Background
The Justice Sector Development Programme
(JSDP) which began operations in March 2005 as an initiative of the Government
of Sierra Leone (GoSL) and the United Kingdom Department for International Development
(DFID), is geared towards helping the people of Sierra Leone, especially the rural
poor, marginalized, and vulnerable, with affordable and accessible justice,
support to the rule of law section, prevent further conflict and improve safety
and security measures throughout the country. After years of bad governance
which culminated in the decade long civil conflict, it is now broadly
recognized among state as well as non-state stakeholders that any effort aimed
at reforming the justice sector need to be all inclusive, involving both justice
institutions and interest groups such as civil society organisations. More
attention needs to be paid to the informal justice system by strengthening alternative
dispute resolution mechanisms in order for justice to holistically address
societal injustices in a meaningful way. In lieu of this, the JSDP partners
with civil society and private sector organizations in an ongoing strategy
development, implementation, and monitoring and evaluation.
It is worth noting that placing much
emphasis on the input/supply component alone, which is, the police etc., and
overlooking the demand aspect, which is, what the people want, undermines the
true nature of justice. Access to justice can only be achieved if equal
attention is given to both. In light of this, the DFID has commended the
efforts of JSDP in ensuring that pro-poor and demand component dimensions to take
centre stage of its operations during the first phase. This stage includes
positive examples of women’s empowerment, awareness raising and improved
capacity of people to resolve conflicts themselves. The second phase, will however,
build on this and develop a strategy to strengthen the demand-side through
increased engagement of civil society.
How to
go about this task
The JSDP Demand Side Strategy reflects
priorities set out in the GoSL Justice Reform Strategy (2008-10). The aim of
this strategy is to reduce crime and fear of crime; speed criminal case processing;
improve handling of juveniles; speed civil processing; improve primary justice
mechanisms; improve human rights outcomes and accountability; and improve
capacity to deliver justice sector plan targets. At the preliminary stage, funding
will be channeled through JSDP. However, linking the overall GoSL Justice
Sector Reform Strategy will allow for other donors to contribute at will. This
will enhance a sustainable partnership between the GoSL and Civil Society for
long term justice sector reforms. The long term vision, as suggested by JSDP, is
central for the demand side initiative to succeed being that it is locally
owned and driven, mirroring and influencing government-driven reform
initiatives. The Strategy is intended to operate at three different levels-
national, meso and grassroots level.
National
The national level aims at building civil
society-GoSL engagement mechanisms to influence sustained justice sector
reforms which will involve monitoring the supply side, This strategy will
establish and support structures for civil society input into justice sector
reform policy processes. It will ensure structured representation and inclusive
means by which civil society can influence and feed into the justice sector reform
processes at all levels- grass root, district and national. This is to make
sure that the concerns of the citizens, especially the rural poor and
vulnerable in diverse parts of the country are reflected in the national
policies.
Meso
Level
The Meso level strengthens civil society
organizational and programme capacities to serve as intermediaries between the
demand side and the supply side of justice.
This deals purely with the program management of the Demand –side
support. That is, the strengthening of civil society by providing funds,
technical guidance and quality assurance in order to reflect Justice Reform
Strategy targets. Strong emphasis will be laid on rural/grassroot justice, on
bridging informal (traditional) and formal (state-run) means of accessing
justice and on reaching the poor and the vulnerable.
There will be a professional Grants
Management and Advisory Team, (the PMU/ Management Team.) This unit will
provide overall technical advisory service to the operationalisation of the demand
side strategy. The funding of civil society will be done under this unit.
Grassroots
Level
This level supports the direct demand side
involvement .This will be done by embarking on Focus Group Discussions (FGDs),
trainings etc. in order to raise collective awareness and interest around
people’s right and locally relevant justice issues thus contributing to an
increasingly self-informed environment for participatory action and change.
JSDP is known for its focus on traditional /informal justice system. In
subsequent JSDP programmes there will be an opportunity to carry out primary
data gathering and perception surveys across all districts focusing on
perceived injustices and non-state justice processes from the demand side point
of view. This would help rural civil society actors through trainings. Also, by
involving them in data gathering and perception surveys, it will help them
focus their outreach and feedback activities in areas where they have a
comparative advantage to national/elitist organizations and state actors.
How
this activity fits in with the Government Reform Strategy
The main focus of the JSDP Demand Side Strategy
is to reflect the priorities set out in GoSL Justice Reform Strategy 2008-10
which emphasizes that premium be put on the demand side rather than that of the
supply side. The government Reform Strategy contain four goals. They are safe communities,
access to justice, strengthened rule of law, and improved justice service
delivery. Each goal has one or more targets with a working group attached to it
comprising representatives from each sector institution involved in addressing
that specific target. Target Working Groups function as subcommittees of a
technical working group of justice institutions from the line Ministries, Departments
and Agencies (MDA’s) involved.
In a nutshell, this document serves as a
check on the government by civil society which promotes the interests of the
citizens especially the grassroots level.