GOVERNMENT-DONOR COORDINATION COMMITTEE (GDCC)

TWG: Legal and Judicial Reform

TWG Action Plan

112. The TWG reported that the following four activities were planned to be implemented and satisfactory progress has been reported on all activities:

Through a series of joint government-donor working groups, support implementing institutions to complete work required for JMIs to be met, i.e. the principal codes, the law related to the judiciary, the anti-corruption law.
iii. Bi-monthly meetings of TWG.
Meet quarterly to report on progress, discuss requests for technical assistance and determine action required to resolve any barriers to progress.
Report to GDCC meetings as requested, and develop potential JMIs for following years, related to the LJR action plans.

113. In addition, the TWG noted the two following points:

There is a consensus that steps are required to enhance the effectiveness of the TWG process in this sector: (i) PMU/CLJR is fully in charge of the secretarial function of the TWG with the support of DIHR adviser; (ii) Establish sub -working groups around each of the strategic objectives of the overall Legal and Judicial Reform strategy is on going. Donors expressed their interests in leading sub-groups.
It would be useful to facilitate an exchange of experience between sectors on which TWG’s operate more effectively, and how this experience can be shared across sectors.

Joint Monitoring Indicators

114. Penal code (End of 2006). MOJ, with the assistance of French Cooperation, is completing the draft. This activity has been delayed as it took time to compare with special laws that were enacted at the moment and after the draft of the penal code was ready.

115. Code of Penal procedures (End of 2006). Draft is being reviewed by the legislative commission of the National Assembly and waiting for the next session of Assembly in March 2007.

116. Code of civil procedures (End of 2006). This code was promulgated on July 06, 2006.

117. Civil code (End of 2006). The Draft was sent the National Assembly in 12 January 2007.

118. Organic Law on the Organization and Functioning of the Courts (End of 2006). The Draft is finalized by MOJ. Ministry of Commerce is drafting a separate law to establish the Commercial Tribunal.

119. Law on the Amendment of the law on the Organization and Functioning of the Supreme Council of Magistracy (End of 2006). The Draft is finalized by MOJ.

120. Law on the Statute of Judges and Prosecutors (End of 2006). Minister of MOJ is reviewing the draft. MOJ has received the draft from the Supreme council of Magistracy August 28, 2006.

121. Law on Anti-Corruption (End of 2006). The adoption of this law is pending for the adoption of the Penal Code by the National Assembly.

122. Develop a clear policy framework access to information (End of 2006). Its process is studied by MONASRI.

123. Complete the Draft Law against Trafficking in Person and Sexual Exploitation and submit to COM (End of 2006). MOJ and MOWA are discussing certain points of the draft.

Implementation status of the H-A-R Action Plan

124. The TWG reported that the following actions have been taken under Ownership (of Section A) of the H-A-R Action Plan: Increase bilateral meetings with implementing agencies and donor communities. Meetings were held with the Ministry of Education, MOJ, MOI, MOWA, MLMUC, UNDP, EWMI, AUSAID, JICA, FRANCE, etc.

Resource mobilization

125. As for resource, the TWG reported it there is no resource to mobilize because the TWG has no separate budget.

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