Access To Justice Program 32023-01-Pak-Pcr

Completion Report
Project Number: 32023

Loan Numbers: 1897/1898/1899
December 2009
Pakistan: Access to Justice Program

CURRENCY EQUIVALENTS
Currency Unit – Pakistan rupee/s (PRe/PRs)
At Appraisal At Program Completion
PRe1.00 = $0.19 $0.01

$1.00 = PRs51.99 PRs82.11
ABBREVIATIONS
ADB – Asian Development Bank
ADR – alternative dispute resolution
ADF – Asian Development Fund
AJDF – Access to Justice Development Fund
AJP – Access to Justice Program
CJCC – Criminal Justice Coordination Committee
CPLC – Citizen-Police Liaison Committee
EPA – Environmental Protection Agency
FJA – Federal Judicial Academy
LJC – Law and Justice Commission of Pakistan
MOL – Ministry of Law, Justice, Human Rights and Parliamentary Affairs
NJPMC – National Judicial Policy Making Committee
NPB – National Police Bureau
NPMB – National Police Management Board
NSC – national steering committee
NWFP – North West Frontier Province
OCR – ordinary capital resources
PMU – program management unit
PPRCC – Provincial Program Review and Coordination Committee
PSC – Public Safety Commission
PSPCC – Public Safety and Police Complaints Commission
TA – technical assistance
NOTES
(i) The fiscal year (FY) of the government ends on 30 June.
(ii) In this report, "$" refers to US dollars.
Vice President X. Zhao, Operations 1

Director General J. Miranda, Central and West Asia Department (CWRD)
Director R. Subramaniam, Financial Sector, Public Management and Trade
Division, CWRD
Team leader D. Kertzman, Principal Financial Sector Specialist, CWRD

Team member F. Teves, Assistant Project Analyst, CWRD
In preparing any country program or strategy, financing any project, or by making any
designation of or reference to a particular territory or geographic area in this document, the
Asian Development Bank does not intend to make any judgments as to the legal or other status
of any territory or area.
CONTENTS
Page
BASIC DATA i
I. PROGRAM DESCRIPTION 1
II. EVALUATION OF DESIGN AND IMPLEMENTATION 2
A. Relevance of Design and Formulation 2
B. Program Outputs 5
C. Program and Project Costs 12
D. Program and Project Schedule and Disbursement 12
E. Implementation Arrangements 12
F. Conditions and Covenants 13
G. Related Technical Assistance 13
H. Consultant Recruitment and Procurement 14
I. Performance of Consultants 14
J. Performance of the Borrower and the Executing Agency 14
K. Performance of the Asian Development Bank 14
III. EVALUATION OF PERFORMANCE 15
A. Relevance 15
B. Effectiveness in Achieving Outcome 15
C. Efficiency in Achieving Outcome 16
D. Preliminary Assessment of Sustainability 16
E. Institutional Development 17
F. Impact 17
IV. OVERALL ASSESSMENT AND RECOMMENDATIONS 17
A. Overall Assessment 17
B. Lessons 18
C. Recommendations 19
APPENDIXES
1. Justice Sector Indicators (Before and After Access to Justice Program) 21
2. Flow of Funds and Implementation Status of Infrastructure and Capacity
Development Projects Financed under the Access to Justice Program 25
3. List of Technical Assistance Grants Supporting the Access to Justice Program and
Related Completion Reports 31
4. Allocation and Disbursement of Access to Justice Development Fund 41
5. List of Contracts Awarded under the Access to Justice Program 42
6. Status of Policy Reforms under the Access to Justice Program 48
7. Evaluation under Program Framework 71
8. Assessment of Access to Justice Program Performance 74
9. Status of Compliance with Loan Covenants 77
BASIC DATA
A. Loan Identification
1. Country Pakistan
2. Loan Numbers 1897, 1898, 1899
3. Program Titles
Loans 1897, 1898 Access to Justice Program
Loan 1899 Institutional Development for Access to Justice
Program
4. Borrower Islamic Republic of Pakistan
5. Executing Agency Ministry of Law, Justice, Human Rights and

Parliamentary Affairs
6. Amount of Loan
Loan 1897 ¥29.7 billion ($243.2 million)
from ADB’s ordinary capital resources
Loan 1898 SDR67.9 million ($86.8 million)

from ADB’s Special Funds resources
Loan 1899 SDR15,648,000 ($20.0 million)

from ADB’s Special Funds resources
7. Program Completion Report Number 1156
B. Loan Data
1. Appraisal
– Date Started 20 August 2001
– Date Completed 12 September 2001
2. Loan Negotiations
– Date Started 9 November 2001
– Date Completed 11 November 2001
3. Date of Board Approval 20 December 2001
4. Date of Loan Agreement 21 December 2001
5. Date of Loan Effectiveness

Loans 1897, 1898
– In Loan Agreement 21 March 2002
– Actual 21 December 2001
– Number of Extensions 0
Loan 1899
– In Loan Agreement 21 March 2002
– Actual 24 December 2001
6. Closing Date
Loans 1897, 1898
– In Loan Agreement 31 December 2005
– Actual 2 July 2009
ii
Loan 1899
– In Loan Agreement 30 June 2006
– Actual 2 July 2009
7. Terms of Loans
Loan 1897
– Interest Rate Asian Development Bank London interbank offered
rate (LIBOR)-based lending facility
– Maturity (years) 15
– Grace Period (years) 3
Loan 1898
– Interest Rate 1% per year during grace period and 1.5% per year
thereafter
Loan 1899
– Interest Rate 1% per year during grace period and 1.5% per year
thereafter
8. Disbursements
a. Dates
Initial Disbursement Final Disbursement Time Interval
24 December 2001 28 August 2007 68 months

Loan 1897
27 December 2001 22 December 2004 27 months
Loan 1898
17 June 2003 2 July 2009 72 months
Loan 1899
Effective Date Original Closing Date Time Interval
Loans 1897, 1898 24 December 2001 30 June 2005 53 months
Loan 1899 24 December 2001 30 June 2006 54 months

iii
b. Amount
Last
Original Revised Amount Net Amount Amount Undisbursed
Category Allocation Allocation Canceled Available Disbursed Balance
Loan 1897 (¥)
Access to Justice 29,388,150,000 0 0 29,388,150,000 29,388,150,000 0
Program
Front-end fee 296,850,000 0 0 296,850,000 296,850,000 0
Total 29,685,000,000 0 0 29,685,000,000 29,685,000,000 0
Loan 1898 (SDR)
Access to Justice 67,914,000 0 0 67,914,000 67,914,000 0
Program
Total 67,914,000 0 0 67,914,000 67,914,000 0
Loan 1899 (SDR)
Consulting services 7,042,000 0 0 7,042,000 1,002,140 6,039,860
Training and 1,565,000 0 0 1,565,000 360,082 1,204,918
workshops
Public awareness 1,565,000 0 0 1,565,000 178,079 1,386,921
campaign
Equipment and 3,129,000 0 0 3,129,000 614,670 2,514,330
materials
Interest charge 391,000 0 0 391,000 32,435 358,565
Unallocated 1,956,000 0 0 1,956,000 0 1,956,000
Total 15,648,000 0 0 15,648,000 2,187,409 13,280,594
9. Local Costs (Financed), Loan 1899

- Amount $2,097,926
- Percent of Local Costs 14.45%
- Percent of Total Cost 63.33%
C. Program and Project Data
1. Program and Project Costs ($)

Cost Appraisal Estimate Actual
Loan 1897
Foreign exchange cost 243,200,000 257,764,252.03
Local currency cost 0 0
Total 243,200,000 257,764,252.03
Loan 1898
Foreign exchange cost 86,800,000 92,709,295.60
Local currency cost 0 0
Total 86,800,000 92,709,295.60
Loan 1899
Foreign exchange cost 8,000,000 1,214,576
Local currency cost 12,000,000 2,097,926
Total 20,000,000 3,312,502
iv
2. Financing Plan
Cost Appraisal Estimate Actual
Loan 1897 (¥)
First tranche release 7,714,192,000 7,714,192,000
Incentive tranche release 3,051,500,000 3,051,500,000
Second tranche release 9,154,500,000 9,154,500,000
Third tranche release 9,764,808,000 9,467,958,000
Total 29,685,000,000 29,388,150,000
Loan 1898 (SDR)

First tranche release 28,793,000 28,793,000
Incentive tranche release 19,561,000 19,561,000
Second tranche release 19,560,000 19,560,000
Total 67,914,000 67,914,000
Loan 1899 (SDR)

Implementation Costs
ADB financed 15,648 2,187,409
Total 15,648 2,187,409
Interest Charges
ADB financed 391,000 32,435
Total 391,000 32,435
ADB = Asian Development Bank, IDC = interest during construction.
3. Cost Breakdown by Program and Project Components

Component Appraisal Estimate Actual
Loan 1897 (¥)
Access to Justice Program 29,388,150,000 29,388,150,000
Front-end fee 296,850,000 296,850,000
Total 29,685,000,000 29,685,000,000
Loan 1898 (SDR)

Access to Justice Program 67,914,000 67,914,000
Total 67,914,000 67,914,000
Loan 1899 (SDR)

Consulting services 7,042,000 1,002,140
Training and workshops 1,565,000 360,082
Public awareness campaign 1,565,000 178,079
Equipment 3,129,000 614,670
Interest charge 391,000 32,435
Unallocated 1,956,000 0
Total 15,648,000 2,187,409
v
4. Program and Project Schedules

Item Appraisal Estimate Actual
Loan 1897 (¥)
First tranche release Upon loan effectiveness 27 December 2001
Incentive tranche release by 30 June 2002 20 November 2002
Second tranche release by 30 June 2003 22 December 2004
Third tranche release by 31 December 2004 28 August 2007
Loan 1898 (SDR)
First tranche release Upon loan effectiveness 27 December 2001
Incentive tranche release by 30 June 2002 20 November 2002
Second tranche release by 30 June 2003 22 December 2004
Item Appraisal Estimatea Actual
Start Completion Start Completion
Loan 1899 (SDR)
Date of contract with consultants 3 August 2004 22 May 2009
Training and workshops 3 August 2004 2 September 2005
Public awareness campaign 3 August 2004 2 September 2005
Equipment and materials 14 August 2003 30 April 2009
a
The report and recommendation of the President does not have a procurement plan.
5. Program Performance Report Ratings

Ratings
Development Implementation
Implementation Period Objectives Progress
Loan 1897
From 31 December 2001 to 30 December 2002 Satisfactory Satisfactory
From 31 December 2003 to 31 October 2004 Satisfactory Satisfactory
From 1 November 2004 to 30 November 2004 Satisfactory Partly Satisfactory
From 1 December 2004 to 30 April 2006 Satisfactory Satisfactory
From 1 May 2006 to 31 July 2006 Satisfactory Partly Satisfactory
From 1 August 2006 to 31 August 2007 Satisfactory Satisfactory
Loan 1898
From 31 December 2003 to 31 October 2004 Satisfactory Satisfactory
From 1 November 2004 to 30 November 2004 Satisfactory Partly Satisfactory
From 31 December 2005 to 30 April 2006 Satisfactory Satisfactory
From 1 May 2006 to 31 July 2006 Satisfactory Partly Satisfactory
From 1 August 2006 to 31 August 2007 Satisfactory Satisfactory
Loan 1899
From 1 January 2003 to 30 April 2003 Satisfactory Satisfactory
From 1 May 2003 to 31 May 2003 Partly Satisfactory Satisfactory
From 1 June 2003 to 31 August 2003 Satisfactory Satisfactory
From 1 September 2003 to 31 October 2003 Satisfactory Partly Satisfactory
From 1 November 2003 to 31 October 2004 Satisfactory Satisfactory
From 1 November 2008 to 28 February 2009 Satisfactory Satisfactory
vi
D. Data on Asian Development Bank Missions

No. of
No. of Person- Specialization
Name of Mission Date Persons Days of Membersa
Loan fact-finding 20 Jun to 11 Jul 2001 4 69 a, b, c d
Loan appraisal 20 Aug to 12 Sep 2001 5 103 a, b, c, d, e
Loan negotiations 9–11 Nov 2001 7 21 a, b, d, m, n, o
Inception mission 18 Jan to 10 Feb 2002
Consultation mission 1 b May 2002
Consultation mission 2 b Jun 2002
Consultation mission 3 b Aug 2002
Incentive tranche mission c 11–16 Sep 2002 3 18 b, k, m
Loan review mission 1c 6–19 Feb 2003 3 42 b, k
Loan review mission 2b 6-16 Mar 2004
Loan review mission 3 30–31 Dec 2004 1 2 f
Loan review mission 4 2 Nov 2005 1 1 f
Loan review mission 5 14 Jul to 1 Aug 2006 8 16 f, i
Loan review mission 6 2–3 Oct 2006 2 4 f, g
Loan review mission 7 1 Jul 2007 1 1 f
Loan review mission 8 28 Nov 2007 1 1 h
Loan review mission 9 25–27 Nov 2008 2 6 g, h
Annual performance review 1 6–19 Feb 2003 3 42 b, f, k,
Annual performance review 2 11 Dec 2005 to 31 Jan 2006 2 10 f, i
Annual performance review 3b 28 March to 26 April 2007
Program completion review 1c 26 May to 4 June 2009 2 20 g, j, l
Program completion review 2c 24–28 August 2009 4 25 g, j, l
a
a = senior counsel and co-mission leader, b = senior governance specialist, c = intern, d = senior programs officer
and co-mission leader, e = manager, f = project officer (governance), g = consultant, h = assistant programs analyst, i
= head, governance unit, j = assistant project analyst, k = assistant general counsel, l = principal financial specialist,
m = programs manager, n = counsel, o = control officer
b
Mission details not available.
c
The Pakistan Resident Mission provided support to the missions in the field.
I. PROGRAM DESCRIPTION
1. On 20 December 2001, the Asian Development Bank (ADB) approved the Access to
Justice Program (AJP) for Pakistan. 1 The AJP included two policy loans—one from ADB's
ordinary capital resources (OCR) for the equivalent of $243.2 million and one from the Asian
Development Fund (ADF) for the equivalent of $86.8 million, a technical assistance (TA) loan for
the equivalent of $20 million from the ADF for Institutional Development for Access to Justice,
and a TA grant of $900,000.2 The long-term objective of the AJP was to reduce poverty and
promote good governance through improvements in the rule of law. The AJP outcome is
improved access to justice, in order to (i) provide security and ensure equal protection under the
law to all citizens, particularly the poor; (ii) secure and sustain entitlements, and reduce the poor's
vulnerability; (iii) strengthen the legitimacy of state institutions; and (iv) create conditions
conducive to pro-poor growth.3
2. The two policy loans included six judicial outcomes: (i) better policy making, (ii) stronger
judicial independence, (iii) greater efficiency, (iv) legal empowerment of the poor and vulnerable,
(v) better judicial governance, and (vi) human resource development. It also contained six police
reform outcomes: (i) insulation of police from interference, (ii) improved capacity,
(iii) establishment of an independent prosecution service, (iv) greater police accountability and
transparency, (v) better liaison between the police and citizens, and (vi) public awareness and
protection of rights. Outcomes were to be achieved through 64 policy actions implemented at the
federal and provincial level.4 These actions were organized under five outputs: (i) provide a legal
basis for judicial,5 policy, and administrative reforms; (ii) improve the efficiency, timeliness, and
effectiveness in judicial and police services; (iii) provide greater equity and accessibility in justice
services for the poor; (iv) improve predictability and consistency between fiscal and human
resource allocation, and the mandates of reformed judicial and police institutions; and (v) ensure
greater transparency and accountability in the performance of justice sector agencies. This
program completion report (PCR) provides an overview and a preliminary evaluation of the AJP.
1
ADB. 2001. Report and Recommendation of the President to the Board of Directors: Proposed Loans and
Technical Assistance Grant to the Islamic Republic of Pakistan for the Access to Justice Program. Manila.
2
Subsequently, the TA grant amount was increased to $1.34 million and additional TA for police reforms in the
Punjab was provided: ADB. 2004. Technical Assistance to the Islamic Republic of Pakistan for Implementing Public
Safety Reforms in Four Districts of the Province of Punjab. Manila (TA 4537-PAK, for $0.95 million, approved on
23 December); and ADB. 2007. Technical Assistance to the Islamic Republic of Pakistan for Support to
Governance Reforms in Pakistan. Manila (as a sub-project under TA 4922-PAK, for $11.5 million, approved on
4 September). Note: The AJP was preceded by several ADB TAs. ADB. 1997. Technical Assistance to the Islamic
Republic of Pakistan for Strengthening Government Legal Services and Subordinate Judiciary. Manila (TA 2979-
PAK, for $150,000, approved on 31 December); ADB. 1998. Technical Assistance to the Islamic Republic of
Pakistan for Legal and Judicial Reform Project. Manila (TA 3015-PAK, for $995,000, approved on 7 May); ADB.
2000. Technical Assistance to the Islamic Republic of Pakistan for Strengthening Institutional Capacity for Judicial
and Legal Reform. Manila (TA 3433-PAK, for $2.9 million, approved on 7 December); ADB. 2001. Technical
Assistance to the Islamic Republic of Pakistan for Supporting Access to Justice under the Local Government Plan.
Manila (TA 3640-PAK for $150,000, approved on 19 March).
3
Government of Pakistan, Planning Commission. 2001. Three Year Poverty Reduction Program, 2001–2004.
Islamabad.
4
In effect, the program had more than 250 policy actions, based on implementation at the provincial levels.
5
The term "judicial" includes institutions responsible for delivery of administrative justice.
2
II. EVALUATION OF DESIGN AND IMPLEMENTATION
A. Relevance of Design and Formulation
3. The AJP's design and formulation were and remain relevant. The program design was
well-grounded in the broader political economy context pertaining to the law and justice sector.
Its formulation aimed at addressing the challenges as well as opportunities arising from decades
of successful and failed reforms efforts. Access to justice has been on the agenda of public
policy in Pakistan for many years. Despite sporadic attempts by successive governments,
equitable and easy access to justice, including legal empowerment, for the poor and the
disadvantaged has been elusive. The performance of nearly all justice sector institutions has
contributed to disaffection of citizens in the country. The development of Pakistan’s legal
framework since independence in 1947 became a mixture of history, international experience,
expediency, and society’s aspirations. The land administration laws were based on the age old
patwari system perfected in the 14th century, whereas the criminal law was codified by the
British in the 19th century. Islamic Fiqh had been instrumental in defining family laws and some
parts of the criminal law. The civil law was recodified early in the 20th century. The basic law, as
a strong foundation for the legal and political system, was twice suspended and temporarily
replaced by provisional constitutions penned by military governments in 1977 and 1999, under
the doctrine of necessity. In 2000, the Supreme Court again validated the fourth military
intervention, allowing a Legal Framework Order to serve as the basic law of the land. The four
military interventions took a toll on judicial independence. Superior courts were purged of
independent judges in 1980 and 2000 under provisional constitution orders of military
governments. The new courts, created after the purges, were seen as acquiescing in the
executive’s transgressions.
4. Prior to 2000, eight judicial commissions had recommended changes to substantive and
procedural law.6 However, these recommendations were only partially implemented, as law and
justice reform never formed part of any major policy agenda. Generally, procedural laws created
largely in the nineteenth century, with periodic revisions under the British colonial rule, came
under focus. The codification in English brought many advantages, including systematization
and standardization. But it also removed the word of law a few steps from the vernacular
speaking millions. Organizational weaknesses of courts, process serving agencies, police,
prosecution, and executive magistracy contributed to mounting difficulties for litigants.
5. By the end of the 1990s, about 36% of Pakistan’s population was living below poverty
line.7 Although the incidence of poverty was high, turnover among the poor was also rapid. A
large proportion of the poor were dependent on informal sector wage labor. While relatively
egalitarian in terms of “income poverty,” the capacity of the poor to access public entitlements—
like political processes or goods and services that determine human development—contrasted
strikingly with that of the rich. Most key indicators, like infant mortality, fertility, population growth,
literacy rates and primary school enrollment remained low compared with the average for low-
income countries, and most indicators were markedly worse for women and girls. Finally, and
6
The eight law reform commissions were the: (i) Law Reform Commission of 1958, (ii) Law Reform Commission of
(1967-1970), (iii) "High-Powered" Law Reforms Committee of 1974 (otherwise known as the Hamood-ur-Rahman
Commission), (iv) Law Reforms Committee for Recommending Measures for Speedy Disposal of Civil Litigation of
1978, (v) Secretaries' Committee of 1979, (xi) Salahuddin Ahmed Committee of 1980, (xii) The Committee on the
Islamization of Laws and Establishment of Qazi Courts of 1980, and (xiii) Commission on the Reform of Civil Law
of 1993.
7
Human Development in South Asia 1999: The Crisis of Governance, Oxford University Press, p.112
3
not least important, the poor equated poverty with increasing insecurity and vulnerability arising
from sectarian violence, communal clashes, and declining law and order.8
6. By the late 1990s, the capacity of the judiciary to deliver justice had been overwhelmed
by the work load. In 1998, there was one judge to 106,000 citizens in the Punjab, in the North
West Frontier Province (NWFP) it was 1:93,000, while in both Sindh and Balochistan it was
1:73,000.9 Various assessments recorded frivolous litigation accounted for between 25% and a
staggering 50% of all cases. Cases took a long time to be disposed due to factors in judiciary,
legal fraternity, prosecution, litigants, and flawed laws. By 2000, over 1 million cases were
pending in the court system. 10 Procedural delays were recognized at the highest levels of
government as the bane of the judicial system. Judicial administration suffered from a lack of
transparency, accountability, poor case management, ineffective delay reduction, manual rather
than automated systems, limited court information systems, poor human resource management,
and crumbling and inadequate infrastructure.11 Years of chronic under financing compounded
these problems, contributing to their progressive downslide.12
7. Dissatisfaction with the performance of the judiciary has been repeatedly and continually
aired in the media and through national surveys. Corruption in lower courts was a major
contributor to Pakistan’s low rating on the Corruption Perception Index. 13 Over 38 million
citizens trapped in poverty found their problems compounded by the difficulty to access justice
and resorted to parallel alternative dispute resolution systems with little predictability. The
nominal justice gap14, with rising crime rate in the country, stood at a high 90%.15 The Human
Rights Commission of Pakistan found that crimes relating to women had a worse situation when
victims could not get access to police or justice.16 In addition to economic deprivation and social
exclusion, denial of justice was also noted as a major factor contributing to suicide, 17 an
indicator of systemic weakness.
8. Against this political economy context, ADB entered the law and justice sector in
Pakistan in 1997 with a small-scale TA project, 18 in response to a request from the then
Government through the Minister of Law, Justice, Human Rights and Parliamentary Affairs. Six
months later by a larger advisory TA project was approved. 19 Law and justice reform was
consistent with ADB’s recognition that a pro-poor legal and institutional framework for economic
development would improve predictability, transparency, accountability, and participation in the
DMCs, and ADB’s support and lending operations.20 ADB was not alone in its view that a solid
foundation of the rule of law, supported by legal reform, was a necessary condition for poverty
8
See also Government of Pakistan. 2002. Between Hope and Despair, National Report, Pakistan Participatory
Poverty Assessment. Planning Commission. Islamabad.
9
Report of TA 3105 PAK: Legal and Judicial Reform.
10
ADB. 2006. AJP Annual Performance Report. Islamabad.
11
See the findings of studies conducted under TA 3015 in preparation for AJP.
12
Studies under TA 3105 documented the chronic under-financing of the justice sector.
13
CPI 2001 gave a score of 2.3 to Pakistan and ranked it at number 79. Transparency International Pakistan. 2002.
Nature and Extent of Corruption in Pakistan. Available at www.transparency.org.pk
14
Defined as the ratio of convictions to reported crimes.
15
Quoted from meeting with Home Secretary, Government of Punjab.
16
Available: www.onlinewomenpolitics.org
17
Khan, M. S. 2005 The Denial of Justice—the Cost. unpublished paper.
18
ADB. 1997. Technical Assistance to the Islamic Republic of Pakistan for Strengthening Government Legal
Services and Subordinate Judiciary, Manila (TA 2979-PAK, for $150,000, approved on 31 December).
19
ADB. 1998. Technical Assistance to the Government of Pakistan Legal and Judicial Reform Project. Manila (TA
3015-PAK, for $995,000, approved 7 May).
20
ADB. 2000. Law and Policy Reform at the Asian Development Bank. Manila.
4
reduction and equitable economic development.21 When the military government announced in
1999 that access to justice and decentralization were two of its seven policy priorities, a window
of opportunity opened for ADB to build on results of its earlier TA project and develop a
comprehensive law and justice reform program. To support the design and implementation of a
proposed program loan, another advisory TA project was approved in late 2000, providing
specialists to the Government.22
9. The AJP built upon earlier government initiatives to improve the administration of justice,
and reflected the government's strong commitment to strengthen the rule of law and reform
justice sector institutions to improve governance in Pakistan. While these have resulted in some
improvements, a number of factors, including absence of sustained political will, political and
economic instability, vested interests, and ineffective sequencing, undermined earlier initiatives.
The AJP attempted to address these constraints.23 It was consistent with the government's
Three Year Poverty Reduction Program (2001), local government plan (2001), and ADB's
governance support strategy for Pakistan. The AJP was one of two ADB programs supporting
Pakistan's governance reforms—the core of ADB's country strategy and program for Pakistan.24
The design of the AJP reflected a comprehensive approach to reform based on concerns that
piecemeal attempts in this sector were unlikely to succeed. While judicial reforms were based
on diagnostic studies prepared under ADB advisory TA projects (footnotes 1 and 2; Appendix 3),
police reforms were largely designed by the government.
10. Because of the significant time needed to implement institutional reforms effectively in
the justice sector, the AJP was viewed as the first phase of ADB's long-term financial assistance
and reflected a building block approach to reforms: (i) the AJP promoted outcomes based on the
government's policy commitments, and focused on enabling legal and regulatory arrangements;
(ii) where such commitments and arrangements had been secured, the AJP supported the
establishment of corresponding institutional arrangements; and (iii) where these institutional
arrangements had not yet become fully functional, the AJP helped in meeting the costs of
adjustment.
11. The AJP included some innovative design features. To develop stronger ownership of
the reforms, proceeds from the AJP policy loans were earmarked to increase budgetary
allocations to key implementing agencies. Under agreements between the federal and provincial
governments, 60% of counterpart funds generated from policy loan proceeds were to be used
for capital works to improve judicial and police facilities. The government agreed to monitor the
use of these funds regularly and conduct a performance audit during AJP implementation. An
additional $25 million of counterpart funds generated from policy loan proceeds were used as
an endowment for the Access to Justice Development Fund (AJDF), an extra-budgetary facility.
With an expected annual income of about $1 million, the AJDF was intended to provide a
sustainable source of funding for subordinate courts, educational and research institutions, bar
21
Van Puymbroeck, R. V. (ed.) 2003. The World Bank Legal Review: Law and Justice for Development Volume 1.
Kluwer Law International. World Bank. Washington D.C.
22
ADB. 2000. Technical Assistance to the Government of Pakistan for Strengthening of Institutional Capacity for
Judicial and Legal Reform. Manila. (TA 3433-PAK, for $2.9 million, approved on 07 December).
23
The previous government identified judicial reform as part of its 2020 vision, and the new military government
included "delivery of justice at the doorstep" in its seven-point reform agenda.
24
The other core governance program was the Decentralization Support Program. ADB. 2002. Report and
Recommendation of the President to the Board of Directors: Proposed Program and Technical Assistance Loans to
the Islamic Republic of Pakistan for the Decentralization Support Program. Manila (Loans 1935/1936-PAK). This
program became effective in 2002, after AJP approval.
5
associations, and Federal Judicial Academy (FJA). The TA loan and grant funds were to be
used to develop capacity to implement AJP reforms.
B. Program Outputs
1. Judicial Reforms
12. Improving policy making. Good progress was made in improving the framework for
policy making for a more efficient and citizen-oriented judicial and legal sector that promotes
access to justice. 25 Amendments to the Law Commission Ordinance, 1979 expanded the
composition and the mandate of the Law and Justice Commission of Pakistan (LJC).26 The LJC
now includes representatives from the judiciary27 and other key stakeholders. Their expanded
mandate includes strengthening the administration of justice by (i) recommending improvements
to legal education standards; (ii) administering and managing the ADJF; (iii) preparing schemes
for access to justice, legal aid, and protection of human rights; (iv) developing and augmenting
human resources for court administration and case management; and (v) coordinating
interaction between the judiciary and the executive. The National Judicial Policy Making
Committee (NJPMC) was established to promote uniform judicial policy and provide leadership
in the sector in coordination with the LJC. The NJPMC includes the chief justice of Pakistan,
chief justice of the Federal Sharia Court, and the four High Court justices. 28 The NJPMC
institutionalized the former Chief Justices Committee, which had no legal status or mandate.
Recently, the NJPMC adopted a National Judicial Policy (2009), which focuses on promoting
judicial independence, addressing judicial misconduct, eradicating judicial corruption, and
expeditiously disposing of cases.
13. Strengthening judicial independence. Good progress was made in strengthening

judicial independence by separating the judiciary from the executive, and by ensuring that
mandates of the judiciary are adequately funded. The AJP helped improve judicial autonomy by
ensuring that only the judiciary will try crimes. Adjudicatory powers of executive magistrates
were transferred to the judiciary under the Local Governance Ordinance, 2001. Executive
magistrates subsequently joined the judiciary or were reassigned to other executive posts.
14. A framework to improve judicial capacity to prepare and negotiate budgets with the
Department of Finance was institutionalized, and judicial resources were increased. The
judiciary was included in the medium-term budget framework for the federal and provincial
governments and received related training to enable it to prepare and implement medium term
budgets. Budgetary allocations were increased in real terms and as a percentage of federal and
provincial budgets. At the federal level, the budget of the federal Supreme Court and
subordinate courts more than doubled from PRs466 million at the start of AJP implementation in
2001 to PRs925 million in 2008. Provincial budgets increased on average by 18.12%.
Allocations for the district judiciary increased as a percentage of the total allocation to the sector
in all provinces except Balochistan. This reversed the long-term trend of underfunding to the
25
Pakistan follows a system of jurisprudence based on English common law.
26
Law Commission (Amendment) Ordinance 2002.
27
The Pakistan judiciary refers to the system of dispute resolution implemented in the four provinces of Pakistan.
28
See Law and Justice Commission of Pakistan. 2006. Annual Report 2006. Islamabad. See also recent National
Judicial Policy pronouncements. Secretariat, Law & Justice Commission of Pakistan. National Judicial (Policy
Making) Committee. 2009. National Judicial Policy 2009 Report. Islamabad. http://www.ljcp.gov.pk.
6
sector and smaller allocations to the lower judiciary.29 The superior courts also obtained fiscal
autonomy to make reallocations within the budget.
15. The AJP led to better court facilities, helping to end a trend of little or no capital
investment in such facilities from the time of Pakistan's independence. National standards for
buildings and equipment were adopted to clarify funding needs, and the judiciary assumed
responsibility over its buildings. The AJP funded the construction of new court houses,
additional court rooms, judges' chambers and residences, bakhshi khanas (temporary jails in
the courts) facilities for prisoners on trial, and litigant sheds. This construction changed the court
premises landscape in many cities and towns across the country. At the time of this PCR, as
many as 501 infrastructure projects had been completed and construction work on 58 more was
continuing30 (Appendix 2).
16. The AJDF was established to provide supplementary financing to the sector through
seven funding windows (provincial development fund, legal empowerment fund, legal education
fund, legal and judicial research fund, federal judicial academy fund, fund for underdeveloped
regions, and fund management). The LJC manages the AJDF. Under the AJDF rules, LJC
invested the AJDF endowment in Pakistan investment bonds, which have earned PRs527.0
million ($6.4 million) to date. From this income, PRs229.6 million ($2.8 million) has been
disbursed through the provincial judicial development fund, legal empowerment fund, and fund
management windows to support automation, infrastructure, information kiosks, and litigant
amenities at the subordinate courts. Because of the LJC's limited capacity, other AJDF windows
have not been opened (Appendix 4).
17. Ensuring expeditious and inexpensive justice. The AJP helped to improve court
efficiency through case flow management reforms.31 Before the AJP, civil cases could take up to
15 years to resolve.32 In some districts, the average length of civil cases has been shortened to
3 years.33 From 2005 to 2008, the Supreme Court cut its backlog from about 80,000 cases to
19,055 cases. 34 The average length of cases in other courts has also been reduced. 35 An
independent study conducted in 2004 confirmed the increase in judicial efficiency. This study
noted that judges disposed of 25% more cases after the case management reforms, which had
a positive effect on entrepreneurship. The study concluded that if the reforms were scaled up,
29
However, expenditures for non-salary items decreased and budgetary allocations as a percentage of total revenue
expenses are still quite low. For example, for fiscal year 2008, the Supreme Court (SC) received .00765% of the
budget; the Lahore High Court .86%, the High Court of Sindh 0.68%; Peshawar High Court 0.17%, and the High
Court of Balochistan 0.36%. See National Judicial Policy 2009 Report.
30
Law, Justice and Human Rights Division, web site. Access to Justice Program.
31
With support under ADB TA 3433 (see footnote 2), the judiciary piloted delay reduction and case backlog reforms
in 10 courts in Karachi, Lahore and Peshawar. Pilot courts were chosen where delay was substantial and chronic.
The 10 subordinate court judges who participated were chosen based on their standing in the legal community,
willingness to participate, level of judicial experience, and leadership that their superiors would provide to them
during the project. The judges visited Singapore's "state of the art" subordinate courts and also received training at
the FJA on case management techniques. A bench and bar liaison committee was established in each pilot court
to develop and monitor operations, and to organize regular meetings and workshops to enable pilot court judges
and lawyers to share their experience.
32
Armytage, L. 2003. Pakistan's Law and Justice Sector Reform Experience–Some Lessons. 13th Commonwealth
Law Conference. Melbourne. 14 April.
33
See Government of Pakistan, Ministry of Law. 2005. AJP Brief. Islamabad, July, pp. 4-19.
34
See National Judicial Policy 2009 Report, and Chemin, M. 2008. The Impact of the Judiciary on Entrepreneurship:
Evaluation of Pakistan's Access to Justice Programme. Journal of Public Economics.
doi:10.1016/j.jpubeco.2008.05
35
The number of pending criminal cases decreased from 5,691 in 2002 to 3,543 in 2004 in Balochistan and from
3,332 in 2002 to 2,001 in 2004 in Quetta. See Challenges in Implementing Access to Justice Reforms. 2005.
Report from ADB Symposium for Law and Policy Reform at the ADB. 26-28 January. See also Appendix 1.
7
this would increase the entry rate for entrepreneurs36 in Pakistan from 2.3% to 3.6%, which
translates into an increase in gross domestic product of 0.5%. As reflected in the National
Judicial Policy 2009, which includes time limitations for processing cases through the courts, the
judiciary remains committed to these reforms.
18. The AJP included legislative reforms to improve court efficiency. First, a federal
ordinance to establish courts for small causes (claims up to PRs100,000) and minor criminal
offenses (punishment less than 3 years) was adopted to expedite the resolution of these cases
and free up court time. 37 Legislative changes made it easier for citizens to register habeas
corpus cases against unlawful detention with district and sessions court judges. Previously
citizens had to file these cases in High Courts in provincial capitals or major cities. Second, to
improve the framework for administrative justice, legislative amendments were enacted to
provide security of tenure to ombudsmen. 38 Third, the Code of Civil Procedure, 1908 was
amended to provide for court-annexed mediation and a draft arbitration bill was prepared with
the help of an AJP TA loan consultant.39 However, the impact of these reforms is not clear. For
example, the courts for small causes and minor criminal offenses have not yet been
established, and few cases appear to have been filed under the new law. The lower courts and
the bar continue to resist alternative dispute resolution.40 Reforms to institutionalize a framework
for mediation of petty local disputes through Musalihat Anjuman (Reconciliation Councils) have
not been not successful.41 Few Musalihat Anjuman have been established and most are not
functional because of the lack of incentives for local governments to establish them, lack of
awareness regarding their mandate, limited capacity among conciliators, and negative
experience with traditional jirgas (a tribal assembly of elders).42
19. Legally empowering the poor and vulnerable. The AJP strengthened the legal
framework to enable citizens to hold government officials accountable. A new Freedom of
Information Ordinance, 2002 was enacted to enable greater access to government information.
The ordinance has a large number of exemptions and applies only to the federal government;43
36
Entry rate, a key indicator of entrepreneurship, is defined as new firms (those that were registered in the current
year) as a percentage of lagged total registered firms. See Viewpoint. 2007, note number 316.
http://rru.worldbank.org/PublicPolicyJournal. See also http://rru.worldbank.org/documents/publicpolicyjournal/
316Klapper_Delgado.pdf
37
This new law supersedes the Small Causes Act (1887), which established Small Causes Courts with jurisdiction of
claims up to PRs25,000.
38
Resolution of complaints through the Ombudsman is free. If a government agency has done something wrong, a
simple application starts the grievance redress process. See Decentralization Support Program, National Program
Support office. Policy Dialogue Outcome Report. Access to Justice: Musalihat Anjuman & District Ombudsman
Office (2008).
39
During AJP implementation, the Karachi Center for Dispute Resolution (KCDR) was established with assistance of
the International Finance Corporation. KCDR offers mediation to litigants whose commercial cases are either
pending before the court or who have not yet filed a case in court.
40
National Judicial Policy 2009 confirms the judiciary's commitment to alternative dispute resolution to help address
the backlog and delays in cases.
41
Musalihat Anjumans are intended to provide citizens with quick and inexpensive justice through negotiated
settlements for a broad range of criminal and civil disputes. They consist of a panel of eminent persons. See
Access to Justice: Musalihat Anjuman & District Ombudsman Office 2008. Decentralization Support Program.
National Program Support Office. Policy Dialogue Outcome Report.
42
Musalihat Anjumans were intended to institutionalize traditional alternative dispute resolution mechanisms, such as
jirgas. Jirgas resolve disputes between two individuals. Disputants find a mediator, who is generally a local notable
and/or a senior religious leader. The mediator hears from both sides then forms a jirga, a tribal assembly of elders
who make decisions by consensus. The Sindh High Court held that jirgas were illegal in 2004. See Dawn (Internet
Edition). 2004. SHC Bans All Trials under Jirga. 25 April. See http://www.dawn.com/2004/04/25/top6.htm
43
The first Freedom of Information Ordinance was enacted in1997 but lapsed when it was neither re-promulgated nor
ratified by the parliament. The present Freedom of Information Ordinance was passed by a Presidential Ordinance
under a military government in September 2002 but the passage of the 17th Amendment has made it a law which
8
and implementing rules have not yet been enacted. While it has a number of shortcomings, it
does provide some rights to freedom of information and more importantly it has spurred the
debate on a more comprehensive freedom of information law. The Law Reforms Bill (2007) was
adopted to redefine good faith and remove immunity in case of negligent acts by public
servants. Courts were designated and the High Courts nominated judges in each district to hear
tort cases against public servants. Consumer protection laws were enacted in the four
provinces, and courts with jurisdiction to hear these cases were established along with
consumer protection councils. Environmental tribunals were established in Balochistan and
NWFP to complement those established earlier in the Punjab and Sindh.
20. The government also prepared simplified explanations of important laws in Urdu for the
public and began publishing simplified explanations in Urdu for all new laws.44 Amendments in
2002 to the General Clauses Act (1897), required all regulations and circulars that have the
effect of law to be published in the official gazette,45 which is available for free on the internet.46
Public information kiosks were established in all districts to improve litigants' access to
information, and related training was provided to 30–35 judicial staff in each province. A legal
empowerment fund was established under the AJDF, although it has not yet become
operational at the time of this PCR.
21. Improving judicial governance. The AJP helped to institutionalize a framework to

professionalize judicial management, promote greater citizen orientation in service delivery, and
improve judicial transparency and accountability. Under this framework, each High Court began
implementing performance-based bonus schemes, linked to annual performance reviews. A
judicial allowance, which is 27%–56% of the basic salary, was provided to subordinate judges,
making them the highest-paid civil servants. In Sindh and Balochistan, an additional 10% of the
salary was granted as a utility allowance, and the position of judicial officer in the subordinate
judiciary was elevated to the next grade of the national pay scale. In the Punjab, an amount
equal to three basic salaries was sanctioned.
22. The judiciary launched automation schemes and public information centers. High Courts
established information technology directorates, launched websites, and fixed electronic notice
boards outside of courtrooms to provide real-time information on cases being heard. A
framework for monitoring performance and investigating complaints against subordinate courts
was also established, and more than 15% of subordinate courts have been randomly audited.47
Inspection teams comprising one or more judges from each High Court inspect district courts on
an ongoing basis. Areas that are reviewed include case and case-flow management, case-
review disposal, and quality of judgments. The inspection teams report their findings to the chief
justice. High Courts investigate complaints against subordinate courts.
23. The judiciary required courts to publish annual reports on judicial performance. These
reports have been regularly published since 2001, although the quality of superior court reports
varies and the indicators to be used have not been settled, making monitoring of court
needs no ratification by parliament. A new Freedom of Information Act, 2008 is under consideration by the National
Assembly. See http://www.freedominfo.org/countries/pakistan.htm; http://www.crcp.org.pk/pr_03_july 2008.htm.;
Sindh recently enacted its Freedom of Information Act.
44
Most laws and judgments in Pakistan are written in English, which excludes the vast majority of the population.
45
Amending General Clauses Act, 1897.
46
The official website of the Government of Pakistan publishes the Gazette of Pakistan, which contains acts,
ordinances, regulations, orders, notifications, appointments, etc. See http://www.pakistan.gov.pk/gazpak.jsp. This
is not always up to date, however.
47
Under this framework, the auditor general of Pakistan has audited all superior (high) courts.
9
performance challenging. Judicial decisions are also required to be published pursuant to

amendments to the Law Report Act, 2002. This is a significant achievement. Before the AJP,
superior courts could prohibit publication. Judgments of High Courts, the Federal Shariat Court,
and the Supreme Court are now published monthly in law journals, and subordinate court
decisions can be obtained from the court record.
24. Improving human resource development. An unclear judicial mandate for training and
slow disbursement of the TA loan limited the impact of judicial capacity building initiatives under
the AJP. For the lower judiciary, the FJA developed training handbooks; adopted a 10-module
curriculum; and provided training on the courts for small causes and minor criminal offenses,
mediation, case flow management, fiscal management, gender and development, continuing
judicial education, delay reduction techniques, automation and computerization of judicial
systems, alternative dispute resolution techniques, and the medium-term expenditure
framework. The FJA also provided capacity building for the High Court. However, the FJA
continues to lack a systematic training program and sufficient capacity to undertake
comprehensive judicial training. To institutionalize these reforms, the judiciary needs to formally
recognize the training requirements. The AJP also supported provincial judicial academies. The
judicial academy in Sindh was revamped and moved to a new campus. Since 2007, Sindh and
the Punjab have mandated 6 months of training for newly appointed civil judges and judicial
magistrates at the respective provincial judicial academy. Provincial judicial academies in
NWFP and Balochistan are not yet fully functional. In the interim, short-term training has been
organized on an intermittent basis.
25. Progress in improving legal education has been limited. The government approved a
project worth $6.92 million to establish the National University of Law and Social Sciences with
five campuses to be centers of legal excellence. Applicants coming from disadvantaged
backgrounds and women would be given preference. Sub-campuses would be established in
each of the four provinces.48 Cabinet approval of this project has been continuously deferred.
While ADJF includes a fund for innovation in legal education, this fund is not yet operational.
However, the AJP policy dialogue helped the Lahore University of Management Sciences, a
leading private sector university, open a law school.
2. Police Reforms
26. Ensuring an independent, accountable, transparent and professional police force.

Reforms to professionalize the police and strengthen police accountability arrangements have
not been successful. Under the AJP, the federal government adopted the Police Order, 2002—
landmark legislation enabling the police to change from an organization that controls the public
to a more service-oriented and depoliticized organization. Control of the police was moved to
community-based public safety commissions (PSCs) at the federal, provincial, and district
levels. Prominent civil society members were to be appointed as PSC members. However,
under the Constitution, police is a provincial service and the provinces disagreed with many
provisions of this new law.
27. The Police Order was amended in 2004 and 2005. Pursuant to the amendments, district
PSCs and police complaint authorities were merged into public safety and police complaint
commissions (PSPCCs). While the original composition was designed to depoliticize the police
and prevent political intervention in its work, the composition of PSPCCs includes
parliamentarians. One-third of PSPCC members are now nominated from the local council and
48
See http://www.nlu.ed.pk
10
another third from the national and provincial assembly, undermining their independence. Few
PSPCCs have become fully functional, reflecting the lack of ownership for the reforms. Citizen
oversight mechanisms under the AJP remain mostly dormant or have been substantially
changed.49
28. The Police Order supported professionalization of the police by mandating the creation
of a National Police Bureau (NPB) and National Police Management Board (NPMB). The NPMB
is mandated to advise federal and provincial governments on policing policy matters and serve
as the secretariat of the National Safety Commission. The NPB and NPMB have not been able
to reach institutional maturity based on the unclear federal mandate. Complaints against the
police continue to rise, and the police continue to be viewed as the most corrupt government
department in Pakistan.50
29. Steps were taken to improve police capacity within the resources available, although the
AJP focused more on physical infrastructure.51 In Balochistan, the AJP funded the upgrading of
the Police Training College in Quetta. In the Punjab, the AJP supported construction of facilities
at training colleges and a training course for investigators. In the NWFP, the AJP supported
overseas training on forensic science for officers from the forensic science laboratory. The AJP
also helped the national police academy develop 72 modules of police training materials.
30. The AJP supported police specialization. Under the Police Order, the internal
organization of the police was revamped through the separation of watch and ward (patrolling)
from investigation to protect the integrity of investigations against interference. Subsequent
amendments to this law compromised this independence. District police officers and station
house officers were given control over the head of investigation in districts and police stations.
Further, investigation staff were required to be located within police stations. In most districts,
investigation staff have not been separated from watch and ward staff, who are investigating
cases meant to be investigated by investigation staff.
31. Establishing an independent prosecution service. The AJP made good progress in
institutionalizing the framework for an independent prosecution service in all four provinces.52
Legislation was enacted to enable the detachment of prosecution officers from the police and
the home and law departments.53 An independent prosecution service was established under a
new department of prosecution. In the Punjab and Sindh, prosecution departments are headed
by a secretary and prosecutor general, whose tenure is protected under the law. In the NWFP
and Balochistan, the director general of prosecutions performs the functions of the prosecutor
general. Recruitment procedures for prosecutors are based on merit through an examination
system conducted by public service commissions in the respective provinces. Prosecution
departments have begun to train law officers to carry out prosecutions.
32. Creating an independent police complaints authority. The Police Order provided for
the establishment of independent, nonpolitical police complaint authorities at the federal and
49
PSPCCs appear to have little or no sway on the local police. Provincial PSCs are not functional. The federal PSC
has been created, but has not been able to exercise its mandate.
50
Transparency International. 2009. Global Corruption Barometer 2009, see http://www.transparency.org/policy_
research/surveys_indices/gcb/2009.
51
Additional training of the police is being supported under several ADB TA projects. See Appendix 3.
52
An independent prosecutor has discretion in deciding whether to prosecute a case and the manner in which a case
is prosecuted. Before reforms in this area, prosecutors worked with the police or the courts, raising conflict of
interest concerns
53
See the Balochistan Prosecution Service Act, 2003; NWFP Prosecution Service Act, 2005; Punjab Criminal
Prosecution Service Act, 2006; and the Sindh Criminal Service Ordinance, 2007.
11
provincial levels to inquire into serious complaints of neglect, excess, misconduct, or corruption
by the police and members of law enforcement agencies. Amendments to this law merged the
police complaint authorities with PSCs, which compromised the functions of both bodies and
diluted accountability mechanisms.
33. Fostering better police–citizen relations. The Police Order envisioned the
establishment of citizen police liaison committees (CPLCs) throughout Pakistan to (i) provide
training and capacity building of PSPCC members and staff; (ii) develop mechanisms for liaison
between aggrieved citizens and police, and provide relief where warranted; and (iii) provide
assistance to PSPCC for expeditious and judicious discharge of their duties. Amendments to
this law adopted a demand-driven approach by providing for the establishment of voluntary,
self-financing, and autonomous CPLCs. Civil society demand has been limited. CPLCs have
only been established in capital cities and in some districts, including Karachi (before the AJP),
Faisalabad, and Gujranwala.54 To facilitate demand, ADB advisory TA provided resources to
provincial governments to conduct public awareness campaigns. However, failure to develop
and institutionalize a credible accountability mechanism for the police undermined this reform.
Acknowledging that civil initiatives like the CPLC cannot be legislated and are outside of
government's control, ADB granted the government a waiver for this action during the third
tranche release.
34. Raising gender and human rights awareness. Under the AJP, greater awareness of
the rights of women and human rights generally were incorporated into police training programs
and supported by statements from senior officials in the Ministry of Interior.
3. Gender Mainstreaming
35. The AJP helped to mainstream gender reforms in the justice sector. The AJP
empowered women through amendments to the Family Courts Act, which provide women with
greater protection in divorce cases.55 It helped to increase the number of women in the judicial
profession through an affirmative opportunities program that includes preferential home-based
postings and job quotas. The number of women judges in the subordinate judiciary nearly
doubled from 2001 to 2007. In that same period, the share of women judges in the lower courts
increased from 3.67% to 5.76% in the Punjab, from 5.88% to 11.90% in Balochistan, from
7.61% to 13.72% in NWFP, and from 7.30% to 15.45% in Sindh.56 For the subordinate judiciary
overall, the share of women judges has increased from 5.27% to 9.75% during this time.
36. The Ministry of Law, Justice, Human Rights and Parliamentary Affairs (MOL) partnered
with the Ministry of Women Development to implement the National Gender Reform Action Plan
in the justice sector. Under this plan, the NPB created a gender crime cell at the national level to
prioritize cases of crime against women. At the provincial level, the quota limiting the number of
police posts for women was abolished, and the police became an equal opportunity department.
Five women-only police stations have been established in Sindh, and in the Punjab and
Islamabad women police officers have been assigned patrol duties as traffic wardens.
54
In November 2009, the Minister of Northwest Frontier Province was reported to have formally approved the
establishment of a CPLC to provide the business community with an opportunity to help the police maintain law
and order.
55
As a result of these reforms, women are able to obtain a divorce more quickly (6 months to 1 year). Before these
reforms, a number of lawsuits had to be filed separately in the courts, which prolonged the process.
56
ADB. 2007. Progress Report on Tranche Release: Access to Justice Program in Pakistan. Manila.
12
C. Program and Project Costs
37. ADB supported the AJP with two policy loans—a loan from OCR for $243.20 million and
a loan from the ADF equivalent to $86.80 million. The government allocated $199.51 million of
the first three releases to implementing agencies to invest in much-needed infrastructure.
Counterpart funds generated from loan proceeds were used to provide a $25 million endowment
for the AJDF. The TA loan from the ADF, equivalent to $20 million, was provided to support
institutional development for access to justice. A TA grant of $900,000 was provided to support
the program management unit (PMU), and develop and implement independent monitoring and
evaluation systems. Subsequently, the TA grant amount was increased to $1.74 million.
D. Program and Project Schedule and Disbursement
38. The two policy loans were released in four tranches. The release of all but the first
tranche was rescheduled because of difficulties in completing policy actions, many of which
needed to be implemented at both the federal and provincial levels, within the planned time
frame. The first tranche of ¥7.7 billion (OCR) and SDR28.8 million (ADF) was released on 24
December 2001 upon fulfillment of all the first tranche conditions. The incentive tranche of ¥3.1
billion (OCR) and SDR19.6 million (ADF) was released 20 November 2002, 5 months later than
originally scheduled. The second tranche of ¥9.2 billion (OCR) and SDR19.6 million (ADF) was
released on 22 December 2004, 18 months later than originally scheduled. The third and final
tranche of ¥9.5 billion (OCR) was released on 28 August 2007, 18 months later than originally
scheduled.
39. A total of $3.3 million was disbursed from the TA loan, equivalent to only 16.6% of the
original loan amount of $20 million. The initial disbursement was made on 17 June 2003 and the
final disbursement on 2 July 2009. A summary of the project’s appraisal and actual financing
plans and costs are provided in the Basic Data section of this report. Appendix 5 provides a list
of consultants engaged under the TA loan.
E. Implementation Arrangements
40. MOL, as the executing agency, provided overall management through the PMU.
Federal-level implementing agencies included the Federal Ombudsman, FJA, Higher Education
Commission, LJC, Ministry of Interior, and. Provincial implementing agencies included the
departments of finance, home, law, and planning and development, with the coordinating role at
the provincial level resting with the latter. Provincial implementing agencies included the High
Courts, police, provincial ombudsman and PSPCC. Four provincial PMUs were subsequently
established.
41. MOL leadership was provided by the minister and the secretary. The points of contact
for the judiciary were the chief justices of the Supreme Court and the four provincial High Courts.
Police came under the Ministry of Interior and provincial home departments, but most of the
police reform was conceived and implemented under the National Reconstruction Bureau, a
public sector think tank. Infrastructure investments were managed by the provincial planning
and development departments. Provincial law and home departments were involved in setting
up the new prosecution departments and reform measures, such as judicial allowances and an
increase in recurrent allocations for the judiciary. A national steering committee (NSC), chaired
by the MOL and including representatives from the implementing agencies, helped oversee AJP
implementation. For each province, a provincial program review and coordination committee
(PPRCC) was established to lead, supervise, and carry out periodic reviews of TA loan activities.
13
PPRCC-endorsed work plans for investment under the TA loan were consolidated and
forwarded to the NSC for final approval. The LSC implemented the AJDF.
F. Conditions and Covenants
42. The policy loans included 64 policy actions. At the time of loan approval, 20 actions had
been complied with, and 23 actions were specified as conditions for the incentive tranche
release. The second tranche included 9 policy actions, while the third tranche included 12.
Overall, 58 actions were fully complied with, 5 substantially complied, and 1 was waived. Policy
actions and their implementation status are in Appendix 6. Considering that the program had
actions to be completed in each of the four provinces, there were over 250 policy actions in
essence.
43. The TA loan included 79 loan covenants that were generally complied with. No loan
covenant was modified, suspended, or waived. All major loan covenants concerning
implementation arrangements, including reporting, were complied with. However, due to
pervasive capacity constraints, required monitoring and evaluation reports, including audited
project accounts and audited financial statements, were generally submitted late. Most of the
reporting was done by the MOL with significant help from ADB TA consultants. The MOL had
difficulty maintaining management staff in the PMU and did not proactively manage the AJP nor
keep ADB timely updated on related policy discussions with other development partners. The
MOL collaborated with ADB review missions and, together with the implementing agencies,
provided necessary data, including an updated assessment of compliance with the tranche
release conditions. The borrower did not submit a PCR until the finalization of ADB’s PCR.
Appendix 9 shows the status of compliance with the AJP loan covenants.
G. Related Technical Assistance
44. The AJP was supported by a TA grant of $900,00057 and a $20 million TA loan. The AJP
TA grant helped the government draft laws, regulations, and rules; develop the capacity needed
to establish an independent prosecution service; convert TA loan funds into technical
investment proposals; monitor and evaluate AJP implementation; and respond to emerging
issues related to legal rights and entitlements of affected persons arising out of the earthquake-
affected areas in northern Pakistan in October 2005.58
45. AJP TA loan funds were designed to respond to technical, training, and limited hardware
defined by the implementing agency as necessary to implement the reforms. The TA loan
funded 85 technical investment proposals, of which 15 were completed and 70 are being
implemented (Appendix 5). The ADB TA grant consultants assisted the ADB TA loan
consultants in the design and implementation of technical investment proposals.
57
ADB. 2001. Technical Assistance to the Islamic Republic of Pakistan for Supporting and Monitoring Progress under
the Access to Justice Program. Manila ($2 million, including cofinancing of $450,000 from the Government of the
Netherlands, approved in December). Note the amount of the TA was subsequently increased to $1.34 million. See
footnote 2. The balance of funds from Strengthening of Institutional Capacity for Judicial and Legal Reform (TA
3433-PAK) also supported AJP implementation. See Appendix 3 for a list of TA projects that supported the AJP
and copies of related technical assistance completion reports.
58
Assistance helped to provide (i) national identity cards to create entitlements in disaster relief; (ii) legal documents
such as perished title deeds; (iii) legal facilitation and assistance; (iv) judicial, police, and public official training
workshops and legal awareness; and (v) public grievance review mechanism, and transparency in earthquake data
collection to ward off corruption.
14
H. Consultant Recruitment and Procurement
46. Under the TA loan, 55 individual domestic consultants for a total of 524 person-months
were recruited by the AJP PMU. On the TA grant, 29 domestic consultants were engaged by the
ADB to support the PMU in implementing the AJP. PRM managed the TA in close coordination
with the National Program Review and Coordination Committee (NPRCC). Consultants under
the TA loan and grant were selected and engaged according to ADB's Guidelines on the Use of
Consultants and other arrangements for recruitment acceptable to ADB. Procurement of goods,
services, and civil works for almost a million dollars of equivalent under the TA loan was carried
out in accordance with ADB's Guidelines for Procurement. Details are in Appendix 5.
I. Performance of Consultants
47. The performance of TA loan consultants was satisfactory considering the often difficult
circumstances associated with the Project. More than 80% of the consultants under the TA
grant were rated exceptional or satisfactory, while about 20% were rated generally satisfactory.
Overall, consultants possessed the capacity to provide solid technical advice as well as the
flexibility to meet client needs.
J. Performance of the Borrower and the Executing Agency
48. The performance of the borrower and executing agency was partly satisfactory. The
MOL and provincial implementing agencies lacked experience in implementing complex reforms,
which led to delays in AJP implementation. The MOL avoided issuing policy papers on key
reform issues, arguing that it could not take any position other than that mandated by the official
policy because it was part of a government ministry. Essential positions in the PMU, including
the project director, had a high turnover or were vacant for long periods. While ADB TA
consultants tried to help the MOL overcome capacity constraints, the ministry believed the
primary role for these consultants was facilitating loan disbursement, not capacity development.
During a 2005 review of the AJP, the MOL was unable to participate in TA review meetings
because of a lack of staff. The AJP required significant data collection to enable effective
monitoring of individual actions in the provinces. The MOL and the implementing agencies were
unable to develop an effective baseline monitoring system, or collect and monitor the status of
reforms.
49. The initial AJP design did not include provincial PMUs. To address the slow progress of
some key reforms and the low utilization of the TA loan, the provincial PMUs were established
in each of the four provinces in December 2005, and contract management and program
monitoring responsibilities were devolved to them. However, since most programming and
management decisions remained with the federal PMU, the provincial PMUs' difficulties with the
federal PMU continued, including insufficient response on requests for TA loan support. The
NSC met only met five times during the AJP, sometimes without the implementing agencies
represented by the same persons. Attendees were often not briefed well on the AJP, and
meetings focused more on management issues.
K. Performance of the Asian Development Bank
50. ADB performance was partly satisfactory. Since the AJP was a high-profile program, the
perception of ADB performance in Pakistan was affected by successes and failures attached to
the AJP. During the initial 4 years of implementation, ADB staff in the resident mission were
assigned to oversee AJP implementation and expended considerable effort. They played a
15
crucial role in advancing policy dialogue in a number of reform areas, and supported
implementation of several reform components. They regularly monitored policy actions and
established a close working relationship with AJP counterparts. From 2003, nine review
missions were fielded, totaling 73 person-days. Each visit reviewed the status of AJP
implementation, identified impediments, and engaged government counterparts in intensive
discussion on measures to resolve them. ADB responses to the government were generally
timely, and approvals and disbursements were undertaken promptly. Subsequently, the
absence of international governance staff in the resident mission constrained ADB's ability to
sustain substantive policy dialogue. ADB hired consultants under the ADB TA to help with
program implementation and was no longer directly engaged in the reform process.
Administrative inefficiencies also arose in ADB's management of the AJP. Internal systems for
organizing and filing consultant reports were not maintained. Some reports were not published
or widely disseminated. As a result, these reports are unavailable or inaccessible.
III. EVALUATION OF PERFORMANCE
A. Relevance
51. The AJP was relevant at the time of design and appraisal and it remains so at present.
The AJP's long-term objective and outcomes were and continue to be consistent with the
government’s development strategy and ADB’s strategic objectives in Pakistan. The AJP
addressed critical development constraints in Pakistan and urgent financing needs in the justice
sector. Interventions in the judicial sector were well developed in consultation with key
stakeholders, especially the government, which strongly owned the reform agenda. In contrast,
police reforms were largely led by the central government,59 and ownership by key stakeholders
became unclear in some critical areas during implementation (police independence,
accountability, and citizen liaison). While the design of the AJP was innovative in a number of
areas (e.g., ring fencing a portion of policy loan proceeds), in its attempt to be a comprehensive
approach to legal and judicial reform, it was too ambitious based on its broad scope and
formidable implementation risks, including pervasive capacity constraints that could not be
effectively mitigated. Implementation arrangements were not adequate and needed to be
subsequently revised to provide a greater role for the provinces. The absence of comprehensive
benchmark indicators that could be easily updated made it difficult to readily evaluate the AJP.
B. Effectiveness in Achieving Outcome
52. The AJP was effective in improving access to justice. The AJP was very timely based on
ongoing political changes. For example, the powerful office of the district commissioner was
abolished to address the concentration of executive and judicial powers, with many of these
powers going to the judiciary. Under the AJP, reforms in the judiciary, which comprised a
majority of the policy reform agenda, were largely successful. Judicial efficiency improved
and there is greater transparency and accountability in the delivery of judiciary services. Under
the AJP’s building block approach to reforms, more than fifty key laws and regulations were
enacted to help institute the framework for key policy reforms. Legislative changes made it
easier for citizens to register habeas corpus petitions against unlawful detention, obtain greater
access to government documents and hold government officials accountable, and obtain judicial
decisions, which previously were not available. New policy bodies were created, which continue
59
The AJP was designed when the military government was in power. The executive assumed a legislative role and
was able to issue more than 300 legal instruments during this period. Civilian rule returned in 2002 when federal
and provincial elections were held.
16
to provide leadership in the sector. The AJP has also directly contributed to a much needed
increase in the budget allocation to the sector and long overdue infrastructure improvements.
AJP has also been a catalyst for ongoing judicial reforms.
53. However, the AJP was less successful and less effective in improving police
performance and accountability. The key legislative reform in this area, the Police Order, 2002,
a federal ordinance adopted under the AJP, needed to be amended because police are a
provincial service under the Constitution and provincial views on accountability arrangements
varied. The amendments overturned reforms to professionalize the police and promote greater
accountability. As reflected in Appendix 1, public perception of police services has declined.
C. Efficiency in Achieving Outcome
54. The AJP was less efficient (Appendix 7) in improving access to justice, if the
performance of the Program is assessed in an integrated manner combining judicial and police
reforms and capacity building efforts. The policy loans were efficient, notwithstanding the
delayed disbursements The earmarking of AJP loan proceeds to increase budgetary allocations
to key implementing agencies, and agreement to allocate 60% of counterpart funds generated
from loan proceeds for capital investment enabled sector remuneration to increase to more
attractive levels and provided long overdue infrastructure investments in the sector, with a
potential for long term gain. 60 The improved incentive framework under the AJP has resulted in
improvements in judicial efficiency (Appendix 1). Improved court facilities (electronic bulletin
boards, public information kiosks) (Appendix 2) and police facilities (Appendix 2) are better able
to serve the public. Two critical factors impeded the Program's efficiency. First, the Program
loan disbursements were delayed significantly due to the delayed compliance with the policy
actions. Cumulatively, the last three tranches were delayed by 3.5 years. Second, the poor
utilization of TA loan funds reduced the AJP's ability to respond to emerging issues, or to
implement in a timely way the capacity reforms needed to ensure sustainability. While the
Program actions were complied with even without significant recourse to the TA loan resources,
the larger capacity building needs that were identified at the time of the design have not been
met. The demand on ADB staff resources to implement the AJP was also much higher than
envisioned.
D. Preliminary Assessment of Sustainability
55. Overall, the sustainability of AJP reforms is less likely. Reforms related to the judiciary
are likely to continue, as reflected in the recent reinstatement of the chief justice of Pakistan, the
recent issuance of a new judicial policy that reflects strong commitment to the reform agenda,
and the continued interest by development partners in supporting such reforms. 61 However
ongoing capacity constraints and inadequate infrastructure need to be addressed and supported
to retain momentum. Current macroeconomic conditions may make it difficult to sustain
60
While the ring fencing of program loan proceeds provided much needed infrastructure investments in the sector,
this approach raises fiduciary risks for ADB regarding utilization of allocated funds, especially in light of widespread
capacity constraints. While government audits on the use of these funds helped to mitigate these risks, an ADB
spot-check review of a number of a 10% sample of random schemes in 2005 highlighted some concerns. The
review found inadequate data, unrealistic cost estimates, poorly defined implementation schedules, and ineffective
coordination between concerned agencies. Monitoring and supervision of contract implementation showed that the
technical quality of sample schemes was unacceptable because of poor quality control by the contractor and
communication and works department. However, Sindh High Court schemes were consistenty rated high quality.
61
In recognition of the government's commitment to judicial reforms, the United States Agency for International
Development (USAID) in April 2009 approved a large TA grant ($89 million) to promote reforms in this sector with a
focus on judicial case flow management.
17
continued increased financial support to the sector. Reforms related to the police are less likely
due to conflicting views on reforms and weak coordination amongst key stakeholders. The
commitment to improving administrative justice is also unclear. While the AJP has helped to
build public awareness of the need for justice sector reforms, deeper reforms are needed to
significantly improve the rule of law.62
E. Institutional Development
56. The AJP’s contribution to institutional development is moderate. With respect to the
judiciary, the AJP improved governance practices, incentive structures, and capacity to lead and
manage the policy reform process. However, AJP’s contribution to improved skills and capacity
in the sector is not as clear, based in part on the slow disbursement under the TA loan, but
more importantly due to the lack of a clear judicial mandate for training. Institutional
development, in terms of police reforms, was less successful, with the notable exception of
development of an independent prosecution service
F. Impact
57. The AJP made a significant impact in terms of introducing socio economic changes. The
AJP helped accelerate reforms in the judiciary and the police, notwithstanding that additional
time is needed to develop stronger ownership and a clearer agenda for police reforms. The AJP
strengthened the credibility of reformers, as most recently evidenced by the reinstatement of the
Chief Justice of Pakistan based on widespread support. The AJP fostered policy learning and
built capacity for police formulation. It improved the public debate on policy development in the
sector. With respect to the judiciary, the AJP resulted in improved judicial efficiency (Appendix 1)
and improvements in gender mainstreaming in the sector.
58. The AJP was categorized environmental category B and has not had a direct
environmental impact. While the AJP included reforms to improve the enforcement of
environmental laws, the impact of these reforms has been hard to quantify because of the
difficulty in obtaining information about the status of relevant cases.
IV. OVERALL ASSESSMENT AND RECOMMENDATIONS
A. Overall Assessment
59. The program framework for the AJP integrates judicial and police reform outcomes,
while a majority of reforms under the policy loans’ framework focus on judicial reform outcomes,
which the TA loan helped to institutionalize. Based on this integrated program framework, AJP
is rated as Partly Successful (Appendix 7). This rating can be clarified as follows:
• Judicial reforms: Successful

• Police reforms: Less/Partly Successful
• Institutional Capacity Building through TA Loan: Unsuccessful (less than 17% of
the loan was utilized despite significant needs for capacity building and a 3-year
extension of this loan)
62
USAID. 2008. Pakistan Rule of Law Assessment: Final Report. Islamabad (November). The report notes that no
legal and judicial reform plan can change deep historical patterns of suboptimal behavior through sheer force of
elaborate design and planning. It is important to be realistic about what can be achieved over the shorter term.
18
60. However, evaluation of a complex program such as the AJP should be undertaken within
a broader political economy context outlined in paragraphs 3-8 above. Assessing the AJP under
the policy loans’ outcomes reflects strong performance by the judiciary in a number of areas
(see Table 1 below). Based on the policy loan outcomes, Appendix 8, which builds on Table 1,
shows a higher rating (Successful), which is accounted for by various positive outcomes,
including adoption of new laws, creating new policy-making bodies, strengthening judicial
efficiency, improving predictability and consistency between fiscal and human resource
allocation and requirements for the judiciary and the police, and improving judicial accountability
and transparency.
Table 1: Assessing the Access to Justice Program under the Policy Loans
Total Status of Assessment of
Policy Loan Outcome Areas Actions Compliance Performance
A. Judiciary FC SC Other REL EFTV EFCY SUS
1. Improved policy making 2 2 3 2 2 2
2. Strengthened judicial independence 7 6 1 2 2 2 2
3. Expeditious and inexpensive justice 13 13 2 2 2 1
4. Legal empowerment 11 9 2 2 2 1 1
5. Improved judicial governance 6 6 2 2 2 1
6. Human resource development 6 6 2 1 1 1
Subtotal 46 43 3 2 2 2 1
B. Police
1. Insulate police from interference 6 5 1 2 0 1 0
2. Improve police capacity 4 3 1 2 1 1 1
3. Establish an independent prosecution service 2 2 2 2 2 2
4. Improve police accountability and transparency 1 1 2 0 0 0
5. Improve liaison between police and citizenry 3 2 — 2 1 1 1
6. Public awareness and protection of rights 2 1 1 1
Subtotal 18 15 1 2 1 1 1
Total 64 58 5 1 2 2 2 1
— = waiver granted, EFTV = effectiveness, EFCY = efficiency, FC = fully complied with, REL = relevance, SC = substantially
complied with, SUS = sustainability.
Note: The highest score is 3 and the lowest score is 0.
Source: Asian Development Bank Staff.
B. Lessons
61. The AJP was too centrally designed and managed, supply-driven, and too complex
based on pervasive capacity constraints and ineffective coordination mechanisms. Without
strong demand and support from key stakeholders, including provincial governments, a number
of critical reforms (police) could not be effectively implemented. Police reforms also lacked a
well-grounded agenda, clear mandate, and capacity within the governments or ADB to
effectively implement. The MOL had never managed a project of this nature before, and project
planning for the TA loan was an added burden. The program had too many implementing
agencies, and the coordination framework was ineffective in resolving conflicts between the
MOL and the provinces. Tension between the judiciary and the executive branch, and executive
19
control of the program, also undermined program implementation at the local and provincial
government levels.
62. While earlier TA projects helped to develop benchmark indicators for the justice sector,
with the exception of data from the judiciary, other data were not generally updated or
maintained. This made it difficult to quantify achievements, build a case for sustained
intervention over the longer term, and effectively evaluate the AJP. Insufficient attention was
paid to consolidating and publishing outputs. Few knowledge products were produced, and
most of the reports produced are outdated. The AJP also lacked an effective communication
strategy that could have helped clarify program successes, manage expectations, and generate
stronger ownership and accountability.
63. Engagement of experienced staff assigned to the resident mission made ADB a more
credible partner in reform implementation. Without such engagement, ADB's role was reduced
to procurement disbursement reviews. Implementing many of the reform measures nationwide
was challenging. For a length of time, ADB was not able to sufficiently oversee project outputs,
which exposed ADB to criticism.
64. It was challenging to evaluate the AJP under the program's design and monitoring
framework, which had integrated reform outcomes, combining judicial with police reforms, the
latter accounting for a much smaller part of the reform agenda. In contrast, the policy loans'
framework separated judicial and police reform outcomes, which made it easier to highlight the
stronger results in judicial reforms.
C. Recommendations
1. Program Related
65. Reform programs should be demand-driven and based on sound analysis. In the design
and implementation phase, close collaboration is needed among key stakeholders to retain
momentum. Federal-level programs should provide provincial governments with sufficient
decision making to set their priorities and carry out their management, or they should be
replaced with subnational programs. Based on the inherent conflicts arising from the role of
executive branch agencies in public administration and the judiciary's independent role in
reviewing the legality of such actions, separate management of future programs and projects
involving both branches of government may be more appropriate. In the case of AJP, it was
both demand-driven and supported by significant analytical work ex ante. It faced several
challenges during implementation, because of its complexity.
66. Because of capacity constraints within ADB to manage complex justice sector programs,
it may be more effective and efficient to link reforms to increase access to justice with reforms in
other sectors that ADB is engaged in. Justice sector interventions could complement reforms in
core areas of ADB operations (e.g., enforcement of creditor rights to promote finance sector
development, and grievance redress in the energy sector to promote better public service
delivery), or build on synergies with ADB country programs. For example, the judiciary could be
included in provincial public resource management programs and build upon the AJP reforms
that improve judicial accountability and efficiency, and provide much-needed infrastructure
investment and capacity enhancement. Future interventions should focus on outcomes that can
be realistically implemented based on the government's mandate, capacity, and commitment,
and ADB capacity (staff and funding). Qualified and experienced staff, based in the resident
missions, should help manage the implementation of reforms.
20
67. Capacity constraints within the government need to be effectively assessed and
addressed. While consultants funded under ADB grant TA projects can partially mitigate this risk,
sustainability depends on the development of internal staff skills. TA loan design should provide
sufficient up-front assistance to help the government avoid delays. The time frame for
implementation of loans should be more realistic and factor in capacity constraints.
68. To enable effective monitoring of reform interventions, outcomes should include clear
benchmarks and effective statistical systems to enable timely and reliable data collection and
effective reporting mechanisms. In sector-wide programs, separate outcome indicators may be
more effective in highlighting results where leadership for reforms is not consistent. Programs
should also include the development and implementation of an effective communication and
public outreach strategy, and timely publication of program outputs.
69. Finally, in terms of program design, reform interventions of this type need to be
structured in a program cluster framework. The building block approach adopted under the AJP
was sensible, but the program went into all areas at the same time. Instead, a program cluster
could have helped better sequence the reform measures and lay out performance indicators
over a period of time. Such an approach would also facilitate any mid-course corrections to
reform measures as appropriate, without diluting the reform agenda.
2. Further Action or Follow-Up
70. Timing of the program performance evaluation report. To assess the impact of the
program on the performance of the justice sector, it is proposed that a program performance
audit report or the program completion report validation report be prepared in 2-3 years, by
2012.
Appendix 1 21
JUSTICE SECTOR INDICATORS

(BEFORE AND AFTER ACCESS TO JUSTICE PROGRAM)
Indicators 1998 2001 2004 2005 2006 2007 2008
1. Fiscal Autonomy
of the Judiciary
Through More
Funding
1.1 Funding if 0.01% 0.02% 0.02% 0.02% 0.02% 0.02% 0.02%
judiciary as % of
overall budget
1.2 Funding of 190.40 466.40 447.00 560.00 568.00 773.00 925.00
Higher Courts in real
terms (million PRS)
1.3 Funding of
subordinate courts
as % of overall
provincial budget
A. Punjab 0.49% 0.43% 0.63% 0.67% 0.78% 0.69% 0.68%
B. NWFP 0.56% 0.52% 0.62% 0.61% 0.82% 0.98% 0.88%
C. Sindh 0.43% 0.40% 0.46% 0.60% 0.51% 0.53% 0.55%
D. Balochistan 0.76% 0.43% 0.56% 0.56% 0.68% 0.71% 0.80%
1.4 Funding of
subordinate courts
in real terms
A. Punjab (PRs) 612.40 758.90 1,270.60 1,462.00 1,690.00 1,989.00 2,308.00
B. NWFP 152.00 176.36 318.20 340.00 591.00 678.80 750.50
C. Sindh 262.00 429.75 536.98 630.79 745.40 915.90 1,099.00
D. Balochistan 68.80 123.50 192.30 223.70 284.90 368.40 430.20
2. Justice Sector
Efficiency
2.1 Supreme Court
A. Number of cases 10,371 13,583 17,521 9,555 15,802 10,002 -
filed
B. Cases Disposed 10,751 12,509 9,938 15,337 28,433 10,018 -
C. Cases Pending 9,029 12,072 27,614 21,812 14,984 15,186 -
D. Disposition ratea 1.04 0.92 0.57 1.60 1.80 1.00 -
2.2 Punjab
Province
2.2.1 High court
A. Number of cases 85,767 88,247 83,351 80,989 76,060 64,289 78,367
filed
B. Cases Disposed 85,289 99,576 78,714 77,200 70,562 53,877 74,542
C. Cases Pending 79,843 64,427 61,362 69,697 75,195 85,607 84,704
D. Caseload of 165,132 164,003 140,076 146,897 145,757 139,484 159,246
judges
E. Disposition ratea 0.99 1.12 0.94 0.95 0.92 0.83 0.95
F. Sanctioned 50 50 50 50 50 50
number of judges
2.2.2. Subordinate
courts
A. Number of cases -
filed 857,805 1,281,542 1,307,215 1,346,420 1,417,415 1,529,859
B. Cases disposed - 841,125 1,286,889 1,318,054 1,301,285 1,246,665 1,503,904
C. Cases pending - 1,003,098 994,118 996,418 1,041,695 1,195,734 1,221,689
D. Caseload of -
judges 1,844,223 2,281,007 2,314,472 2,342,980 2,442,399 2,725,593
E. Disposition rate - 0.98 1.00 1.00 0.96 0.88 0.98
a
Number of cases disposed divided by the number of cases filed.
"-" = data not available
22 Appendix 1
Indicators 1998 2001 2004 2005 2006 2007 2008

F. Number of judges
sanctioned 627 627 991 990 1,125 1,127 1,127
G. Number of
citizens per judge 108,746 70,721 70,789 6,656 62,550 65,325 65,325
2.3 Sindh
Provinceb
2.3.1 High court
A. Total number of
cases filed 33,550 47,799 38,013 8,774 10,324 9,732 17,057
B. Cases disposed 29,252 33,491 27,297 11,600 9,348 6,965 16,524
C. Cases pending 66,011 75,752 87,076 17,102 18,075 20,837 28,608
D. Caseload of
judges 95,359 111,231 114,483 28,708 27,426 27,807 27,807
E. Disposition rate 0.87 0.70 0.71 1.32 0.90 0.71 0.96
F. Number of judges
sanctioned 28 28 28 28 28 28 40
G. Judicial
vacancies - 8 10 - - - 16
2.3.2 Subordinate
courts
A. Total number of
cases filed 33,501 120,291 153,391 153,119 11,876 147,927 -
B. Cases disposed 38,725 99,144 158,367 148,777 12,398 140,688 -
C. Cases pending 42,408 123,124 118,073 122,508 121,008 128,704 -
D. Caseload of
judges 81,133 222,268 276,440 271,285 133,406 269,392 -
E. Disposition rate 1.15 0.82 1.03 0.97 1.04 0.95 -
F. Sanctioned
number of judges 406 406 406 418 418 409 -
G. Judicial
vacancies 32 36 29 - - - -
H. Number of
citizens per judge 70,138 69,817 68,251 68,251 68,251 68,098 -
2.4 NWFP
2.4.1 High court
A. Total number of
cases filed - 11,492 14,819 10,578 16,073 12,797 -
B. Cases disposed - 10,435 14,203 12,772 16,537 11,627 11,556
C. Cases pending - 16,931 10,578 12,663 27,291 14,369 15,287
D. Caseload of
judges - 1,710 24,781 25,435 43,828 25,996 26,843

F. Sanctioned
number of judges 16 16 16 16 16 16 -
2.4.2 Subordinate
court
A. Total number of 189,483 397,894 364,047 405,413 349,650 367,600
cases filed -
B. Cases disposed - 173,829 403,288 354,453 398,865 336,552 364,882
C. Cases pending - 135,373 153,643 163,237 169,785 182,883 185,601
D. Total cases 309,202 556,931 517,690 568,650 519,435 550,483
disposed -
F. Sanctioned 166 201 251 224 336 334 346
number of judges
b
Annual reports data appears to contain a lot of discrepancies
Appendix 1 23
Indicators 1998 2001 2004 2005 2006 2007 2008

G. Number of 97,494 81,770 66,457 79,933 50,409 50,697 -
citizens per judge
2.5 Balochistan
2.5.1 High court
A. Total number of - 3,207 2,908 3,766 3,816 4,385 4,024
cases filed
B. Cases disposed - 3,160 2,888 3,948 3,567 3,297 3,627
C. Cases pending - 1,893 2,319 2,625 2,445 3,780 4,177
D. Caseload of 5,053 5,207 6,573 6,012 7,077 7,804
judges -
E. Disposition rate 0.98 0.99 1.05 0.94 0.75 0.90
F. Sanctioned 5 7 18 13 13 13 14
number of judges
2.5.2 Subordinate
courts
A. Total number of 20,354 23,601 21,617 21,567 23,870 24,171
cases filed -
B. Cases disposed - 20,284 21,870 20,280 21,857 23,330 25,429
C. Cases pending - 6,029 7,336 8,672 8,382 8,922 7,664
D. Total cases 26,313 29,206 28,952 30,239 32,252 33,093
disposed -
F. Sanctioned 70 128 149 160 169 169 179
number of judges
2.6 Contract
enforcement
(doing business
indicators)
2.6.1 Number of - - 30 46 46 55 47
procedures
2.6.2 Time (days) - - 365 395 395 880 880
2.6.3 Costc 45.80/a 35.20/b 10.00/c 22.60/d 13.50/e
2.6.4 Rank - - - - - 163 154
3. Judicial
governance
3.1 Control of -0.83 -0.81 -1.05 -0.99 -0.76 -0.82 -0.77
corruption
[generally]
3.2 Rule of law -0.73 -0.79 -0.88 -0.89 -0.85 -0.95 -0.92
index
4. Legal
empowerment
4.1 Federal
Ombudsman
(Wafaqi Mohtasib)
A. Number of - - 25,327 15,136 11,887 23,290 23,332
complaints filed with
Federal
Ombudsman
B. Number of - - 22,030 10,713 1,734 13,388 21,368
complaints resolved
by Federal
Ombudsman
C. Disposition rate 0.87 0.71 0.15 0.57 0.92
c
"a" refers to % of income per capita, "b" and "c" refers to % of debt, and "d", "e" and "f" refers to % of claim. Doing Business
Report, http://www.doingbusiness.org/Downloads/. Note that some indicators were added later and were not tracked earlier.
24 Appendix 1
Indicators 1998 2001 2004 2005 2006 2007 2008

4.2 Punjab
Province
A. Number of 11,501 8,385 8,434 8,503 11,872 13,681 8,997
Provincial
Ombudsman
B. Number of 15,532 8,199 7,384 10,796 11,347 13,860 5,155
complaints resolved
by Provincial
Ombudsman
C. Disposition rate 1.35 0.98 0.88 1.27 0.96 1.01 0.57
4.3 Sindh Province
A. Number of 5,586 6,637 7,813 8,846 6,889 7,937 7,038
Provincial
Ombudsman
B. Number of 5,068 6,042 6,962 3,705 3,463 3,752 4,998
complaints resolved
by Provincial
Ombudsman
C. Disposition rate 0.91 0.91 0.89 0.42 0.50 0.47 0.71
4.4 Balochistan
Province
A. Number of - - 611 632 540 703 977
Provincial
Ombudsman
B. Number of - - 700 740 710 777 926
complaints resolved
by Provincial
Ombudsman
C. Disposition rate - - 1.15 1.17 1.31 1.10 0.94
5. Judicial capacity
5.1 Number of - - 44 - - - -
judges trained by
Federal Judicial
Academy
6. Empower
woman in the
justice sector
6.1 Number of - - - - - 353 503
female police
officers
7. Police
accountability
7.1 Number of - - 6,509 13,425 11,039 13,593 9,926
police disciplined
8. Independent
prosecution
8.1 Conviction rate - 37% - - - - -
9. Investor
confidence
9.1 Doing business - - - - 6.30 6.30 6.30
strength of investor
d
protection index (1-
10)
d
Doing Business Reports, http://www.doingbusiness.org/Downloads/. Note that Doing Business indicator started track
strength of investor protection index in 2006.
Appendix 2 25
FLOW OF FUNDS AND IMPLEMENTATION STATUS OF INFRASTRUCTURE AND

CAPACITY DEVELOPMENT PROJECTS FINANCED UNDER THE ACCESS TO JUSTICE PROGRAM
A. Flow of Funds
Figure A2: Flow of AJP Funds
ADB = Asian Development Bank, AJP = Access to Justice Program

Source: Access to Justice Program, program management unit.
26 Appendix 2
B. Implementation Status of Infrastructure and Capacity Development Projects

Financed
1. Program Loan
1. The program loan of $330 million was divided among the federation and provinces and
according to National Finance Commission (NFC) formula as shown in Table A2.1.
Table A2.1: Program Loan Allocation for Federal and Provincial Expenditures
(Million)
Share (%) $ Equivalent PRs Equivalent
Federal 40 $132 10,839
Provincial 60 $198 16,258
$1 = PRs60
2. The provincial share of 60% of $330 million ($198 million = PRs11,880 million) was
further divided among the provinces in accordance with the NFC formula.
Table A2.2: Release and Utilization of Program Loan Allocation, 2002–2009

(PRs Million)
2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 Total
Description
Release Utilization Release Utilization Release Utilization Release Utilization Release Utilization Release Utilization Release Utilization Release Utilization
Federal - - 63 19 50 41 101 61 402 367 230 179 237 192 1,083 859
Punjab 258 178 516 408 1,032 615 1,807 1,192 1,032 1,225 1,032 641 454 438 6,132 4,698
Sindh 107 3 213 145 427 344 747 302 427 578 427 334 188 212 2,535 1,918
N.W.F.P 87 84 174 124 349 190 610 387 349 498 349 347 153 86 2,072 1,716
Balochistan 48 27 96 117 192 118 336 263 192 263 192 177 84 93 1,140 1,058
Total 500 292 1,063 813 2,050 1,309 3,601 2,205 2,402 2,931 2,230 1,678 1,117 1,022 12,963 10,250
NWFP = North West Frontier Province.

3. The Access to Justice Program (AJP) helped to improve infrastructure facilities and the
working environment for the justice sector. Investment schemes launched under AJP include:
construction of new court rooms, judicial complexes, judges' residences, record rooms, judicial
lockups, bar rooms and general amenities like public sheds and baths in the courts premises,
construction of district jails, new barracks in existing jails to overcome the problem of
overcrowding in jails, training centers for judges, personnel of police and prison, etc.
Appendix 2 27
Table A2.3: Access to Justice Program Schemes for the Justice Sector
(as of June 2009)
Court
rooms Capacity
Province etc. Residences Building Prisons Police Others Total
Punjab 215 144 9 65 25 1 459
Sindh 12 8 343 5 5 0 63
NWFP 11 0 15 3 2 0 31
Balochistan 13 19 6 14 10 8 70
Total 251 171 63 87 42 9 623
4. 875 schemes have been completed and construction work is in progress on 262 similar
schemes. A detail of development schemes (completed and ongoing) at federal and provincial
level is given below:
Table A2.4: Construction Project and Public Amenities Funded under the AJP
Province Court Room Record Room Complex Amenities Residence Barracks
Completed Ongoing Completed Ongoing Completed Ongoing Completed Ongoing Completed Ongoing Completed Ongoing
Punjab 228 13 12 1 19 3 55 4 351 20 20 9
Sindh 60 50 0 0 1 0 0 0 28 58 0 0
NWFP 51 0 2 0 1 3 19 0 0 80 1 0
Balochistan 16 8 0 0 1 0 0 0 9 8 1 5
Total 355 71 14 1 22 6 74 4 388 166 22 14

28 Appendix 2
A. Federal Schemes (Completed)
Cost in
Item Name of Scheme PRs Million
Federal Judicial Academy
1. Strengthening of Institutional Capacity of Federal Judicial Academy, 7.49
Islamabad
Wafaqi Mohtasib Secretariat
2. Development of database in Wafaqi Mohtasib Secretariat 22.59
Islamabad (Phase-II)
4. Enhancement of Management Information System at Supreme 19.26
Court of Pakistan (Automation of Supreme Court)
5. Automation of Law and Justice Commission of Pakistan 5.75
Total (A) 59.46
B. Federal Schemes (Ongoing)
Cost in
Federal Judicial Academy
1. Construction of Federal Judicial Academy at H-8, Islamabad 108.00
2. Capacity building of Federal Judicial Academy Islamabad 32.07
Islamabad (Phase-II)
Ministry of Interior
4. Acquisition of land for the construction of Lawyers Chambers at 109.00
Islamabad
Islamabad High Court, Islamabad
5. Strengthening of Institutional Capacity of Islamabad High Court, 39.28
Islamabad
6. Automation Of Islamabad High Court, Islamabad 39.83
Ministry of Law & Justice

7. Construction of Federal Courts at Lahore 1,194.75
8. Construction of Federal Courts at Peshawar 336.00
9. Construction of Federal Courts/Tribunals at Islamabad 355.17
10. Construction of Building for Federal Services Tribunal, Islamabad 275.00
11. Enhancing Capacity for Policy Making and Administration of Justice 39.80
11. Automation of Federal Shariat Court, Islamabad 15.84
Supreme Court of Pakistan
13. Enhancement of Management Information System at Supreme
Court of Pakistan (Automation of Supreme Court) 19.27
14. Rehabilitation of Supreme Court of Pakistan, Branch Registry
Building at Lahore 122.62
Law and Justice Commission of Pakistan
15. Video-Conferencing Facility for the Supreme Court of Pakistan,
Federal Shariat Court and Provincial High Courts 12.80
16. Automation of Law and Justice Commission of Pakistan 6.47
Appendix 2 29
Amount in PRs
Item Name of Scheme Million
Wafaqi Mohtasib Secretariat
17. Construction of Wafaqi Mohtasib Secretariat Building Islamabad 475.05
18. Capacity Building Wafaqi Mohtasib and Regional Offices 39.34
19. Data Entry and Digitization of Complaints Record of Wafaqi
Mohtasib's Secretariat, Islamabad 20.94
Total (B) 3,246.67
Total A+B 3,306.13
D. Provincial Schemes
Amount in
Punjab
1. Acquisition of Private land measuring 791 kanals 1 marla for 178.13
construction of Judicial Complex at Multan
2. Construction of New Advocate General Punjab Office Block at 15- 92.12
Fane Road, Lahore
3. Construction of District Jail T.T. Singh 78.68
4. Establishment of High Security Barrack/Prisons in Central Jail Multan 68.40
5. Construction of Residences for Judicial Officers in Judicial Complex 75.76
at Rawalpindi
6. Establishment of High Security Barrack/Prisons in Central Jail 63.89
Faisalabad
7. Construction of new parking buildings at 15-Fane Road, Lahore High 51.04
Court, Lahore
8. Construction of 8 Nos. Courts in the western side of existing old wing 58.74
at Lahore High Court, Lahore
Sindh
1. Construction of Courts at Karachi Central and Malir District 86.12
2. Construction of Civil Court Complex at Hyderabad City Phase-I 80.21
3. Construction of Police Station at Sukkar Region (Mirpur, Mathelo, 52.47
Ghari Yasin, Nawabshah, Khairpur, Ranipur
North West Frontier Province
1. Construction of Court Rooms and provision of Public Facilities in
NWFP 162.89
2. Construction of Judicial Complex at Lakki Marwat 110.20
3. Strengthening of Institutional Capacity of Additional the District

Judges Courts in NWFP 76.40
4. Strengthening of Institutional Capacity of Additional the District? Civil 57.49
Judges Courts in NWFP
5. Strengthening of Institutional Capacity of District Sessions Judges 49.34
and Senior Civil Judges Courts in NWFP
30 Appendix 2
Amount in
Balochistan
1. Construction of District Jail at Jaffarabad 72.98
2. Upgradation of Police Training School/College at Quetta 54.39
3. Construction of 8 Nos. residences for Judicial Officers (Grad 20-22) 49.68
at Quetta
4. Construction of Levies, Thanas, Posts and Pickets and Sibbi 46.24
5. Construction of Residential Accommodation 2 &? 3 bed rooms Flats 36.99
at Gulistan Road, Quetta
6. Construction of 3 Court Rooms at Hub and 2 Court Rooms at Bela 36.11
District Lasbela
7. Construction of Residential Accommodation for Jail Staff at Central 25.79
Jail Gaddani
Total 1,664.06
2. Technical Assistance Loan
5. A $20 million technical assistance (TA) loan was provided under the AJP for capacity
building and institutional strengthening of key justice sector institutions. TA loan activities were
implemented with prior approval of the Asian Development Bank (ADB). The schemes were
approved by National Steering Committee and Technical Evaluation Committee constituted
under revised Planning Commission-II. The loan was designed to respond to implementing
agencies' request for technical training and limited hardware required to implement legislative
reforms in the justice sector.
6. The Technical Evaluation Committee approved about 85 technical investment proposals

worth PRs570 million for the judiciary, police, FIA, ombudsman, and Environmental Protection
Agency. 15 were completed and 70 remain under implementation, with current funding being
provided by the federal government. The Economic Affairs Division and Planning and
Development Division have extended the period of revised Planning Commission-II up to June
2011 to enable PMU to accomplish the tasks assigned under the AJP. Of the $20 million, only
$4.001 million (PRs240.107 million) was spent and the remaining balance of PRs959.940
million ($15.999 million) is still with ADB as underutilized because the period of implementation
of the TA loan expired on 30 June 2008. See Appendix 5 for a list of technical investment
proposals and identification of consultants engaged under the TA loan.
Appendix 3 31
LIST OF TECHNICAL ASSISTANCE GRANTS SUPPORTING THE ACCESS TO JUSTICE

PROGRAM AND RELATED COMPLETION REPORTS
Amount ($)/ TA Objectives and

TA No./Name Approval Date Outputs Consultants Engaged Status
2647 1,140,000 The TA helped the Five international experts TA's original
government develop the and five domestic experts completion date was
Pakistan 2010 24 September Pakistan 2010 Program in were recruited for a total 30 June 1998 but was
Long Term 1996 March 1998 and the ninth 5- of 42 person-months. All extended until 30
Perspective year Development Plan the consultants were June 2000
Study covering the period 1999- competent and delivered
2003. The TA helped define their research results TCR circulated on
major ADB operations in according to the terms of 3 April 2001 (see
Pakistan that included reference. attached)
judicial and legal reforms
and governance.
The TA produced six

reports, including an agenda
for effective governance.
2979 150,000 The TA examined the Five individual TA's original
delivery of legal services to consultants were completion date was
Strengthening 31 December the government and working engaged to implement 31 December 2002
government 1997 of the subordinate judiciary the TA. but was extended
Legal Services in Pakistan and formulated, until 31 January
and the through a participatory 2003.
Subordinate process, recommendations
Judiciary to strengthen the same. No TCR required as
this is a small-scale
TA
3015 995,000 The TA assisted the A consulting firm, the Asia TA's original
government in improving the Foundation, provided a completion date was
Legal and 7 May 1998 efficiency and working of total of 56 person-months 30 September 1998
Judicial Reform Pakistan's legal and judicial of consulting services, but was extended
Project system by (i) making it more which included 30 person- until 31 January 2003
responsive and relevant to a months of national
market economy, and (ii) consultants and 26 TCR circulated on 11
addressing key governance person-months of July 2005 (see
issues in the legal and international consultants. attached)
judicial sector. The consultants' inputs
focused on drafting and
providing reports on the
TA's five components.
The quality of inputs
provided by the
consultants was
satisfactory.
3433 2,900,000 This TA aimed to strengthen A consulting firm, The TA's original
capacity for judicial and legal Asia Foundation, and a completion date was
Strengthening of 27 April 2000 reform and initiate key team of individual national 31 July 2001 but was
Institutional priority reforms, which were consultants were engaged extended until 30
Capacity for included as policy reforms in to implement the TA. June 2008
Judicial and the first tranche of the AJP
Legal Reform policy loan (delay reduction No TCR yet as of
pilot project, among others). PCR preparation
3640 150,000 This TA supplemented TA The Asia Foundation was TA was completed
3433 to address the engaged to implement the last 31 December
Supporting 19 March 2001 priorities of the Local TA for 6 person-months. 2002
Access to Government Plan 2000 for
Justice under the delivery of justice at the No TCR required as
Local doorstep. This TA focused this is a small-scale
government Plan on ADR and judicial capacity TA
development.
32 Appendix 3
Amount ($)/ TA Objectives and

TA No./Name Approval Date Outputs Consultants Engaged Status
3823 900,000 This TA supported The TA recruited TA's original
implementation of the AJP. individual consultants who completion date was
Supporting and 19 March 2001 worked with the PMU and 31 December 2004
Monitoring helped monitor but was extended
Progress Under compliance with policy until 31 December
the Access to actions. They helped 2007
Justice Program prepare legal
amendments and helped TCR circulated on 21
design and implement January 2009 (TCR
technical investment attached)
proposals under the TA
loan. About 80% of the
consultants were rated
exceptional or satisfactory
while 20% were rated
generally satisfactory.
4537 950,000 The TA contributed in the A team of national TA's original
development of processes consultants were provided completion date was
Implementing 23 December and procedures in the for a total of 338 person- 31 December 2007
Public Safety 2004 police. It developed required months. All inputs were but was extended
Reforms in Four procedural manuals, provided effectively and until 26 January 2008
Districts of the software, rules of business adequately by the
Province of the to lay the groundwork for the consultants. TCR circulated on 18
Punjab conduct of scientific December 2008 (see
(Pakistan) investigations and improved attached)
public oversight of police.
4922 11,500,000 This subproject is currently A total of 16 consultants This subproject was
(overall) being implemented and is and 30 resource persons extended from 30
Support to Subcluster 1: expected to be completed by have been recruited to June 2009 to 31
Governance Support to 31 March 2010. The project implement the technical March 2010 to
Reforms in Justice Sector expects to improve access investment proposals. complete the
Pakistan Reforms to justice and public safety Eight more consultants implementation of
(Subcluster 1: ($4,000,000) through better policing for and 4 more resource TIPs.
Support to poor and vulnerable people, persons will be recruited
Justice Sector Subcluster 2: especially women, children, between December 2009
Reforms; Support to and minorities in Pakistan. and January 2010.
Subproject 2: Devolution The subproject also
Support to Reforms supports the Police Order
Implementing ($1,500,000) 2002 implementation in four
Public Safety pilot districts of the Punjab
Reforms in Subcluster 3: Province (Faisalabad,
Punjab) Public Financial Gujranwala, Gujran, and
Management Multan), and develop a safer
Reforms and more secure
($2,000,000) environment based on
respect for human rights and
Subcluster 4: equitable access to justice
Transparency through policing that is more
and responsive to the needs of
Accountability the poor and vulnerable.
Reforms
($3,000,000)
Subcluster 5:
Performance and
Learning Cell
($1,000,000)
7 March 2007
ADB = Asian Development Bank, ADR= Alternative Dispute Resolution, AJP = Access to Justice Program, PMU =
program management unit, TA = technical assistance, TCR = technical assistance completion report, TIP = technical
investment proposal.
Appendix 3 33
Pakistan 2010 — Long-Term Perspective Study

34 Appendix 3
Appendix 3 35
Legal and Judicial Reform Project

36 Appendix 3
Appendix 3 37
Supporting and Monitoring Progress under the Access to Justice Program

38 Appendix 3
Appendix 3 39
Implementing Public Safety Reforms in Four Districts of the Province of Punjab

40 Appendix 3
Appendix 5 41
ALLOCATION AND DISBURSEMENT OF ACCESS TO JUSTICE DEVELOPMENT FUND

(as of June 2009 in Pak Rupees)
Access to Justice
Development Fund Total Total Remaining
Windows Percent Allocation Disbursement Balance
Provincial Judicial 60.3 304,867,679.42 194,451,846.50 110,415,832.90
Development Fund
Legal Empowerment Fund 13.5 76,083,959.98 21,459,593.00 54,624,366.98
Legal and/or Judicial 4.5 25,361,319.32 None 25,361,319.32
Research
Funds for Innovations in Legal 4.5 25,361,319.32 None 25,361,319.32
Education
Special Projects in 10.0 56,358,486.70 None 56,358,486.70
Underdeveloped Areas
Federal Judicial Academy 4.5 25,361,319.32 None 25,361,319.32
Fund Management 2.7 13,650,790.99 Disbursed None
42 Appendix 5
LIST OF CONTRACTS AWARDED UNDER THE ACCESS TO JUSTICE PROGRAM

(TECHNICAL ASSISTANCE LOAN)
A. Technical Investment Proposals
Approved
Cost
(in PRs
Name of Scheme Department Millions) Scope of Scheme Status at TA Loan Closing
Federal
Training/Capacity Federal 4.57 1. 5 one-week IT training courses Completed
Building of FIA Investigation 2. 3 one-week courses on
Academy Agency immigration/human trafficking
(Ministry of 3. 1 one-week course on collection
Interior) of digital evidence from scene of
crime
4. 1 one-week course on capacity
building of law enforcement
agencies to combat trafficking of
persons
Review of Police National 15.48 1. Formulation and development of Partly completed. A national
Training System Police separate training and evaluation consultant was engaged and
Bureau system for investigation and completed his task while the
(Ministry of watch and ward wings of police international consultant withdrew.
Interior) 2. Hiring of national consultant
3. 2 one-day workshops A workshop was conducted.
Purchase of law PMU, MOL 6.922 Provision of 5,706 law books to 142 Completed. Books were delivered
books for Bar bar associations. to 142 bar associations.
Councils/Association
Procurement of PMU, MOL 34.644 Provision of 65 computers, 65 laser Completed. Computers were
Automation printers, 116 photocopiers and 116 provided to bar associations.
Hardware for Bar fax machines to district and tehsil bar
Associations associations
Gaps Evaluation in Pakistan 2.210 1. To study the gaps in Pakistan Partly completed. A national
Pakistan Environ- Environmental Protection Act, 1997 consultant was hired. Two
Environment mental and its rules and regulations to printers were provided to
Protection Act, 1997 Protection effectively address the environmental Pakistan Environmental
Agency issues in the country Protection Agency.
Development of 2. Hiring of consultants for 6 months
Procedure for 3. Provision of computers with
Preparation of Case printers and furniture
to be Filed in the
Environmental
Tribunals
Basic Computer PMU, MOL 16.201 To provide 20 days computer Completed. Basic computer
Orientation Training orientation training to judicial officers orientation training was given to
for Judicial Officers all over Pakistan. all judicial officers through off-the-
shelf courses.
Development of the PMU, MOL 1.452 To bridge the gap between AJP and Completed. A national consultant
web portal and web the general public, promote general was hired and completed his task.
based M&E awareness about the AJP and how
automation software justice sector institutions work and
for AJP also enhance the efficiency of
judiciary and non-judicial staff through
the public oversight over the working
of AJP.
Appendix 5 43
Approved
Cost
(in PRs
Holding of Annual Law and 3.659 To provide an opportunity to the Completed
Judicial Conference Judicial judiciary to interact, share experience
Commission and crystallize issues faced in the
of Pakistan administration of justice in the
country. Participants of the
conference included members of
Superior Courts, legal luminaries,
academics, high ranking government
officials and members of Bar and civil
society to discuss and formulate joint
strategies.
Publication and PMU, MOL 39.9 Publication of Frequently Ask Completed. Booklets on 100
Dissemination of Questions, brochures, translation of legal topics (20,000 copies of
Public Awareness laws, summaries of laws. each booklet) printed and
Material/Products to disseminated.
Empower the Poor
and the Vulnerable
Strengthening PMU, MOL 15.041 To reinforce the working capacity of Data not available as of PCR
Operational Capacity the PMU and PPMU to meet the extra preparation.
of PMU and PPMU pressure of the recent increase of the
pace of the TA Loan implementation.
purchased some computer
equipment.
Punjab
Digitization and Lahore High 5.95 1. To equip the library with modern Completed. Procurement was
Dissemination of Court facilities like access to legal data completed and consultant hired.
Lahore High Court bases through internet and provision
Library including of latest books, magazines and legal
provision of sound references. For system development,
system the services of short term experts
were also provided.
2. Purchased of books, computers,
scanners, printers, UPS, fax
machines, multimedia, photocopying
machine, laptop computers, audio
system and furniture.
Video Conferencing Lahore High 4.361 To solve the problems faced by Completed
Facility between Court District courts regarding non-
District Jail and production of prisoners before the jail
District Courts judges by providing video
conferencing system, TV, air
conditioner, computers, printer, UPS,
etc.
Sindh
Sindh Ombudsman Sindh 7.925 1. Capacity building of office of the Partly completed. Out of 5
(Mohtasib) Office Ombudsman Sindh Ombudsman through training, consultants, only 3 were hired for
Reforms (Mohtasib) automation and conferences. research, studies, organization of
2. Appointment of 5 domestic workshops, and other tasks.
consultants for business process
analysis, expanding outreach through
NGO linkages, expanding
communications study, social
marketing mohtasib services and
setting up of research and
development wing.
Conduct of two workshops.
44 Appendix 5
Approved
Cost
(in PRs
Capacity building of SJA 2.079 To assist the SJA in developing Completed. A Curriculum expert
Sindh Judicial capacity to introduce modern training was engaged and the activity
Academy–Karachi methodology in its training program was completed.
by providing support and introduce development of a
in curricula course targeting women for access to
development. justice.
Capacity building of SJA 2.646 1. To assist in creating capacity to Partly completed. A consultant
Sindh Judicial impart training in criminal procedures was engaged.
Academy–Karachi in and related law and institutionalize
providing training in best teaching practices.
Criminal Procedure 2. To provide criminal procedure
Code and related expert.
laws.
Capacity building of SJA 2.646 1. To assist in creating capacity to Partly completed. A consultant
Sindh Judicial impart training in civil procedures and was engaged.
Academy–Karachi in related law and institutionalize best
providing training in teaching practices.
Civil Procedure 2. To provide civil procedure expert.
Code and related
laws.
Organizational and SJA 1.465 To review the organizational and Partly completed. A consultant
Management Review management aspects of SHC and its was engaged.
of Sindh High Court branches vis-à-vis the SHC
including its professionalization plan and other
Regional Bench at initiatives under AJP including
Hyderabad, Sukkar automation plan and recommend
and Larkana Sindh organizational restructuring and
capacity building.
Automation of 4 SHC 25.66 1. To improve and enhance the Substantially completed. 3
Districts of Sindh (95 functionality of the Courts in 4 consultants were hired and
courts) Karachi Districts under the Sindh High Court. mostly completed their tasks.
South, Karachi Server computers, 4 UPS, 107 audio
Central, Karachi equipment sets, 4 generators, 32”
West and Thatta LCD monitors, 5 CRT monitors
including networking facilities for 95
courts.
2. Caseflow software for the High
Court and district court and other
practical measures for improving
delivery of justice services.
Strengthening the SHC 4.115 1. To equip SJA with in-house audio Partly completed. An audio/video
Audio Video video facilities for modern training technician was hired and partially
Capacity of SJA for techniques. completed his task. Equipment
Pre-Service and AJP 2. Includes hiring of audio/video were also purchased.
Refresher Training technician, 2 multimedia, 25
microphone sets with recording
equipment, 1 videocam recorder, 2
video cameras, 2 laptops and 5 hard
disks.
NWFP
Capacity building of PHC 2.084 1. To promote institutionalization of Completed.
Bench Bar Liaison coordination and liaison between
Committees/Citizen bench, bar and citizens to ensure
Court Liaison efficient and speedy trial of cases.
Committees in the
24 Districts of NWFP
Appendix 5 45
Approved
Cost
(in PRs
Capacity Building of PHC 1.26 1. To sensitize the Committee Partly completed. Activities were
District Criminal members to their mandate. completed but a workshop on
Justice Coordination 2. To promote interagency relations provincial level was not
Committee (DCJCC) to enhance the effectiveness of completed due to the non-
in the 24 Districts of DCJCC. participation of key departments
NWFP 3. To conduct 5 seminars. due to peace and order
situations.
Conduct of Regional PHC 1.6 1. To organize judicial conferences at Completed.
and Provincial its four district headquarters and four
Judicial Conference regional locations to improve
in NWFP. coordination between judicial officers
at district and regional levels, as well
as to develop guidelines for efficient
management and disposal of cases;
also to recognize and reward the
performance of outstanding judicial
officers.
Capacity Building of PHC 8.067 1. To assist the Peshawar High Court Partly completed. TIP could not
Peshawar High in introducing modern concepts like be completed because of closure
Court’s Officers and medium term budgetary framework, of TA loan but three laptop
District Judiciary long term expenditure planning, court computers were purchased.
Staff in Management automation and other modern
and Financial/Fiscal management practices under AJP in
Matters. addition to the improvement of
internal governance processes.
2. A team of 03 training expert will be
hired to carry out training of 70
selected officers of Peshawar High
Court and District judiciary.
Automation/MIS of PHC 9.37 To increase the efficiency of the Partly completed. 22 desktop
Peshawar High Peshawar High Court in monitoring computers were provided to the
Court the performance of the judiciary and Peshawar High Court.
in making data available to the public
sector.
Balochistan
Capacity building of BHC 3.671 1. To improve the capacity of the Completed.
Qazis in Civil Qazis in Balochistan in the
Procedure Code application of civil procedures
(CPC) and related enabling them to process and decide
laws. civil cases more effectively.
2. To engage a civil code expert to
conduct training needs analysis,
prepare training materials and
conduct training for 25 Qazis in
Balochistan.
Capacity Building for Provincial 2.412 1. To strengthen the Office of the Completed. Task Coordinator
the Office of the Ombudsman Balochistan Ombudsman, mobilize appointed and trainings and
Ombudsman demand for its services through workshops were conducted;
workshops and identify regulatory equipment also purchased
problems that weaken the autonomy
and effectiveness of the
Ombudsman’s office.
2. To engage a Task Coordinator for
3 months to carry out training,
workshops.
3. Purchase of equipment
46 Appendix 5
Approved
Cost
(in PRs
Capacity Building for BHC 1.491 To educate the DCJCC on their roles Completed. All activities
District Criminal and responsibilities to promote completed. DCJCC seminars
Justice Coordination understanding, coordination and were held.
Committee in the 29 cooperation in the administration of
Districts of the criminal justice system.
Balochistan
Capacity Building for BHC 2.634 To promote general awareness Partly completed. Ten seminars
BBLCs/CCLCs in the regarding the role and responsibilities were held.
29 Districts of of the two committees and to improve
Balochistan the supply side of justice delivery.
AJP = Access to Justice Program, BBLC = Bench-Bar Liaison Committee, BHC = Balochistan High Court, CCLC = Citizen-
Court Liaison Committee, CRT = , DCJCC = District Criminal Justice Coordination Committee, FIA = Federal Investigation
Agency, IT = information technology, M&E = monitoring and evaluation, MOL = Ministry of Law, Justice, Human Rights and
Parliamentary Affairs, NGO = nongovernment organization, NWFP = North West Frontier Province, PCR = program
completion report, PHC = Peshawar High Court, PMU = program management unit, PPMU = provincial project management
unit, SHC = Sindh High Court, SJA = Sindh Judicial Academy, TA = technical assistance, TIP = technical investment proposal,
UPS = United Parcel Service.
Note: Out of the 85 TIPs supported under the AJP Program, the AJP PMU was able to provide information for only 28 TIPs.
Source: AJP PMU.
B. List of Consultants Recruited

Consultant's Name Description
M/S/Bearing Point Automation of Justice Sector Institution
Khawaja Muhammad Khan Resource Person, Seminar under TIP "Capacity Building of Districts"
Muhammad Khawar Saeed Resource Person, Workshop under TIP "Capacity Building of Bar Liaison
Committees
Muhammad Iqbal Library Management Consultant (Lahore, Multan, Rawalpindi)
Niamat Ullah Babar Task Coordinator, Ombudsman Office, Quetta
Shabbir Ahmed Criminal Procedure Code Expert, Sindh Judicial Academy, Karachi
Arfeen Mushtaq Consultant, Sindh Judicial Academy, Karachi
Ghulam Mustafa Abro Monitoring and Evaluation Specialist, PPMU, Sindh
Hidayat Ullah Library Management Consultant, PPMU, Peshawar
Muhammad Akbar Khan Provincial Judicial Reforms Management Specialist, Quetta
Naveed Iqbal Salman Information Technology Specialist, FIA, Islamabad
Abdul Nasir Kakar Civil Procedure Code Expert, Balochistan High Court, Quetta
Prof. Muhammad Wali Khan Durrani Budget and Planning Specialist, PPMU, Sindh
Syed Mazhar Hussain Kazmi Procurement and Contract Management Specialist, PMU, Islamabad
Prof. Iqbal Ahmed Panhwar Social Marketing Expert, Ombudsman, Karachi
Prof. Muhammad Yousaf Paradesi Civil Society Expert (Sindh Ombudsman), Karachi
Hamayun Zaheeer Ahmad Automation Specialist, PMU, Islamabad
Ahsan Suleman Information Technology Specialist, PMU, Islamabad
Arif Khan Hardware Network Engineer, Sindh High Court, Karachi
S. Maqsood/H. Kazmi Procurement and Contract Management Specialist, PMU, Islamabad
Shakeel Ahmed Kazi Senior Application Developer/DBA, Sindh High Court, Karachi
Abdul Rasheed Mahar Project Manager, Sindh High Court, Karachi
Justice (Retired) Muhammad Civil Procedure Code Expert, Sindh Judicial Academy, Karachi
Mujeebullah Siddiqui
Muhammad Saud Khan Web Application Developer, PMU, Islamabad
Farooq Azam Police Reforms Specialist, PPMU, Peshawar
Muhammad Hanif Budget and Planning Specialist, PPMU, Quetta
Ch. Israr-ul Haq Training Specialist, National Police Bureau
F.B. Sial Report Writing Specialist, PMU/PHC
Syed Pervaz Zahoor Police Reforms Specialist, PPMU, Quetta
Fahim Ahmed Siddiqui Curricula Development Expert, PPMU, Sindh
Wali Khan Durrani Organizational Reform Expert, PPMU, Sindh
Appendix 5 47
Consultant's Name Description

Naila Masood Research and Development Expert, Sindh Ombudsman Office
Justice (Retired) Farrukh Latif Federal Judicial Reforms Management Specialist, AJP, PMU
Justice (Retired) M. Naseem Provincial Judicial Reforms Management Specialist, PPMU
Chaudhry
Arshad Zia Monitoring and Evaluation Specialist, PPMU, NWFP
Abdul Ghafoor Resident Architect for Lahore High Court, Lahore
Dost Ali Baloch Police Reform Specialist, PPMU, Sindh
Syed Aizaz Naseer Legal Empowerment Specialist, PPMU, Punjab
Iftikhar Ahmed Budget and Planning Specialist, Karachi, PPMU, Sindh
Ashraf Ali Police Reforms Specialist, PPMU, Punjab
Ahmad Jameel Monitoring and Evaluation Specialist, AJP PMU, Islamabad
Justice (Retired) Atta-ur-Rehman Provincial Judicial Reforms Specialist, PPMU, Sindh

Najmuddin Najmi Monitoring and Evaluation Specialist, PPMU, Punjab
Riaz Hakeem Budget and Planning Specialist, PPMU, Punjab
Dr. Shafiq Ur Rehman HRD/Training Specialist, PPMU, Quetta
Munir Ahmad Communications and Media Specialist, AJP PMU, Islamabad
Justice (Retired) Bashir Jahangiri Provincial Judicial Reforms Management Specialist, PPMU, Peshawar
Dr. Muhammad Asif Ur Rehman Budget and Planning Specialist, PPMU, Peshawar
Ahsan Suleman Information Technology Specialist, AJP, PMU, Islamabad
Humayun Zaheer Ahmad Automation Specialist, AJP PMU, Islamabad
Mohammad Ali Baloch Monitoring and Evaluation Specialist, AJP PMU, Islamabad
Syed Javaid Iqbal HRD/Training Specialist, AJP PMU, Islamabad
M/S/ Sustainable Development HR Development/Trainings
consultants (PVT)
Consumer Rights Commission of Consulting Services for Community Empowerment/Awareness
Pakistan
Sidat Hyder Morshed Associates Consulting Services for Budget and Financial Reforms
(PVT) Ltd.
AJP = Access to Justice Program, DBA = database administrator, FIA = Federal Investigation Agency, HR =
human resource, HRD = Human Resource Department, NWFP = North West Frontier Province, PHC = Peshawar
High Court, PMU = program management unit, PPMU = provincial program management unit, TIP = technical
investment proposal.
STATUS OF POLICY REFORMS UNDER THE ACCESS TO JUSTICE PROGRAM
Policy, Legal and Institutional
48
Outcome Areas Structural Basis Tranches Performance Tranches Status under AJP Status
Judicial Reforms 1 IT 2 3 1 IT 2 3
1. Improve policy
making for a more
Appendix 6
efficient and citizen-
oriented judicial and
legal sector that
promotes access to
justice
1. Introduce amendments X Full compliance. Enacted by Parliament
to the Law Commission Ordinance approved in 2002. The LJC, is
Ordinance of 1984 to by the Cabinet on 31 performing its functions,
improve the administration August 2002 and including administration
of justice President gave his of the AJDF. LJC also
assent on 9 October acts as secretariat to
2002. the NJPMC.
2. Formalize a national X Full compliance. NJPMC is fully
judicial policymaking body NJPMC established functional and recently
acceptable to the Chief pursuant to Cabinet adopted the National
Justices Ordinance (31 August Judicial Policy for 2009.
2002) and
Presidential assent (9
October 2002)
2. Strengthen judicial
independence by
implementing
separation of the
judiciary from the
executive at all levels
and ensuring that
mandates of the
judiciary are
adequately funded
Judicial independence Full compliance.
3. Declare a policy to X
examine the laws relating
to Tribunals and Special
Courts to ensure their
functioning is consistent
with the established
principles of justice.
1 IT 2 3 1 IT 2 3
1. Ensure that the X Full compliance. National Judicial Policy
adjudicatory powers of the Required under Local (2009) calls for the
executive magistrates are Government transfer of control and
transferred to the Ordinance (2001). administrative
judiciary. supervision over special
courts/tribunals to the
judiciary.
2. Operationalize medium X Substantial All provinces have
term budget framework at compliance. MTBF adopted a MTBF with a
Federal and provincial for the Lahore and formula for allocation to
levels for judicial sector, Peshawar high courts the lower courts.
providing formulas for are in operation and
allocations to the lower are being used to
courts. make allocations. The
MTBFs for the
Balochistan High
Court and Sindh High
court have been
submitted to the
provincial
departments of
finance, who have
issued commitment
letters indicating that
future allocations will
be guided by the
MTBF.
Resourcing of Judicial Full compliance.
Mandates
4. Announce decision to X
include the judicial sector
in the medium- term
budget framework for
federal and provincial
governments.
5. Announce a decision in X Full compliance.
principle to establish the
Appendix 6
AJDF with distinct
allocations for separate
windows for legal
empowerment, judicial
development, Federal
Judicial Academy,
innovations in legal
49
education, and research
and development.
1 IT 2 3 1 IT 2 3
6. AJDF will be X Full compliance. The AJDF has been
50
established with an The Government fully operationalized and is
endowment of $24 million funded the ADB and being administered by
to be paid in two tranches released $1 million for the LJC. As of June
of $12 million each during FY2003. 2009, it has
the month of July in FY accumulated significant
Appendix 6
2002-03 and FY 2003-04. amount of profits
In addition, of $1 million through investments,
will be released during the some of which have
month of July 2002 for the already been disbursed
purposes of the AJDF, to 3 of the 7 AJDF
and until then no amounts windows (See Appendix
will be spent from the 4).
AJDF. Rules of ADJF will
be finalized by July 2002.
7. Agreement by X Full compliance. Budget allocation to the
provinces and High Courts Province budgetary judiciary has increased
on increments of allocations for 2003 in real terms and as a
additional budget were satisfactory. percentage of the
allocations in real terms Federal government overall budget. See
by province to judiciary committed to invest Appendix 1.
over five year period more than PRs10
(2003-2008) billion in the judicial
sector over 10 years.
Provincial finance
departments agreed
to increase budgetary
allocations, in real
terms, for high courts
over 3-5 years.
3. Ensure expeditious
and inexpensive
justice through (i)
efficiency, (ii)
improved facilities,
(iii) introduction of
alternative dispute
resolution (ADR), and
(iv) more effective
ombudsman services
Delay reduction Full compliance. Very few AM
8. Local Government X established and most
Ordinance: Anjuman remaining non-
Masalihat enacted. functional
1 IT 2 3 1 IT 2 3
9. Enact and bring into X Full compliance. Notification of small
force ordinance to Small claims and claims and minor
establish small causes minor offences courts offenses courts became
courts. Ordinance XXVI effective on 15 July
(2002) enacted (July 2004. Ordinance has
19, 2002) been superseded by a
new law, which does
not require separate
SMOC courts. Thus no
SMOC courts
established and very
few SMOC cases
appear to have been
filed.
10. Enact amendments to X Full compliance. Amendments became
the Family Court Act, to Promulgated by effective in 2002
speed resolution of all President vide
family disputes. ordinance (Family
Courts [Amendments]
Ordinance No. LV of
2002) 1 October
2002.
11. The MOL will initiate a X Full compliance.
study of law relating to
habeas corpus,
particularly forums before
which petitions for habeas
corpus can be filed.
12. Based on X Full compliance. The Code of Criminal
recommendations of the Necessary legislative Procedure has been
habeas corpus study, changes promulgated amended. Powers to
enact legislative changes and published in the deal with habeas corpus
as necessary Official Gazette on 9 applications is provided
February 2002 as to session judges.
Ordinance VIII of
2002. See also
Amendment to
Appendix 6
Section 100, Criminal
Procedure Code
13. MOL will announce X Full compliance.
policy to introduce court-
annexed ADR.
14. Announce review of X Full Compliance
Arbitration Act.
51
1 IT 2 3 1 IT 2 3
52
3. The Law Commission X Full compliance.
and High Courts will Comprehensive delay
evaluate separately and reduction study
make public analysis of completed in May
efficiency and equity 2007. Study
Appendix 6
impacts of ADR, and small concluded that ADB
causes courts, AMs and measures have been
delay reduction slow to yield the
procedures (delay desired results. A
reduction study) to inform report on the study,
sector policy and resource and related
allocation and make recommendations,
recommendations for was issued to the four
changes. high courts for
implementation.
4. Each high court will X Full compliance Guidelines for delay
finalize and approve a reduction recently
program for delay issued under National
reduction and commence Judicial Policy (2009)
implementation during
FY2003. The program
should include:
(i) guidelines on delay All high courts have
reduction for all courts, issued delay reduction
guidelines for district
courts. Each court has
taken steps to address
delay reduction.
Provinces participated
in the delay reduction
pilot projects where new
techniques were
introduced with good
results (See Appendix
1).
1 IT 2 3 1 IT 2 3
(ii) dedicated full-time 10 commercial
benches for commercial benches are
cases in the Lahore and functional in Lahore
Karachi High Courts. and 4 in Karachi.
These benches deal
exclusively with
commercial cases in
Karachi. In the
Lahore high court this
has not been possible
due to the lack of
required strength of
judges (out of 50
positions, only 38
filled (December
2004). As a more
effective measure,
Government intends
to issue legislation to
establish a federal
court with provincial
benches I each
capital city that would
have exclusive
jurisdiction to handle
commercial cases
and act as court with
both original and
appellate jurisdiction.
Cases would be
shifted from the high
court.
(iii) adequately resourced High courts have
process executing agency issued instructions to
in all courts and a law streamline the
enacted to criminalize working of process
Appendix 6
intentional failure to carry servers through
out court orders on senior civil judges.
service process and Additional resources
production of witnesses, have been sought
and from provincial
finance departments.
In Punjab and Sindh,
53
requests have been
submitted for salaries,
posts, and utilities.
1 IT 2 3 1 IT 2 3
54
Provincial
governments have
committed
existing provisions of
the Pakistan penal
Appendix 6
code in case of
intentional failures.
(iv) performance-based All high courts have
incentives to support introduced
adoption of delay performance based
reduction procedures. monetary and non-
monetary incentives.
5. Each province to X Full compliance.
prepare and approve a Orders for the
phased plan to establish separation of civil and
separate civil and criminal criminal courts have
courts in consultation with been issued and
the relevant agencies. some provinces have
commenced
establishing separate
courts. Four high
courts have prepared
detailed
implementation plans
which has been
approved by
provincial authorities.
6. Substantial compliance X Full Compliance.
and implementation of the About 65% of
approved phase plan in subordinate courts
each province for perform either civil or
separation of civil and criminal work
criminal courts. exclusively.
Separation is
complete in all
districts of
Balochistan and 65%
of the courts in
NWFP. 59% of the
courts in Sindh and
60.8% of the courts in
the Punjab deal
exclusively in criminal
or civil matters. Law
Reforms Bill now
requires this
separation.
1 IT 2 3 1 IT 2 3
In Balochistan, the
separation is effective
and courts are fully
operational. In
Punjab, Sindh, and
NWFP, separation
has been effected in
major districts only
since 2002 due to
shortage of judges
and heavy case
workloads.
Ombudsman Full compliance. Wafaqi Mohtasib has
15. MOL and the X Federal and adopted and is
Department of Laws provincial laws implementing
(DOLs) will reexamine provide for security of performance targets to
and, where necessary, tenure–Ombudsman expedite investigations
amend the Ombudsman can not be removed and resolution of
Laws to provide for arbitrarily. Provinces complaints – a disposal
greater independence and have confirmed rate of 40 complaints
security of tenure of the statutory timelines for every month which
Ombudsmen, and complaints disposal. need to be disposed of
improved grievance AJP prepared model within 90 days.
procedures. law for district Investigation processes
ombudsman. have been divided into
6 phases to help
investigators finish their
tasks more effectively.
Mediation is being
actively pursued. 43%
of cases disposed of
were mediated (9,263
cases out of 21,368
cases).
16. Federal and provincial X Full compliance
governments will Notification issued on
designate and publicize a 30 September 2002
Appendix 6
Joint Secretary or a senior designated principal
officer in all federal officers to deal with
departments as 'Principal public grievances.
Officer' for dealing with
public grievances.
55
56
1 IT 2 3 1 IT 2 3
4. Legal
empowerment of
vulnerable poor
Appendix 6
through civil- society
led legal literacy,
social audit,
advocacy, and public
interest litigation
initiatives.
17. Enact and bring into X Full compliance
force laws for Freedom of All three laws have
Information, Contempt been approved by the
and Defamation. Cabinet. Contempt
Ordinance
promulgated vide
Ordinance LVI of
2002; Freedom of
information approved
by Cabinet on 21
September 2002,
Contempt Act
Approved by Cabinet
on 125 September
2002; Defamation
Law promulgated vide
LVI of 2002, dated 1
October 2002.
7. For the convenience of X Full compliance. Phased programs have
the public, simplified The Law and Justice been announced in
explanations of new Commission provincial governments
federal and provincial laws periodically publishes for setting up Urdu
will be published in Urdu simple explanations translation units.
from July 2003. of laws in Urdu. In the Balochistan already
NWFP and publishes laws in Urdu.
Balochistan, all laws
are drafted and Two posts – chief
published in Urdu. translator and computer
Sindh and Punjab operator – have been
have been provided created. In NWFP, Urdu
with additional is the official medium of
resources to instruction. Sindh is
strengthen their planning on setting up
translation wings. an Urdu Unit. Chief
Minister Punjab has
approved establishment
1 IT 2 3 1 IT 2 3
of Urdu units in the
provinces.
8. Formulate and approve X Full compliance. Information kiosks have
a time-bound and costed High courts prepared been set up in all model
(CCLP for implementation and endorsed CCLP districts and are being
beginning FY2003. The plans to establish replicated in other
Plan should include, information centers at districts .Citizen court
among other things, every district court liaison coordination
establishment of complex, constituting committee has been set
information centers, and bench-bar liaison up in NWFP. Bench bar
launching of public committees to look and criminal justice
information campaign. into complaints of coordination
litigants at high and committees (except
district court levels, Malakand) have been
comprising set up. Punjab and
representatives of the Sindh are not
judiciary and the bar; establishing citizen
launching public liaison committees. In
awareness and Balochistan, notification
community legal for the citizen court
education campaigns. liaison committee
All high courts have issued in September
issued time bound 2002.
and costed programs
for increased liaison
with citizens and are
committed to
augmenting citizen
court relations in the
future.
18. Enact and bring into X Substantial
force consumer protection compliance.
laws and adequately Consumer protection
resource institutional laws have been
framework for enacted in all of the
enforcement of these provinces. Consumer
laws. protection has been
Appendix 6
entrusted to the
provincial
departments of
industry in
Balochistan, NWFP
and the Punjab and
the department of
57
agriculture in Sindh.
These provinces are
providing adequate
1 IT 2 3 1 IT 2 3
58
budgetary resources
for running the
secretariats of the
consumer protection
councils. Consumer
Appendix 6
courts with jurisdiction
to hear consumer
related cases have
been established in
all four provinces.
Consumer councils
have also been
formed in all
provinces except
Sindh.
19. Re-examine immunity X Substantial Corruption has
of public servants and compliance. increased in Pakistan.
establish legal and Progress has been In 2001, the Corruption
institutional framework to made in establishing Perception Index. 2001
hold public servants the legal framework CPI score was 2.3 and
accountable and liable for for accountability in Pakistan's rank at 79.
omissions and the public service. Corruption Perception
commissions. The Removal from Index for 2008 CPI
Service Ordinance score of 2.5 and
(2000) curtails the Pakistan's rank at 134
immunity of public (see 2008 CPI Table.
servants to some Transparency
extent. Government International
has proposed the www.transparency.
Law Reforms Bill org.pk.
2007, which has been
approved by the
National Assembly
and before the
Senate– this bill
redefines good faith
to remove immunity
for negligent acts by
public servants. High
courts have
designated tort court
and nominated
judges in each district
to hear tort cases
against public
servants.
1 IT 2 3 1 IT 2 3
20. Announce the decision X Full compliance. Although established,
to establish a legal fund has not yet been
empowerment fund under operationalized.
AJDF to (i) promote legal
literacy through
information campaigns
using different media; (ii)
advocacy for the rights of
the poor and
disadvantaged, especially
women, and (iii) public
interest litigation.
21. Enact law that all X Full compliance.
regulations and circulars Amendment
having the effect of law promulgated in the
will be published in the General Clauses Act
Gazette. XXXIII of 2002
effective 27 July
2002 (Amendment
Ordinance 2002).
22. Establish at least one X Full compliance. Lahore and Karachi
adequately resourced Environmental Tribunals
Environmental Tribunal in are functional and fully
Sindh and Punjab as staffed and both are
provided for under receiving and
Environment Protection addressing complaints
Act of 1997. under the EPA.
23. Establish at least one X Full compliance. Vacancies in the
adequately resourced Tribunals have been compositions of
Environmental Tribunal in notified with Tribunals exist but vital
Balochistan and NWFP as budgetary allocations. positions have been
provided for under filled enabling them to
Environment Protection receive and act on
Act of 1997. complaints.
24. Eliminate conflict of X Full compliance.
Appendix 6
interest by appointing Requisite action
separate individuals to completed in all
head EPA and Provincial provinces except
environmental Punjab, where the
department, or an Governor has
alternative as may be approved a summary
mutually agreed. to this effect and an
59
officer is being
appointed to head the
EPA. Under the LGO,
1 IT 2 3 1 IT 2 3
60
key province
responsibilities have
been devolved to
districts.
25. Policy commitment to X Full compliance.
Appendix 6
publish simplified
explanations in Urdu of all
new laws
5. Improving judicial
governance:
introduction of
professional
management, citizen
orientation, greater
transparency and
accountability.
26. Enact law or make X Full compliance.
rules or issue instructions
or orders whereby one or
more High Court Judges
are designated or
nominated by the Chief
Justice of the High Court
to devote time mainly for
the purposes of
coordination of functions
of the Member Inspection
Team (MIT) and monitor
performance and
investigation of complaints
regarding the subordinate
judiciary. Such judge or
judges will be responsible
to the Chief Justice and
will perform functions
which will be subject to
such instructions and
orders that the Chief
Justice of the High Court
may deem appropriate.
1 IT 2 3 1 IT 2 3
9. Each High Court will X Full compliance
finalize a time bound and
costed action plan for
professionalizing its
management to begin
implementation in 2003.
10. To enhance X Full compliance. All While annual reports
performance, high courts high courts have are being published,
will publish annual reports published annual quality varies and there
and hold annual reports for 2002 and is not a set of agreed
conferences at the district 2003. Provincial and upon indicators. Thus
and provincial level, and district conferences difficult to track
superior courts to hold a were held in 2003 performance
national conference. and are planned for consistently. A lot of
2004. national judicial reforms are not being
conference scheduled monitored (e.g. gender
for 2005 mainstreaming).
Monitoring is not being
done on a consolidated
basis.
11. To enhance Full compliance.
performance, at least one
external audit of all
superior courts will have
been conducted. In case
of subordinate courts,
annual external audit to
cover a random sample of
15% of subordinate
courts.
12. Inspection of all district Full compliance.
courts to be completed by High court member
each High Court. inspection teams
conduct ongoing
performance
inspections of
subordinate court
Appendix 6
judges. Inspection
notes reviewing
performance and
making
recommendations are
issued after each
inspection.
61
1 IT 2 3 1 IT 2 3
62
27. Amend Law Reports X Full compliance.
Act to clarify and limit Cabinet approved on
judicial discretion in the 21 September 2002
publication of judicial and President gave
decisions. his assent on 7
Appendix 6
October 2002.
6. Human resource
development for
efficient, citizen
oriented, and better
quality judicial service
delivery.
28. Announce a policy to X Full compliance.
establish centers of
excellence in legal
education.
29. Announce decision to X Full compliance.
establish a Fund for
Innovation in Legal
Education to encourage
improvements in legal
education.
13. Enter into Full compliance.
arrangements for a center Sponsored by the
for excellence in legal Higher Education
education that is Commission, project
technically and financially document for the
sustainable and has a establishment of the
positive regard for social National Law
equity. University (NLU) at a
cost of $6.92 million,
was approved by the
Central Development
Working Party on 21
March 2006.
Campuses will be
established in Lahore,
Karachi, and
Islamabad and later
in Peshawar and
Quetta. Project
documents provide
that institution should
benefit those coming
1 IT 2 3 1 IT 2 3
from disadvantaged
backgrounds and
women. To attract
high quality faculty,
provisions have been
made for competitive
remuneration
packages and
fellowships for
doctoral degree
programs in foreign
universities.
30. Declare policy to X Full compliance.
increase number of National workshop on
women judges. this policy action was
held in September
2002. Government
announced a gender
affirmative policy and
phased program in
August 2004.
14. Institute improve Full Compliance.
incentive and sanction High courts have
systems for the judiciary developed a
through: performance based
bonus scheme but
(i) adoption by each High need technical
Court of improved support to revise
performance standards criteria. Special
which will be linked to judicial allowances
career progression are approved by all
(ii) improvement of terms provinces to
and conditions for judicial substantially augment
services at the remuneration
subordinate level by each Balochistan has
provincial government; adopted new
and recruitment guidelines
Appendix 6
while Sindh has
(iii) adoption, by each prepared a set of
provincial government of recruitment
transparent recruitment procedures for
procedures for approval.
subordinate judiciary.
15. Announce and Full compliance. The overall % of female
approve a policy and judges in Pakistan is
63
program of affirmative less than 7% of all
opportunity to remove judges
1 IT 2 3 1 IT 2 3
64
barriers to entry and
encourage women to
enter the legal and judicial
professions by revision of
service rules, training and
Appendix 6
public information
campaigns.
16. Implement the X Full compliance.
program of affirmative
opportunity.
31. Announce policy to X Full compliance.
review terms and
conditions of services of
subordinate judges
together with transparent
recruitment procedures
consistent with judicial
independence.
32. Declare a policy to fill X Full compliance.
all vacancies in the
subordinate courts within
120 days of their falling
vacant.
Police Reforms
1. Ensure that the
police is insulated
from political as well
as non-political
interference and can
act in an independent
and professional
manner while fully
accountable for all its
responsibilities and
acts.
1. Amend the Police Act of X Full compliance. Law amended in 2004
1861 to allow for President issued and 2005 and reforms
establishment of PSCs. Police Order overturned.
(President's Order
No. 22 of 2002) on
14 August 2002 to
reconstruct and
regulate the police,
provide for an
independent
complaints authority
1 IT 2 3 1 IT 2 3
within public safety
commissions.
2. Enact and bring into X Full compliance. Reforms overturned
force a new Police
Ordinance that, among
other things, provides for:
(i) PSCs for insulating the
police from political
interference and holding
the police accountable to
PSCs;
(ii) an independent
complaints authority
against the police; and
(iii) reorganization of the
police on functional lines
with a separate wing for
inspection.
1. Each province to X Full compliance.
establish and adequately Steps were taken to
resource 50% of all establish DPSPs in all
DPSCs. 105 districts of the
country.
2. Each province to Substantial In Punjab, 29 out of 35
establish and adequately Compliance. DPSCs are functioning.
resource PSCs in The composition of In Sindh, the process is
substantially all districts PSPCC was changed ongoing (some
to include categories of members
parliamentarians. In have been completed
Punjab, there are 35 for 22 out of 24
districts. Members DPSCs), 22 out of 29
from federal and DPSC are functioning.
provincial legislatures In Balochistan, in
have been appointed NWFP, DPSCs for 22 of
for 34 districts, 24 districts have been
members from the notified. No DPSC has
Appendix 6
district councils have formulated an annual
been appointed for 32 report. There has not
districts and been any external audit
independent of police expenditures.
members for 29
districts. In NWFP DPSCs remain partially
there are 24 districts. functional. Members
65
Members from federal have little or no sway
and provincial over the police. No
1 IT 2 3 1 IT 2 3
66
legislatures have consolidated data is
been appointed for 23 available on complaints
districts and members heard in DPSCs.
from the district
council for 22 At the provincial level,
Appendix 6
districts. Selection commissions are not
panels for functional. The federal
appointment of PSC has been created
independent but is not able to
members for 29 exercise its mandate.
districts. In NWFP
there are 24 districts.
Members from federal
and provincial
legislatures have
been appointed for 23
districts and members
from the district
council for 22
districts. Selection
panels for
appointment of
independent
members have been
notified for 23
districts. In
Balochistan there are
29 districts. Members
from federal and
provincial legislatures
have been appointed
for all districts,
members from district
councils for 20
districts, and
independent
members for 6
2. Improving the Capacity has not visibly
capacity of the police improved. In Punjab, a
to investigate and course for investigations
prevent crime and the is being conducted.
maintenance of public Punjab is contemplating
order. the purchase of mobile
forensic science
laboratories. There is an
attempt to reorganize
provincial forensic
1 IT 2 3 1 IT 2 3
science agencies in
Punjab. Laboratories for
the National Forensic
Science Agency are
being acquired.
3. Re-affirm policy to carry X Full compliance.
out investigations in
accordance with law and
while respecting the rights
of the accused.
4. Policy announced to X Full compliance. Law remains vague and
prevent interference in this practice will
investigation by senior continue unless there is
staff, PSCs, etc. legal clarity. There have
been complaints of
interference of
investigations by District
PSCs in Punjab. District
PSCs claim that the
police cover abuse by
claiming protection of
an investigation.
3. Costed and time-bound X Full compliance.
plan approved to enhance Implementation has
police performance, begun
including forensic
facilities, criminal
investigation, police
capacity and training.
4. Implementation of the X Substantial
plan to enhance police compliance.
performance is underway Significant
in accordance with the investments were
plan. made to augment the
capacity of federal
and provincial police
departments. AJP
Appendix 6
resources have been
used to strengthen
the newly established
separate investigation
wing, to establish
forensic facilities,
build capacity of
67
police officials, and
1 IT 2 3 1 IT 2 3
68
strengthen the police
records and office
management system
3. Establish an
independent
Appendix 6
prosecution service to
ensure that cases fit
for trial are pursued
and to counter-check
quality of police
investigations
5. Provincial governments X Full compliance. All
to announce by 30 June provinces have
2002 a phased program to announced the
establish IPS. establishment of IPS.
The Federal Cabinet
approved Prosecution
Services Ordinance
on 18 October 2002.
Balochistan
government enacted
an IPS law in 2003
and NWFP adopted
an IPS law in August
2004. Provinces have
separated the
prosecution wings
from the police and
placed them within
the home/law
department
depending on the
provincial
arrangements.
6. Implementation of the X Full compliance.
phased plan to establish Adequate budgetary
the independent resources have been
prosecution service. provided to all
provinces. Some
public prosecutors
have been retained
and arrangements
are being made for
recruitment of new
public prosecutors.
1 IT 2 3 1 IT 2 3
4. Improved
accountability and
transparency of police
achieved through
independent
investigation of
complaints against
police.
7. Establish and X Full Compliance. Police complaints
adequately resource the authority is not
police complaints functional in any
authority. province.
5. Improved liaison
between police and
citizenry achieved
through
institutionalized
forums for exchange.
5. Establish legal X Full compliance.
framework for CPLCs. Police order 2002
provides for citizen
police liaison
committees.
8. CPLCs established in X Full compliance. CPLCs have been
each provincial capital. CPLCs are notified in established in Quetta,
all provincial capitals. Karachi, Lahore,
Peshawar, Faisalabad
and Sialkot, Punjab.
Peshawar is not
operationalized.
9. CPLCs established in X Waiver. Condition No progress.
substantially all districts. drafted before
adoption of
amendments to
Police Order (2001).
Condition takes
supply side approach
Appendix 6
while law focuses on
demand as
expressed by civil
society.
6. Public awareness
and protection of
rights.
69
6. Announce human rights X Full compliance.
and gender sensitization
policy for the police.
1 IT 2 3 1 IT 2 3
70
10. Reward and sanction Full compliance.
X
performance systems Systems are
established within police substantially
forces to promote citizen operating in all four
orientation, human rights provincial police
Appendix 6
and gender sensitization. forces. Provinces
have introduced
measures including
performance based
monetary allowances,
gender specific
training, service
penalties for failure to
register first
information reports
and for misconduct,
cash awards and
promotions for well
performing officials
and appointment of
special duty officers
in police stations to
ensure decent and
proper interaction
with citizens.
ADB = Asian Development Bank, ADR = Alternative Dispute Resolution, AJDF = Access to Justice Development Fund, AM = Anjuman Masalihat , CCLP = Citizen Court
Liaison Plans, CPLC = Citizen Police Liaison Committee, DOLs = Department of Laws, DPSC = District Public Safety Commission, EPA = Environmental Protection Agency,
IPS = Independent Prosecution Services, LGO = Local Government Ordinance (2001), LJC = Law and Justice Commission, MA = Masalihat Anjuman, MOL = Ministry of Law,
Justice, Human Rights and Parliamentary Affairs, MTBF = Medium Term Budget Framework, NJPMC = National Judicial Policy Making Commission, NWFP = North West
Frontier Province, PSC = Public Safety Commission, PSPCC = Public Safety and Police Complaint Commissions, SMOC = small claims and minor offenses court.
1
Websites of most implementing agencies have not been updated since 2006. ADB gathered updated information with the help of national consultants.
a
All first tranche conditions were complied with.
Appendix 7 71
EVALUATION OF AJP UNDER PROGRAM FRAMEWORK
Key Design Performance Outcome REL EFTV EFCY SUS Verification Indicators
Elements
Goal: Contribute Enhanced policy and 2 2 1 1 Law and More than 50
to Poverty legal foundation for regulations laws and
reduction and judicial and police enacted regulations
good governance agencies at Federal, enacted
through improved provincial and local
rule of law government levels, Evaluation of Performance
securing (i) judicial performance of of the
independence and public institutions judiciary has
greater transparency; established and improved. No
(ii) better citizen-state functioning data available
relations; (iii) more according to legal about other
durable public mandates judicial
institutions responsible institutions or
for delivery of justice. police.
Access to justice Laws Good
performance. A legal promulgated, progress in
framework and plan of police and action adopting laws
action for justice reforms plans declared, (more than
resulting in more decisions taken 50).
effective and efficient by the courts
delivery of justice Improvements
impacting positively on Annual reports in the
all citizens, particularly judiciary,
the vulnerable poor. while public
perception of
police has
declined.
Citizen and Investor

investor protection
perception indicators has
surveys not changed
although
Pakistan's
ranking has
improved
from 19 to 24
(Doing
Business)
Not available
Overall good
progress (See
Appendix 1).
Benchmark
performance
surveys
Monitoring of
case backlog
72 Appendix
Elements
-greater judicial 3 2 2 2 Public
independence perception
has improved
-dramatic decline in 2 0 0 0 Increased

political interference with corruption
police services
- enhanced institutional 2 2 1 1 Data not
arrangements for holding available but
public servants police
accountable for violation accountability
of citizen rights and arrangements
entitlements do not appear
to have
improved.
-greater public 2 2 2 1 Data not
engagement in planning available,
and monitoring although
performance of judicial, greater
police and administrative transparency
service delivery in judicial
performance.
Judicial independence 4 2 2 2 Investor
and independent confidence
accountability institutions indicators
fostering predictability, have not
timely and impartial rule changed
of law conducive to although
investor confidence ranking of
Pakistan has
improved
Resource/sector Good
management progress in
terms of
Improved budget 3 2 2 2 Annual federal judiciary but
planning, expenditure and provincial budget not
and accountability budgets broken down
procedures resulting in in annual
greater consistency Monitoring reports
between institutional increase in non-
responsibilities for justice salary
delivery and allocation of expenditures
fiscal and human
resources
To improve Laws and regulations 2 2 1 1 New laws and More than 50
access to justice enacted, consistent with regulations new laws and
so as to (i) the constitution, to carry regulations
provide security out reform policies for enacted (but
and ensure equal judiciary and police. major police
protection of law reforms
to citizens, in Improved efficiency, 2 2 2 2 revoked)
particular the timeliness and
poor; (ii) secure effectiveness in judicial
and sustain and police services
entitlements and
thereby reduce Greater equity and 2 1 1 1 Evaluation reports Reports
the poor’s accessibility of judicial on impact of outdated but
vulnerability; and police services reforms on show
Appendix 7 73
Elements
(iii) strengthen costing and delay improvement
legitimacy of Improved predictability 2 2 1 1 reduction in
state institutions; and consistency judiciary
and (iv) create between fiscal and
conditions human resource Public surveys on Judicial
conducive to pro- allocation and mandates perception of performance
poor growth by of reformed judicial and judiciary and has improved
fostering police institutions police while police
confidence of performance
investors. Greater transparency 2 1 1 1 Allocation of appears to
and accountability in resources to have
performance of judiciary police and declined.
and police judiciary
Analysis of Improved for

performance both
reports (judiciary
and police)
Analysis of Reports only

external audit available from
reports judiciary
Subtotal outcome 2 2 1 1
Total 2 2 1 1
REL = relevance, EFTV = effectiveness, EFCY = efficiency, SUS = sustainability.
Note: The assessment weightings set forth in Appendix 8 should be applied to the ratings in this table. Using these
weightings, the AJP receives an overall rating of 1.5 (Partly Successful)
74 Appendix 8
ASSESSMENT OF ACCESS TO JUSTICE PROGRAM
Criterion Weight Definition under Rating Rating AJP Score

(%) ADB Guidelines Description Value Rating
1. Relevance 20 Relevance is the Highly relevant 3 2 (overall) 0.4
consistency of a project’s Relevant 2
impact and outcome with Partly relevant 1
the government’s Irrelevant 0
development strategy for
the country, and the Asian
Development Bank’s
strategic objectives at the
time of approval and
evaluation and the
adequacy of the design.
Factors considered
(1) Consistency with 3
country’s overall
development strategy
(2) Consistency with 2
ADB's assistance strategy
(at processing and
evaluation)
(3) Importance of 3
contextual context
(funding needs, etc.)
(4) Importance of policy 3
objectives to meet critical
development constraints
(5) Reform ownership 2
(6) Validity of the 2
diagnosis
(7) Was formulation and 2
design relevant to
achieving objective?
(including adequacy and
quality of risk analysis)
(8) Was program capable 1
of being evaluated?
2. Effectiveness 30 Effectiveness describes Highly effective 3 2 0.6
the extent to which the Effective 2
outcome, as specified in Less effective 1
the design and monitoring Ineffective 0
framework, either as
agreed at approval or as
subsequently modified,
has been achieved.
Factors considered
(1) extent to which the 2
main program objectives
were achieved (using See
also Appendix 7).
political economy context
was conducive to the
achievement of the
program outcome
program contributed to
fulfilling key policy goals
Appendix 8 75

program contributed to
fulfilling key financial goals
and objectives
program and associated
TA contributed to fulfilling
institutional development
objectives
(6) extent to which social 1
objectives were met
program contributed to the
continuity of the reform
process
3. Efficiency 30 Efficiency describes, ex Highly efficient 3 2 0.6
post, how economically Efficient 2
resources have been Less efficient 1
converted to results, using Inefficient 0
the economic internal rate
of return, or cost-
effectiveness, of the
investment or other
indicators as a measure
and the resilience to risk
of the net benefit flows
over time.
Factors considered
(1) Social economic 2
benefits of major reforms
are, or are expected to be
substantial
(2) socio economic 2
benefits exceed costs
(3) costs were effective 1
compared with social
objectives achieved
(4) financing was provided 2
in a timely manner
(5) transaction costs of 2
providing assistance were
a cost effective use of
assistance (cost of
providing assistance less
than for contemporaneous
operations)
(6) net economic returns 1
from reform operations
(7) Public expenditures 2
made adequate provision
to meet the government’s
portion of adjustment
costs
4. Sustainability 20 Sustainability considers Most likely 3 1 0.2
the likelihood that human, Likely 2
institutional, financial, and Less likely 1
other resources are Unlikely 0
sufficient to maintain the
outcome over its
economic life.
76 Appendix 8

(1) absence of major 1
policy reversals (progress
mixed)
(2) continued borrower 1
commitment to objectives
demonstrated through
post program
implementation and
related measures
(progress mixed)
(3) social political support 2
for the program
(4) adequacy of 1
institutional arrangements
for implementing agreed
upon reforms
(5) conducive political 1
setting (stable and
supportive)
(7) conducive 1
macroeconomic setting
(8) degree of reform 1
resilience (to changing
financial, social, economic
and political conditions)
Overall Highly successful: Overall weighted average is greater than or equal to Total 1.8
Assessment 2.7.
(weighted Successful: Overall weighted average is greater than or equal to 1.6 and
average of above less than 2.7.
criteria) Partly Successful: Overall weighted average is greater than or equal to
0.8 and less than 1.6.
Unsuccessful: Overall weighted average is less than 0.8.
AJP = Access to Justice Program.
Notes: Performance rating follows the ADB Guidelines for Preparing Performance Evaluation Reports for Public Sector
Operations. January 2006.
Appendix 9 77
STATUS OF COMPLIANCE WITH AJP LOAN COVENANTS
Relevant Section in
the Loan Agreement Particular Covenants per Loan Agreement Status of Compliance
Loan 1897-PAK
Article IV Particular Covenants
Section 4.01 (a) The Borrower shall cause the program to be Substantially complied with. The program
carried out with due diligence and efficiency and was carried out with due diligence and
in conformity with sound administrative, financial efficiency and in conformity with sound
environmental, judicial and police practices administrative, financial environmental,
and judicial powers. However, several
police policies have not been effectively
implemented.
Section 4.01 (b) In carrying out of the program and operation of Substantially complied with. The Borrower
the program facilities, the Borrower shall perform, performed most of its obligations set out in
or cause to be performed all obligations set forth Schedule 5 of the Loan Agreement with
in Schedule 5 to this Loan Agreement. the exception of police reforms.
Section 4.02 The Borrower shall make available, promptly as Substantially complied with. All available
needed, the funds, facilities, services, land and resources were provided for the operation
other resources which are required, in addition to and maintenance of the program.
the proceeds of the Loan, for the carrying out of However, based on pervasive capacity
the program and for the operation and constraints, services were not promptly
maintenance of the program facilities. provided to the provinces.
Section 4.03 The Borrower shall ensure that the activities of its Complied with.
departments and agencies with respect to the
carrying out of the program and operation of the
program facilities are conducted and coordinated
in accordance with sound administrative policies
and procedures.
Section 4.04(a) The Borrower shall maintain, or cause to be Partly Complied with. Documents/records
maintained, records and documents adequate to were not maintained adequately to identify
identify the Eligible items financed out of the the eligible items financed out of the
proceeds of the Loan and to indicate the proceeds of the loan (notably AJDF) and
progress of the program. to indicate the progress of the program.
Section 4.04 (b) The Borrower shall enable ADB’s representatives Complied with.
to inspect any relevant records and documents
referred to in paragraph (a) of this Section.
Section 4.05 As part of the reports and information referred to Complied with.
in Section 7.04 of the Loan Regulations, the
Borrower shall furnish, or cause to be furnished,
to ADB all such reports and information as ADB
shall reasonably request concerning the
implementation of the program, including the
accomplishment of the targets and carrying out of
the actions set out in the Policy Letter.
Schedule 5–Program Implementation and Other Matters
Program Implementation
1(a) The Borrower shall ensure that the policies Substantially complied with. The Borrower
adopted and actions taken prior to the date of was unable to ensure that police reforms
this Loan agreement, as described in the Policy were effectively implemented since police
Letter, including the Policy Matrix attached to it, as a subject.
continue in effect for the duration of the program
period and subsequently.
1(b) Promptly adopt or cause to adopt the other Complied with.
policies and take other actions indicated in the
program specified in the Policy Letter and the
Policy Matrix, and ensure that such policies and
actions continue in effect during the program
2 The MOL shall be the program executing agency Substantially complied with. MOL was
with the PMU headed by a full-time Director/Joint unable to maintain full time staff. Due to
Secretary, a Deputy Secretary and support staff. slow disbursements of the Project loan,
At the federal level, the implementing agencies provincial PMUs were established.
shall be (i) the Law Commission, (ii) the Federal
Ombudsman, (iii) the Federal Judicial Academy,
and (iv) the Ministry of Interior. At each provincial
78 Appendix 9
Relevant Section in
level, the provincial implementing agencies shall
be the Departments of Law and Home, reporting
to the Provincial Planning and Development
Board/Department which shall coordinate the
program activities within the province. The Law
Department shall also be responsible for program
activities concerning the High Courts, the
independent prosecution services and the
Ombudsman. The Home Department shall also
be responsible for program activities concerning
the police and public safety commissions.
3 The NPRCC shall review and coordinate the Partly complied with. The NPRCC rarely
overall progress, and the PPRC shall review and met, and both NPRCC and PPRC were
coordinate progress at the provincial level. The not fully constituted, for example, they had
chairperson of the NPRCC shall be the Secretary no Bar and civil society representation.
of the Ministry of Law. The NPRCC shall
comprise one representative of each of the
provincial High courts to be nominated by their
respective Chief Justices, the Secretaries of the
Ministries of Law, Finance and Interior, the
Director General/Secretary of the National Public
Safety Commission, each of the Secretaries of
the provincial law departments, one
representative nominated by the Pakistan Bar
Council, the Director General of the Federal
Judicial Academy, one representative of the Law
Commission, one representative of the Federal
Ombudsman, and one representative of civil
society nominated by the Federal Law Minister.
The PPRC shall be headed by the chairperson of
the Provincial Planning and Development board
or the Additional Chief Secretary (Development)
of the Provincial Planning and Development
Department. The PPRC shall comprise the
Secretaries of departments of Law, Finance and
Home, the High Court Registrar, the provincial
Inspector General of Police, the secretary of the
Provincial Public Safety Commission, two
representatives of subordinate courts to be
nominated by the chief Justice of the High Court
concerned, and one representative of civil society
appointed by the Governor.
Policy Dialogue
4 The Borrower shall keep ADB informed of, and Complied with.
the Borrower and ADB shall from time to time
exchange views on, the progress made in
carrying out the program.
5 The Borrower shall continue timely policy Partly complied with. Although issues
dialogue with ADB on problems and constraints were raised and discussed during annual
encountered during implementation of the reviews and fortnightly review meetings,
program and on desirable changes to overcome the Borrower did not proactively identify
or mitigate such problems and constraints, and and mitigate problems and constraints in
on further reforms to strengthen the judicial and reform implementation.
police sector.
6 The Borrower shall keep ADB informed of the Partly complied with. The Borrower did not
outcome of policy discussions with other proactively engage in policy dialogue with
multilateral and bilateral aid agencies that have multilateral or bilateral aid agencies but
implications for implementation of the program, where it did, there was little effort to
and shall provide ADB with an opportunity to engage ADB except where the TA grant
comment on any resulting policy discussions. was also part in such dialogue.
Review and Evaluation of the Program
7 Without limiting the generality of Section 4.05 of Substantially complied with. The judiciary
this Loan Agreement or paragraphs 4 to 6 of this was not updated.
Schedule, to facilitate review by ADB of the
progress in the implementation of the program,
Appendix 9 79
Relevant Section in
the program executing agency shall assist ADB
by providing relevant data and information in
such detail as ADB may reasonably request.
8 Annual performance reviews shall be conducted Complied with.
just prior to the beginning of each new fiscal year
during the program period according to the
review schedule as agreed upon between the
Borrower and ADB. The review process shall
assess (i) compliance with second (and
subsequent) tranche conditions, (ii) progress
towards compliance with subsequent tranche
conditions, and (iii) progress on complementary
activities agreed upon between the borrower and
ADB. The review process shall occur each year
beginning at district level during May to June as
mutually agreed between the Borrower and ADB,
to enable federal, provincial and district
authorities, with inputs by civil society, to reflect
the results, where appropriate, in their planning
and budgeting process. Satisfactory conclusion
of the review process on the complementary
activities and agreement on a revised set of such
activities for the next review shall be a condition
for release of the subsequent tranches.
9 The MOL, in cooperation with the implementing Complied with.
agencies and jointly with ADB, shall conduct
evaluations by independent authority jointly
appointed by the Borrower and ADB at the end of
year 3 of the program implementation.
Counterpart Funds
10 Counterpart Funds shall be utilized to support Partly complied with. The Borrower
increased budgetary allocations to specific committed to ensure that counterpart
sectors mandated with responsibility to funds equivalent to $5.5 million
implement the reforms under the program comprising staff and office space would
including expenditures on physical infrastructure, be made on a timely basis to implement
equipment, operations and maintenance, the TA Loan. However, only $3.3 million
capacity building and training. Any province shall were disbursed under the TA loan due to
be entitled in any one year of the program to pervasive capacity constraints. The
draw up to 60% of the Counterpart Funds in Borrower's counterpart contribution was
accordance with a sharing arrangement mutually less than envisioned but proportional to
agreed between the provinces and the the amount utilized (16.6%)
federation. The Borrower shall onlend such
amounts to the provinces on the same terms and
conditions as ADB's loans to the Borrower except
that the foreign exchange cost will be borne by
the Borrower.
Access to Justice Development Fund
10 The Counterpart Funds shall also be used to Complied with.
capitalize the AJDF.
Public-Private Partnerships
12 Part of the Counterpart Funds equivalent of not Substantially complied with. Center of
less than $2 million may also fund arrangements legal education was not established.
for establishment of centers of legal education.
Environment
13 The Borrower shall ensure that all necessary Complied with.
measures in design, construction, operation,
maintenance and monitoring are taken to
mitigate possible adverse environmental impacts
associated with the program, in accordance with
ADB's environmental guidelines and applicable
safety and environmental standards of the
relevant agency of the Borrower.
80 Appendix 9
Loan 1898-PAK
in conformity with sound administrative, financial, efficiency and in conformity with sound
environmental, judicial and police practices. administrative, financial environmental,
implemented.
or cause to be performed, all obligations set forth Schedule 5 of the Loan Agreement with
departments and agencies with respect to the
carrying out of the program and operation of the
program facilities are conducted and coordinated
in accordance with sound administrative policies
and procedures.
Section 4.04 (a) The Borrower shall maintain, or cause to be Partly Complied with. Documents /
maintained, records and documents adequate to records were not maintained adequately
identify the Eligible Items financed out of the to identify the eligible items financed out
proceeds of the Loan and to indicate the of the proceeds of the loan (notably AJDF)
progress of the program. and to indicate the progress of the
program.
Section 4.04 (b) The Borrower shall enable ADB’s representatives Complied with.
to inspect any relevant records and documents
referred to in paragraph (a) of this Section.
Section 4.05 (a) The Borrower shall furnish, or cause to be Complied with.
furnished, to the Bank all such reports and
information as the Bank shall reasonably request
concerning (i) the Loan, and the expenditure of
the proceeds and maintenance of the service
thereof; (ii) the goods and services financed out
of the proceeds of the Loan; (iii) the
implementation of the program, including the
the actions set out in the Policy Letter; (iv)
financial and economic conditions in the territory
of the Borrower and the international balance-of-
payments position of the Borrower, and (v) any
other matters relating to the purposes of the
Loan.
Section 4.05 (b) Without limiting the generality of the foregoing, Complied with.
the borrower shall furnish, or cause to be
furnished, to the Bank quarterly reports on the
carrying out of the program and on the
the actions set out in the Policy Letter. Such
reports shall be submitted in such form and in
such detail and within such a period as the Bank
shall reasonably request, and shall indicate,
among other things, progress made and
problems encountered during the quarter under
review, steps taken or proposed to be taken to
remedy these problems, and proposed program
of activities and expected progress during the
following quarter.
Section 4.05 (c) Promptly after the closing date for withdrawals Not complied with. The required
from the Loan Account, but in any event not later Borrower's program Completion Report
than three (3) months thereafter or such later was supposedly prepared by the TA team
Appendix 9 81
date as may be agreed for this purpose between of consultants. However, no such report
the Borrower and the Bank, the Borrower through was provided to the PMU.
the PMU shall prepare and furnish to the Bank a
report, in such form and in such detail as the
Bank shall reasonably request, on the execution
of the program, including its cost, the
performance by the Borrower of its obligations
under this Loan Agreement and the
accomplishment of the purposes of the loan.
Section 4.06 (a) It is the mutual intention of the Borrower and the Complied with.
Bank that no other external debt owed a creditor
other than the Bank shall have any priority over
the Loan by way of a lien on the assets of the
Borrower. To that end, the Borrower undertakes
(i) that, except as the Bank may otherwise agree,
if any lien shall be created on any assets of the
Borrower as security for any external debt, such
lien will ipso facto equality and ratably secure the
payment of the principal of, and interest charge
and any other charge on the Loan, and (ii) that
the Borrower, in creating or permitting the
creation of any such lien, will make express
provision to that effect.
Section 4.06 (b) The provisions of paragraph (a) of this Section Complied with.
shall not apply to (i) any lien created on property,
at the time of purchase thereof, solely as security
for payment of the purchase price of such
property; or (ii) any lien arising in the ordinary
course of banking transactions and securing a
debt maturing not more than one year after its
date.
Schedule 5–Program Implementation and Other Matters
Program Implementation
1(a) The Borrower shall ensure that the policies Substantially complied with. The Borrower
adopted and actions taken prior to the date of was unable to ensure that police reforms
this Loan agreement, as described in the Policy were effectively implemented since police
Letter, including the Policy Matrix attached to it, as a subject.
continue in effect for the duration of the program
1(b) Promptly adopt or cause to adopt the other Complied with.
policies and take other actions indicated in the
program specified in the Policy Letter and the
Policy Matrix, and ensure that such policies and
actions continue in effect during the program
2 The MOL shall be the program executing agency Substantially complied with. MOL was
with the PMU headed by a full-time Director/Joint unable to maintain full time staff. Due to
Secretary, a Deputy Secretary and support staff. slow disbursements of the Project loan,
At the federal level, the implementing agencies provincial PMUs were established.
and (iv) the Ministry of Interior. At each provincial
level, the provincial implementing agencies shall
be the Departments of Law and Home, reporting
to the Provincial Planning and Development
Board/Department which shall coordinate the
program activities within the province. The Law
Department shall also be responsible for program
activities concerning the High Courts, the
independent prosecution services and the
Ombudsman. The Home Department shall also
be responsible for program activities concerning
the police and public safety commissions.
3 The NPRCC shall review and coordinate the Partly complied with. The NPRCC rarely
overall progress, and the PPRC shall review and met, and both NPRCC and PPRC were
coordinate progress at the provincial level. The not fully constituted, for example, they had
chairperson of the NPRCC shall be the Secretary no Bar and civil society representation.
82 Appendix 9
of the Ministry of Law. The NPRCC shall
comprise one representative of each of the
provincial High courts to be nominated by their
representative nominated by the Pakistan Bar
Council, the Director General of the Federal
Judicial Academy, one representative of the Law
Commission, one representative of the Federal
Ombudsman, and one representative of civil
society nominated by the Federal Law Minister.
The PPRC shall be headed by the chairperson of
the Provincial Planning and Development board
or the Additional Chief Secretary (Development)
of the Provincial Planning and Development
Inspector General of Police, the secretary of the
nominated by the chief Justice of the High Court
concerned, and one representative of civil society
appointed by the Governor.
Policy Dialogue
4 The Borrower shall keep ADB informed of, and Complied with.
the Borrower and ADB shall from time to time
exchange views on, the progress made in
carrying out the program.
5 The Borrower shall continue timely policy Partly complied with. Although issues
dialogue with ADB on problems and constraints were raised and discussed during annual
encountered during implementation of the reviews and fortnightly review meetings,
program and on desirable changes to overcome the Borrower did not proactively identify
or mitigate such problems and constraints, and and mitigate problems and constraints in
on further reforms to strengthen the judicial and reform implementation.
police sector.
6 The Borrower shall keep ADB informed of the Partly complied with. The Borrower did not
outcome of policy discussions with other proactively engage in policy dialogue with
multilateral and bilateral aid agencies that have multilateral or bilateral aid agencies but
implications for implementation of the program, where it did, there was little effort to
and shall provide ADB with an opportunity to engage ADB except where the TA grant
comment on any resulting policy discussions. was also part in such dialogue.
Review and Evaluation of the Program
7 Without limiting the generality of Section 4.05 of Substantially complied with. The judiciary
this Loan Agreement or paragraphs 4 to 6 of this was not updated.
Schedule, to facilitate review by ADB of the
progress in the implementation of the program,
the program executing agency shall assist ADB
by providing relevant data and information in
such detail as ADB may reasonably request.
8 Annual performance Reviews shall be conducted Complied with.
just prior to the beginning of each new fiscal year
during the program period according to the
Borrower and ADB. The review process shall
assess (i) compliance with second (and
subsequent) tranche conditions, (ii) progress
towards compliance with subsequent tranche
conditions, and (iii) progress on complementary
activities agreed upon between the borrower and
ADB. The review process shall occur each year
beginning at district level during May to June as
mutually agreed between the Borrower and ADB,
to enable federal, provincial and district
Appendix 9 83
authorities, with inputs by civil society, to reflect
the results, where appropriate, in their planning
and budgeting process. Satisfactory conclusion
of the review process on the complementary
activities and agreement on a revised set of such
activities for the next review shall be a condition
for release of the subsequent tranches.
9 The MOL, in cooperation with the implementing Complied with.
agencies and jointly with ADB, shall conduct
evaluations by independent authority jointly
appointed by the Borrower and ADB at the end of
year 3 of the program implementation.
Counterpart Funds
10 Counterpart Funds shall be utilized to support Partly complied with. The Borrower
increased budgetary allocations to specific committed to ensure that counterpart
sectors mandated with responsibility to funds equivalent to $5.5 million
implement the reforms under the program comprising staff and office space would
including expenditures on physical infrastructure, be made on a timely basis to implement
equipment, operations and maintenance, the TA Loan. However, only $3.3 million
capacity building and training. Any province shall were disbursed under the TA loan due to
be entitled in any one year of the program to pervasive capacity constraints. The
draw up to 60% of the Counterpart Funds in Borrower's counterpart contribution was
accordance with a sharing arrangement mutually less than envisioned but proportional to
agreed between the provinces and the the amount utilized (16.6%)
federation. The Borrower shall onlend such
amounts to the provinces on the same terms and
conditions as ADB's loans to the Borrower except
that the foreign exchange cost will be borne by
the Borrower.
Access to Justice Development Fund
10 The Counterpart Funds shall also be used to Complied with.
capitalize the AJDF.
Public-Private Partnerships
12 Part of the Counterpart Funds equivalent of not Substantially complied with. Center of
less than $2 million may also fund arrangements legal education was not established.
for establishment of centers of legal education.
Environment
13 The Borrower shall ensure that all necessary Complied with.
measures in design, construction, operation,
maintenance and monitoring are taken to
mitigate possible adverse environmental impacts
associated with the program, in accordance with
ADB's environmental guidelines and applicable
safety and environmental standards of the
relevant agency of the Borrower.
TA Loan 1899-PAK
in conformity with sound administrative, financial efficiency and in conformity with sound
environmental, judicial and police practices. administrative, financial environmental,
implemented.
or cause to be performed, all obligations set forth Schedule 5 of the Loan Agreement with
Section 4.03 (a) In the carrying out of the Project, the Borrower Complied with.
shall cause competent and qualified consultants
84 Appendix 9
and contractors, acceptable to the Borrower and
the Bank, to be employed to an extent and upon
terms and conditions satisfactory to the Borrower
and the Bank.
Section 4.03 (b) The Borrower shall cause the Project to be Complied with.
carried out in accordance with plans, design
standards, specifications and construction
methods acceptable to the Borrower and the
Bank. The Borrower shall furnish, or cause to be
furnished, to the Bank, promptly after their
preparation, such plans, design standards and
specifications, and any material modifications
subsequently made therein, in such detail as the
Bank shall reasonably request.
departments and agencies, including MOL with
respect to the carrying out of the Project and
operation of the Project facilities are conducted
and coordinated in accordance with sound
administrative polices and procedures.
Section 4.05 (a) The Borrower shall make arrangements Complied with.
satisfactory to the Bank for insurance of the
Project facilities to such extent and against such
risks and in such amounts as shall be consistent
with sound practice.
the Borrower undertakes to insure, or cause to
be insured, the goods to be imported for the
Project and to be financed out of the proceeds of
the Loan against hazards incident to the
acquisition, transportation and delivery thereof to
the place of use or installation, and for such
insurance any indemnity shall be payable in a
currency freely usable to replace or repair such
goods.
Section 4.06 (a) The Borrower shall maintain, or cause to be Complied with.
maintained, records or cause to be maintained,
records and accounts adequate to identify the
goods and services and other items of
expenditure financed out of the proceeds of the
Loan, to disclosed the use thereof to the Project,
to record the progress of the Project (including
the cost thereof) and to reflect in accordance with
consistently maintained sound accounting
principles, the operation and financial condition of
the agencies of the Borrower including MOL
responsible for the carrying out of the Project and
operation of the Project facilities, or any part
thereof.
Section 4.06 (b) The Borrower shall (i) maintain, or cause to be Complied with.
maintained, separate account for the Project, (ii)
have such accounts and related financial
statements audited annually, in accordance with
appropriate auditing standards consistently
applied, by independent auditors whose
qualifications, experience and terms of reference
are acceptable to the Bank, (ii) furnish to the
Bank, as soon as available but in any event not
later than three (3) months after the end of each
related fiscal year, certified copies of such
audited account and financial statements and the
report of the auditors relating thereto (including
the auditor’s opinion on the use of the Loan
proceeds and compliance with the covenants of
this Loan Agreement as well as on the use of the
procedures for imprest account/statement of
expenditures), all in the English language; and
Appendix 9 85
(iv) furnish to the bank such other information
concerning such accounts and financial
statements and the audit thereof as the Bank
shall from time to time reasonably request.
Section 4.06 (c) The Borrower shall enable the Bank, upon the Not applicable.
Bank’s request, to discuss the Borrower’s and
MOL’s financial statements for the Project and its
financial affair related to the Project from time to
time with the Borrower’s auditors, and shall
authorize and require any representative of such
auditors to participate in any such discussions
requested by the Bank, provided that any such
discussion shall be conducted only in the
presence of an authorized officer of the Borrower
unless the Borrower shall otherwise agree.
Section 4.07 (a) The Borrower shall furnish, or cause to be Complied with.
furnished, to the Bank all such reports and
information as the Bank shall reasonably request
concerning (i) the Loan, and the expenditure of
the proceeds and maintenance of the services
thereof, (ii) the goods and services and other
items of expenditure financed out of the proceeds
of the Loan, (iii) the Project, (iv) the
administration, operations and financial condition
of the agencies of the Borrower responsible for
the carrying out of the Project and operation of
the Project facilities, or any part thereof, (v)
financial and economic conditions in the territory
of the Borrower and the international balance-of-
payments position of the Borrower, and (vi) any
other matters relating to the purposes of the
Loan.
the Borrower shall furnish, or cause to be
furnished, to the Bank quarterly reports on the
carrying out of the Project and on the operation
and management of the Project facilities. Such
reports hall be submitted in such form and in
such detail and within such a period as the Bank
shall reasonably request, and shall indicate,
among other things, progress made and
problems encountered during the quarter under
review, steps taken or proposed to be taken to
remedy these problems, and proposed program
of activities and expected progress during the
following quarter.
Section 4.07 (c) Promptly after completion of the Project, but in Not complied with. The required
any event not later than three (3) months Borrower's Program Completion Report
thereafter or such later date as may be agreed was supposedly prepared by the TA team
for this purpose between the Borrower and the of consultants. However, no such report
Bank, the Borrower shall prepare and furnish to was provided to the PMU.
the Bank a report, in such form and in such detail
as the Bank shall reasonably request, on the
execution and initial operation of the Project,
including its cost, the performance by the
Borrower of its obligation under this Loan
Agreement an the accomplishment of the
purpose of the loan.
Section 4.08 The Borrower shall enable the Bank’s Not applicable.
representatives to review the Project and inspect
the goods financed out of the proceeds of the
Loan and any relevant records and documents.
Section 4.09 The Borrower shall ensure that the equipment Complied with.
financed under the Project is maintained and
repaired in accordance with sound maintenance
and operational practices.
Section 4.10 (a) It is the mutual intention of the Borrower and the Complied with.
86 Appendix 9
Bank that no other external debt owed a creditor
other than the Bank shall have any priority over
the Loan by way of a lien on the assets of the
Borrower. To that end, the Borrower undertakes
(i) that, except as the Bank may otherwise, agree
if any lien shall be created on any assets of the
Borrower as security for any external debt, such
lien will ipso facto equally and ratably secure the
payment of the principal of, and interest charge
and any other charge on, the loan, and (ii) that
the Borrower, in creating or permitting the
creation of any such lien will make express
provision to that effect.
Schedule 6 Execution of Project and Operation of Project Facilities; Financial Matters
Project Implementation
1 The MOL shall be the Executing Agency with the Complied with.
PMU headed by a full-time Director/Joint
Secretary, a Deputy Secretary and support staff.
The Borrower shall ensure that the PMU shall be
maintained to the mutual satisfaction of the
Borrower and the Bank during the Project.
2 At the federal level, the implementing agencies Complied with.
and (iv) the Ministry of Interior
3 At each provincial level, the provincial Complied with.
implementing agencies shall be the Departments
of Law and Home, reporting to the Provincial
Planning and Development Board/Department
which shall coordinate the AJP activities within
the province. The Law Department shall also be
responsible for AJP activities concerning the
High Courts, the independent prosecution
services and the Ombudsman. The Home
Department shall also be responsible for AJP
activities concerning the police and public safety
commissions.
4 The Borrower shall ensure that in each of MOL Complied with.
and the Ministry of Interior a TA Loan
Supervision Committee shall be established and
staffed as mutually acceptable to the Borrower
and the Bank within three months of the Effective
Date. The TA Loan Supervision Committees shall
be responsible for preparing terms of reference,
sourcing domestic consultants and obtaining
PMU support for contracting and management.
5 The Borrower shall ensure that the NPRCC shall Complied with.
be established and staffed as mutually
acceptable to the Borrower and the Bank within
three months of the Effective Date. The NPRCC
shall review and coordinate the overall progress,
particularly to promote provincial cooperation.
The chairperson of the NPRCC shall be the
Secretary of the Ministry of Law. The NPRCC
shall comprise one representative of each of the
provincial High Courts to be nominated by their
representative of the Federal Ombudsman, and
one representative of civil society nominated by
Appendix 9 87
the Federal Law Minister.
6 The Borrower shall ensure that each PPRC shall Complied with.
be established and staffed as mutually
acceptable to the Borrower and the Bank within
three months of the Effective Date. The PPRC
shall be headed by the chairperson of the
Provincial Planning and Development Board or
the Additional Chief Secretary (Development) of
the Provincial Planning and Development
inspector General of Police, the secretary of the
nominated by the Chief Justice of the High Court.
7 The Borrower shall ensure that each of the Complied with.
foregoing implementation arrangements shall be
in consonance with the AJP.
Development of Technical Assistance Phases; Coordination with AJP
8 The Borrower shall ensure that (i) the PMU shall Complied with.
initiate hiring of consultants within three months
of the Effective Date and upon completion of the
detailed terms of reference, implementation
arrangements and scope of Phase 1 mutually
satisfactory to the Borrower and the Bank; and
(ii) each consultant or consulting team shall
prepare an inception report satisfactory to the
PMU within four weeks of commencement of
services providing a time bound work program,
together with a schedule of progress reports.
9 The Borrower shall ensure that the development Complied with.
of scope, implementation arrangements and
detailed terms of reference for each Phase of
Technical Assistance shall be implemented: (i) in
a timely and efficient manner so that Phase 1 is
reviewed and finalized within three months of the
Effective Date, Phase 2 is developed not later
than month 18 of the Project (June 2003) and
Phase 3 is developed not later than month 30 of
the Project (December 2004), (ii) in coordination
with the AJP Annual Performance Review, and
(iii) in consultation with the Bank and to the
mutual satisfaction of the Borrower and the Bank
except as the Bank may otherwise agree, no
Loan proceeds shall be withdrawn (or used from
the imprest account) for Project Activities (i) for
expenditures other than Phase 1, after June
2003 unless and until that year's AJP Annual
Performance Review has been completed and
Phase 2 has been developed, in each case to the
satisfaction of the Bank and (ii) for expenditures
other than Phase 1 and Phase 2, after December
2004 unless and until that year's AJP Annual
Performance Review has been completed and
Phase 3 has been developed, in each case to the
mutual satisfaction of the Borrower and the Bank.
10 The Borrower shall ensure that a comprehensive Complied with.
training program shall be prepared by the MOL
and the Implementing Agencies with assistance
of consultants, in consultation with agencies
involved and following training needs
assessments where necessary. Each training
88 Appendix 9
program shall specify (i) the number of persons
to be trained each year; (ii) the criteria for
selection of candidates, (iii) linkage of training to
performance evaluation and promotion; (iv)
institutions proposed; (v) types of training
courses to be followed and materials to be used;
(vi) duration of each course; and (vii) estimated
cost where workshops or seminars are to be held
with NGOs or Bar Associations or Bar Councils
shall be selected on the basis of criteria mutually
agreed upon with the Borrower and the Bank.
Project Review and Reporting
11 AJP Annual Performance Reviews shall be Complied with.
conducted just prior to the beginning of each new
fiscal year during the AJP period according to the
Borrower and the Bank and shall include (i)
verification of compliance with Tranche
conditions under the AJP program loans, (ii)
progress towards compliance with subsequent
Trance conditions, and (iii) progress on
complementary activities including the Technical
Assistance. The review process shall be carried
out each year beginning at district level during
May to June as mutually agreed between the
Borrower and the Bank. The review process shall
take into account the level of effort put in to carry
out AJP activities, the difficulties encountered,
the progress made, and the modifications
required for the Technical Assistance to support
the AJP
12. The Borrower shall ensure that the MOL, in Complied with.
cooperation with the Implementing Agencies and
the Project consultants, and jointly with the Bank,
shall carry out evaluations of AJP (including the
Project) by an independent authority jointly
appointed by the Borrower and the Bank in the
final year of the AJP. These evaluations shall be
conducted by an independent agency jointly
appointed by the Borrower and the Bank.
13 Without limiting Section 4.07 of this Loan Complied with.
Agreement, quarterly progress reports shall be
prepared by the MOL with assistance of the
Implementing Agencies and furnished to the
Bank within one month after the period under
review. The reports shall be in a format agreed
with the Bank and shall include information on
the progress of Technical Assistance
implementation, problems encountered and
measures adopted for their resolution, and the
proposed program for the following quarter. The
reports shall include information on
disbursements under the Loan and Borrower
contributions.
Benefit Monitoring and Evaluation
14 The benefit monitoring and evaluations shall be Complied with.
conducted in accordance with the Bank's Benefit
Monitoring and Evaluation: A Handbook for Bank
Staff, Staff of the Executing Agencies and
Consultants dated March 1992.
Counterpart Funds
15 The Borrower shall ensure that counterpart funds Partly complied with. The Borrower
equivalent to $5,500,000 comprising cash and committed to ensure that counterpart
Appendix 9 89
contributions in kind for counterpart staff and funds equivalent to $5.5 million
office space are made available on a timely basis comprising staff and office space would
for the smooth and efficient implementation of the be made on a timely basis to implement
Project. the TA Loan. However, only $3.3 million
were disbursed under the TA loan due to
pervasive capacity constraints. The
Borrower's counterpart contribution was
less than envisioned but proportional to
the amount utilized (16.6%)
Environmental and Social Considerations

16 The Borrower shall ensure that the Bank's Complied with.
guidelines on gender and development are
followed in all Project activities.

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Completion Report

Project Number: 32023

Pakistan: Access to Justice Program

Currency Unit – Pakistan rupee/s (PRe/PRs)

At Appraisal At Program Completion

PRe1.00 = $0.19 $0.01

Vice President X. Zhao, Operations 1

Team leader D. Kertzman, Principal Financial Sector Specialist, CWRD

2. Loan Numbers 1897, 1898, 1899

4. Borrower Islamic Republic of Pakistan

5. Executing Agency Ministry of Law, Justice, Human Rights and

Loan 1898 SDR67.9 million ($86.8 million)

Loan 1899 SDR15,648,000 ($20.0 million)

7. Program Completion Report Number 1156

3. Date of Board Approval 20 December 2001

4. Date of Loan Agreement 21 December 2001

5. Date of Loan Effectiveness

24 December 2001 28 August 2007 68 months

Effective Date Original Closing Date Time Interval

Loans 1897, 1898 24 December 2001 30 June 2005 53 months

Loan 1899 24 December 2001 30 June 2006 54 months

9. Local Costs (Financed), Loan 1899

C. Program and Project Data

1. Program and Project Costs ($)

Loan 1898 (SDR)

Loan 1899 (SDR)

3. Cost Breakdown by Program and Project Components

Loan 1898 (SDR)

Loan 1899 (SDR)

4. Program and Project Schedules

5. Program Performance Report Ratings

D. Data on Asian Development Bank Missions

II. EVALUATION OF DESIGN AND IMPLEMENTATION

A. Relevance of Design and Formulation

13. Strengthening judicial independence. Good progress was made in strengthening

21. Improving judicial governance. The AJP helped to institutionalize a framework to

performance challenging. Judicial decisions are also required to be published pursuant to

26. Ensuring an independent, accountable, transparent and professional police force.

C. Program and Project Costs

D. Program and Project Schedule and Disbursement

F. Conditions and Covenants

G. Related Technical Assistance

H. Consultant Recruitment and Procurement

J. Performance of the Borrower and the Executing Agency

K. Performance of the Asian Development Bank

III. EVALUATION OF PERFORMANCE

B. Effectiveness in Achieving Outcome

C. Efficiency in Achieving Outcome

D. Preliminary Assessment of Sustainability

IV. OVERALL ASSESSMENT AND RECOMMENDATIONS

• Judicial reforms: Successful

2. Further Action or Follow-Up

JUSTICE SECTOR INDICATORS

Indicators 1998 2001 2004 2005 2006 2007 2008

E. Disposition rate - 0.91 0.96 1.20 1.02 0.91 0.93

Indicators 1998 2001 2004 2005 2006 2007 2008

Indicators 1998 2001 2004 2005 2006 2007 2008

FLOW OF FUNDS AND IMPLEMENTATION STATUS OF INFRASTRUCTURE AND

Figure A2: Flow of AJP Funds

ADB = Asian Development Bank, AJP = Access to Justice Program

B. Implementation Status of Infrastructure and Capacity Development Projects

Table A2.2: Release and Utilization of Program Loan Allocation, 2002–2009

NWFP = North West Frontier Province.