargement (George Team Leader Evaluation of a portfolio of 20 projects (total budget: 50m) since 2007 in the fields of Justice and Home Affairs /2012 Ankara, Holroyd) through IBF International in Turkey, supported by the EU under the Instrument for Pre-Accession Assistance. Istanbul, (leboulch@ibf.be) Dyarbakir 01- Berlin, Tbilisi EU Delegation in Tbilisi (Helga Senior Evaluation of a sample of ten projects (total budget 2.3m) funded by the EU as part of the European Instrument on /2012 Pender) through IBF International (leboulch@ibf.be) evaluator Democracy and Human Rights (EIDHR). Portfolio included projects in support of human rights defenders (journalists). 11/2011- Islamabad, Tripleline (Lisa Noakes, Team leader Evaluation of a 4m portfolio of 23 civil society human rights projects, , funded through the European /2012 Karachi, Lahore lisa@tripleline.com) on behalf of EU Delegation in Pakistan Initiative on Human Rights and Democracy / Kinshasa DFID Kinshasa (Sarah Spencer, Consultant Advice on the establishment of a monitoring and evaluation system for a US$25m civil society support scheme Social Development Advisor, sarahspencer@dfid.gov.uk) on governance, to be managed in DRC by Christian Aid. 10- Berlin, Berne, Federal Department of Foreign Evaluation Evaluation of the 3-year, CHF1.7m partnership between the FDFA and the Academy of Humanitarian Law and /2011 Geneva Affairs (FDFA), Berne, team leader Human Rights, a high-level think tank. Issues covered included law and armed conflict, business and human Switzerland, Mr Martin Roch rights, etc. (martin.roch@eda.admin.ch) / Berlin, EuropeAid (via IBF, Marion Le Team leader Evaluation of the Country-Based Support Scheme, a 70m/year EU funding programme for civil society, part of Page 127 of 146

128 2011 Belgrade, Boulch, task manager the European Instrument for Democracy and Human Rights in over 100 developing countries, aimed at fostering Brussels, human rights protection and democracy. The evaluation includes assessing complementarity with NSA/LA Bishkek, programming and other relevant EU instruments, including IPA and IfS where applicable. Jakarta, Tel Aviv, Khartoum, Kathmandu, Kiev, Kigali /2011 Berlin, Tunis African Development Bank Evaluation Office, Team Leader Development of a methodology and preliminary case study for an evaluation of the AfDB s assistance to Fragile States. Since Egypt & Major European oil firm, via C&F Senior advisor Advice to Company on human rights in the management of security. Training sessions on human rights and 11/2010- Nigeria Conseil, Philippe Chabasse, and trainer security for company managers and law enforcement officials. ongoing (2010); Director Pakistan (philippe.chabasse@wanadoo.fr) 20. (2011); Angola, Iraq (2012); Algeria, Indonesia (2013) / /2011 Brussels, Berlin, Addis EuropeAid, Brussels (lisa@tripleline.com) Senior Advisor and Facilitator Planning and facilitation of a seminar of African and European human rights organisations, contributing to the EU political dialogue with the African Union. Key themes include gender and other human rights. Ababa 09-11/ Paris, Media Consulting Group (Alain Evaluation team Evaluation of a 5-year, 2.5m human rights protection and advocacy programme implemented by the International Nairobi, Kinshasa, Modot, Director, am@mediacg.tv) leader Federation of Human Rights Leagues, with French Foreign Ministry support. Programme covered support to human rights defenders and post-conflict transitional justice. Cairo Rep. Congo, TOTAL E&P Headquarters, Paris Consultant and Design of a strategy to implement human rights commitments consistent with international standards, taking account present France, Jerome.servot@total.com lead trainer of company Code of Conduct. Design and delivery of a training package implemented in a range of countries where 23. (20-30 days/year) Indonesia, Myanmar, company is active. Nigeria, Uganda, Page 128 of 146

129 Yemen Kinshasa DFID, PricewaterhouseCoopers Senior Support to the management of a US$100m, 4-year police reform programme in the DRC. Focus on human rights Luc Moens, Dept Director consultant aspects and political risk analysis of the programme design. Responsible for external accountability to civil society. luc.moens@uk.pwc.com Berlin, Tbilisi European Commission Team leader Evaluation of the implementation of the European Instrument on Democracy and Human Rights (EIDHR) in Delegation Georgia since 2005, through a sample of 15 projects ranging from 100,000 to 1m euros, including projects on anticorruption Helga.pender@ec.europa.eu and children rights. Berlin UNICEF Assessor Contribution to a meta-evaluation of UNICEF evaluation reports since 2005, though assessment of a portfolio of 14 projects, covering issues such as the prevention of child labour / / / / / / / / / / / /2009 Kinshasa, Berlin DFID, PricewaterhouseCoopers Luc Moens, Dept Director luc.moens@uk.pwc.com Senior, Police Support Programme Kinshasa, OECD DAC Senior Paris Stephan Massing consultant stephan.massing@oecd.org Geneva, Rights and Democracy Evaluator Montreal Isabelle Johnson ijohnson@dd-rd.ca Berlin, Tbilisi EC, State Ministry for Technical Reintegration (Georgia) support team Maris van Ruiten, ECD Tbilisi leader maria.van-ruiten@ec.europa.eu London, DFID, PricewaterhouseCoopers Senior Kinshasa LLP consultant, Luc Moens project design luc.moens@uk.pwc.com London, Saferworld and DFID Evaluation Berlin,Pristina Henry Smith team leader Chisinau, HSmith@saferworld.org Nairobi, Juba New York, OCHA Metaevaluation Geneva, Scott Green, Head of Evaluation Berlin (green10@un.org) team leader Support to the management of a US$100m, 4-year police reform programme in the DRC. Focus on human rights aspects and political risk analysis of the programme design. Responsible for external accountability to civil society, and anti-corruption strategy. As part of the OECD s research on aid effectiveness, preparation and implementation of a DRC National Consultation on mainstreaming peace-building and state-building within development assistance programmes. Evaluation of the European Office of this Canadian organisation established by Act of Parliament. The office is particularly active in the framework of the recently established Universal Periodic Review of UN Member States implementation of their human rights obligations, and in capacity building for partner NGOs in developing countries. Leadership of a team of consultants providing capacity building training and technical advice to this Ministry on organisational development, conflict resolution and human rights issues, with a specific focus on gender and children s rights. Design of the Monitoring and Evaluation and input in the social development component of a 4-year, US$100m Security Sector Accountability and Police Reform Programme co-financed by DFID and implemented by a consortium led by PWC. Focus of contribution was accountability to civil society and design of an anti-corruption strategy. Impact evaluation of the last 5 years of DFID-supported activities (about 1m/year) by this conflict prevention and arms control NGO, and of its capacity-building activities with partner NGOs in target countries. Systematic review and analysis of a body of 45 past evaluations, with a view to drawing out information on implementation and follow-up. Page 129 of 146

130 / 2008 Sri Lanka European Commission Sarah Pallak, ECD Colombo Team leader Mid-term evaluation of a portfolio of EIDHR conflict management and human rights projects in areas affected by politically-motivated violence. Portfolio included projects on the promotion and protection of children. sarah.pallak@ec.europa.eu / 2008 London, Kinshasa, DFID DRC Jo Abbot, Governance Advisor Deputy Team leader Evaluation of the UK s development department s country programmes in the DRC since 2002, with a cumulative budget of 200m. This included support for UNICEF in the rehabilitation of former child soldiers. Goma j-abbot@dfid.gov.uk / 2008 London, New York UN Development Programme Asmita Naik Asmita99@yahoo.co.uk Team leader Study on the use of human rights-based approaches to programming domestic policy-making and implementation in OECD countries / The Hague, EIDHR evaluation on support to Team leader Evaluation of EIDHR-funded EC support to NGOs working on the ICC since 2000, and of projects run by the London, New York, Bahrain, the International Criminal Court Helena Lagerlof helena.lagerlof@ec.europa.eu ICC with EC funding. This study includes visits to European NGOs, UN institutions, ICC situation countries and to the ICC in The Hague. Uganda 03-04/ London, Water, Sanitation and Hygiene Team leader Development of a human rights-based advocacy policy in emergencies for this grouping of humanitarian civil Geneva, Amman (WASH) Cluster (Inter-Agency Standing Committee) society organisations coordinated by UNICEF. Facilitation of a CSO conference on the right to water in Amman, Jordan. Julie Aubriot jau@actioncontrelafaim.org / /2008 Brussels, Kathmandu European Commission Chris Touwaide, Identification mission team Development of a 24m, 3-year programme of action on Peace Building and Stability, aimed at supporting the peace process in Nepal. Fields of work include support to ex-combatants, survivors of conflict-related violence, christian.touwaide@ec.europa.eu leader capacity building for civil society, as well as institutional development / /2007 London School of Oriental and African Studies (Stephen Hopgood, Research Associate Lectures on human rights, development, international human rights protection mechanisms, for students of an MA degree in Diplomacy. sh18@soas.ac.uk) London DFID, Triple Line Consulting. Lydia Richardson Lydia@tripleline.com Evaluation team member Evaluation of project proposals under the Civil Society Challenge Fund, value of 30m. Grant scheme designed to assist partnerships between UK and developing countries civil society organisations to implement capacity building projects London, Brussels, Moscow, Tbilisi, Chisinau, European Commission/Council of Europe Helena Lagerlof, EuropAid helena.lagerlof@ec.europa.eu Lead consultant EIDHR Evaluation of 8.5 m project to establish a Network of Schools of Political Studies in 10 countries. This assignment was part of an on-going series of European Initiative on Democracy and Human Rights related evaluations reviewing the impact and effectiveness of the procedure in relation to human rights and democratisation in the last several years. Page 130 of 146

131 Southeast Europe 03/2007 London, DFID Rwanda, Jo Abbot, governance advisor DRC 11/ London, European Commission 01/2007 Brussels (+ Helena Lagerlof, EuropeAid USA, China, helena.lagerlof@ec.europa.eu Cambodia, Philippines) 11-12/ London Westminster Foundation for 2006 Democracy (Jadranka Foster, deputy to Chief Executive) 10/ 2006 Paris European International financial institution Dr Philippe Chabasse, C&F Conseil philippe.chabasse@wanadoo.fr 06-09/ Paris, 2006 Kinshasa, Bangui, Brussels, The Hague, Geneva 06/2006 Berlin, Sénégal, Bénin, Cameroon 02-05/ London / New York, 2005 Cambodia, French Ministry of Foreign Affairs, International Federation of Human Rights Dr Philippe Chabasse (as above) Transparency International Casey Kelso, Dept Director ckelso@transparency.org Foreign and Commonwealth Office (Angela Christie, evaluation manager, Global Opportunities Fund) UNICEF Team leader Evaluation of a 3-year, peace building and reconciliation project by CAFOD. Lead Evaluation of a 9.5 m EIDHR programme of support for the abolition of the death penalty. consultant Evaluation Development of an evaluation policy for this institution, based on findings of evaluation conducted earlier in the policy advisor year. Advisor on Training session with bank managers on the Equator Principles, specifically the analysis of human rights-related risks Equator and corruption risks in countries of operation. Principles and human rights Lead Evaluator Evaluation of a three-year, 1.7m euros programme of support to human rights, including capacity building for NGO members of the International Federation of Human Rights Leagues in a range of developing countries. One specific area of work covered by the evaluation was the support to human rights defenders. Evaluator Evaluation of a three-year, 1.5m euros civil society capacity building programme in Francophone Africa focussing on anti-corruption activities. Evaluator Evaluation of the Global Opportunities Fund, under which the Foreign and Commonwealth Office supports a range of human rights and democracy projects. Evaluation covered inter alia the Westminster Foundation for Democracy. Evaluation Evaluation of UNICEF s project on Human Rights-Based Approach to Programming. team leader Page 131 of 146

132 Morocco, Jordan, Sri Lanka, Panama, Kenya 09- Bern, 12/2004 Kathmandu 06-07/ London, 2004 Russia 03-05/ Brussels, 2004 Nepal 11-12/ Brussels, 2003 China 05-06/ Hanoi, 2003 Brussels 10/ Turin, 02/2003 Bangkok, Manila, London 08/2001 Warsaw, London 11/ London, UK 12/ 2000 Swiss Development Corporation Deputy team leader Joint leadership of a team of 4 experts carrying out a high-level evaluation of SDC's programmes in Nepal since Amnesty International Evaluator Evaluation of an international campaign on human rights in the Russian Federation, carried out by Amnesty International in (UK 1m). European Commission Delegation in Nepal Team leader, identification and appraisal team European Commission Identification (Delegation in China) Team Leader European Commission DG Team leader Relex United Nations System Staff Evaluator College (UNSSC) Organisation for Security and Senior Cooperation in Europe (OSCE), Consultant Office of Democratic Institutions and Human Rights Amnesty International, Researcher, International Secretariat Asia and Pacific (research missions to Cambodia, Region (1989- China, Japan, North and South 1994) Korea, Laos, Nepal, Taiwan, Viet Director, Asia Nam, etc.) and Pacific Programme Needs assessment and design of a 7m programme of support to Conflict Mitigation in Nepal, focusing on human rights monitoring, access to justice and support for the judiciary. Field study and identification for a 10m EU programme of support and capacity building to civil society in China, specifically in relation to its involvement in good governance and the rule of law. Identification study for an EC development assistance programme (poverty alleviation and conflict prevention) aimed at the Central Highland minorities of Vietnam, with a view specifically to promotion of human rights and reduction of ethnic tensions. Evaluation of training in the field of conflict prevention and resolution, carried out by the UNSSC for staff of UN offices and operations around the world. Preparation of a research report and final declaration for a conference held by the OSCE in October 2001 in Vienna, on the situation of Human Rights Defenders in the OSCE region. Research and advocacy on human rights. Tasks included researching and writing reports on human rights and related issues, as well as designing and leading the implementation of worldwide campaigns advocating the protection and promotion of human rights in a range of countries and under a range of thematic headings. Page 132 of 146

133 ( ) Manager, International Campaigns ( ) Page 133 of 146

134 CURRICULUM VITAE Proposed position in the project Proposed by Category Expert in Legal / Juridical Reform, Rule of law, justice NIRAS Senior 1. Family name Hansen 2. First names Finn 3. Date of birth Nationality (passport holder) Danish 5. Places of residence Denmark 6. Education INSTITUTION [DATE FROM - DATE TO] Roskilde University Centre, Denmark, 09/ /1991 (6 years) DEGREE(S) OR DIPLOMA(S) OBTAINED Msc, Development Studies and Public Administration 7. Language skills: Indicate competence on a scale of 1 to 5 (1 - excellent; 5 - basic) LANGUAGE READING SPEAKING WRITING Danish Mother tongue English Spanish Membership of professional bodies 9. Other skills (e.g. Computer literacy, etc.) Fully computer literate 10. Present position Independent Consultant 11. Years with the firm 12. Key qualifications (relevant to the assignment) Senior governance consultant with 20+ years of experience with development cooperation. He has carried out 20 identification and/or formulation missions, 25 reviews, 13 appraisals and pre-appraisals, He has also provided technical back-up to approximately 30 assignments since 2001, being the main project manager for HN Consultants ApS Extensive experience in project/programme evaluations(relevance, effectiveness, efficiency, impact and sustainability), reviews, appraisals, most often in the capacity of the Team Leader. Proven experience with OECD DAC evaluation methodology Over 20 years of experience in working on Danida funded programmes. Proven experience with working on projects funded by EuropeAid. Key areas of thematic specialization include: Democratic governance, Popular Participation (civil society participation and advocacy at local and national level, decentralisation, including devolution and municipal management),human rights Based Approach (Participation, Accountability, Non-Discrimination and Transparency and human rights (women and indigenous rights)), Access to Justice. Special focus on disability rights and fight against torture, Institutional analysis of partner institutions & capacity development, Donor harmonisation & alignment, Crosscutting issues, including gender aspects in development

135 Excellent knowledge of the Vietnam context. 13. Specific experience in the region COUNTRY DATE FROM - DATE TO Vietnam 2011 (three times), 2012, 2013, The Philippines 2012 Page 135 of 146

136 14. Professional experience REF DATE LOCATION COMPANY POSITION DESCRIPTION February Appraisal of Kenya Country Programme , including governance: Danish Ministry of Foreign Kenya Governance expert support to civil society organisations and support to women s rights and Affairs (Danida) (TBD) ongoing empowerment. November West Africa Danish NGO IBIS 2014 Evaluation of West Africa Human Rights and Democratisation Programme, 2 (Ghana, Burkina Karen Andersen Team Leader February including support to media and conflict resolution. Faso) Ka@ibis.dk 2015 Danish Association of the August Nicaragua, Physically Disabled (DHF) Mid-term review of Latin America Programme. Responsible for two national 3 October Honduras, Team Leader (Henry Lind, henry@dhfnet.dk) consultants pre-studies Nicaragua National Association LEV July End-of-Project Review preparation: Strengthening the Rights of Families and Vietnam& (Lisbehth Rasmussen 4 December Consultant Persons with Intellectual Disabilities & strategy development for LEV on Denmark lr@lev.dk) 2014 organisational development and advocacy. 5 July December 2014 Vietnam Danish Embassy, Hanoi DanidaHauchu@um.dk Team leader Programme Completion Report for Strengthening of the Government Inspectorate Sector s capacity to combat anti-corruption. 6 May July 2014 Sierra Leone IBIS Denmark, Connie Dupontcd@ibis.dk Team leader Evaluation of Citizens Rights and Responsibilities in Governance Programme 7 March May 2014 Liberia IBIS Denmark, Thomas Grotkjær Nielsen, tgn@ibis.dk Team leader Formative Monitoring Mission to review the Democratic Rights and Inclusive Governance, including programme results, partnership approach, challenges and opportunities and future set-up. 8 January April 2014 Bolivia Royal Danish Embassy in Bolivia Lars-Henrik Worksøe (larwor@um.dk) Team leader Finalisation of the formulation of the thematic governance programme in Bolivia, with special emphasis on formulation of a support to civil society organizations and education. September Royal Danish Embassy in Finalisation of Country Programme Document according to Danida 9 December Bolivia Bolivia Team leader guidelines (Country Programme based on three thematic programmes in areas 2013 Lars-Henrik Worksøe of agriculture/green growth; natural resource management/climate change and Page 136 of 146

137 governance/access to justice). Capacity assessment and lessons learnt from 15 years of collaboration with September The National Association of Ugandan association of persons with intellectual disabilities. 10 October Uganda LEV Lisbeth Rasmussen Team leader Input for formulation of new project with focus on advocacy at national and district 2013 level. Danish Association of the June Disabled Review of the project Promoting the implementation of disability laws and Vietnam Team leader August 2013 Michael Larsen, policies: DP Hanoi capacity building and advocacy project. Ghana, March ongoing 2013 Guatemala, Bolivia. February Vietnam (desk) March 2013 January 2013 Bolivia December 2013 November December Palestine 2012 May 2012 December Denmark/Vietnam 2012 February Desk and Bolivia June 2012 June 2012 Rwanda August 2012 IBIS Stine Krøijer and Lars Koch Team leader Review of experiences with global advocacy programmes. Preparation of a review report and a report on methodologies, best practices on advocacy in Africa and Latin America (field visit to three countries). Danida Review of country programme progress, Vietnam, including presentation of Consultant Lis Rosenholm lisros@um.dk main components, status, risks assessment of programmes. Danida Consultant & Formulation of the New Environmental Programme in Bolivia, including support to Carmen Barragan project manager government institutions, private and civil society actors. (carbar@um.dk) Danida Mid-term review for the Local Government Policy in Palestine. Consultation Lars Adam Consultant with authorities, key informants and civil society organisations. Rehof(larreh@um.dk) Study visit to Denmark on Public Administration Reform and Team leader Danida, Vanessa Saenz, Decentralisation for 15 Vietnamese staff members and politicians, carried (shared with vansae@um.dk out in collaboration with the Local Government of Denmark (LGDK) (preparation, LGDK). organisation, implementation and final report). Capacity/institutional assessment of the Danish Association for Disabled People Danish Ministry of Foreign and appraisal of Programme for Persons with Disabilities in Latin America, Affairs, Grethe Dittmer Team leader including assessment of programme s compliance with the Danish Strategy to Gredit@um.dk Support to Civil Society. Danish Association of the Evaluation (relevance, efficiency, effectiveness, sustainability, Blind, Line Lund Team leader outcome/impact) of support to the strengthening of Rwandan Union of the Blind. (lil@dkblind.dk) Focus on their advocacy strategies and activities on public policies. 19 February Central America Danida Team Leader Preparation of Programme Completion Report for Environmental Programme Page 137 of 146

138 2012 Jens Peter Bendix Rasmussen Support to Central America (PREMACA), including support to environmental December decentralization at municipal level and to the UICN (Unión Internacional para la 2012 Conservación de la Naturaleza) and the civil society fund for advocacy and research. February Danish Ministry of Foreign Preparation of Programme Completion Report for Good Governance and Vietnam Affairs, Vanessa Saenz Team Leader Public Administration Report (GOPA I), issues of political economy, including March 2012 support to provincial authorities (two visits to Vietnam). 21 January2012 February 2012 Uganda Danish Ministry of Foreign Affairs. Sanne Frost Helt Consultant Review of Country Programme Progress, Uganda (desk) 22 December 2011 February Vietnam Danida, Lis Rosenhom, Consultant Review of Country Programme Progress,. Vietnam (desk) (good governance, judiciary sector, environment and political economy) December 2011 May 2012 Philippines and Georgia. International Rehabilitation Council for Torture Victims / EU Peter Hellmers, ph@irct.org Team leader Evaluation of the EU-financed project FEAT Use of Forensic Evidence in the fight Against Torture, Use of evaluation key issues for the assessment (including relevance, effectiveness, efficiency, sustainability, outcome and impact) 24 August December 2011 Lebanon, Mexico, Cameroon International Rehabilitation Council for Torture Victims / EU, Peter Hellmersph@irct.org Team leader Mid-Term Evaluation of EU Non State Actors - project Developing the capacity of IRCT member centres to deliver holistic torture rehabilitation services and advocacy Use of OECD DAC evaluation guidelines (focus on relevance, effectiveness, efficiency, sustainability, outcome, impact). 25 June August 2011 Egypt International Rehabilitation Council for Torture Victims. Peter Hellmers, ph@irct.org Team leader Evaluation of Promotion of the prohibition of torture in modern Egyptian society through the strengthening the National Council for Human Rights and Civil Society Organizations (use of OECD DAC evaluation guidelines; focus on relevance, effectiveness, efficiency, sustainability, outcome, impact). Design and formulation of Good Governance and Public Administration 26 March 2011 January 2012 Vietnam Danish Embassy in Vietnam (Danida). Contact: Lis Rosenholm, lisros@um.dk Consultant Reform in Vietnam (particular emphasis on design and formulation of support to civil society regarding public participation and accountability on legislation and implementation of public policies through a call for proposals mechanism and to decentralisation). This assignment involved a total of three visits to Vietnam, as well as support to the Danish Embassy on other issues during a two-month Page 138 of 146

139 period. 27 September December 2010 Central America Danish Ministry of Foreign Affairs Contact: Søren Vøhtz, Ambassador Team leader Final design and formulation of Democracy and Human Rights Programme in Central America (Pro-Democracia) and Input for preparation of the Programme & Partner Completion Reports for PRODER. Most partners are civil society organisations focused on advocacy on indigenous and women s rights and on influencing public policies (pro-poor health, education, services). 28 August September Nicaragua Danish Ministry of Foreign Affairs, Søren Team leader Programme Completion Report for Programme for Democracy and Human Rights in Nicaragua Vøhtzsorvoh@um.dk 29 May-July 2010 Central America Danish Ministry of Foreign Affairs, Danida. Contact: helvad@um.dk Team leader Technical review of civil society strengthening component in the regional environment programme in Central America (UICN-PREMACA). Field visits included focus on 12 civil society organisations in four countries on advocacy in relation to climate change, extractive industries, indigenous rights. 30 March-June 2010 Central America Danida, contact helvad@um.dk Team leader Identification, design & formulation of Democracy and Human Rights Programme in Central America (Pro-Democracia). 31 September 2009 January Nicaragua and Denmark Joel Nielsen, team leader Grontmij-Carl Bro, joel.nielsen@grontmij- Consultant Thematic review of local governance & decentralisation of the Danish NGO MS, Consultant/responsible for Latin America, 2010 carlbro.dk August Danish Association of Blind. Review of project: Strengthening the Disability Movement in Ghana through 32 September Ghana Contact: Heidi Legene. Team leader advocacy and organisational development hml@dkblind.dk August 2008 and Danida (Danish Ministry of 34 November 2008 Bolivia Foreign Affairs). Winnie Petersen, winpet@um.dk Team leader Design and formulation of Access to Justice Programme in Bolivia January October- December 2008 Bolivia The Danish NGO Dialogos. Erik Jørs, erik.dialogos@gmail.com Team leader Evaluation of outcome from Danish NGO projects in Bolivia: Health, Organisation and Environment. Page 139 of 146

140 36 April-June 2008 Nicaragua Danida Jesper Andersen, Team leader Design and formulation of Governance & Access to Justice Programme in Nicaragua, including support to civil society. 37 January- April 2008 Honduras & Nicaragua Danida. Grethe Dittmer, Team leader Review/impact analysis-cum-appraisal of Organisational Development Project for People with Disability, Honduras & Nicaragua, 38 November December Nicaragua Danida, Jesper Andersen, Team leader Review of Democracy and Human Rights Programme in Nicaragua. August- Ibis-Denmark. Klavs Wulff, 39 September Central America Team leader Evaluation of Ibis Thematic Programmes in Central America August December 2006 Visits to Ghana, Bolivia, Ecuador and Peru. Ibis-Denmark. Karen Andersen, Team leader Review of the Thematic Programme approach in Ibis-Denmark. Analysis of questionnaires from all staff and main partners. 41 November 2006 January 2007 Nicaragua Ministry for Foreign Affairs in Finland. Maria Luisa Babini, Project leader Mid-term review of PROGESTIÓN Municipal Management and Local Development Strengthening Programme in Nicaragua. Facilitation of the design and formulation of the fourth phase of the RAAN-Asdi- 42 April September 2006 Nicaragua and back-up from Denmark Ministry of Foreign Affairs in Sweden, Cecilia Bruhn, Project leader RAAS Programme at the Atlantic Coast in Nicaragua. The programme includes support to regional, municipal and community authorities, including specific support to the indigenous population and civil society organisation. The activities are aligned to regional and municipal priorities and will be co-financed with other donors 43 May July 2006 Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica, Panama. IBF-Belgium for the European Union. Consultant Formulation of Project Support to the Consolidation of a Customs Union in Central America, including its impact on peasant organisations and trade unions. EU project cycle management and development procedures were used for design and formulation. December Second and third assignment: Several countries: A desk review for each country February Denmark HN Consultants for Danida. John Nielsen, JOHNIE@um.dk Team leader supported by Danida is elaborated as a preparation for the Danish Ministry of Foreign Affairs performance reviews of the countries 2006 Page 140 of 146

141 45 June December 2005 Bolivia HN Consultants for Danida. Mogens Pedersen, Team leader Inception mission for Programme for Conflict Management, Anticorruption, Human Rights and Gender Equity. The mission established draft agreements with counterparts; reviewed key indicators with partners and discussed their plans for 2005 for four components co-financed with other donors: Conflict Management; Anticorruption; Human Rights and Gender Equity. 46 August October 2005 Bolivia HN Consultants for Danida. Grethe Dittmer, Team Leader Appraisal of proposal for NGO Caritas Support to Project Los Lípez, Bolivia. The purpose of the appraisal was to provide Danida with an assessment of the feasibility and sustainability of the project proposal from Caritas on Support to Los Lípez: Development of the social and economic sustainable potential based on popular participation, Bolivia. October (i) Identification and (ii) formulation of Programme for Human Rights and HN Consultants for Danida. Democracy in Central America.The tasks included the supervision of five Central America January Charlotte Slente, Project Leader international and local consultants work with formulating a programme with main and backstopping 2005 and CHASLE@um.dk and Ketil (both assignments) focus on anti-corruption and access to justice in Central America, in particular from Denmark May July Karlsen ketkar@um.dk for women and indigenous people. Quality control in Central America and 2004 Denmark. HN Consultants for Danida. Formulation and final editing after appraisal of Programme for Conflict Management, Anticorruption, Human Rights and Gender Equity. Four August components were formulated: i) Conflict Management, including support to 48 November Ministry of the Presidency, specialised foundations and civil society ii) Anticorruption; including support to four key state institutions, among these HN Consultants for Danida and Bolivia Mogens Pedersen, Team leader January- the Auditor General. iii) Human Rights, including support to the MOPEDE@um.dk February Ombudsman s institutional plan, the National Electoral Council and human 2005 rights organisations iv) Gender Equity, including support to the vice-ministry for women s rights and civil society organisations. Approved in March 2005 with a budget of about 9 million USD. Identification of Support to the Decentralisation Process in Bolivia. Field visit to 49 donors, national level authorities and selected municipalities in order to design a October HN Consultants for Danida. new programme for support to the decentralisation process. The mission outlined December Bolivia Mogens Pedersen, Team leader a possible programme for support to the Ministry of Popular Participation, for 2004 MOPEDE@um.dk capacity building and investments for municipalities and for support to civil society organisations. 50 August Nicaragua Ministry of Foreign Affairs, Team leader Support to the decentralisation process and municipal development in Nicaragua. Page 141 of 146

142 November Finland. Maria Luisa Babini, Formulation of a municipal development programme ( Pro-Gestión ), which is 2003 lunamar@cablenet.com.ni implemented from with support from the Finnish government. The task included the design of i) the support at the municipal level to strengthen capacity to provide services and strengthen their administrative and financial capacity ii) support to promote socio-economic development in the municipalities iii) support to promote citizen s participation in local politics and iv) support the development of national decentralisation policies. Danida Performance Review Preparation several countries. First 51 August December 2003 Denmark HN Consultants for Danida. JOHNIE@um.dk Team leader assignment: This task consisted in a desk-review of all relevant information related to the country programmes in Zambia, Nicaragua, Nepal and Tanzania. A desk note for each country was elaborated as a preparation for the Danish Ministry of Foreign Affairs performance reviews of these countries. Thematic review of Danish NGOs with Framework Agreements with Danida. 52 February April 2003 Guatemala and Denmark HN Consultants for Danida. Marianne Kress, MARKRE@um.dk Team leader The Review focused on the Danish NGO Ibis and its follow-up on the capacity assessment carried out by Danida in Moreover, the Thematic Review included an assessment of the programme local governance, decentralisation and community participation carried out in Guatemala. The task included visits to a number of municipalities and civil society actors in Guatemala. November Design and formulation of a Second Phase of the Support Programme for January 2003 and May-June Nicaragua HN Consultants for Danida. Charlotte Slente, CHASLE@um.dk Team leader Decentralisation and Municipal Development.The objective of the consultancy was to consider options for future support to the formulation and implementation of a national strategy for decentralisation and local development; including the support to the possible creation of a national mechanism for transfer of funds to 2003 municipalities from central government and donor organisations. Review of Programme for Decentralisation and Municipal Development in 54 October November 2002 Nicaragua HN Consultants for Danida. John Nielsen, JOHNIE@um.dk Team leader Nicaragua. The objective of the review was to assess progress in programme implementation; review progress made towards institutionalisation of the programme, and to assess the relevance and appropriateness of PRODEMU strategies and areas of intervention in light of progress in the decentralisation process in Nicaragua. June Danish Ministry of Foreign Appraisal of Programme Support to Justice Sector in Mozambique. The task 55 September Mozambique Affairs Consultant included the preparation of a Draft Programme Document for Danida assistance, 2002: John Nielsen, Johnie@um.dk including support to the Supreme Court, the Ministry of Justice; Training Page 142 of 146

143 Centres in the justice sector, the Attorney General s Office in the country. Moreover, the design included support to civil society organisations which provide legal aid and participate in advocacy activities related to the law reform process in the country. Finalization of Component Strategies for PRODECA in Central America. The task Central America included the final editing of three component strategies for the Danish Human 56 January April 2002 (Honduras, El Salvador, Guatemala, Costa HN Consultants for Danida. Charlotte Slente, CHASLE@um.dk Team leader Rights Programme for Central America (PRODECA) regarding Administration of Justice; Media and Freedom of Expression and Democracy and Good Governance. Moreover, a number of consultations with Rica, Nicaragua) different stakeholders, including civil society organisations and public institutions, were carried out to discuss the strategies. Development of Strategy for the component Democratic Participation and 57 August- December 2001 Honduras, El Salvador, Nicaragua and Guatemala HN Consultants for Danida. Charlotte Slente, CHASLE@um.dk Team leader Good Governance for the Danish Human Rights Programme for Central America, PRODECA. The task included two visits to Central America, the coordination of four national studies in Honduras, El Salvador, Nicaragua and Guatemala on good governance issues and two cross-cutting studies on representative democracy and gender. Consultancy for support to anti-corruption courses and courses on judicial reform for official and civil society stakeholders in Asia and Latin America. 58 May-July 2001 Washington and Denmark Hansen Consult for World Bank. Maria Gonzalez, Mgonzalezasis@worldbank.org Project responsible The task included administrative support regarding Organization of the Anticorruption Core Course; coordinating with speakers, facilitators and consultants; Researching and helping in the organization of the Judicial Learning Program; and Researching and helping in the organization of the Municipal core course for Latin America. The tasks were carried out by a Costa Rican consultant in close coordination with Finn Hansen. Joint Review, Programme for Decentralisation and Municipal Development, 59 March-April 2001 Nicaragua HN Consultants for Danida. John Nielsen, JOHNIE@um.dk Team leader Nicaragua. The objective of the assignment was to assess the suitability of the framework for the Danida support to Decentralisation and Municipal Development in Nicaragua and the progress achieved in implementation, encompassing the national, regional and municipal levels. 60 May - July 2000 Nicaragua Hansen Consult for Danida. Sus Elbæk, SUSELB@um.dk Team leader Design and formulation of a Danish Human Rights and Democracy Programme. Nicaragua. The consultancy included formulation of objectives, strategy and definition of potential counterparts among state institutions, semi- Page 143 of 146

144 independent state institutions and civil society organisations. The formulation also included institutional assessments of a number of possible counterparts among civil society organisations. Evaluation of the Civil Society Assembly. Evaluation of the advocacy project 61 February March 2000 Guatemala Hansen Consult for Ibis. Karen Andersen, KA@ibis.dk Consultant regarding support to the Civil Society Assembly. The evaluation included an assessment of the Civil Society Assembly's contribution to an effective monitoring of the implementation of the Peace Accords in Guatemala. The evaluation was based on self assessments from representatives of the Civil Society Assembly and from a number of key informants Review of Danish transitional assistance to Guatemala. Review of United 62 July - September Guatemala Hansen Consult for Danida. Mogens Blom, Consultant edidtor Nations component, NGO component and PRODECA-TA (Danida transitional assistance). During the mission, a comprehensive framework was elaborated for 1999 MOGBLO@um.dk the assessment of the programme components for the promotion of human rights and democracy in Guatemala. Review of objectives and strategy. In charge of in-depth study in Nicaragua: "Capacity building within the framework of partnership", which forms part of the Danish NGO impact study involving all 63 December June 1999 Nicaragua and Denmark Centre for Development Research, Denmark. Steen Folke, SFO@diis.dk Researchfellow/coordinator Danish NGOs with activities in Bangladesh, Tanzania and Nicaragua. The research developed a "Rapid Assessment of Organisational and Institutional Change" regarding effect and impact of capacity building. The research had emphasis on self assessment, including the assessment by beneficiaries, focus groups, project staff and counterpart organisations. Appraisal and follow-up mission on decentralisation and municipal development 64 May July 1998 Nicaragua Hansen Consult for Danida. John Nielsen, johnie@um.dk Team leader in Nicaragua. Drafting of component document for national component regarding support to the association of municipalities and to different advocacy activities for financial and political decentralisation. Appraisal mission on support to decentralisation and community development in Chuquisaca within the process of the decentralisation process in Bolivia. The 65 May July 1998 Bolivia Hansen Consult for Danida. John Nielsen, johnie@um.dk Team leader. support includes financing of infrastructure projects at the municipal level and institutional strengthening of the municipalities. Institutional assessment of six municipalities' professional and administrative capacity, including their capacity to stimulate participatory planning processes. 66 February April 1998 Nicaragua Danish Ministry of Foreign Affairs John Nielsen, Team leader Fact finding mission on decentralisation and municipal development in Region I and the Atlantic Coast of Nicaragua. Institutional assessment of six municipalities' Page 144 of 146

145 67 November - December 1997 Honduras 68 May 1997 Central America November December Costa Rica 1997 March October Central America March 1994 Nicaragua/ March Central America January Nicaragua/Central America March 1994 JOHNIE@UM.DK Danish Ministry of Foreign Affairs (contact not available any longer). Nordic Consulting Group for Danida. Anne-Lise Clausen, ncg@ncg.dk United Nations Development Programme. Orla Bakdal, ORLBAK@um.dk Danish NGO Ibis. Karen Andersen, ka@ibis.dk Danish NGO Ibis. Karen Andersen, ka@ibis.dk Danish NGO Ibis. Karen Andersen, ka@ibis.dk professional and administrative capacity, including their capacity to stimulate participatory planning processes. Drafting of component document. Institutional Analysis of NGOs. Institutional analysis for PRODECA-Danida on Consultant capacity of three Honduran NGOs. Observer at Honduran elections for the Danish Embassy in Central America. Appraisal mission of the Danish Human Rights Programme for Central America, Danida (PRODECA III). In charge of elaborating draft on Consultant socio-economic development in Central America, including the role of civil society, and draft on project assessments United Nations Development Programme in Costa Rica. In charge of projects on Junior Professional "good governance", state reform and decentralisation and follow-up activities Officer related to the coordination of the UN System and the National Sustainable Human Development Report "The State of the Nation". Ibis-Denmark in Nicaragua. Study on decentralisation and local organisations in Central America. Advocacy strategy for several Central American organisations, Consultant updating of study on trade and cooperation between Europe and Central America for the Coordinadora Regional de Investigaciones Económicas y Sociales (CRIES) - a research institute covering Central America and the Caribbean Technical assistant on European and Central American relations (including an English language bulletin on advocacy issues) at the regional office of the Development Association of Central American Peasant Organisations for Cooperation and worker/cooperante Development (ASOCODE) with members in Guatemala, El Salvador, Belize, Honduras, Nicaragua, Costa Rica and Panama. Research fellow at CRIES, dealing with issues relating to European and Central Research American relations, including research on the impact of the international coffee fellow/development crisis on small and medium farmers. The research was discussed with Central worker American peasant organisations and served as an input for developing alternative proposals. Page 145 of 146

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