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Pakistan's Law and Justice Sector Reform Experience: Some Lessons

Author: L Armytage
Date: 2003
Size: 11 pages (53.5 KB)

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Summary

What is the experience of Pakistan’s Access to Justice reform program (AJP)? What lessons can be learned for the emerging discourse on law and justice in development programs? This paper, in the online journal Law, Social Justice and Global Development, based at Warwick University, analyses history, objectives, progress to date and lessons learnt as the AJP addresses institutional problems to improve access to justice in an element of the governments’ wider poverty reduction strategy.

The Pakistan law and judicial sector is chronically under-funded, the institutions of justice have been neglected and this has impaired the quality of judicial services. The stature, independence and integrity of the courts have been damaged by legitimising the two military coups that have taken place in Pakistan in the last 25 years. In essence, the AJP is a program loan valued at USD350m provided by the Asian Development Bank (ADB), which is currently ongoing.

The objectives of the AJP are to improve the administration of justice as a means of strengthening the rule of law and thereby the system of governance for the people of Pakistan. Specific benefits include:

• The community will benefit from more competent judicial services provided by improved efficiency in the administration of justice and the speedier disposal of cases.
• The courts will have expanded resources to administer justice in a fair, timely and cost-effective way. Supporting the Law Commission will allow justice to be coordinated at a systemic level.
• Police and prosecutors will benefit from integrated reforms, for instance the establishment of an independent prosecution service. In addition, training for police will be expanded.
• Judicial Policy and administration to include on-the-job training for judges, study tours, improved management systems and organisational reform. This has expanded the mandate of the Law Commission.
• Access to justice to be expanded through, for example, the introduction of a defamation law and a freedom of information act. In addition, a translation of law dictionaries into Urdu and initiatives for gender equality.

Realistically it will take considerable resources, time and effort to rebuild the institutions of justice. However, the experience drawn from the pilot projects, for example in backlog reduction in the courts, provides grounds for encouragement and lessons for policy-makers include:

• Further steps are required to sustain momentum beyond the confines of short-terms projects. For instance, the publication of court’s reports and supporting the federal judicial academy to deliver training.
• The challenge of judicial independence. There is often a major divergence of expectations between the various stakeholders in the executive and judicial arms of government.
• Liaison and communication is made difficult by the need for ownership and leadership in the change process. Donor defined frameworks are ill-suited to reflect the qualitative nature of relationships.
• There is a need for sustained engagement with each implementing agency. The lack of any institutional memory of preceding work is often almost absolute.
• Efforts need to be extended to represent the bar and civil society in the governance structure of the Law Commission.
• Project management and change management need to be addressed in view of timeframes. Overseeing and managing processes are crucial, as is a focus on the linkages between judicial and legal sector reform.

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Source: Armytage, J, 2003, 'Pakistan's Law and Justice Sector Reform Experience: Some Lessons', Law, Social Justice & Global Development Journal (LGD)