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					                              Report of Orientation/Consultation Workshop on AJDF

1.     Foreword

The establishment of Access to Justice Development Fund (AJDF) represents a major
step forward in assisting under-resourced judiciary with innovative, flexible and
continuous extra-budgetary resources to support the functioning of subordinate
courts, quality of legal education, legal research and legal empowerment initiatives.
The Law and Justice Commission of Pakistan (LJCP) worked assiduously for months
to develop AJDF operational modalities to put 7 AJDF windows in operations. It was
important to keep stakeholders on board and integrate their vital inputs in the
proposed modalities. The first Orientation AJDF Workshop, organized in this spirit,
unquestionably facilitated a frank and candid discussion on the AJDF and its
proposed implementation modalities.


The participants representing High Courts, Supreme Court, Federal Judicial Academy,
Law Colleges, Lawyers and Judges, CSOs and Media were carefully organized into
three sub-groups for focused discussion on draft proposal forms, evaluation process
and criteria, and broad operational guidelines. Each sub group had been assigned a
facilitator to structurally guide discussion and a rapporteur to note key observations
and conclusions.    After the inauguration session, the participants moved in sub-
groups and spent hours reviewing proposed documents and developing agreed
position thereon.   It was comforting to note the seriousness with which each sub-
group held deliberation, arrived at collective feedback on the proposed documents
and shared this with the rest of workshop participants in the concluding session.


I am happy to note that the AJDF Orientation Workshop built a shared vision for
AJDF operations and validated the proposed documents to a large extent. I am sure
the event would go a long way in putting the 7 AJDF windows in operations.



                                                         Dr. Faqir Hussain
                                                              Secretary




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                               Report of Orientation/Consultation Workshop on AJDF



   2. Executive Summary

The Government of Pakistan (GoP) has established Rs. 1479 million Access to Justice
Development Fund (AJDF) to address the issue of chronic budgetary constraints
facing the law and justice sector institutions. The purpose of AJDF is to create an
enabling environment for the deepening of law/justice sector reforms. AJDF
represents a unique component of Pakistan’s ongoing $ 350 million Access to Justice
Program (AJP). By establishing AJDF the GoP has ensured an innovative,
independent and flexible extra-budgetary support to improve the functionality,
independence and service delivery components of hitherto under-resourced judiciary.
It is expected that AJDF resources will help neglected areas to strengthen the
professional functionality of the courts, support improvements in legal education,
legal/judicial research and legal empowerment.

The rationale for creation of this Fund is rooted in the inadequate funding of the legal
and judicial institutions in the country and lack of institutional arrangements for
funding small-scale reform projects in the justice sector.

The Law & Justice Commission of Pakistan (LJCP) is mandated to manage and
administer the AJDF. The LJCP has approved the AJDF Rules and Accounting
Procedure thereby authorizing the Governing Body to activate the Fund. It was
recognized that one of the key requirements for operationalization of AJDF is to
solicit public engagement with the ways AJDF resources are planned to be utilized. In
view of the dire need to disseminate information amongst stakeholders on AJDF,
LJCP decided to bring together stakeholders of the law/justice sectors at one forum
for their feedback to ensure effective utilization of resources available under AJDF.
An orientation and consultation workshop was, therefore, held on Saturday 9 April
2005 in the Ceremonial Hall of the Supreme Court Building, Islamabad to promote
visibility, ownership and understanding of AJDF related activities and processes. This
consultation provided an opportunity for stakeholders to articulate the interests of
the justice sector and enable LJCP to perform its functional responsibilities in an
accountable, transparent and participatory manner.

The LJCP invited the representatives of key stakeholders such as High Courts
(Registrars and focal persons) District & Sessions Courts, Federal Judicial Academy
(FJA), Legal Education Centers, Bar Associations, Ministry of Law (MOL), Civil Society
Organizations, Media & professional organizations to provide their feedback on draft
operational guidelines and other forms as part of finalizing operational modalities of
AJDF. The Chief Justice of Pakistan (CJP) was to preside over the inaugural session
but couldn’t come due to indisposition. His speech on the occasion was therefore
read out by Justice Nasir Aslam Zahid, former Judge of the SCP.

Besides attracting a good amount of media coverage, the workshop succeeded in
finalizing AJDF operational procedures through consultation of stakeholders. It also
was occasion suited to introduce civil society to the LJCP. One of the key objectives
achieved by the workshop was the opportunity to mobilize justice sector leadership
for sustained and constructive engagement in a purposeful consultation on AJDF
processes and activities. Their valuable suggestions and ideas contributed to the
policy inputs needed for successful implementation of AJDF.




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                               Report of Orientation/Consultation Workshop on AJDF

AJDF is located at the federal level under the jurisdiction of the apex body, the LJCP
with special purpose windows each with its own maximum/fixed allocative shares
and ceilings. AJDF currently amounts to Rs. 1479 million but to further supplement
the resources for its capitalization, the AJDF will be open to any future donations and
grants from any source notified by the Government in consultation with the LJCP.


AJDF comprises of seven windows to support activities in the areas of legal/judicial
research, legal empowerment, judicial training, institutional development of
subordinate courts and promoting innovations in legal education. Fraternity of
lawyers, academicians, researchers and civil society organizations can access funds
by submitting project proposals to respective committees of the Fund.
Each year, LJCP will disburse the available profit as per the following percentage;

      i.        Provincial Judicial Development Fund (60.3%)
      ii.       Legal Empowerment Fund Window (13.5 %)
      iii.      Underdeveloped Regions/ Provinces Window (10%)
      iv.       Legal/Judicial Research Window (4.5%)
      v.        Federal Judicial Academy Window4.5%)
      vi.       Innovations in Legal Education Window (4.5%)
      vii.      Fund Management Window (2.7%)

Provincial Judicial Development Fund Window (60.3%) is the biggest fund window to
meet the needs of automation, courts-Infrastructure development, provision of court
related conveniences and amenities to the litigants; and performance reward for the
subordinate judiciary on the basis of supervision reports and recommendations
submitted by the inspection team of the High Courts. Applications for accessing this
window would be filed with the relevant committee of a respective high court.

Legal Empowerment Fund window (13.5%) is another important window which
supports initiatives such as clinical legal aid to clients affected by violation of their
fundamental rights, especially on matters concerned with criminal justice,
representation in public interest litigation, public awareness and legal literacy
campaigns and awareness on legal matters. There will be two committees one
located at the LJCP and the other one formed at the District level. Funds will be
disbursed to support ongoing civil society-led legal empowerment initiatives.

AJDF embodies resources reserved for Federal Judicial Academy (4.5%) to promote
judicial training. The purposes of this window include training programs for the
judiciary including mobile training arrangements and facilities, development of new
courses, especially attempts at innovations, training and education for non-judicial
personnel. The Federal Judicial Academy shall be responsible to ensure utilization of
the amount in accordance with schemes approved by the Governing Body.

Legal Innovations Fund window (4.5%) has been established to encourage
innovation in teaching of legal education and development of curriculum,
improvement in the system of examination, improving standards of legal education
and legal professionals.

The window of Legal and Judicial Research Fund (4.5%) provides resources for
promotion of legal and judicial research aimed at improving the delivery of judicial
and legal services and the quality of the judgments besides support to initiatives to
reform laws and advocacy related endeavors.



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                               Report of Orientation/Consultation Workshop on AJDF

The Special Projects window (10%) will fund the projects to be undertaken in the
under-developed provinces and regions. Amount allocated for this window shall be
expendable on projects related to the purposes of improving access to justice, legal
empowerment, legal innovations and legal and judicial research. Projects shall have
to be submitted by authorities from the Provinces/regions of the country.
Fund Management Window (2.7%) provides resources for meeting the needs of
managing and administering the Fund.
In summary, it is hoped that AJDF workshop provided a valuable experience for
participants to understand AJDF. It is also expected that AJDF resources will go a
long way in improving the service delivery and strengthen judicial independence by
providing additional resources to the courts, side by side with their annual budgetary
allocations.

3.     Message of the Chief Justice of Pakistan


Following is the text of the speech of Justice Nazim Hussain Siddiqui, Chief Justice of
Pakistan.
“I am pleased to welcome you all at the orientation workshop on Access to Justice
Development Fund (AJDF). As you are aware, the workshop has been organized by
the Secretariat of the Law and Justice Commission of Pakistan with a view to
promote understanding and visibility of AJDF. It is further to involve and solicit
suggestions from learned professionals and stakeholders, such as you, on how to
improve the management and disbursement process of the Fund. I’m glad to note
that important stakeholders of the justice sectors are present here and I am quite
sure they will significantly contribute to the formulation of a meaningful operational
strategy for AJDF.
AJDF indeed marks a positive step taken by the Federal Government to address
some of the neglected areas such as legal empowerment, legal/judicial research,
court infrastructure development etc. I hope this workshop will generate valuable
ideas and suggestions, which will enable LJCP to implement AJDF in an accountable
and transparent manner.
It is my considered opinion that judiciary has historically suffered under-resourcing
which seriously affected the way justice services are provided to citizens. Not only
the service delivery component of judiciary has been hit by lack of resources but lack
of finances has also resulted in provision of poor facilities for litigants, inadequate
courtrooms, poorly equipped court staff and insufficient financial incentives. All this
has indirectly led to huge backlogs, pendency and delays. It is my understanding
that an independent and flexible venue for resources such as AJDF, will go some way
in addressing all these budgetary constraints of the justice sector institutions
I am conscious of the fact that our judicial system is confronted with numerous
issues and problems related to quick and inexpensive dispensation of justice.
However, to be fair to the institution of judiciary, let me clearly state that the
problem of delays in civil and criminal trial is neither new nor unique in the context
of Pakistan. It is an old and chronic problem that is manifest around the globe. It is
not just the developing countries that are afflicted by this plague; indeed, the
advanced countries too are feeling the pinch of ever-increasing litigation, and
consequently, expanding prisons. Realizing the magnitude of the problem, many a
countries have devised strategies and formulated mechanisms for reforming their
legal and judicial systems. They have put in place measures aimed at discouraging



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frivolous cases, encouraging alternative methods of dispute resolution and
quickening the trial proceedings. But we in Pakistan have not been able to fully and
effectively utilize the alternative avenues for justice service delivery. It is about time
we adopt measures, which discourage needless litigation and promote rapid disposal
of caseload. In this regard, the judiciary and the bar could jointly play a positive role.
Many of the trial hiccups and needless adjournments can be avoided, if only the bar
would cooperate and the presiding judge be in control of the trial process. It is
regrettable that the most beneficial provisions of the Civil Procedure Code and
Criminal Procedure Code are being abused and misused by the parties and their
lawyers. The procedure is aimed at expediting trial proceedings in a just and fair
manner. It operates as a bulwark against any instance or eventuality of abuse of the
judicial process. Procedure indeed prevents the miscarriage of justice. I may
emphasise, once again, that the bench and bar must cooperate and coordinate to
plug the loopholes in the administration of justice. This is the minimum that the
citizens demand and expect of the administration of justice. Only then may be
judicial system enjoy the trust and confidence of the public.
Let me take this opportunity to state that ever since the creation of Pakistan,
successive governments attempted to reform the system of administration of justice,
with the objective to providing access to justice, ensuring fast redressal of
grievances and expeditious settlement of claims and disputes. For this purpose,
several commissions/committees were set up to suggest reform of the
laws/procedure and the system of judicial administration; and fairly comprehensive
reports were complied, some of which were implemented, while others ignored.
Unfortunately, most crucial problems viz. chronic shortage of judicial officers and
support staff, inadequate infrastructure facilities, amenities for the lawyers and
litigant parties in court premises and unfavorable terms and conditions of service of
judicial officers and staff, were generally ignored. Sufficient attention was not paid to
the requirement of periodic and systematic law reform to bring the legal system in
tune with changing times and emerging realities. A variety of factors are responsible,
ranging from shortage of judges and court staff to improper court management and
inefficient case processing. These are indeed serious issues, some emanate due to
factors within the court and others outside the court, but they all pose a challenge to
the system. I think with a well thought out strategy and a realistic vision we can
effectively resolve them. The Law and Justice Commission and the National Judicial
(Policy Making) Committee are functional and playing their role. They discuss and
deliberate on various legal and judicial reform proposals and forward their
recommendations to the Government for implementation. These are useful
institutions – independent and impartial, and their recommendations are mostly
approved by Parliament, within consensus. What is however required is that the
recommendations should be quickly processed and placed before the Parliament or
Provincial Assembly, as the case may be.
It is my hope that for the first time an innovative way is being adopted in the shape
of resources available under ADJF, which I believe will help resolve some of the
critical problems facing our judicial system.
It is rightly said that predictability and fairness are the hallmarks of the legal and
judicial system. In the context of Pakistan, the basic problem of judicial
administration relates to questions of transparency and accountability, case
management, and delay reduction, automation and court information systems,
human resource and infrastructure. The NJPMC is cognizant of the issues and
problems. An important step towards transparency and accountability is the
publication of courts’ annual reports by the Secretariat of LJCP. I trust this initiative


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                                Report of Orientation/Consultation Workshop on AJDF

will continue and the public will be regularly informed of judicial statistics and
expenditure on administration of justice in the country.

Our reform vision should be such that focuses on the redressal of grievances of the
litigant public. Our struggle must ensure clearance of backlog and expeditious
dispensation of justice. This is our duty and responsibility, which has been bestowed
on us by virtue of the highest judicial posts, we occupy. The powers we possess and
functions we perform are a trust we hold. We must stand up to this trust in the best
possible manner while making best use of our energies, talent and hard work.

I would like to end my speech by saying that a transparent and accountable judiciary
is the only way to establish a stable and predictable system in the country. Without
strengthening these crucial areas of judicial governance our efforts launched for a
strong and independent judiciary will remain meaningless. I am confident that with
increased participation and proper guidance from you, this workshop will come up
with concrete steps needed to strengthen our judicial system through enhanced
availability of resources. Necessary manpower is being provided to the Secretariat of
LJCP to manage and administer the AJDF in a professional and effective way.”


4.       Speech of Secretary LJCP

In his comprehensive speech, Dr. Faqir Hussain, Secretary, LJCP presented an
overview of not only AJDF but also dilated on the functions, mandate and role of Law
and Justice Commission of Pakistan and National Judicial (Policy Making) Committee
(NJPMC).

Referring to the composition of LJCP he said that the Commission is headed by the
Chief Justice of Pakistan and comprises twelve other members including the Chief
Justices of the superior courts, Attorney General for Pakistan, Secretary, Ministry of
Law & Justice, Chairperson, National Commission on the Status of Women and one
representative from each of the four provinces. He explained the functions of LJCP
which are as follows:

        carrying out a regular and systematic review of the statutes and other laws of
         the land, with a view to improving/modernizing the same and bring it in
         accord with the changing needs of the society;
        arranging the codification and unification of laws, so as to eliminate
         multiplicity of laws on the same subject;
        removing inconsistencies between Federal and provincial laws;
        simplifying laws for easy comprehension and suggesting measures to make
         the society law-conscious;
        introducing reforms in the administration of justice;
        adopting simple and effective procedure for the administration of laws to
         ensure substantial, inexpensive and speedy justice;
        recommending improvements in the quality/standard of legal education.
        LJCP Functions
        taking measures for developing human resources for efficient court
         administration and management of case flow;
        co-ordination between the judiciary and executive authorities of the Federal
         Government and provincial governments on administrative, financial and
         other related matters;




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                               Report of Orientation/Consultation Workshop on AJDF

      preparing and operating schemes for access to justice, legal aid and
       protection of human rights;
      managing the Access to Justice Development Fund;
      the Federal Government or any provincial government may seek the opinion
       and advice of the Commission on any matter relevant to its functions.

Dr. Faqir Hussain also made a reference to the National Judicial (Policy Making)
Committee. He informed the workshop participants about the Secretarial support
being provided to the NJPMC by the LJCP Secretariat. He explained the composition
of NJPMC which is headed by the Chief Justice of Pakistan and includes Chief Justice,
Federal Shariat Court and Chief Justices of four provincial High Courts. The
Secretary, LJCP is designated as Secretary to the Committee.

The functions of NJPMC are:

      improving the capacity and performance of the administration of justice;
      setting performance standards for judicial officers and persons associated
       with performance of judicial and quasi-judicial functions;
      improvement in the terms and conditions of service of judicial officers and
       court staff, to ensure skilled and efficient judiciary; and
      publication of the annual or periodic reports of the Supreme Court, Federal
       Shariat Court, High Courts and courts subordinate to High Courts and
       Administrative courts and Tribunals.

Talking about the responsibilities of LJCP Secretariat, Dr. Faqir Hussain said that the
Commission’s Secretariat is headed by a Secretary and comprises posts for research
and ministerial staff. The sanctioned research posts include two Joint Secretaries,
two Deputy Secretaries and two Research Officers. The ministerial staff’s sanctioned
strength is 48 personnels. In keeping with the expanded role of the Commission,
additional staff has been sanctioned by the Government. The process of recruitment
is in hand, Secretary LJCP added in his presentation.

Outlining the objectives of hosting the consultative workshop, Secretary LJCP said
that workshop has been planned to ensure orientation of concerned
officials/stakeholders. In addition to dissemination of information on AJDF, the
workshop is consultation with experts, professionals and activists to get input on how
to improve the design, implementation, monitoring, accounting, auditing
mechanisms of AJDF. He further noted that the workshop is a step towards
accountability and transparency of fund management and utilization.

After explaining the role of LJCP and NJPMC, Dr. Faqir Hussain briefly introduced the
purpose, rationale and objectives of creating AJDF. He said that AJDF is a statutory
endowment (Rs 1479 m) which was established in view of chronic under-resourcing
of justice sector institutions. Acknowledging the value of AJDF as an additional
source to strengthen the capacity of subordinate courts, he maintained that lack of
resources has strong linkage with judicial independence. He however sounded
cautious in enumerating the benefits of AJDF by saying that management of AJDF
also represents a challenge to Judiciary, which is represented through the LJCP and
NJPMC. The LJCP therefore has a huge task to perform in effectively managing and
administering the AJDF, he added.

Secretary LJCP in his remarks described the main objectives of establishing the
AJDF. He said that AJDF will help improve Justice Sector Service Delivery besides


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                               Report of Orientation/Consultation Workshop on AJDF

promoting innovations/ research in law and judicial system, judicial training, legal
education and support to legal aid and empowerment. His presentation noted that
AJDF is an innovative, independent and flexible additional source of income for the
justice sector as reflected in the AJDF windows such as Provincial Judicial
Development Fund (PJDF) (60.3%), Legal Empowerment Fund (13.5%),
Legal/Judicial Research (4.5%), Innovations in Legal Education (4.5%), Federal
Judicial Academy (4.5%), Underdeveloped Regions/Provinces (10%) and Fund
Management Window (2.7%).

While explaining the AJDF Governance Structure, Secretary LJCP said that to manage
and administer the Fund, LJCP has constituted a Governing Body of AJDF headed by
the Chief Justice of Pakistan and includes 4 Chief Justices of the High Courts,
Secretary Finance, Secretary, Law and Secretary, LJCP. An Investment Committee
of AJDF, with representation from Finance and State Bank is responsible for
investment of the Fund. Dr. Faqir Hussain also pointed out that to effectively manage
the fund, LJCP is undertaking steps to establish Window Specific Technical
Committees, involving relevant stakeholders of law and justice sectors. He elaborate
that AJDF Operational Framework is guided by the AJDF Rules 2002, AJDF
Accounting Procedures 2004 and AJDF operational guidelines including appraisal
criteria, project proposal formats and checklists.

To ensure transparency, effectiveness and timeliness of implementation of the
approved projects, a coherent and sound Monitoring & Evaluation (M&E) system is
being established at the LJCP Secretariat. This M&E system will ensure regular
progress, reporting by implementing agencies (HCs, FJA, DLECs) and contracted
organizations/individuals. This system will look at the progress activities particularly
maintaining an effective financial and auditing arrangements.

AJDF Implementation Schedule was also shared with the audience. It was informed
that steps have been initiated to release of funds to the HCs and the process is
underway to notify relevant technical committees. After completing the institutional
arrangements for the management of AJDF, LJCP is taking steps for invitation of
proposals, appraisal of proposals, award of contracts. implementation and monitoring
of the sponsored projects.

In his presentation, Dr, Faqir Hussaind candidly briefed the workshop participants
about the current LJCP capacity and what are the possible AJDF Operationalization
Issues which in his view ought to be addressed for effective utilization of AJDF
resources. He said that capacity to manage and administer funds effectively needs to
be strengthened along with capacity to monitor and report progress on
implementation status of projects.

While concluding his presentation, Dr. Faqir Hussain briefly touched on the need to
promote policy dialogues on AJDF and prepared materials for public information
about the AJDF processes, systems and activities. For this, Secretary LJCP said that a
clear and coherent communication strategy for AJDF will be developed. Apart from a
communication strategy, LJCP will also publish details of AJDF in the LJCP Annual
Report, circulate a newsletter and upload AJDF related information on LJCP website
for public information. He further stressed the need to hold more workshops and
seminars on AJDF in order to expand the scope of AJDF activities and promote
understanding about the purpose of establishing AJDF.




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                              Report of Orientation/Consultation Workshop on AJDF

5. Design of Orientation/Consultation Workshop

The AJDF workshop was marked by its focused thematic discussions on a particular
aspect of AJDF. The whole idea was to first explain AJDF procedures and then to
finalize feedback in consultation with stakeholders on AJDF operating procedures.

The workshop format was spread over the entire day consisting of inaugural, plenary
and concluding sessions. The first session was followed by a comprehensive
presentation made by the Secretary, LJCP who dilated on different aspects of AJDF.
After the presentation, the workshop participants formed three small groups each
dedicated to finalize their feedback on AJDF operational procedures. After developing
a     consensus      on      AJDF     operational   procedures,     the     workshop
findings/recommendations shared in a presentation form by each group at the
closing session.

The first group on Provincial Judicial Development Fund (PJDF) mainly comprised of
representatives of the four High Courts. The second group was represented by non-
governmental organizations, lawyers and members of bar. The last group was
formed by representatives of the Federal Judicial Academy (FJA), members of bar,
law schools and legal/judicial research experts.

A senior participant of each group was asked to chair the sessions while a moderator
conducted the proceedings and a rapporteur noted down the points related to AJDF
operational procedures and guidelines. The role of moderator was to first of all
explain the objectives of specialized windows, objects of financing, amount available
etc. After giving a detailed overview of the window, moderator presented operational
procedure before the participants to finalize their feedback on the proposed
forms/formats, structures and procedures of AJDF. During the course of interactive
session, the rapporteur prepared a list of specific recommendations which were
shared at the plenary by the Chair of each working group.

The plenary session of the workshop witnessed an absorbing interaction among
stakeholders. After presentations made by representatives of three groups, the floor
was open for discussion on the overall AJDF program in general and the findings of
each working group in particular.

6. Working Groups

6.1 Group-I Provincial Judicial Development Fund (PJDF)

Proceedings

The group on Provincial Judicial Development Fund (PJDF) consisted of registrars,
AJP focal persons in the HCs, subordinate courts judges, officials from Ministry, LJC
staff and AJP consultants. This group focused on the funds available, window specific
objectives of the fund, procedures and operational requirements of activating the
PJDF committees to manage the shares of the High Courts. After giving an overview
of PJDF, Mujib Khan (AJP Team Coordinator) shared the following table with the
participants to make them aware of the actual amount to be made available to each
district.




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                                   Report of Orientation/Consultation Workshop on AJDF

                       Assessment of Resource Availability under
                 Provincial Judicial Development Fund Window of AJDF

                                                         PJDF Resource Availability
                                                                in Districts
                                             # of        Estimated     Estimated
                                             district      share       share
                      % of                   In
                      AJDF         Amount    provinces      Annual          Monthly

 1      Total            60.3       34.97         108    323,833         26,986

 2      Punjab            52.1       18.22          34   535,822         44,652

 3      Sindh             21.0        7.33          21   348,907         29,076

 4      Balochistan          9.8      3.42          29   117,826         9,819

 5      NWFP              17.2        6.01          24   250,501         20,875


It was pointed out that percentages and amounts against the provinces have been
worked out on the basis of NFC formula used in the distribution of national
resources, including the resources available under the Access to Justice Program
(AJP) as per the Finance Division policy on the subject.

Recommendations

After discussing comprehensively the various aspects of PJDF, the participants
developed a consensual set of recommendations. There are as follows;

   i.     Level of execution of PJDF; HC or District – be left to the respective HCs.
  ii.     PJDF committee; rules of business to be made by the HC but consistent with
          the AJDF rules/procedure.
 iii.     PJDF should have membership from the district judiciary; and could have
          membership from provincial P&D and Finance Departments.
 iv.      If managed at the Provincial HC, then PJDF invite proposals from all district
          but approve the best ones no matter which district it came from.
  v.      PJDF invites proposals but approves some schemes for each district
 vi.      If managed at the District level, then a district committee be formed
vii.      Distribution among districts;
viii.     Base amount for all
 ix.      Rest on some criteria to be evolved by the PJDF
  x.      HCs may ask for more frequent reports from Districts than 6 months. These
          will be verified accounts (not the audited ones) which will be arranged for the
          LJCP.
 xi.      Infrastructure schemes should have formal involvement of the C&W
          department
xii.      LJCP should release funds to provinces who have opened their accounts and
          have formed committees
xiii.     There should be some provision for the HC expenses on management of AJDF
          (adverts, stationary etc)
xiv.      Forms and formats should be simplified


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                                  Report of Orientation/Consultation Workshop on AJDF

  xv.     Workshops should be held in the provinces to explain these forms and
          processes
 xvi.     AJDF moneys are non-lapsable but cannot be invested in income generating
          schemes, meant for expenditure
xvii.     There should be direct purchase procedure for petty purchases (no 3
          quotations); simplified forms / procedure for smaller schemes (say up to Rs.
          50,000) and detailed forms and procedures for larger schemes
xviii.    M&E is the responsibility of the executing agency, DSJ if managed at the
          District level, but also at the HC level
 xix.     HC basically responsible for the proper use of funds and will verify District
          statistics before passing it on to LJCP

 6.2. Group-II Legal Empowerment

 Proceedings

 The Legal Empowerment Fund group generated interesting exchange of views on the
 purposes of the Legal Empowerment Fund Window, its objects of financing, potential
 areas of legal empowerment, available resources and funds management
 responsibility. Majority of the participants hailed from civil society and they were
 delighted to attend a workshop organized by the Government institution to sensitize
 civil society about the available resources to support legal empowerment activities.
 Zia Awan of Lawyers for Human Rights and Legal Aid (LHRLA) chaired the session
 while Zia Hashmi (AJP consultant) moderated the group proceedings. The raporteur
 Rizwan Mehboob facilitated the discussion and jotted down relevant and important
 points. Zia Awan presented the group recommendations in the plenary session.


 Recommendations

 The group came up with the following recommendations;

    i.    Expand the scope of objects of expenditures under legal empowerment fund
          window;
    ii.   Increase the number of objectives defined in the legal empowerment window;
   iii.   Implement legal empowerment strategy, the programming focus should be on
          judiciary, legal fraternity, police, public, District government, jail, probation,
          prosecution, bar councils, law/institutional reforms and legal aid for victims of
          special circumstances;
  iv.     Formulate paralegal training modules;
   v.     Enhance funds allocated for legal empowerment projects, one way is to
          abolish District legal empowerment committee, LJCP should manage the
          entire fund available under legal empowerment fund window;
  vi.     Identify legal empowerment gaps;
  vii.    Funds should be spent to support strengthening of the focal points for public
          information at local judicial system;
 viii.    Simplified dissemination mechanism about the legal empowerment funds;
  ix.     The networking and compilation of already undertaken initiatives;
   x.     Relate legal empowerment funds to the legal research;
  xi.     Payment release on time for targeted and timely implementation of projects;
 xii.     Code of conduct between LJCP and implementing agency to ensure
          accountability;




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 xiii.      MOU to be signed between LJCP and implementing agency to ensure effective
            and transparent implementation of legal empowerment activities;
xiv.        Simplify proposal submission mechanism;
 xv.        Constitute a legal empowerment committee with rotational membership;
xvi.        Encourage launch of legal empowerment projects in the rural areas;
xvii.       Capacity building component should be built in the project proposal format to
            ensure sustainability of the funded projects;
xviii.      Conduct legal needs survey to determine the needs and demands of the
            vulnerable for legal aid and rights awareness;
 xix.       Support public dissemination, sensitization and discussion on legal
            empowerment issues;
  xx.       Involve media in disseminating information on legal empowerment funds
            opportunities;
 xxi.       Appreciate best practices of legal empowerment work.

         Evaluation Criteria

    i.      Proposal criteria should give importance to a project proposal which is
            innovative, strong Monitoring & Evaluation system, common experts for
            management of funds;
    ii.     Enabling provision for additional funding;
   iii.     Preference should be given to NGOs with greater outreach;
  iv.       Support to build association of CSOs for project implementation;
    v.      Mid term review commitments;
  vi.       Should include component of counterparts funds;
  vii.      Relate project proposal activities to policy dialogues for real change in the
            legal framework which often leads to problems of legal empowerment.


 6.3. Group-III FJA/Research/Legal Education

 Proceedings

 A wide range of stakeholders of the law and justice sectors participated in the group
 on Federal Judicial Academy, Legal/Judicial Research and Legal Education. Their
 interest mainly revolved around the operational guidelines, objectives of different
 windows of AJDF, objects of financing, governance structures and funds
 management responsibility for implementing the projects. Justice (Rtd) Nasir Aslam
 Zahid chaired the session. He represented not only a law school but also an active
 organization working in the field of legal empowerment. He contributed useful ideas
 to the workshop proceedings. Mr. Arsalan Hanif moderated the group session and
 Barrister Saif Ali facilitated the discussion amongst the participants. Chaudhary
 Hasan Nawaz, Director General, Federal Judicial Academy presented the
 findings/recommendations of the group in the plenary.




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                                 Report of Orientation/Consultation Workshop on AJDF

Recommendations

While validating the rest of the operational procedures, the group recommended the
following points to further refine the AJDF procedures with regard to specific
windows;

a.        FJA Window

     i.   FJA will develop training/capacity building proposals based on its training
          needs and submit it to the LJCP;
  ii.     LJCP delegates powers to a committee comprising of Secretary LJCP, DG, FJA,
          an officer of LJC nominated by Secretary LJCP as Secretary of the committee
          to review and approve training proposals;
 iii.     Committee approves funding by allocating the required amount to the FJA;
iv.       FJA implements approved proposals;
  v.      Government rules for incurring expenditures apply;
vi.       FJA prepares half yearly and annual verified expenditures/accounts;
vii.      FJA maintains separate receipts/expenditures account along with itemized
          statement on monthly basis accompanied by receipt invoices, vouchers and
          supporting material;
viii.     Auditor General of Pakistan conducts auditing procedures of the Fund.

b.        Legal/Judicial Research Window

     i.   LJC forms a legal/judicial committee comprising of DG of FJA, 2
          representatives of Law Colleges, representation of Pakistan Bar Council
          nominated by Vice Chairman Bar Council and Secretary, LJCP; an officer to
          act as Secretary for making minutes etc to be nominated by Secretary, LJCP;
  ii.     Auditor General to conduct audit of the resources spent under the
          legal/judicial research window.

c.        Fund for Innovations in Legal Education

     i.   LJCP forms a legal innovations fund committee comprising of HEC member, 2
          Academia, representation of Bar Council nominated Vice Chairman, Bar
          Council from the Legal Education Committee, Secretary, LJCP, and Secretary
          of the committee to record minutes from LJC to be nominated by Secretary,
          LJCP;
  ii.     Auditor General of Pakistan shall conduct audit of the accounts maintained
          under the legal education window.

d.        AJDF Operational Guidelines

   i.     Make para (E) simple & specific
  ii.     Marks/scores indicated in the evaluation criteria to be deleted;
 iii.     Committee may consider the desirability of simplifying the evaluation criteria
          and guiding principles and may reduce the number of guidelines.




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                               Report of Orientation/Consultation Workshop on AJDF

Annexure-I

                  ACCESS TO JUSTICE DEVELOPMENT FUND (AJDF)
                    Orientation/Consultation Workshop 9 April 2005

                               AJDF Workshop Brief

A. Introduction

1. The Government of Pakistan (GoP) has established Rs. 1479 million Access to Justice
Development Fund (AJDF) as a statutory endowment to address the chronic budgetary
constraints facing the justice sector institutions. AJDF represents a unique component of
Pakistan’s ongoing $ 350 m Access to Justice Program (AJP). By establishing AJDF the
GoP has ensured an innovative, independent and flexible extra-budgetary support to
improve the functionality, independence and service delivery components of hitherto
under resourced judiciary.

2. AJDF is located at the federal level under the jurisdiction of the apex body, the Law
and Justice Commission (LJC) with special purpose windows each with its own
maximum/fixed allocative shares and ceilings. AJDF currently amounts to Rs. 1479
million but to further supplement the resources for its capitalization, the AJDF will be
open to any future donations and grants from any source notified by the Government in
consultation with the Law and Justice Commission. AJDF is a statutory endowment, the
principal amount is meant for investment to generate income to meet the purposes of
the AJDF on a sustainable basis. The initial amount of Rs 58 million is available for
disbursement to operationalize the fund windows. Each year, LJC will disburse the
available profit as per the following percentage;

      viii.    Provincial Judicial Development Fund (60.3%)
      ix.      Legal Empowerment Fund Window (13.5 %)
      x.       Underdeveloped Regions/ Provinces Window (10%)
      xi.      Legal/Judicial Research Window (4.5%)
      xii.     Federal Judicial Academy Window4.5%)
      xiii.    Innovations in Legal Education Window (4.5%)
      xiv.     Fund Management Window (2.7%)

B. Orientation/Consultation Workshop
3. One of the key requirements for operationalization of AJDF is to solicit public
engagement. There is a dire need to share and disseminate information on AJDF. It is
essential that stakeholders are brought together at one forum for their feedback to
ensure effective utilization of resources available under AJDF. Poor visibility and lack of
public knowledge about AJDF necessitates holding of a consultation workshop with
stakeholders. This consultative process will provide opportunity for stakeholder to
articulate the interests of the justice sector and enable LJC to perform its functional
responsibilities in an accountable, transparent and participatory manner. The purpose of
AJDF is to create an enabling environment for the deepening of justice sector reforms.
Besides promoting visibility, such a consultative process will also yield awareness and
understanding about AJDF disbursement mechanisms and operational strategy. With an
aim to build an informed ownership of AJDF, LJC proposes to hold a national level
orientation workshop on the objectives, structure and operational strategy to manage
the AJDF.




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                               Report of Orientation/Consultation Workshop on AJDF

C. Objectives of Orientation Workshop

4. LJCis organizing this consultation workshop to achieve the following objectives;
    a) finalize AJDF operational procedures through consultation of stakeholders;
    b) introduce civil society interested in the justice sector reforms to the LJC;
    c) mobilize justice sector leadership for sustained and constructive engagement
       in a purposeful consultation on AJDF processes and activities; and
   d) promote awareness, visibility and understanding about purposes of AJDF and
       functions of LJC with a view to enable stakeholders to make policy inputs and
       work for successful implementation of AJDF.

D. Activities

5. The following activities will be carried out at the workshop;

         i.       To disseminate information on how to access funds under AJDF;
         ii.      To distribute information paper on AJDF for guidance and
                  reference;
         iii.     To identify potential project activities; and
         iv.      Formation of three groups to discuss/debate key issues under
                  specified areas;
         v.       To distribute AJDF forms and formats, criteria and guidelines for
                  feedback;
         vi.      Group presentations.


E. Key Outputs

6. The consultative workshop will achieve the following main outputs;

         i.       Workshop report containing results and recommendations by the
                  stakeholders; and
         ii.      Common understanding on AJDF reached.

F. Workshop Design & Format

8. The one-day workshop is structured to have inaugural, plenary and concluding
sessions. Secretary, LJC will make a comprehensive presentation in the inaugural
session on different aspects of AJDF. His presentation will be followed by formation
of three small groups dedicated to finalize their feedback on AJDF operational
procedures. The groups will move to assigned locations at the venue of the
workshop. The participants of three groups are expected to take part in interactive
discussions and provide their feedback to finalize AJDF operational procedures. After
developing a consensus on AJDF operational procedures, the workshop
findings/recommendations will be shared in a presentation form by each group at the
closing session.

G. Time & Duration

9. The daylong workshop is scheduled to take place on 2 April 2005 at the
Ceremonial Hall of Supreme Court on Saturday. The workshop shall start at 10:00am
and ends at 5:30pm.



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                              Report of Orientation/Consultation Workshop on AJDF

H. Participants

10. The multistakeholder consultation process on AJDF would comprise of
representatives of High Courts (focal person and registrars), HCs nominated District
Judges, members of Federal Judicial Academy (FJA), Legal Education Centers,
members of the Bar, Ministry of Law (MOL), Finance Division, members of Civil
Society Organizations, Media & professional organizations with interest in access to
justice, human rights or governance. The Chief Justice of Pakistan (CJP) has
consented to preside over the inaugural session of AJDF workshop.




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                                Report of Orientation/Consultation Workshop on AJDF

Annexure-II

                       Orientation/Consultation Workshop
                   Access to Justice Development Fund (AJDF)
                                     9 April 2005


                                       Program
Inaugural
10:00          Arrival of the Chief Guest
10:00 10:05 Recitation from the Holy Qura’n
10:05 10:20 Presentation by Secretary, LJCP
10:20 10:35 Inaugural Address by the Chief Justice of Pakistan
10:35 10:37 Vote of Thanks
10:37 11:00 Tea Break


Session I


11:00 1:00     Participants to organize into three groups for deliberations, findings &
                recommendations on AJDF
               Group-I (PJDF)
               Group-II (Legal Empowerment Fund)
               Group-III (FJA, Legal Education/Research)
1:00    1:45   Lunch/ Prayer
Session II


1:45    3:30   Group deliberations/findings & recommendations continue


Plenary        Feedback from Groups
3:30    3:40   Presentation by Group-I
3:40    3:50   Presentation by Group-II
3:50    4:00   Presentation by Group-III
4:00    5:20   Discussion on Group Presentations
5:20    5:30   Concluding Remarks by the Secretary, LJCP
5:30           Refreshments
Ends.




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                                Report of Orientation/Consultation Workshop on AJDF

Annexure-III
                 Access to Justice Development Fund (AJDF)
                    Orientation/Consultation Workshop
                                 9 April 2005

                                   Sign-In- Sheet

S.   Name
No                                Organization/Designation
     Justice (Rtd) Nasir          President, Society for Women Welfare & Legal Aid
1    Aslam Zahid                  and Chairman, Hamdard Law School Karachi


2    Justice (Rtd) Fazal          Senior Judicial Reforms Advisor, Access to Justice
     Karim                        Program

3    Justice (Rtd) Khalil-ur-     Rector, International Islamic University Islamabad
     Rehman

4    Qazi M. Jamil                President, Supreme Court Bar Association

5    Ch. Hasan Nawaz              Director General, Federal Judicial Academy.


6    Budha Khan                   Registrar, Supreme Court of Pakistan


7    Muhammad Sher Shah           Registrar, Peshawar High Court
8    Zafar Sherwani               District Judge Karachi East.
9    Shaukat Memon                Registrar Sindh High Court
10   Atiq-ur-Rehman               District and Session Judge, Inspection Balochistan
11   Muhammad Masood              Princial, Central Jail Staff Training Institute Lahore.
     Khan
12   Maqsood-ul-Hasan             Addl. Registrar, Lahore High Court, Lahore.
13   Mohammad Tariq               Add. Member Inspection Team III, Peshawar High
                                  Court
14   Khalid Parvez                SAFRON
15   Mansoor Ali Khan             Deputy director, Federal Judicial Academy (FJA)
16   Mohammad Ali Saif            Legal Reforms Specialist-AJP
17   Arsalan Hanif                Financial Management Specialist-AJP
18   S. Rizwan                    Research & Communication Specialist-AJP
19   Abbas Ali Shah               Empowerment Co-ordinator SPARC
20   M. Humair Karim              Monitoring & Evaluation Specialist-AJP
21   Syed Anwar Aftab             M&E High Court of Balochistan, Quetta.
22   Zia Hashmi                   Asstt. Civil Society & Legal Empowerment
                                  Specialist-AJP
23   Ayesha Durrani               Aurat Foundation
24   Zia Awan                     President, Lawyers for Human Rights and Legal Aid
                                  (LHRLA)
25   Arshad Shaikh                Online
26   Mushtaq Hussain              P. A .S
27   Muhammad Iqbal               AR (Gen)


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                              Report of Orientation/Consultation Workshop on AJDF

28   Moeen Cheema               LUMS
29   Huma Chughtai              Director National Assembly
30   Shahnaz Bukhari            Director Progressive Women Association
31   Mir Atiq                   Associated Press Pakistan
32   Mohsin Kiyani              Advocate
33   Qazi Bilal                 Online (News Agency)
34   Peter Robertson            Asian Development Bank
35   Mohammad Aslam             Superintendent
36   Dr. Faqir Hussain          Secretary, Law and Justice Commission
37   Malik Iqbal                Joint Secretary, Law and Justice Commission
38   Sadia Bokhari              Legal Empowerment Specialist
39   M. Majid Bashir            AJP Focal Person, Federal Judicial Academy
40   Nahida Mehboob Elahi       Deputy Attorney General
                                Supreme Court Building
41   Naeem Baig                 Project Director, Access to Justice Program
42   Murtaza Khan               Law and Justice Commission
43   Akhlaque Hussain Larik     MIT-II Sindh High Court
44   Mujib Sadozai              Team Coordinator, Access to Justice Program
45   M. Shakir Baloch           PBC News
46   Dr. Altaf Ali              Project Coordinator, Centre of Excellence in Legal
                                Education, Higher Education Commission
47   Hafiz S.A. Rehman          Sr. Advocate Supreme Court



48   Dr. Tahir Ali              Research Officer, Law and Justice Commission

49   Fozia Jalal                Research Officer, Law and Justice Commission

50   Shaikh Habib-ur-           Deputy Secretary, Law and Justice Commission
     Rehman




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