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					                            ANNUAL PROJECT REPORT 2010

                        PROJECT NAME: Access to Justice Project

                           REPORTING PERIOD: Jan-Dec 2010



                          SUBMITTED TO: UNDP, The Gambia



                                    SUBMITTED BY:

 NAME & DESIGNATION OF PROJECT DIRECTOR:Dr. Ebrahim Lowe Chief Executive Secretary

IMPLEMENTING PARTNER: Ministry of Justice & Attorney General’s Chambers, Marina Parade,
                                        Banjul

                             PREPARED BY : PENDA TOMMY

                                DATE : December 2010




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2. Executive Summary

2010, to say the least, has been a very busy year. The Secretariat has directly implemented nineteen
activities. This in itself shows that 2010 has been a progressive year for the ADRS and the ADR initiative
in the Gambia. Thanks to the assistance of the UNDP in the areas of financial support, logistical
assistance, resources and personnel and the hard work and dedication of the Secretariat staff, the
Secretariat has been successful in achieving the objectives set out in the Annual Work Plan of 2010.

It would be fair to say that the main objective of the Secretariat this year was not only to directly
sensitize the people of and within the Gambia on the availability of ADR as a route to resolving disputes
but to also take ADR out of the capital city to the people in the rural areas. This has been achieved by
the opening of two regional centres, the first in Farafenni in the North Bank Region and Basse in the
Upper River Region.

This is not to say challenges were faced during the course of the year. Implement projects and
coordinating sensitizations in Banjul which are to be held out of the greater Banjul area is an immense
challenge as nothing can be supervised prior to arriving to the proposed city/town. Issues such as late
payments need to be looked into as it does not only affect implementation but also the reputations and
credibility of the partners and donor body. It is for all to improve for better implementation in 2011.

Within the body of this report the reader will find the projects and activities undertaken during this year
and their intended output. Issues such as problems and challenges and how they were mitigated or
overcome will be addressed. This is followed by the lessons learnt through the project implementation,
recommendations for better operations in achieving mapped out targets. The final part of the report
addresses, in brief, some success stories which have made the implementation of the 2010 Work Plan a
memorable one.

Thank you.




                                                     2
  3. Context
  The Access to Justice Programme started in December of 2009 but the first full year of implementation
  has been 2010. The aim behind this project is to deliver reliable and affordable redress for Gambians
  and persons living within the Gambia.

  The stakeholders to this project are the Secretariat, UNDP and Civil Society Organisations such as Tango
  and FLAG who are also members of the project steering committee. This year activities carried out
Risk       Operational Risk         Environme             Financial Risk       Political    Organizational Risk
                                      nt Risk                                    Risk

  through the Access to Justice Programme have covered the length and breadth of the country, kicking
  off with a sensitization workshop in the Greater Banjul area.

  The beneficiaries of this project cannot be numerated as those that stand to benefit from the
  strengthening and decentralisation of ADR range from the Judiciary; through the decongesting of the
  courts, individuals and businesses by receiving quick dispensation of justice and the entire Gambian
  populace at large. The ethos behind this is, if the ADR mechanism is strengthened and well structured
  the benefits and the beneficiaries will be immense as ADR is the preferred route to resolve disputes
  especially within the close knit communities associated with the Gambia .

  Thus the main out come in executing this project is to strengthen ADR in the Gambia, the Secretariat
  and to bring ADR and Justice to the ‘door step of everyone within the nations boarders’




  4. Implementation Challenges
  4.1 Project risks and actions:
  A risk is an external circumstance, condition or event that could potentially jeopardize the completion of
  a project component within the agreed timeline and/or at the required level of quality.




                                                      3
Risk         1. Inconsistency &           1.Budget for Farafenni      1.Implementation
identified   lack      of      clear      cut     down      which     arrangements
             communication from           affected                    specifically    when
             UNDP         regarding       implementation              executing projects in
                                          2.Delays in receiving
             preperation of FACE                                      the sub-region as it
                                          Direct Cash Transfers
             & ICE forms led to                                       is difficult to make
                                          even when requests are
             constant       changes       submitted in time           arrangements/
             and re-writing               3.Delays in paying          assessments     from
             2.     repetition    in      vendors when RDP’s          the Secretariat head
             information                  have been submitted         office.
             requested         when       3.ADRS unable to            2. budget to D20K to
             information           is                                 hire a vehicle to
                                          monitor the spending
             already contained in                                     transport        staff,
                                          of monies spent as
             previous        forms/                                   resource      persons,
                                          invoiced and having         luggage & equipment
             documentation                to spend                    to & from Basse
             submitted                    additional money on         3. Unavailability of
             3.Delays from the IP         the     ground        as    vehicle to facilitate
             in          submitting       organization was poor       timely movement of
             requests on time             (especially in Basse)       personnel to the
             4. Human error:              4.Low budget estimate       field to conduct
             documentation for            (Basse), resulting in       sensitization
             DCT and RDP being            inability to provide a      4. Delays due to the
             misplaced        which
                                          suitable    mode       of   rainy season and the
             leads to delays in
                                          transportation for staff
             cash release and                                         month of Ramadan
             payment to vendors.          5 vendors refusing to
             5. Poor Organization         pick up their cheques
             by Governors and             form UNDP
             their representatives
             *delays by the Gov's
             Rep     in    organising
             venue             (Basse),
             resulting in a late start

             *poor quality of food
             &did not cater for the
             requested      number
             (Basse), resulting in
             many participants not
             having breakfast

             6. *Unwillingness of
             some        identified
             resource persons to

                                             4
           participate due to
           UNDP being slow in
           effecting payment to
           consultants etc…




Actions    1. more face to face     5.secretariat staff      2.UNDP PMU
taken to   interaction between      being proactive in       providing
mitigate   UNDP and the IP,         facilitating payment     transportation for
them                                and always requesting    implementation of
           2. ongoing
                                    bank account details     project activities.
           3. better planning so    for funds to be posted
                                                             3.UNDP PMU need
           requests are             into an account
                                                             to use more vehicles
           submitted in time
                                                             for implementation.
           4.increasing                                      Due to the
           efficiency in                                     unavailability of a
           submitting requests                               vehicle staff had to
           for them to be                                    take public transport
           processed                                         to Bansang

           5.constantly                                      4.schedule activities
           communicating with                                out of the greater
           the representatives                               Banjul so they don’t
           assisting the                                     coincide with
           secretariat and giving                            Ramadan and the
           them very strict                                  rainy season
           criteria to meet.

           6.assisting in the
           facilitation of
           consults/trainers
           being paid on time
           by submitting the
           necessary paper
           work.




                                      5
4.2 Project issues and actions:

During the course of the implementation of the 2010 Work Plan it was discovered that a few relevant
activities had to be added to be able to complete our activities successfully. Some of these were and
over sight during the drafting of the initial work plan, while others arose during the course of the project
implementation; one of which was additional funds were needed to fence the Basse and Pilot Center
and to build generator rooms to house the newly purchased generators. The rationale behind approving
these activities at a late stage were because of the following:

    1. On drafting the AWP a site had not been located for the new offices so the situation ‘on the
       ground’ was unknown.
    2. A lot of money was spent on the procurement of the office equipment and the generators so
       there was a necessity to spend the extra money to make sure these items were secure in their
       location.

Other issues which also arose were under budgeting in the amount needed to procure equipment and
not budgeting for the transportation of procured goods to the centres.

    SN           Issues                                         Actions taken to solve the issues
    1            Under budgeting                                Where the amount was too high to be
                                                                accommodated by the AWP approval was
                                                                sought from UNDP for addition funding
    2            Over looking implementation activities         Meetings were held between UNDP & the
                                                                IP to assess if the activities could be
                                                                included in the following years activities or
                                                                if they were necessary to complete project
                                                                implementation in 2010
    3            New activities arising out of existing         Project Steering Committee meetings were
                 activities which required a separate           held and the importance of these
                 budget line                                    additional activities were assessed and if
                                                                approved adopted as part of the work plan




5. Project Performance
(In this section, you report progress against your project specific outputs and activities. This is the main
body of the report which also reflect the planned activities, targets and progress/achievements of the
activities with financial delivery. You also mention the constraints faced during the activities
implementation.)




                                                     6
5.1 Output 1:
Intended Output:
Capacity of ADR Secretariat strengthened and decentralization of ADR centres in other
regions supported

Output Indicator/ Target:
ADR Secretariat strengthened and its services decentralised.
Refurbishment of both centers ( painting, roofing, water and electricity connections etc)

5.1.1 Activity 1.1:
To achieve this intended output, firstly, the Secretariat successfully located buildings in both
towns to be used as the ADR Pilot centers. Rent of both prospective offices were negotiated
and is being paid by the government.
Through the Access to Justice Project the following three activities were carried out:
     Purchase of two 13KVA Perkins generators and the purchase of six LG split unit air
        conditioners
     Refurbishment of ADR Regional Centre in Farafenni (D20,000)
     Refurbishment of ADR Regional Centre in Basse (D80,000)

The refurbishment in Farafenni entailed hiring the services of a contractor to change the ceiling,
paint the entire building (interior and exterior), changing of locks and other minor elements.
The Basse refurbishment was to have the office space to be partitioned, repaint, construct a
cesspit, connect water & electricity to the building and other work. Initially when the sites
were inspected on the 17th & 18th of July the standard of work carried out by both contractors
were of a poor standard and initially, both failed to complete the jobs specified.
Upon completion of the renovations both sites were inspected and work carried out were done
to the satisfaction of the CES of the Secretariat

Achievement/Output:
    All items procured
    Site inspection of work done in Basse and Farafenni were carried out and work was
      satisfactorily completed and final payments were released.




5.2 Output 2:
Intended Output:
Initiatives of Civil Society / Community Based Organizations in implementation of ADR
modalities at the grassroots levels
The intended long term target was to increase ADR services in the different regions of the
country. The immediate target was to create awareness in the rural communities and inform
the people of an alternative modus to facilitate speedy and cost effective remedies in dispute
resolution.

                                                  7
Output Indicator/ Target:
Provision of increased ADR services in different regions of the country

Activities
5.2.1 to 5.2.3: Farafenni, Brikama, Basse Sensitizations
A series of two day sensitization workshop were organised.
     The first was to be held in Farafenni on the 19th & 20th of April for 175 participants
     Brikama held on the 18th & 19th of May (150 participants)
     Basse held on the 31st of May & 1st of June (150 participants
    ; to be sensitized on ADR and its modalities. The workshop held.

Achievement/Output:
The workshops was successfully carried out and the participants found them to be very
informative, useful and were also eager participants. A majority of the participants indicated
ADR is needed in their areas to facilitate speedy, affordable access to justice.



5.1 Output 5 progress:
Intended Output:
Validation of the Consultants report by participants

Output Indicator/ Target:
Validate the report submitted by the consultant Mr. Raymond Sock

5.1.1 Activities
The Capacity Gaps Assessment Validation Workshop was held on the 9th June 2010. The invited
participants included the Attorney General and the then Solicitor General and other persons
from the Judiciary and Ministry, however they failed to attend. The Ministry was represented
by Ms. Amie Jobe. The participants also included resource persons used during the
sensitization.

Achievement/Output:
Report discussed at the workshop and many suggestions from the participants were included in
to the final report.




                                                8
3rd Q
6.1 Output 4:
Intended Output:
Capacity of ADR Secretariat strengthened

Output Indicator/ Target: ADR Secretariat strengthened Utilizing skills and knowledge gained.
Lessons learned will be used to enhance the ADR programme in The Gambia
6.1.1 Activities
A week long training workshop was held on the 9th – 13th August for 10 participants at the
Secretariat. Other than the eight members of ADR staff trained, the participants included Mr M
Jobarteh of TANGO and Mr Jewru Krubally of the Gambia Workers Union, now the
administrator and Senior Mediator at the Farafenni Pilot Centre
Achievement/Output:
Participants were given an understanding of basic legal principles in contract, constitutional,
employment, tort, land law and ADR which can be utilized in their day –to-day work



6.1 Output 5:
Intended Output:
   1. The institutional framework of the National Agency for Legal Aid effectively established and
      operationalised.
   2. Existing Legal Aid initiatives supported and assistance provided for establishment of Legal Aid
      services at community levels through CSOs/CBOs, Women and Youth Groups.
   3. Operationalisation of the ADR Secretariat and the decentralisation of ADR centres in other
      regions support
   4. Initiatives of Civil Society / Community Based Organisations in implementation of ADR
      modalities at grassroots levels supported.

 Capacity of ADR Secretariat strengthened
A south-south collaboration was undertaken and co-ordinated by UNDP Gambia and Ghana.
The aim of the study tour is for the visiting delegation to observe their Ghanaian counterparts
in the field, learn and exchange ideas on taking the scheme further.
Output Indicator/ Target:
Utilizing skills and knowledge gained. Lessons learned will be used to enhance the ADR
programme in The Gambia and to Increase the capacity of ADR Secretariat in delivering ADR
services & build relations with Ghanaian counter-parts
6.1.1 Activities
A five day study tour was undertaken by people from Alternative Dispute Resolution Secretariat,
National Agency for Legal Ms. Aminata Drammeh – Deputy Permanent Secretary of the Ministry of
Justice, Hon. Justice Jobarteh of the High Court of the Gambia, Dr. Ebrahim Lowe – Chief Executive
Secretary of the Alternative Dispute Resolution Secretariat, Mr. Charles Thomas – Administrator of


                                                 9
National Agency for Legal Aid, Ms. Haddy Dandeh- Jabbi – FLA-G, Ms. Ellen Manga – Desk Officer for
NALA and Ms. P Tommy - ADRS.

The objective of this study tour was for the team, made up of representatives from the ADRS, NALA,
Ministry of Justice, Judiciary and a Civil Society Organisation (CSO), was to observe and learn from their
counterparts in the fields of Legal Aid and ADR.

Achievement/Output:

4th Q

6.1 Output 4:
Intended Output: Output 3: Capacity of ADR Secretariat strengthened and decentralization of
ADR centers in other regions supported

Output Indicator/ Target:
ADR Secretariat strengthened and its services. Utilizing skills and knowledge gained to better
the ADR structure and the decentralization of ADR

6.1.1 Activities: Transportation of equipment and furniture to Farafenni and
Basse
This activity had been over sighted in the drafting of the annual work plan, approval was sought
from UNDP for this to be included in the budget. Transportation arrangements were made for
the office equipment and generators that had been procured by UNDP to be transported to the
regional centres.

Achievement/Output: The safe delivery of generators and equipment to the centres. All items
were delivered in perfect condition by the moving company.

Constraint: the only problems faced while trying to implement this was the lack of companies
with the ability to transport heavy equipment, machinery to load and unload heavy equipment
and also the provision of insurance to cover materials being transported

BUDGET: Seventy Thousand Dalasi (D70,000)
EXPENDITURE: Seventy Thousand Dalasi (D70,000)
BALANCE: Nil (D0)




                                                   10
6.1.1 Activities: In office training for Farafenni Pilot Centre staff on basic legal
studies, mediation & conciliation and office management
A training workshop was held on the 22nd and 23rd of November for the four staff members at
the Farafenni office. Four trainers, including the Chief Executive Secretary of the Secretariat
provided training on basic legal principle, mediation & conciliation, office management, case
management and reporting procedures

Constraint:

BUDGET:
EXPENDITURE:
BALANCE:

6.1.1 Activities: In office training for Farafenni Pilot Centre staff on basic legal
studies, mediation & conciliation and office management
A training workshop was held on the 22nd and 23rd of November for the four staff members at
the Farafenni office. Four trainers, including the Chief Executive Secretary of the Secretariat
provided training on basic legal principle, mediation & conciliation, office management, case
management and reporting procedures

BUDGET:
EXPENDITURE:
BALANCE:

Achievement/Output:

Participants were given and understanding of basic legal principle, the modalities of ADR and
management procedures to be utilized in their every day work and to facilitate the smooth
operational running in the regional centres.

6.1.1 Activities: Inauguration of the Farafenni & Basse Pilot Centres
The Farafenni and Basse Pilot centres were inaugurated and formally opened on the 24 th and
27th of November respectively.
Both the offices were inaugurated by the Governors of the respective regions and the Chief
Executive Secretary of the ADRS, there were 70 invited guests from the communities and
surrounding areas

Constraint:
BUDGET:
EXPENDITURE:

                                               11
BALANCE:

Achievement/Output: Widening the scope of the dispensation of ADR and opening the office
to the public to render ADR services


6.1 Output 4:
Intended Output: Initiatives of Civil Society / Community Based Organizations in
implementation of ADR modalities at the grassroots levels

Output Indicator/ Target: creating increased awareness of ADR in the regions and
decentralising ADR services

6.1.1 Activities: Bansang & Soma Sensitization workshops

Achievement/Output: The workshops was successfully carried out and the participants found
them to be very informative, useful and were also eager participants. A majority of the
participants indicated ADR is needed in their areas to facilitate speedy, affordable access to
justice.

Constraint:

BUDGET:
EXPENDITURE:
BALANCE:


6.1.1 Activities: Procurement of Stationary & Office Equipment
Achievement/Output: Stationary and equipment for the regional pilot centres were procured
to provide the necessary materials to make both centres fully functional and operational so that
they can provide the required services to the people of the respective regions

Constraint:

BUDGET: 135,000
EXPENDITURE: 129,000
BALANCE




                                              12
6.1 Output 4: Debriefing on the Ghana Study Tour
Intended Output:
Capacity of ADR Secretariat strengthened
Output Indicator/ Target: ADR Secretariat strengthened and its services. Utilizing skills and
knowledge gained

6.1.1 Activities
A one day debriefing workshop was held on the 28th of December where the lessons learned from the
Ghana study tour were presented. A briefing was presented on behalf of the group on the activities of
the tour, followed by the opinions of members of the delegation. Recommendations were gathered
from the group to complete the debriefing report. Guest invited to the debriefing were also given the
opportunity to ask questions and make suggestions.

Achievement/Output: Widening the scope of the dispensation of ADR and utilizing ideas,
methods of best practices in the Gambia



6. Lesson Learnt
      Thoroughly working out step-by-step each activity to decipher what they entail to avoid
       having to create additional activities or drastically increase budgets for projects to be
       implemented successfully and also to avoid rolling over some aspects of one activity
       (which were over looked) to the following quarter.

      Develop realistic budgets for activity implementation

      Low project implementation during the rainy season and Ramadan, all projects need to
       take this into consideration when drafting quarterly work plans as activities not
       implemented will roll over and affect the following quarters activities and the quality of
       the activities.

      More time is needed for UNDP to process payments especially in the final quarter of the
       year.

      More vehicles are needed for the implementation of the projects.




                                                  13
7. Recommendations/Suggestions
      More vehicles need to be made readily available for project implementation, especially when
       travelling to the rural areas.

      More M&E visits are needed especially for newly established project sites.

      Higher participation of the UNDP in observing the implementations of activities

      Speedy disbursement of funds to vendors, for travel allowance etc.



8. Success Stories
   1. Sensitization Workshop
Banjul Sensitization

The ‘Banjul sensitization’ was held in December 2009. The reason this sensitization is marked as
a success story is due to the fact that it was the first sensitization workshop held by the ADR
Secretariat and possible one of the most successful to date. The participants included the Chief
Justice of the Gambia, the former Attorney General, Marie Saine-Firdaus; who spearheaded the
ADR initiative and the Paramount Chief. During her speech the former Attorney General stated
that the realisation of ADR in the country has been a dream come true and that this initiative
had to be taken like a bull by its horns. The Chief Justice gave sound advice in telling the
Secretariat not to become bogged down and congested like the court system. This piece of
advice has always been at hand when dealing with matters in the Secretariat.
The sensitization became a forum for the message of ADR to be spread nationwide as there
were numerous chiefs and alkalos present. This aided in the dispensation of information and
created awareness and eagerness. Invitations were being put forward for the Secretariat to
conduct sensitizations in various corners of the country.

Bansang
The Bansang sensitization is also given recognition because the alkalo of Bansang was greatly
moved by the message and quality of the presentations presented that he made a decisive
decision during the sensitization to allocate land for the establishment of an ADR Pilot centre in
the town.

    2. Training of the Secretariat Staff
The training of the Secretariat staff was tailor made to cover a wide range of skills and
knowledge. All the staff members, excluding the senior management were trained. The reason
this training stands out is simply due to the quality and calibre of the trainers utilized in the
training of the staff. The trainers included Dr Henry Carroll- former Solicitor General; Mr.
Raymond Sock- former Solicitor General & Attorney General; Pa Harry Jammeh- Solicitor
General and Hon. Almami Taal of the High Court.


                                                 14
The quality of the presentations and training were far better than anticipated and all the
participants were drawn in and readily absorbed and learned from the highly skilled and
practiced individuals

    3. Establishment of the Pilot Centres.
The main aim of the Access to Justice Programme and the Secretariat is for the decentralisation
of the services of the Secretariat nationwide. This first step was achieved when the new pilot
centres in Farafenni and Basse were established and inaugurated.
The pilot centres are also to be used as a learning tool for the building up of the Secretariat and
the establishment of more centres nation wide .




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