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United Nations Department of Economic and Social Affairs Sustainable Development

Strengthening Afghanistan’s Legal Aid System

(
Government
)
#SDGAction43475
    Description
    Description
    Summary: To strengthen the rule of law and ensure equal access to justice for all, the Ministry of Justice of the Islamic Republic of Afghanistan (MOJ) will collaborate with the International Legal Foundation (ILF) to develop a comprehensive legal aid system that is accessible, effective, sustainable, and credible across Afghanistan.

    This effort will accelerate progress towards realizing Sustainable Development Goal 16. It will advance implementation of Afghanistan’s 2019 Legal Aid Regulation by establishing a Legal Aid High Commission and Secretariat to ensure provision of effective, quality criminal defense services for poor and vulnerable people, and by building the capacity of the Ministry of Justice Legal Aid Department. The acceleration action will take place over a time period of three years, from 2019 to 2022, with beneficiaries across Afghanistan.

    Objectives:
    1. Support the Effective Establishment of Afghanistan’s New Legal Aid System
    2. Build the Capacity of the MOJ Legal Aid Department to Provide Quality Legal Aid Services
    3. Expand the Provision of Legal Aid in Provinces throughout Afghanistan

    Partner Commitments:

    The MOJ is the government agency responsible for the administration of justice in Afghanistan. The MOJ’s vision is implementation of the Rule of Law and equal access to justice for all. The Ministry plays a substantial role in provision of legal aid services to poor and vulnerable persons in Afghanistan, and it will commit leadership, human resources, facilities, and administrative support to facilitate the development of a comprehensive legal aid system that is accessible, effective, sustainable, and credible. For more information, visit https://moj.gov.af/en.

    The ILF is a nonprofit organization that provides quality criminal defense services and builds sustainable, effective legal aid institutions around the world. A leading global advocate for the right to counsel, the ILF has over 15 years of experience delivering legal aid in Afghanistan and provides technical assistance worldwide. It will provide technical assistance and secure funding to advance this project. For more information, visit www.theilf.org.

    Implementation Methodologies:
    Implementation will include: curriculum, resource development; policy advice and development; needs assessments; training workshops; feedback and evaluation; recruitment and staffing.

    Specific Activities:
    1. Support the Effective Establishment of Afghanistan’s New Legal Aid System
    A. Bolster the Legal Aid High Commission and Secretariat
    B. Hold a national consultation on reforms to Afghanistan’s legal aid system
    C. Draft a new National Legal Aid Strategy
    2. Build the Capacity of the MOJ Legal Aid Department to Provide Quality Legal Aid
    A. Establish a Training Unit
    B. Establish a Monitoring and Evaluation Unit
    C. Build the capacity of Legal Aid Department lawyers
    3. Expand the Provision of Legal Aid in Provinces throughout Afghanistan
    A. Establish a formal case referral mechanism between the MOJ and ILF
    B. Embed ILF Afghanistan lawyers in MOJ legal aid offices around the country

    Follow-up Mechanisms and Governance:
    • Base-line surveys and an annual review of MOJ Legal Aid Department staff will be used to measure the Training Unit’s impact and progress.
    • The Legal Aid Department Monitoring and Evaluation Unit will track the quality of legal aid provided.
    Expected Impact

    This effort will yield a comprehensive legal aid system that is accessible, effective, sustainable and credible – strengthening institutions and closing the justice gap for poor communities across Afghanistan. Collaboration between the Ministry of Justice of the Islamic Republic of Afghanistan (MOJ) and the International Legal Foundation (ILF) will accelerate progress towards realizing Sustainable Development Goal 16. This collaboration will advance implementation of Afghanistan’s 2019 Legal Aid Regulation through technical and financial support for the Legal Aid High Commission and Secretariat, as well as building the capacity of the Ministry of Justice Legal Aid Department, in order to ensure provision of effective, quality criminal defense services for poor and vulnerable people. Together, the MOJ and ILF will develop a legal aid system that is tailored to the needs of each locality and ensure the provision of quality legal aid services nationwide. This effort will expand access to legal aid for indigent or vulnerable people who are detained, arrested, suspected of, or charged with a criminal offence across Afghanistan.

    Partners
    Ministry of Justice of the Islamic Republic of Afghanistan (Government)
    International Legal Foundation (non-governmental organization)

    Goal 16

    Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels

    Goal 16

    16.1

    Significantly reduce all forms of violence and related death rates everywhere

    16.1.1
    Number of victims of intentional homicide per 100,000 population, by sex and age
    16.1.2
    Conflict-related deaths per 100,000 population, by sex, age and cause
    16.1.3

    Proportion of population subjected to (a) physical violence, (b) psychological violence and/or (c) sexual violence in the previous 12 months

    16.1.4

    Proportion of population that feel safe walking alone around the area they live after dark

    16.2

    End abuse, exploitation, trafficking and all forms of violence against and torture of children

    16.2.1

    Proportion of children aged 1–17 years who experienced any physical punishment and/or psychological aggression by caregivers in the past month

    16.2.2
    Number of victims of human trafficking per 100,000 population, by sex, age and form of exploitation
    16.2.3

    Proportion of young women and men aged 18–29 years who experienced sexual violence by age 18

    16.3

    Promote the rule of law at the national and international levels and ensure equal access to justice for all

    16.3.1

    Proportion of victims of (a) physical, (b) psychological and/or (c) sexual violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms

    16.3.2
    Unsentenced detainees as a proportion of overall prison population
    16.3.3

    Proportion of the population who have experienced a dispute in the past two years and who accessed a formal or informal dispute resolution mechanism, by type of mechanism

    16.4

    By 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime

    16.4.1
    Total value of inward and outward illicit financial flows (in current United States dollars)
    16.4.2
    Proportion of seized, found or surrendered arms whose illicit origin or context has been traced or established by a competent authority in line with international instruments

    16.5

    Substantially reduce corruption and bribery in all their forms

    16.5.1
    Proportion of persons who had at least one contact with a public official and who paid a bribe to a public official, or were asked for a bribe by those public officials, during the previous 12 months
    16.5.2
    Proportion of businesses that had at least one contact with a public official and that paid a bribe to a public official, or were asked for a bribe by those public officials during the previous 12 months

    16.6

    Develop effective, accountable and transparent institutions at all levels

    16.6.1
    Primary government expenditures as a proportion of original approved budget, by sector (or by budget codes or similar)
    16.6.2

    Proportion of population satisfied with their last experience of public services

    16.7

    Ensure responsive, inclusive, participatory and representative decision-making at all levels

    16.7.1

    Proportions of positions in national and local institutions, including (a) the legislatures; (b) the public service; and (c) the judiciary, compared to national distributions, by sex, age, persons with disabilities and population groups

    16.7.2
    Proportion of population who believe decision-making is inclusive and responsive, by sex, age, disability and population group

    16.8

    Broaden and strengthen the participation of developing countries in the institutions of global governance

    16.8.1

    Proportion of members and voting rights of developing countries in international organizations

    16.9

    By 2030, provide legal identity for all, including birth registration

    16.9.1
    Proportion of children under 5 years of age whose births have been registered with a civil authority, by age

    16.10

    Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements

    16.10.1
    Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of journalists, associated media personnel, trade unionists and human rights advocates in the previous 12 months
    16.10.2
    Number of countries that adopt and implement constitutional, statutory and/or policy guarantees for public access to information

    16.a

    Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime

    16.a.1
    Existence of independent national human rights institutions in compliance with the Paris Principles

    16.b

    Promote and enforce non-discriminatory laws and policies for sustainable development

    16.b.1
    Proportion of population reporting having personally felt discriminated against or harassed in the previous 12 months on the basis of a ground of discrimination prohibited under international human rights law
    Name Description
    Establish an Effective Legal Aid High Commission and Secretariat
    MOJ Legal Aid Department Training Unit Established
    MOJ Legal Aid Department Monitoring & Evaluation Unit Established
    National Consultation on Reforms to Afghanistan’s Legal Aid System
    Financing (in USD)
    Funding for 5-person Secretariat, Training Manager, M&E Manager & consultation sessions
    In-kind contribution
    MOJ facilities; ILF international experts
    Staff / Technical expertise
    MOJ Staff; ILF technical expertise on quality legal aid training
    No progress reports have been submitted. Please sign in and click here to submit one.
    False
    Action Network
    SDG Acceleration Actions
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    Timeline
    01 October 2019 (start date)
    30 September 2022 (date of completion)
    Entity
    Ministry of Justice of the Islamic Republic of Afghanistan
    SDGs
    Region
    1. Asia and Pacific
    Geographical coverage
    Kabul, Afghanistan
    Countries
    Afghanistan
    Afghanistan
    Contact Information

    Ezmarai Osmany, Director of External Relations, Ministry of Justice of the Islamic Republic of Afghanistan