Human Rights and Justice Joint Programme



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Monitoring and Evaluation

The Joint Programme will be monitored throughout its duration and evaluated in accordance with the UNDAF M&E plan. Participating UN organizations will develop joint information and progress updates in close coordination with the BINUB Joint Monitoring and Evaluation Unit. The UNDAF Evaluation will include a specific assessment of the joint programme, looking in particular at UN System integration within the framework of the Joint Programme and IPMS. Traditional evaluation criteria (relevance, efficiency, effectiveness, impact and sustainability) will apply with an emphasis on results and on the joint programming process. Specific evaluation criteria will include:





  • Effectiveness of the Joint Programme in achieving desired results, and in particular with respect to a) immediate and visible contribution to peacebuilding; b) contribution to strengthening national capacities and ownership; c) strengthening partnerships between all relevant stakeholders;

  • The efficiency of the Joint Programme in reducing transaction costs for government and participating UN organizations involved in the programme, and in enhancing overall efficiency in use of resources and implementation;

  • The degree of coherence achieved by the Joint Programme with respect to a) collaboration between participating agencies in achieving common results; b) establishment of cross-programmatic linkages with other Joint Programmes; c) mainstreaming transversal issues related to gender, HIV/AIDS, human rights and child protection;

  • Effectiveness of management and coordination arrangements in terms of the delineation of responsibilities and coordination for production of results, and the ability of the IPMS to operate as a single integrated entity.



Reporting

The Joint Programme will produce one consolidated report on project implementation every six months. The Human Rights and Justice IPMS will be responsible for consolidating all narrative and financial reports.. A common format for reporting will be used that will be common to all BINUB Joint Programmes. All reports will be shared with all relevant stakeholders through the Joint Programme Steering Committee.




RESULTS BASED BUDGET
The results-based budget attached as Annex B is based on the outputs and inputs identified in the results framework, which presents a global overview of resources required to achieve programme objectives, broken down by sources and kinds of funding (e.g. regular UN budget, core agency funds, donor contributions, etc.).
Attachments
Annex A: Results Framework

B: Results Based Budget



Annex A

Human Rights and Justice Joint Programme

Strategic Results Framework


UNDAF Outcome(s): By the end of 2008, national and local institutions, civil society organizations, and communities are better able to protect human rights, and to ensure that the justice system functions in a manner that is effective, equitable, and transparent

Strategic area of support: Human Rights and Justice




Specific Objective 1: Support the reform of laws and institutional mechanisms to create an environment more favorable to the realization of human rights, particularly the rights of children, young people, and women. Appui Ok

Expected Outputs

Output target

Indicative Activities

Performance indicators

Responsible parties

Resources

1.1 National laws are drafted or revised, reviewed, harmonized with international human rights standards, translated into the national language and disseminated, especially those relating to women, children and other vulnerable groups




1.1.1 Support National Legislative Service (seminars, experts) for the development and the harmonization of national laws and their conformity with international standards and instruments ratified by Burundi

1.1.2. Assist local structures tasked with translating and disseminating legislation


1.1.3. mener un plaidoyer pour composer des équipes paritaires dans le processus d’élaboration la révision et la vulgarisation des lois

1.1.4. Former les OSC particulièrement les organisations féminines, sur le processus des reformes législatives




- Adoption and promulgation of a revised Penal Code, Code of Criminal Procedure, Individual and Family Code and Law of Succession, reflecting equal rights for women and the rights of the child
- Adoption and promulgation of revised legislation related to sexual violence(Gender Based Violence) , including heavier penalties for offenders

.

- Translation and dissemination of the Civil Code, Criminal Code, Code of Criminal Procedure, Code de la Personne et de la Famille and Law of Succession



- Quality and number of Human Rights related reports submitted by the government to the various bodies responsible for the monitoring of Human Rights treatises

- Accessibility of legislation (translated and disseminated), and number of people at workshops/seminars

Au moins 50% des femmes participant activement au processus de reformes législatives

BINUB

UNFPA


UNIFEM

$1,480,000

(PBF $1,000,000)



1.2 The National Independent Commission on Human Rights is set up and starts operating





1.2.0 Appuyer les initiatives de plaidoyer pour la mise en place d’’une commission nationale indépendante des droits de l’homme paritaire (homme, femme)

1.2.2. Provide technical assistance en approche integre de l’egalite de genre) to support the establishment of the National Independent Commission on Human rights and advocacy for the establishment of a sub-Commission for the rights of children and women

1.2.2. Support the Commission’s human and physical resources

1.2.3. Organize workshops and trainings on Human Rights investigative work and report writing

1.2.4.Establish regional support centers and train staff in support services(gender budget)


- Legal framework adopted
- An established and well-function Commission, with a sub-Commission for the rights of children and women
- Number of support centers created and functioning
- Number of staff trained for the support centers

- Number of people having received assistance par la commission nationale Indépendante DDH





BINUB,

UNICEF


$ 424,000

(PBF $400,000)




1.3 The Government, civil society and other rights holders and duty bearers provide increased human rights protection, especially to children, women and the youth as a result of increased human rights knowledge and expertise




1.3.1. Support to Human Rights training to judicial police, penitentiary personnel, SNR and FDN, including training and awareness raising on sexual lGender Based violence and child protection

1.3.2 Promotional and outreach activities in collaboration with national human rights partners and authorities including through the media, targeting all sectors of society

1.3.3. Weekly human rights workshops with civil society including journalists, trades unions, professional associations

1.3.4. Human Rights training to civil society and the media

1.3.5. Support to the inclusion of Human Rights in school curricula

1.3.6. Monitoring and reporting on human rights especially women child and vulnerable rights violations ,

1.3.7. Appuyer/Renforcer les structures existantes dans l’organisation des séances de sensibilisations sur les droits humains en general et des femmes en particulier au niveau des communautes de base


  • Increased public awareness of human rights

- Improved respect for human rights demonstrated by reduction in number of human rights violations

- increase in the number of human rights cases investigated and perpetrators brought to justice


  • Number of training seminars for representatives of national human rights institutions and civil society organizations on monitoring and reporting techniques and support to victims of human rights violations




  • Reporting obligations on SCR 1612 and 1325 met,




  • Modules on human rights included in the schools curricula

  • Reports on the human rights situation published each month and disseminated

  • Nombre des séances de sensibilisation communautaire organisees




BINUB,

UNICEF


UNIFEM

UNIC



$180,000



Specific Objective 2: Support the strengthening of the justice system to a) become more effective, equitable, and transparent; b) provide greater access to justice; and c) better protects the rights of marginalized groups, notably minors in conflict with the law, prisoners, criminal defendants, women who have been victims of violence, and parties to land conflicts.

Expected Outputs

Output target

Indicative Activities

Performance indicators

Responsible parties

Resources

2.1 Professionalization of the magistrature, to ensure that the careers of magistrates are managed in a way that encourages professional development, skill and hard work, prevents misconduct and corruption, and promotes appropriate ethnic and gender diversity in the magistrature




2.1.1. Technical assistance to the government in strengthening human resources policies, including measures to promote equitable ethnic and gender representation, and disciplinary mechanisms for the magistrature.


- Implementation of new human resources policies and disciplinary procedures for magistrates

BINUB

UNICEF


$25,000


2.2 Capacity building of court and prison staff to ensure professionalism





2.2.1. Assistance to the government in mobilizing resources and opportunities for magistrates to receive mentoring and training on subjects including women’s rights and gender based violence.

2.2.2. Assistance to the government in the development of an on-going global training plan for magistrates and other court staff.

2.2.3. Assistance to the government in its work with Belgian Cooperation on the establishment of a training center for justice system personnel.

2.2.4. Development of plan for regular assignment of penitentiary police to specific prisons, and policies agreed between MoJ and MoISP regarding respective roles of Ministry staff in prisons.

2.2.5. Training provided to civilian and PNB staff of prisons for corrections management.

2.2.6. Development of a joint MoJ/MoISP plan for initial and on-going training for all civilian and PNB personnel working in prisons



-50% of magistrates receiving training or mentoring in Burundi or overseas are women .
- Development of a global training plan by the Ministry of Justice
- Concrete steps toward the opening of the judicial training center.
- MOU between MoJ and MoISP.
- Proportion of civil and PNB prison staff certified.
- Training plan developed and implemented


BINUB

UNIFEM


UNICEF

UNODC




$240,000

+ Resources to be determined and mobilized to support the training after a plan is completed





2.3 Development and implementation of a comprehensive justice system response to children in conflict with the law, in line with international juvenile justice standards and the revised Penal Code





2.3.1. Technical assistance to the Government (MoJ, MoSNDHG, and MoISP) in the design of strategies and structures to implement the juvenile justice provisions of the Penal Code Revision, including at the level of courts, prisons, police functions, alternative sentencing mechanisms, rehabilitation centre and community-based social services including provision for the special needs of girls in the juvenile justice system


- Juvenile justice reform implementation plan developed and its implementation underway


BINUB

UNICEF


UNIFEM

UNODC



$170,000

2.4 Rehabilitation of the infrastructure of courts, tribunals, and prisons sufficient to permit courts and tribunals to function effectively and prisons to comply with international prison standards





2.4.1. Technical assistance to the Government (MoJ) for the development of a detailed rehabilitation plan, budget, and project documents for justice system rehabilitation with particular attention to the needs of women prisoners.

2.4.2. Provision of oversight to rehabilitation of Tribunals de Residence

2.4.3. Provision of oversight to PBF-funded assistance support for the execution of court judgements en donnant la priorite aux cas des femmes chefs de menage


  • Plan, budgets, and project documents completed.

  • Sufficient resources mobilized to fund plan.




  • Work underway on implementing the plan.

  • Quartiers spécifiques aménagés pour les femmes


BINUB

UNICEF


UNIFEM

UNODC


$1,920,000

(PBF: $800,000 for Rehabilitation of Tribunals / $1,000,000 for assistance support for the execution of court judgments)



2.5. Prison population reduced, particularly minors, through implementation of reintegration programmes, acceleration of judgements, and alternative sentencing (2 years)





2.5.1. Technical assistance to the Government (MoJ, MoSNDHG, and MoISP) for the development and implementation of plans to:

1) reform use of pre-trial detention to ensure that it is used only in cases where it is necessary to ensure appearance by the defendant;

2) monitor the pre-trial delays of all prisoners and develop mechanisms (e.g. a paralegal system or travelling courts) to ensure that judgements are rendered in accordance with speedy trial rights;

3) develop and implement community supervision structures that can be used for pre-trial supervision, supervised early release, and alternative sentencing; and

4) implement a range of non-custodial sentencing alternatives, as provided for in the revised Penal Code

2.5.2. Technical assistance to the Government in mobilizing the resources necessary to implement the plans



- Plans developed
- Resources mobilized and plans implemented

BINUB

UNICEF


UNODC

$400,000

2.6. Access to legal assistance improved, especially to marginalized groups, including women




2.6.1. Technical assistance to the Government (MoJ) in the design of a Government administered nation-wide structure for providing legal assistance, including consistent criteria for eligibility and a plan for sustainable funding.

2.6.2. Assistance to the Government in mobilizing the resources necessary to launch this legal assistance structure



- Plan developed and approved.


  • Resources mobilized and structure launched

  • Existence d’une structure d’assistance juridique and judiciaire

BINUB

UNIFEM


UNODC

$450, 000



Specific Objective 3: Support the Government in the development and implementation of a credible transitional justice process that will promote national reconciliation and an end to impunity in Burundi.

.


Expected Outputs

Output target

Indicative Activities

Performance indicators

Responsible parties

Resources

3.1. A framework agreement on transitional justice is signed between the Government and the UN





3.1.1. Technical assistance for the preparation of a legal framework for the establishment of the Truth and Reconciliation Commission and Special Tribunal

- Adoption of legislation for the establishment of a TRC and ST, taking into account the specific needs of children and women


BINUB

UNICEF



-

3.2. The Truth and Reconciliation Commission is established and functioning

2007

3.2.1. Technical assistance for the development and organization of an information campaign and a broad and gender-based consultations process on the transitional justice mechanisms through public meetings, workshops, seminars, broadcasts, conferences and training of NGOs and other partners participating in the outreach and consultations process

3.2.2. Support to the Government in the conduct of reconciliation initiatives country-wide

3.2.3. Support to the TJ process by providing training to TJ actors in statement taking, investigations, reporting database management, and a gender-based approach, including training of BINUB HROs working on transitional justice and journalists who will be reporting TJ issues

3.2.4. Support to the TJ process by providing training on TJ issues for the judiciary, the local bar and professionals involved in the TJ process

3.2.5. Development of a functioning documentation centre, including a database of violations comprising a database of documents, declarations and testimonies

3.2.6. Conduct of a mapping exercise to take stock of past human rights violations in Burundi




- A gender based Commission is established

- Initiation of hearings by the TRC


- Completion of training
- Establishment and operation of a documentation center
- Completion of mapping exercise
- Women adequately participating in the TJ mechanisms
- Aspects of special protection of women and children taken into account in the TRC.

BINUB

UNICEF


$ 1,000,000

(PBF:


$1,000,000)

3.3 The planning for the establishment of a Special Tribunal is finalized






3.3.1 Training and technical assistance provided to government, MPs, and civil society, with focus on women’s SCOs.

- A gender based Special Tribunal is established
- Aspects of special protection of women and children taken into account in the Special Tribunal.

BINUB

UNICEF



$132,000
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