INTRODUCTION
Outcome to be evaluated and objectives of the evaluation
In the third quarter of 2008, the UNDP Country Office in Ghana will conduct an outcome evaluation to assess the improvement of access to justice and the respect for basic and human rights, as outlined in the Country Programme Action Plan (CPAP) of UNDP Ghana.
The outcome evaluation shall assess the following:
Outcome analysis involves assessing the progress made toward achieving specific outcomes, considering both contributing factors and constraints In addition, output analysis focuses on identifying the factors that contribute to or hinder success, while evaluating the extent of the UNDP's contribution through related project outputs, which includes a thorough analysis of both project activities and soft-assistance initiatives.
(iii) Output-outcome link - Assess the contribution UNDP has made/is making to the progress towards the achievement of the outcome; and
(iv) Assess partnership strategy in relation to outcome.
The results of the outcome evaluation will be used to guide future programming In this regard the evaluation will:
Identify strengths and weaknesses in the current Programme/Projects in respect of the stated outcome
Extract lessons and best practices for futures interventions
Propose better ways of coordinating donor interventions in the sector
Identify priority areas of focus for future programming.
Strategic framework
The UNDAF aligns with national priorities outlined in the Growth and Poverty Reduction Strategy (GPRS II) for 2006-2009, formally recognizing its outcomes as strategic contributions to these priorities Spanning from 2006 to 2010, the UNDAF is closely connected to the Country Programme Document of UNDP and the initiatives of other UN agencies in Ghana, ensuring coherence among all UNDP programs and UNDAF outcomes Key sections of the UNDAF pertaining to access to justice and human rights are highlighted below.
The Government of Ghana and UNDP Ghana have reached a mutual agreement on the content and responsibilities outlined in the Country Programme Action Plan (CPAP), which focuses on the protection of rights and access to justice.
Aligned with the UNDAF, the new Programme's human rights component focuses on enhancing the rule of law and access to justice through a human rights-based approach UNDP will bolster the judiciary, the Commission on Human Rights and Administrative Justice, the Legal Aid Scheme, and civil society organizations to improve access to justice, promote the use of Alternative Dispute Resolution (ADR), and advance human rights education.
UNDP is committed to enhancing the judiciary's reforms by developing strategic capacities aimed at creating a transparent, efficient, and cost-effective justice system that improves access for litigants The organization will offer policy advice to the Judicial Service to semi-automate Magistrate Courts, thereby streamlining processes Additionally, UNDP will support the Legal Aid Scheme in building its program development capacity and enhancing staff skills in applying Alternative Dispute Resolution (ADR) mechanisms, integrating these practices into formal case resolution processes.
UNDP will enhance the Scheme's awareness campaigns to improve access to its services and expand the number of legal aid clinics Additionally, support will focus on boosting advocacy efforts to promote pro bono work among legal and other professionals.
The GPRS II, the UNDAF and the CPAP therefore provided the strategic frameworks within which this outcome evaluation was carried out.
THE DEVELOPMENT CONTEXT
Good governance is essential for fostering stability, promoting wealth creation, reducing poverty, and achieving sustainable human development, as highlighted by Ghana's Growth and Poverty Reduction Strategy (GPRS II) for 2006-2009 This strategy identifies good governance as a key priority for the Government of Ghana, emphasizing the importance of protecting rights under the rule of law To this end, GPRS II aims to enhance the legal sector's capacity and ensure speedy, affordable justice, aligning with broader objectives to support the Millennium Development Goals (MDGs).
The African Peer Review Mechanism (APRM) emphasizes the importance of promoting civil, economic, social, and political rights, particularly for vulnerable groups Access to justice and the protection of human rights are identified as key policy priorities in the government's GPRS II The APRM Report highlights existing challenges in accessing justice and safeguarding rights, urging the mobilization of resources to strengthen the institutions responsible for justice access and human rights protection.
Under GPRS II, the challenges in administering justice in Ghana are primarily divided into two categories: judicial and attitudinal Judicial issues involve delays and high costs in the justice system, leading to diminished public confidence and limited access to legal institutions Attitudinal challenges stem from inadequate adherence to established rules and regulations, along with ineffective enforcement of these legal frameworks.
2 GPRS II, appendix II C, page 135
Access to justice is essential for good governance and human rights, particularly for vulnerable and marginalized groups When access to justice is quick, easy, and effective, these groups can seek redress against discriminatory practices by individuals or institutions, including the government Generally, access to justice refers to state-sponsored legal services that provide information about legal rights, legal advice, counseling, representation, and advocacy On an individual level, it encompasses a person's ability to obtain fair and effective resolutions to conflicts, control abuses of power, and protect rights through transparent, accountable, and affordable processes that address broad social needs and are sensitive to the cultures and requirements of disadvantaged communities.
EVALUATION METHODOLOGY
Desk study
The evaluation process began with a desk study of relevant documents provided by UNDP and implementing partners (IPs) – see list of documents in annex I.
The evaluation team in Ghana faced challenges as they received programme-relevant documents only after the evaluation had commenced UNDP project staff struggled to locate essential documents due to inadequate handover processes for project materials to newly appointed staff and ineffective filing systems Notably, there was no centralized electronic repository for these documents, which further complicated the evaluation process.
Interviews
The evaluation team conducted initial meetings with UNDP senior management and project staff, followed by discussions with implementing partners To ensure a comprehensive understanding, external experts and stakeholders were also interviewed, allowing for triangulation of the information gathered Data collection involved semi-structured interviews, and the team visited the Eastern and Volta Regions to engage with staff from LAS, CMC, and CHRAJ Additionally, the evaluators toured the Nsawam medium security prison, where they interviewed both prison staff and inmates A detailed list of individuals interviewed can be found in annex II.
Debriefing workshop
On 11 February, the evaluation team presented its initial findings to a panel of IP representatives and UNDP These initial findings were subsequently discussed with participants, and the comments that ensued were taken into account in preparing the present report.
FINDINGS AND CONCLUSIONS
Relevance and design of the programme
To determine the programme's relevance, evaluators initially assessed the human rights situation and access to justice, as detailed in Section II, titled "Development Context."
Access to justice in Ghana is closely tied to the unique challenges faced by marginalized groups, including prisoners, women, children, Persons with Disabilities (PWDs), and Persons Living with HIV/AIDS (PLWHAs) Various factors, such as age, geographical location, health status, income, education, and disability, significantly impact an individual's ability to access justice Research indicates that economic, social, cultural, and attitudinal barriers severely hinder people's efforts to obtain justice, with the consequences of limited or denied access being profoundly detrimental.
Access to justice is deeply intertwined with issues such as poverty, gender, and power dynamics Given that marginalized groups, including 40% of the poor and 51% of women, make up a substantial portion of the population, it is crucial to focus on these demographics Ensuring access to justice is vital for realizing constitutionally guaranteed rights and achieving broader objectives like poverty reduction and human development, necessitating targeted efforts towards these critical segments of society.
Access to Justice ensures that every individual, regardless of their circumstances or social status, has a genuine opportunity to seek assistance from the justice system when needed This concept encompasses the ability for all individuals to present legal issues to a competent authority or entity that can adjudicate and, if necessary, offer a suitable remedy.
Cost remains a significant barrier for individuals seeking justice through formal court processes, particularly in civil claims, where the Courts Act and High Court Civil Procedure Rules hinder successful litigants from fully benefiting from their judgments due to substantial financial burdens In criminal trials, although Article 19 of the Constitution guarantees the right to a fair and speedy trial, logistical challenges—such as slow investigations, poor record keeping, and difficulties in transporting accused persons—frequently compromise this right As a result, thousands of cases risk being dismissed for lack of prosecution.
In Ghana, many indigent defendants face significant financial barriers that prevent them from hiring legal counsel, which ultimately hinders their ability to have their cases dismissed.
Article 294 of the Constitution establishes a legal aid scheme that ensures individuals receive representation and assistance from a lawyer in preliminary steps or during proceedings, including efforts to reach a compromise To implement this, the Legal Aid Scheme Act was enacted in 1997 (Act 542), allowing legal aid for those with reasonable grounds to engage in constitutional matters Legal aid is available to individuals earning the Government minimum wage or less, seeking representation in criminal cases or civil matters related to landlord-tenant disputes, insurance, and inheritance, specifically under the Intestate Succession Law of 1985 (P N D C L.).
The Board provides legal aid for civil matters, including child maintenance, as mandated by Parliament, but primarily focuses on cases involving the death penalty or life imprisonment due to financial constraints Consequently, individuals facing less severe legal issues often endure lengthy waits for justice, sometimes spanning years.
The UNDP program aimed at enhancing access to justice and human rights has predominantly focused on Alternative Dispute Resolution (ADR), which aligns well with the cultural context of Ghana and Africa, where it mirrors traditional conflict resolution methods ADR is recognized as a viable option for dispute settlement globally, offering a more cost-effective and expedited solution to the backlog of civil cases typically faced in courts Additionally, its non-adversarial nature, grounded in mutual consent, fosters a collaborative approach to conflict resolution, thereby promoting conflict prevention and ensuring that neither party emerges as a definitive loser.
Despite its advantages, Alternative Dispute Resolution (ADR) has notable limitations, including its inability to address serious criminal cases Additionally, settlements reached outside of court may face enforcement challenges if they lack proper documentation to be incorporated into a court's judgment.
Globally, courts are viewed as the last option for resolving civil or family disputes, with Alternative Dispute Resolution (ADR) recognized as a more cost-effective, faster, and less stressful alternative to litigation ADR is especially beneficial for individuals who are illiterate or financially disadvantaged, who often bear the brunt of civil costs This voluntary process involves a neutral third party facilitating an agreement between disputing parties, fostering trust and collaboration In Ghana, both court-annexed and community ADR processes effectively deliver justice, ensuring satisfaction for litigants and highlighting the success of these methods.
Source: UNDP’s comments on the draft report.
In Ghana, where the judicial system encounters significant challenges and nearly half of the adult population is illiterate, Alternative Dispute Resolution (ADR) offers a potential solution for civil matters outside of court However, experts and stakeholders agree that, despite its advantages, ADR fails to tackle the pressing issues of access to justice and human rights in the country Additionally, the rationale for prioritizing ADR over more urgent concerns within the program remains ambiguous.
Experts and stakeholders agree that Alternative Dispute Resolution (ADR) fails to tackle Ghana's critical issues regarding access to justice and human rights, especially within the criminal justice system Notably, severe human rights violations occur in prisons, where over 2,200 inmates, some with expired warrants, are held on remand for up to fifteen years While ADR may offer a quicker and more cost-effective solution for many civil disputes compared to traditional court methods, its integration into the Courts, the Commission on Human Rights and Administrative Justice (CHRAJ), and the Legal Aid Scheme (LAS) as a primary success indicator is deemed inappropriate, particularly for the "Justice for All" initiative.
This problem is eloquently summarized by Chief State Attorney Ms Ellen Kwawukume – see textbox below.
Article 14(4) of the 1992 Constitution mandates that individuals arrested for legal infractions must be tried within a reasonable timeframe, or they should be released unconditionally or under conditions ensuring their future appearance in court Additionally, Clause 6 requires judges to consider the duration of lawful custody when imposing prison sentences This framework underpins the Remand Review Project, addressing the alarming trend of individuals, including those charged with minor offenses, languishing in detention for years—sometimes up to 15 years—without trial Despite the establishment of various committees to tackle this issue, the number of remand prisoners continues to rise, raising critical questions about the functioning of the courts and the roles of attorneys and police prosecutors in the criminal justice system.
Source: Chief State Attorney Ms Ellen Kwawukume, An Overview of the Justice For All Programme, in the Report on the STAKEHOLDERS FORUM HELD AT DODOWA, 23rd and 24th OCTOBER
This situation is also described by outside observers, as illustrated by the textbox below:
The constitution mandates that individuals who are detained must be promptly informed, in a language they understand, about the reasons for their detention, as well as their rights to legal representation and an interpreter at no cost Additionally, the law stipulates that arrests must be backed by judicial warrants and that detainees are to be arraigned within 48 hours It further ensures that those not tried within a specified timeframe are afforded protections under the law.
Case study A: the Judicial Services
The 2007 Judicial Service program aimed to enhance the capacity of Judges and Magistrates in utilizing the Court-Connected ADR Practice Manual, raise awareness through the creation and distribution of Information Education and Communication materials about District Court processes, empower District Assemblies, Chiefs, elders, and the public in Ghana regarding justice delivery through outreach initiatives, and improve the ICT skills of Supreme Court Judges to facilitate efficient justice administration.
The initiatives undertaken aimed to enhance access to justice and uphold human rights By clearly defining the desired outcomes, a comprehensive overview of the Judicial Service's specific activities will illustrate the progress made towards these goals Essentially, this approach focuses on identifying the factors that influenced the outcomes from the perspective of the Judicial Service.
Execution of activities aimed at affecting outcome in 2007
The Judicial Service's 2007 Annual Report to the UNDP highlights that specific activities were completed by the third quarter of the year, which is commendable However, it would have been beneficial for the report, along with the quarterly and activity reports, to specify the exact timelines for when these activities were executed throughout the year.
Reports submitted to the UNDP must include both qualitative and quantitative analyses of activity execution Specifically, for training programs involving Judges, Magistrates, Registrars, and Neutrals, reports should detail pre-training assessments of ADR theories, the number of trainees in each category, post-training evaluations, and the methodologies employed to achieve the training objectives To align with UNDP standards, implementing partners (IPs) are required to present these essential details using the templates provided by the UNDP.
Post-training evaluations should focus on on-site assessments and field evaluations to identify changes resulting from the training This includes analyzing the number of cases resolved through Alternative Dispute Resolution (ADR) by trained judges compared to those resolved prior to the training Notably, reports from "ADR Weeks" held from March 19 to 23, 2007, and March 17 to 21, 2008, highlight the impact of the program on case resolution.
In November 2008, an analysis of cases resolved through the “ADR Weeks” program was conducted; however, it lacked detailed insights into the impact of UNDP assistance Specifically, the analysis did not clarify whether the neutrals involved in the “ADR Weeks” gained any benefits from the “capacity building of Judges and Magistrates for the use of Court-Connected ADR Practice Manual.”
In 2007, the Judicial Service was expected to provide the UNDP with all activity reports, quarterly reports, and an annual report However, apart from a report from an evaluation trip to five semi-automated District Courts in the Central, Greater Accra, and Ashanti Regions conducted from August 14th to 16th, no other reports were submitted to the Evaluators Additionally, it seems that the only program evaluated by participants was the forum held in Dodowa.
The lack of activity reports and comprehensive evaluations on the outputs from the Judicial Service makes it challenging to assess the impact of these activities on overall outcomes.
To evaluate the impact of the Judicial Service's activities on improving access to justice in Ghana, it is essential to have adequate baseline data and detailed reports on these activities Without such comprehensive documentation, assessing the effects of these initiatives would necessitate extensive efforts, including gathering baseline data, conducting participant interviews, and identifying any attributable changes However, the scope of this evaluation does not allow for such an exhaustive approach due to resource limitations, positioning this work primarily as preparatory for a future outcome evaluation.
The Chief Justice’s forum (CJ’s forum) lacks a clearly defined objective in its Workplan, which hinders its effectiveness in influencing policy formulation within the Judicial Service Interviews indicate that while the forum aims to impact policy, this goal is not reflected in the Workplan Additionally, the absence of follow-up on forum discussions diminishes the likelihood of achieving meaningful policy changes and desired outcomes.
The 2007 annual report of the Judicial Service highlights that a significant increase in societal appreciation for the judiciary's role was a key outcome across various programs This impact, as determined through empirical analysis at the conclusion of each event, could be better understood with the inclusion of baseline data Without such data, it remains challenging to assess the true extent of the program's effectiveness, which is crucial for recognition by UNDP and other development partners.
Improving the public's perception of the judiciary is crucial for enhancing access to justice However, the 2007 annual report of the Judicial Service highlights a concerning reality: despite increased knowledge of court functions and procedures, this awareness does not necessarily lead to greater access to justice for citizens.
The above appears to mean that the Judicial Service does not believe that its own activities will improve access to justice for the citizenry
The project, funded by the UNDP and executed by the Judicial Service, aimed to enhance access to justice and uphold fundamental human rights.
There are no clearly identified objectives for the activities outlined in the AWPs This should be rectified in future AWPs
In 2008, the Judicial Service planned to engage in:
1 Capacity building of the Judicial Service in terms of training
2 Public education by way of the publication and dissemination of Information, Education and Communication (IEC) materials
3 Public Engagement in the area of the Chief Justice’s forum and the Judicial Service Outreach programme
The selected areas aim to support the Chief Justice's annual theme, "Access to Justice: Strengthening Judicial Capability and Integrity." This year's activities focus on enhancing judicial effectiveness and ensuring the integrity of the justice system.
1 Re-print of 2000 copies of ADR Manual
2 Training for Judges, Staff, Lawyers ad Mediators in ADR
3 Holding the 7 th Chief Justices Forum in Takoradi, Western Region
4 Established Temporary Electoral Disputes Courts and printed an Electoral Dispute Manual to assist Citizens, stakeholders and the public at large to understand the legal requirements, processes and procedure for bringing electoral disputes to courts
Case study B: the Legal Aid Scheme
Execution of Planned activities vis-à-vis the attainment of the Expected outcome 2007
The 2007 Annual Work Plan (AWP) of the Legal Aid Services (LAS) continues the initiatives established in the 2006 AWP, though the original document is unavailable for review The planned activities aim to ensure that by the end of the project year, key concepts are implemented, allowing the Community Mediation Centres (CMCs) to operate effectively and deliver justice directly to underserved populations in their respective communities.
The review of the project year report indicates that the majority of planned activities aimed at operationalizing the CMCs and enhancing stakeholder capacity were successfully implemented By the end of 2007, the program had established over 10 centers in various regional capitals where LAS offices are located.
The Special Prison Decongestion Exercise, aimed at addressing overcrowding in Ghana’s detention facilities, was not implemented under the 2007 Annual Work Plan (AWP), despite the initiation of the Capacity Building and Alternative Dispute Resolution (ADR) components of the program The ADR mechanisms, as outlined in the Community Mediation Committees (CMCs), primarily focus on resolving civil matters such as child maintenance, marital disputes, and rent issues, rather than serious criminal cases Consequently, the congestion in Ghana's detention facilities is largely attributed to remand prisoners facing serious criminal charges, highlighting the need for a more effective approach to prison decongestion.
Whether Expected Outcome is being achieved and how 2007
Community Mediation Centers (CMCs) serve as accessible platforms for ensuring justice and upholding human rights through affordable, straightforward, and non-confrontational dispute resolution processes They provide an effective mechanism for resolving conflicts while safeguarding the rights of all parties involved By conducting qualitative analyses of activities reported, we can effectively measure progress towards achieving desired outcomes.
Measuring progress in capacity-building activities of the LAS can be enhanced through a combination of qualitative and quantitative analyses Relying solely on quantitative metrics, such as the number of workshops, seminars, and participants, fails to capture the full impact and effectiveness of these initiatives.
Execution of Planned activities vis-à-vis the attainment of the Expected outcome 2008
In 2008, the activities specified in the Annual Work Plan (AWP) for the Legal Aid Scheme closely mirrored those from 2007, with the notable addition of Monitoring and Evaluation focused on capacity building, Alternative Dispute Resolution (ADR) training, and public education and engagement initiatives.
Capacity building involved training newly recruited NSPs to serve as mediators in Alternative Dispute Resolution (ADR) Public Education and Engagement aimed to raise awareness about the Community Mediation Centers (CMCs) within their local communities Consequently, the 2008 Annual Work Plan (AWP) aimed to expand ADRs by increasing the number of CMCs and enhancing local knowledge and awareness regarding these centers.
The 2008 annual report highlights significant growth in the number of Community Mediation Centers (CMCs) across the country, rising from 18 to 26 Additionally, several Neighborhood Support Providers (NSPs) received training to serve as mediators for these CMCs This expansion correlates with a noticeable increase in the number of complainants utilizing the services of the CMCs.
At this stage, it is challenging to determine the overall impact of these activities on improving access to justice and respect for human rights The project's monitoring and evaluation (M&E) phase primarily maintained a quantitative approach similar to the previous year, emphasizing metrics such as the number of individuals trained, cases received, cases settled, pending cases, and the quantity and types of equipment acquired.
The report highlights the crucial role of UNDP in project implementation, emphasizing its significant contributions in funding and logistics Additionally, it acknowledges the support provided by other civil society organizations, such as ActionAid, in facilitating the operations of the Community Management Committees (CMCs).
Challenges affecting the outcome
The evaluation team has pinpointed several challenges hindering the effective delivery of outputs and the achievement of desired outcomes Key issues include the reliance on inexperienced national service personnel for the LAS, leading to repeated annual training due to staffing gaps Additionally, late submission of inception reports and annual work plans (AWP) by implementing partners (IPs), coupled with delays in AWP approval and fund disbursement by UNDP, restricts activity initiation to mid-year Political changes, such as elections, further complicate decision-making and implementation processes High staff turnover within both IPs and the UNDP Governance team adversely affects efficiency and the sustainability of outcomes, necessitating repeated capacity development efforts Furthermore, cumbersome government administrative procedures have resulted in project cancellations and delays, such as the AG's office failing to meet tendering conditions and LAS struggling to secure financial support approval from the Ministry of Justice Lastly, the lack of coordination and synergy identification among IPs remains a significant barrier to progress.
UNDP contributions to the outcome through outputs
The evaluators emphasize that a significant focus on outputs is crucial for enhancing relevance and design, as well as fostering effective partnerships.
ADR constitutes a meaningful, yet marginal contribution to the achievement of the desired outcome.
Capacity development initiatives, including training and IT equipment, have enhanced the ability of implementing partners (IPs) to influence outcomes effectively Additionally, support from UNDP through external consultants in creating strategic action plans has the potential to further improve the efficiency of IPs While these efforts lay a solid foundation for future advancements, it is crucial to provide ongoing support and coaching to ensure successful implementation and sustainability.
The programme's advocacy for human rights and access to justice lacks a strategy to engage policy and decision makers, which undermines its effectiveness from a governance perspective Without high-level policy decisions, the programme risks merely addressing superficial aspects of the issue, leading to outcomes that are described by stakeholders as “cosmetic” rather than substantive.
In terms of exposure to best practices in other countries, south-south cooperation, holistic and participatory approach, UNDP’s inputs have been marginal
Globally, therefore, there is change though not significant, particularly thinking about the
“systems” which produced the problems remaining intact The factors militating against positive change are those mainly outlined under the section on lessons learned.
UNDP partnership strategy
Evaluators are tasked with assessing the appropriateness and effectiveness of UNDP's partnership strategy, focusing on its management capabilities and ability to unite diverse partners to address governance issues comprehensively Additionally, they will evaluate UNDP's contributions towards achieving desired outcomes through advocacy, partnership development, and donor coordination.
4.5.1 Partnerships with IPs and other potential stakeholders
The UNDP, for the purpose of the present programme, has built partnerships with the following governmental institutions:
Commission on Human Rights and Administrative Justice (CHRAJ)
Ministry of Justice and Attorney General’s Department (MJAGD)
Partnership with the Ghana Prisons Service (GPS) was not initially planned but was built following a request for support from the said Service.
Human rights and access to justice are intricately linked and involve a diverse array of stakeholders and interconnected challenges The UNDP has made commendable efforts to establish a unified platform for Indigenous Peoples (IPs); however, various partners have prioritized their independence, which has hindered effective coordination and collaboration.
The UNDP has established strong relationships with numerous implementing partners (IPs) at a bilateral level, creating opportunities to influence policy formulation However, this potential has yet to be fully realized.
The police play a crucial role in upholding human rights and ensuring access to justice, particularly in relation to prisoners on remand; however, this essential aspect has received minimal attention Currently, the only engagement with police regarding human rights has been through indirect means, such as training provided by the Commission on Human Rights and Administrative Justice (CHRAJ).
The engagement and support for civil society have been minimal, despite being outlined in the UNDAF, CPAP, and various AWP documents Additionally, key stakeholders in the access to justice issue, such as lawyers and the Bar, have also been excluded from the process.
4.5.2 Partnerships with UN agencies and programmes
During last year's UNDAF review, agencies identified overlapping activities, such as UNICEF's collaboration with the Prison Service on juvenile justice, which is not coordinated with UNDP, the Sector Lead for governance and access to justice This lack of coordination likely extends to other agencies, including UNHCR and UNFPA.
The Rating Matrix here below derives from the findings and conclusions presented in section 4 above It is based on the 2002 UNDP’s
Change Yes relevant Somewhat relevant Not relevant Sustainable Not sustainable Too soon to tell Judicial
6The idea is not that Prisons and the remand issue should be excluded The Prisons activities including the ICT training and the Junior High and Senior High
The lessons-learned in the present outcome evaluation are rather straight-forward:
1 The precondition for a meaningful outcome evaluation is the existence of thoroughly documented strategies, plans, processes and activities;
2 The logical link between the different levels of strategy/planning (i.e GPRS, UNDAF, CPAP and AWP) needs to be clearly spelled out;
3 A baseline study should precede the launching of activities;
4 The choice of IPs should be based on a clearly spelled out strategy taking into consideration: a) partners’ ability to drive change and influence policy; and b) the relevance of their mandate given the desired outcome;
5 Clustering of IPs and outputs is necessary but should be based on a participatory consultation process leading to national ownership, and not merely on merging (cut- and-paste) IPs’ AWP documents;
6 In line with the “One UN” strategy, UN Agencies and Programmes should, under the guidance of the Lead Agency (in the present case UNDP) coordinate strategies, plans and activities concerning a given issue;
7 The development of AWP should be based on a clearly spelled-out analysis as to whether the previous year’s activities have led the programme closer to the outcome, and whether the partners are willing and able to plan outputs likely to work towards the outcome;
8 Tardiness in approving AWPs and in disbursing funds adversely affects the continued relevance and efficiency of outputs;
9 Any programme aiming to improve the situation of human rights and access to justice cannot limit itself to working only with governmental partners; other stakeholders need to be associated;
10 High turnover of project staff is detrimental to efficiency and institutional memory.
14 The issue of prisoners on remand should be at the centre of the programme’s desired outcome;
15 Attention should be paid to one of the key players in human rights and access to justice, namely the police, which is the entry point in many respects, in particular regarding the issue of prisoners on remand;
16 Each IP should have baseline information before commencement of implementation;
17 AWPs should be submitted early enough for review and approval in December in order to commence implementation in January;
18 Technical assistance and coaching should be provided to IPs in the design and implementation of monitoring and evaluation systems;
19 Assistance provided by UNDP for some of the IPs in developing strategic action plans constitutes a good basis for future progress, but need to be followed up by appropriate support and coaching in order to ensure their actual implementation and sustainability;
20 The logical link between the different levels of strategy/planning including GPRS II, UNDAF, CPAP and AWP) needs to be clearly spelled out;
21 The choice of IPs should be based on a clearly spelled out strategy taking into consideration: a) partners’ ability to drive change and influence policy; and b) the relevance of their mandate given the desired outcome;
22 Clustering of IPs and outputs should be based on a participatory consultation process leading to national ownership, and not merely on merging IPs’ AWP documents; possibilities to gather IPs and facilitate exchange of information, consultation and synergies could include: a retreat or a study trip and the creation of a common platform of exchange, first at the technical level, then at the level of decision-makers;
23 UN Agencies and Programmes should, under the guidance of the Sector Lead (in the present case UNDP) coordinate strategies, plans and activities concerning a given issue of interest;
24 The development of AWP should be based on a clearly spelled-out analysis as to whether the previous year’s activities have led the programme closer to the outcome, and whether the partners are willing and able to plan outputs likely to work towards the outcome;
RECOMMENDATIONS
14 The issue of prisoners on remand should be at the centre of the programme’s desired outcome;
The police play a crucial role in upholding human rights and ensuring access to justice, particularly concerning the treatment of prisoners on remand Their actions serve as a vital entry point in addressing these significant issues.
16 Each IP should have baseline information before commencement of implementation;
17 AWPs should be submitted early enough for review and approval in December in order to commence implementation in January;
18 Technical assistance and coaching should be provided to IPs in the design and implementation of monitoring and evaluation systems;
The assistance offered by UNDP to certain Indigenous Peoples in formulating strategic action plans lays a solid foundation for future advancements However, it is crucial to provide ongoing support and coaching to guarantee the effective implementation and sustainability of these plans.
20 The logical link between the different levels of strategy/planning including GPRS II, UNDAF, CPAP and AWP) needs to be clearly spelled out;
When selecting intellectual property (IPs), it is essential to follow a well-defined strategy that considers two key factors: the partners' capacity to effect change and influence policy, and the relevance of their mandate in relation to the intended outcomes.
The clustering of implementation partners (IPs) and their outputs should stem from a participatory consultation process that fosters national ownership, rather than simply merging annual work plan documents To enhance collaboration and information sharing among IPs, opportunities such as retreats, study trips, and the establishment of a common exchange platform should be explored, starting at the technical level and progressing to decision-makers.
23 UN Agencies and Programmes should, under the guidance of the Sector Lead (in the present case UNDP) coordinate strategies, plans and activities concerning a given issue of interest;
The development of the Annual Work Plan (AWP) must be grounded in a thorough analysis of the previous year's activities to determine their effectiveness in advancing the program's outcomes Additionally, it is essential to assess the partners' willingness and capability to plan outputs that will contribute to achieving these outcomes.
To enhance human rights and access to justice, it is essential to empower stakeholders, including civil society organizations, to actively participate in the program Identifying and involving all drivers of change will ensure a more effective approach to addressing these critical issues.
26 Proper data collection and institutional memory within UNDP should be ensured; this will require more stable staffing and expertise in the subject matter, and appropriate hand-over processes.
Bibliography
The United Nations Development Programme (UNDP) provides essential resources for effective monitoring and evaluation, including the "Handbook on Monitoring and Evaluating for Results" and "Guidelines for Outcome Evaluators." These materials support the implementation of Results-Based Management, as outlined in the "Technical Note." Additionally, the United Nations Development Assistance Framework (UNDAF) for Ghana (2006-2010) and the Country Programme Action Plan (CPAP) (2006-2010) serve as strategic frameworks to enhance development outcomes in the region.
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2007 ANNUAL WORK PLAN – IMPROVING HUMAN RIGHTS
COMMITMENT OF UNDP FUNDS TO IMPLEMENT THE 2008 ANNUAL WORK PLAN
MEETING WITH THE DEPUTY ATTONEY GENERAL.
REQUEST FOR DIRECT PAYMENT – RESOURCE PERSON
NATIONAL CONSULTANTS TRAINING OF TRAINERS FOR THE GHANA PRISONS SERVICE – NEED ASSESSMENT REPORT.
PROJECT PROPOSAL GHANA PRISONS SERVICE ANNUAL REPORTS NOVEMBER
AVAILABLE DATA ON THE INMATE POPULATION PROFILE
MEETING WITH THE ATTONEY GENERAL.
CATEGORIES OF PRISONERS HELD POLICY ON THE INITIAL AND CONTINUOUS TRAINING OF PERSONNEL OF THE GHANA PRISONS SERVICE.
REPORT ON EVALUATION RESULTS – HUMAN RIGHTS TRAINING FOR SERGEANTS IN THE GHANA PISONS SERVIC.
END OF YEAR REPORT – GHANA PRISONS SERVICE AND UNIED NATIONS DEVELOPMENT PROGRAMME.
DECEMBER GHANA PRISONS SERVICE – DEBRIEFING NOTES
2008 MEMBERS OF THE DIRECTORATE AND REGIONAL COMMANDERS.
MONITORING AND EVALUATION PLAN (M & E MECHANISM) SPEECH BY DEPUTY RESIDENT REPRESENTATIVE UNDP – GHANA POLICE SERVICE
17 TH MAY 2007 INCEPTION REPORT – CHRAJ
2008 DEVELOPMENT PARTNER SUPPORTED WORK PLAN.
2008 MEETING WITH THE GHANA POLICE SERVICE AND CHRAJ ON
TOT FOR LECTURERS OF THE POLICE TRAINING COLLEGE.
2008 CAPACITY BUILDING FOR POLICE STATION OFFICERS.
HIGHLIGHTS OF THE 2008 REPORT ON THE STATE OF HUMAN RIGHTS IN GHANA.
27 TH MAY 2008 REPORT ON 2007 ACTIVITIES FOR CHRAJ
WORK PLAN – DANISH SUPPORT TO THE GHANA COMMISION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE (CHRAJ).
REPORT ON THE JUSTICE FOR ALL PROGRAMME.
INCEPTION REPORT CONCEPT PAPER ON THE PROPOSED MEETING OF STAKEHOLDERS IN THE CRIMINAL JUSTICE DELIVERY SYSTEM – JUSTICE FOR ALL PROGRAM.
THE MINISTRY OF JUSTICE AND ATTORNEY GENERALS DEPARTMENT – IT STRATEGY.
REPORT ON THE IMPLEMENTATION OF THE SENTENCING POLICY PROJECT UNDER THE JUSTICE FOR ALL PROGRAMME GUIDELINES FOR PROSECUTORS
2007 ANNUAL WORK PLAN – MINISTRY OF JUSTICE AND OFFICE OF
List of interviewees
SHIGERI KOMATSUBARA DEPUTY RESIDENT REPRESENTATIVE
CLEVER NYATHI… SENIOR GOVERNANCE ADVISOR, UNDP
YASUKO KUSAKARI… PROGRAMME COORDINATOR, UNDP
HILDA MENSAH PROJECT OFFICER, GOVERNANCE PROGRAMME, UNDP
LOUIS KUUKPEN PROJECT OFFICER, GOVERNANCE PROGRAMME, UNDP
MELINDA MADUENO PROGRAMME OFFICER, UNDP
EVANS GYAMPOH PROGRAMME OFFICER, UNDP (CSO)
SANDRA COFFIE (MRS.)… DIR JUDICIAL REFORMS AND PROJECTS
SENYO ADJABENG… NATIONAL COORDINATOR, ADR
AMPONG FOSU JOSEPH… DIRECTOR HR, JUDICIAL SERVICE
SAMUEL NYANTAKYI… CHIEF DIR., ATTORNEY GENERALS DEP’T
AMMA GAISIE… SOLICITOR GENERAL, ATTORNEY GEN DEP’T
ELLEN KWAWKUME… CHIEF STATE ATTORNEY, AG’S DEP’T
JAMES GABIANU… DIR ADMIN, ATTORNEY GENERALS DEP’T
FRANCIS OTU… ICT CONSULTANT, ATTORNEY GENERALS DEP’T
KEN A ATTAFUAH (PROF.) NATIONAL IDENTIFICATION AUTHORITY
DOMINIC M AYINE (DR.) DIRECTOR, CEPIL
KWESI APPIAH… DIRECTOR, THE CIVIC FOUNDATION
ERIC APPIAH OKRAH… CHILD PROTECTION SPECIALIST, UNICEF
DUKE HAMMOND… DIR ADMIN, CHRAJ
RICHARD A QUAYSON… DEPUTY COMMISSIONER, CHRAJ
HANNAH OWUSU-KORANTENG… DIRECTOR, TRAINING & RESEARCH, WACAM
ANTHONY KOBINA YEBOAH DIRECTOR, GHANA PRISONS SERVICE
EDWARD ASHUN FOCAL POINT, GHANA PRISONS SERVICE
ALI NAKYEA ABDALLAH… CHIEF CONSULTANT, NAKYEA CONSULT
EMMANUEL A AMPONSAH… NSP MEDIATOR CMC KOFORIDUA
SUSAN BINEY… NSP MEDIATOR CMC KOFORIDUA
EKOW DANIELS… NSP MEDIATOR CMC HO
SALOMEY… NSP MEDIATOR CMC HO
HUBERT AKRON… INVESTIGATOR CHRAJ, KOFORIDUA
GEORGE AMOO… NATIONAL COODINATOR, CMC, LAS
A Y SEINE… DIRECTOR LEGAL AID SCHEME
GODWIN KPOPLI… DIRECTOR LEGAL AID SCHEME (HO)
REV JAMES TEYE TETTEH… GHANA PRISONS SERVICE (NSAWAM)
Examples of IP’s activities in AWP
• Establishment of Community Mediation Centres (CMC) throughout the country in the Regional offices of the LAS.
• Training of Legal Aid staff as mediators to facilitate the mediation process.
• Recruitment of NSP as mediators.
• Procurement of office equipment such as desk, chairs, computers, printers and office stationary
• Public education to sensitise people on the existence and operation of the CMCs through the dissemination of fliers, radio programmes in local languages, etc.
• Access to Justice through training for Prison officers on Human rights.
• Capacity building for Prison wardens.
• Human rights Education for officers
• ICT training for the inmates and the prison wardens
• Introduction of Junior and Senior high school programmes for interested inmates
• Development of a training manual for the training of Prison wardens on the handling of inmates.
• Facilitating court sittings in the prisons.
• Development of a training manual for the training of judges and judicial service staff More that 600 copies of the manual distributed to Judges, Magistrate and some Judicial Service staff.
• Temporary court sittings in the prisons as part of the justice for all programme.
• Organisation and holding of the CJs forum
• Capacity Building for the staff in the AGs Department: Conference held in Dodowa.
• Presentation of cases before the courts in the Prisons.
• Development of ICT programme for the Department.
• Collaboration with human rights NGOs.
• The State of Human Rights in Mining Communities.
• Training of staff in ADR.
Terms of Reference
Terms of Reference for Outcome Evaluation
CPAP Outcome 7 : Access to justice and respect for basic and human rights improved
The increasing emphasis on development effectiveness stems from the understanding that merely generating quality deliverables is insufficient; the true value lies in the ability of well-managed projects to create tangible improvements in development conditions and enhance people's lives As a leading international development agency, the United Nations Development Programme (UNDP) is committed to achieving clearly defined results, which it has recently pursued through a results-based management (RBM) approach.
UNDP is enhancing its results-based management (RBM) by transitioning from traditional activity-based monitoring and evaluation (M&E) to a focus on outcome M&E This approach evaluates how and why specific outcomes are achieved or not within a country's context, considering the timeframe and the contributions of UNDP and its partners Outcome evaluations identify underlying factors influencing results, reveal unintended consequences, and provide valuable lessons learned, ultimately recommending actions to improve future programming performance.
Brief National Context Related to the Outcome
Good governance is essential for stability, wealth creation, poverty reduction, and achieving sustainable human development, as highlighted in Ghana's Growth and Poverty Reduction Strategy (GPRS II) This strategy prioritizes good governance by emphasizing the protection of rights, rule of law, and women's empowerment, aligning with the African Peer Review Mechanism's objectives to promote the rights of all citizens, especially vulnerable groups Consequently, enhancing access to justice and promoting human rights are identified as key policy priorities, necessitating resource mobilization to strengthen institutions dedicated to these causes.
The successful and peaceful national election of 2004 reflects a strong commitment to political pluralism and democracy, underpinned by the protection of human rights However, challenges remain, including rising complaints of human rights violations in the health sector, domestic violence against women and girls, and insufficient progress in girl-child education amidst outdated cultural practices like trokosi and female genital mutilation Additionally, the rights of detainees are compromised by deplorable conditions in police cells and prisons, while issues of religious intolerance and barriers to accessing justice persist A significant concern is the inadequate allocation and disbursement of funds by the Government to constitutional bodies tasked with promoting and protecting human rights.
The UNDP's dedication to the Millennium Declaration and the achievement of the Millennium Development Goals (MDGs) aligns with the Government of Ghana's priorities, particularly in enhancing human rights and ensuring access to justice Emphasizing human rights is crucial for the sustainable attainment of the MDGs, empowering citizens, especially the marginalized and vulnerable, to hold leaders accountable across all levels.
The UNDP's programming for 2006-2010 aligns with national priorities by emphasizing the promotion of human rights, the rule of law, and access to justice through a human rights-based approach.
In 1997, the Secretary-General initiated a Reform Programme aimed at enhancing the effectiveness of the UN, leading to the establishment of the Common Country Assessment (CCA) and the United Nations Development Assistance Framework (UNDAF) as essential tools for UN agencies at the country level The Ghana 2004 CCA provided a collaborative evaluation of the root causes behind significant development challenges To address these issues and achieve the Millennium Development Goals (MDGs), the Ghana 2006 UNDAF was developed to serve as the management framework for coordinating UN development assistance from 2006 to 2010.
The UNDAF aligns with national priorities outlined in the Growth and Poverty Reduction Strategy (GPRS), with its outcomes recognized as the UN's strategic contributions The UNDAF (2006-2010) is closely connected to the UNDP's Country Programme Document and the initiatives of other UN agencies in Ghana, ensuring that all UNDP programs are in harmony with UNDAF outcomes.
The Country Programme Action Plan (CPAP) 2006-2010 aims to operationalize the Country Programmes and define the commitments of UN agencies and the Ghanaian government The Government of Ghana and UNDP Ghana have reached a mutual agreement on the CPAP's content and their respective responsibilities for its implementation.
The approved Country Programme Document outlines three key thematic areas for UNDP interventions based on the UNDAF: the consolidation of democracy, wealth creation and empowerment of the poor, and vulnerability reduction alongside environmental sustainability Additionally, the cross-cutting themes of gender and HIV/AIDS are integrated into all thematic interventions UNDP focuses on strategic policy advice, enhancing national capacity, providing institutional support, and delivering development services and projects that have measurable impacts relevant to policy formulation and implementation.
UNDP reinforces Ghana's democratic achievements by aiding the government in enhancing good governance practices, addressing citizens' growing demands for transparency, accountability, and active participation in governance This initiative aligns with the Ghana Poverty Reduction Strategy II (GPRS II) and the recommendations from the African Peer Review Mechanism (APRM) Panel of Experts.
In alignment with the UNDAF, the UNDP Programme focuses on enhancing the rule of law and access to justice through a human rights-based approach The Country Programme Action Plan (CPAP) outlines UNDP's commitment to bolster the Judiciary, the Commission on Human Rights and Administrative Justice, the Legal Aid Scheme, and civil society organizations (CSOs) This initiative aims to improve access to justice, promote the application of Alternative Dispute Resolution (ADR), and advance human rights education.
In addition to the three institutions outlined in the CPAP, UNDP has also been providing support to the Ministry of Justice and the Ghana Prisons Service.
Thus, UNDP is currently working with the following partners in achieving development results in the area of access to justice and human rights protection:
Commission on Human Rights and Administrative Justice (CHRAJ)
Ministry of Justice and Attorney General’s Department (MJAGD)
Support for these institutions primarily centers on capacity development activities aimed at enhancing the application of Alternative Dispute Resolution (ADR) in the justice delivery system This includes expanding access to justice through the establishment of ADR centers, fostering a conducive environment for adherence to international human rights standards, and increasing awareness of human rights while promoting compliance with both national and international regulations regarding the rights of inmates.
In the third quarter of 2008, the UNDP Country Office in Ghana will conduct an outcome evaluation focused on improving access to justice and enhancing respect for basic and human rights, as outlined in the CPAP of UNDP Ghana A detailed results framework for this outcome has been summarized.
Access to Justice and respect for basic and human rights improved
ADR mainstreamed into the courts, CHRAJ and Legal Aid Scheme
More efficient legal systems to improve access to justice
Inadequate and costly legal aid mechanisms
B OB O BJECTIVES BJECTIVES OF OF THE THE E E VALUATION VALUATION
The outcome evaluation shall assess the following: