HIV-related Legal Services Project in Indonesia Implemented by Lembaga Bantuan Hukum Masyarakat (LBHM) Project review of the first phase July 2011 report 9
Acknowledgements This report was prepared by Mr. Asela Kalugampitiya, IDLO Monitoring, Reporting and Information officer. The report was edited by Ms Alexandra Keenan. Technical and financial support to Lembaga Bantuan Hukum Masyarakat (LBHM) is provided by IDLO with grants from the Ford Foundation and the OPEC Fund for International Development (OFID). OFID is the development finance institution of OPEC member states, established to provide financial support for socio-economic development, particularly in low income countries. Disclaimer The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of IDLO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. IDLO does not warrant that the information published in this publication is complete and correct and shall not be liable for any damages incurred as a result of its use. IDLO 2011. All rights reserved. This material is copyrighted but may be reproduced by any method without fee for any educational purposes, provided that the source is acknowledged. For copying in other circumstances or for reproduction in other publications, prior written permission must be granted from the copyright owner and a fee may be charged. Requests for commercial reproduction should be directed to the International Development Law Organization. Version: 20 September 2011 Published by: International Development Law Organization Viale Vaticano, 106 00165 Rome, Italy Tel: +39 06 4040 3200 Fax: +39 06 4040 3232 idlo@idlo.int www.idlo.int 2
Table of Contents ACRONYMS... 4 1. EXECUTIVE SUMMARY... 6 FINDINGS... 7 RECOMMENDATIONS... 9 2. INTRODUCTION... 10 3. PURPOSE OF THE REVIEW... 10 4. METHODOLOGY AND THE PROCESS... 11 OVERVIEW OF THE PROJECT... 12 Goal... 12 Objectives and outputs... 12 Geographical focus... 13 FINDINGS... 13 RECOMMENDATIONS... 17 ANNEX 1 - GENERAL TERMS OF REFERENCE (TOR)... 20 Introduction... 20 Objectives of the review... 22 Methodology... 22 Detailed review questions... 23 Time frame... 24 ANNEX 2 - LIST OF PERSONS INTERVIEWED... 25 ANNEX 3 - DOCUMENTS REVIEWED... 26 3
ACRONYMS AIDS CSW IDU FGD HIV IDLO M&E MSM NGO CSO OFID PC OW PLHIV TOR NAC UNFPA LBHM Acquired Immune Deficiency Syndrome Commercial Sex Workers Injecting Drug Users Focus Group Discussions Human Immuno-deficiency Virus International Development Law Organization Monitoring and Evaluation Men who have Sex with Men Non-Governmental Organization Civil Society Organization OPEC Fund for International Development Peer Counselors Outreach Worker People Living With HIV Terms of Reference National AIDS Commission United Nations Population Fund Lembaga Bantuan Hukum Masyarakat 4
REVIEW TEAM 1. Asela Kalugampitiya (Team leader): Mr Kalugampitiya is the Monitoring, Reporting and Information Officer of IDLO - Health Law Program. Before joining IDLO in October 2009 he worked for UNFPA in Afghanistan and Sri Lanka as monitoring and evaluation officer. 2. Ricky Gunawan: Mr. Gunawan is the Program Director of LBH Masyarakat, as well as program manager for this project. He is one of the four founding fathers of LBH Masyarakat. Before that, he worked at the Indonesian Legal Aid Institute until late 2006, and volunteered with the Hong Kong-based Asian Human Rights Commission (AHRC) until mid-2007. 3. Asmin Fransiska: Mrs. Fransiska is a lecturer at Atmajaya Catholic University. She recently became Vice Dean of University s Law Faculty. She has worked on drug and HIV-related issues for over five years. She has written several articles and books on these topics. 4. Mirza Revilia: Mrs. Revilia, also known as Mrs. Vivi, works as a paralegal for the PLHIV community. This cheerful woman has worked with many NGOs on HIV and AIDS issues. Although she is no longer works in NGOs, she still visits some communities to help them with their health and legal problems. 5. Bunda Yuli: Ms. Bunda Yuli works as coordinator of a transgender forum in Jakarta. She has contributed greatly to the empowerment of the transgender community and recently earned her Bachelor of Laws from a Jakarta university. She is also active on many on transgender and HIV-related issues. 5
1. EXECUTIVE SUMMARY In 2009, IDLO commenced a three-year project, with support from the OPEC Fund for International Development (OFID) and other donors, to strengthen the enabling legal environment for the response to HIV in eight countries. Indonesia is one of the eight countries that are participating in the project. In early 2010 IDLO signed a sub-grant agreement with Lembaga Bantuan Hukum Masyarakat (LBHM) to collaborate on a legal services project for PLHIV and key populations. Under the sub-grant agreement IDLO provides financial and technical support to LBHM to implement the project. The project began in March 2010. It involves providing legal services to address the legal issues faced by PLHIV and key affected populations, as well as building the capacity of pro bono lawyers, paralegals and community groups. The legal services were launched in October 2010. The mid-term review of the Indonesia project was conducted in July 2011, as planned in the monitoring and evaluation plan. This report gives key information about the findings and recommendations of the project review. The purpose of this review is to assess the implementation of the project in the fifteen month period between March 2010 and June 2011. Specifically, the objectives of the review were to: 1. Identify what the project stake-holders achieved during the period to be reviewed; 2. Identify progress and gaps in achieving the project objectives; 3. Make recommendations for future planning The review followed a participatory approach from the outset. The review team was comprised of representatives from different stakeholders (staff, beneficiaries and NGO partners). Five representatives were selected from different stakeholders. Participants in the review team were drawn from the project staff; IDLO; the PLHIV network; key population groups and legal experts. A representative from a key population group (transgender) joined on the second day and the legal expert joined on the third day due to prior commitments. The team followed the following methodology for the review: 1. Document review: The team reviewed the Project proposal and annual plan, Client Protocol, environmental scan report, quarterly reports, training reports and other relevant documents 2. Data collection from different groups: When and where possible, the key informants of the FGDs (focus group discussions) included implementers (project staff), 6
beneficiaries (PLHIV who received legal services from the project, key populations, trained pro bono lawyers and trained members of civil society organizations), other service providers, PLHIV networks and others 3. Analysis of data (collectively) 4. Presentation of findings to LBHM for feed-back 5. Writing the report FINDINGS 1. Project design The project was designed based on the needs assessment findings and LBHM legal empowerment model. IDLO supported the project for 18 months, a very short period in terms of the model used for the project. The project included capacity building activities for lawyers and paralegals. Follow-up was not part of the design of either capacity building event. 2. Project implementation and achievement of results i. Strong relationship with communities The project has strong relationships with PLHIV and key population communities. ii. The project accomplished its main undertakings The project successfully trained 18 pro bono lawyers from Jakarta and East Java on 18 and 19 May 2010, as well as 20 paralegals from PLHIV, drug user, sex worker and transgender communities. Legal services are now provided to different key population communities. The monthly newsletter HAM dan HIV (HIV and rights) has been produced as planned. iii. Follow-up has not been conducted However LBHM does not have information about activism by trained pro bono lawyers and they have not had any follow up from LBHM. Nor has follow-up support been provided to paralegals. Paralegals are expected to handle cases at the field level after the training, but there is no plan for follow-up training or meetings and no funding for incremental improvements in their services. iv. Paralegals are valuable resource but need more support Trained paralegals have supported some clients in resolving their legal issues although there are no records of this fact. Paralegals play a critical role in the legal empowerment model, and thus are a valuable resource. Currently eight paralegals out of twenty are available and active for the work expected of them. The other twelve are unavailable and inactive for various reasons such as full-time employment. As individuals, paralegals cannot fight against discrimination on their own. v. Legal services are being provided The project provided legal assistance in 31 cases, 26 of which were drug-related. There were about five cases related to people infected and affected by HIV. The project lawyer handled these cases directly some of which referred by paralegals. Cases or issues directly 7
handled by paralegals are not included in these numbers. The project has yet to establish client confidentiality procedures. Due to an absence of information from trained lawyers, the project is unaware of any involvement by trained pro bono lawyers in legal service provision. Participants in the evaluation noted that police, judges and human rights officers are not sensitized to the issues faced by PLHIV and key populations. Legal service provision in Jakarta is still growing and need to be strengthened. The provinces also experience a high demand for the services, but in the absence of sustained resources for the current project it is not realistic to expand the program outside of Jakarta. 3. Project management LBHM has efficient decision making, financial and administrative procedures. The project activities were conducted exactly according to the agreed time frame and the work plan. The project staff consists of the project manager, project assistant, lawyer and administrative staff. All staff members work part time on the project. They are all friendly and committed to their tasks, and they work together as a team. 4. Technical capacity The project manager is technically competent on handling HIV-related legal cases. He has presented the LBHM legal empowerment model in many international forums. His technical guidance could help improve the staff s technical know-how. 5. Monitoring LBHM is always prompt in preparing and submitting its quarterly program report and financial report to IDLO. IDLO s financial officer appreciated the extremely high quality of LBHM s financial reports. As a practice LBHM conducts weekly meetings to discuss all of its projects, including this one. However, overseeing paralegals is not necessarily a part of the LBHM supervision system. This is a gap that should be filled. 6. Sustainability The project period is too short and is not sufficient to establish proper legal services. There is no question that the legal services should continue, but there is no committed funding for continuation after the end of August 2011. During the review NAC indicated that it can help LBHM contact donors if LBHM prepares a comprehensive proposal. 8
RECOMMENDATIONS 1. Project design IDLO should consider the sustainability of country level initiatives at the design level of local projects. In particular, programs or initiatives for PLHIV and key populations should be sustained, as on-and-off service provision will not bring about change. 2. Project implementation and achievement of results i. Paralegals should receive more training and support Paralegals should be properly introduced to the community and the community should know what to expect from them. Their role should be specified clearly, according to their legal capacity and context. When selecting paralegals for training, LBHM should also consider candidates availability in changing situations. Adjustments in training would improve the paralegals capacity to fulfill their role. The project should take necessary measures to record paralegals activities in the field, including the legal services they provided to cases. In the evaluation LBHM suggested that each paralegal submit a bi-monthly report. ii. The project should establish a proper procedure for legal services The project should establish a proper procedure and protocols for providing legal services. There should be a procedure for maintaining confidentiality of the client and the case. A client consent form is one option. The procedures manual developed by IDLO for the Kunming, China project can be used as a guideline. The project or project lawyer should partner with paralegals when working on cases. iii. The project should first strengthen current legal service provision and then consider options for expanding the program to other provinces. Legal services can be made available to other provinces, while strengthening the current project, by: training NAC field staff in other provinces, using bar association lawyers in other provinces, and setting up a telephone hotline. iv. The project should sensitize lawyers, judges, police and human rights officers to the issues faced by key population and sexual minority groups. The project may take on public interest litigation to address some of these issues. 3. Project management The project should develop a supervision and feedback process for paralegals. 4. Technical capacity The project manager should provide technical mentorship and share his experience with the staff. 5. Monitoring The project should develop and introduce a data collection form for paralegals. It should be a simple form that is submitted to the project every two months, preferably during followup meetings. 9
6. Sustainability In the future IDLO should consider supporting projects if funding is available for 2-3 years for the pilot phase. It is waste of resources to establish legal services in a community, only to discontinue them after a short time. IDLO may support LBHM in developing proposals and contacting donors. LBHM will update the current proposal incorporating recommendations of the review and present it to NAC. NAC will then ask potential donors to support the project. 2. INTRODUCTION In 2009 IDLO commenced a three-year project, with support from the OPEC Fund for International Development (OFID) and other donors, to strengthen the enabling legal environment for the response to HIV in eight countries. Indonesia is one of the eight countries that are participating in the project. In early 2010 IDLO signed a sub-grant agreement with Lembaga Bantuan Hukum Masyarakat (LBHM) to collaborate on a legal services project for PLHIV and key populations. Under the sub-grant agreement IDLO provides financial and technical support to LBHM, which in turn implements the project. The project began in March 2010. It involves provision of legal services to address the legal issues faced by PLHIV and key affected populations, as well as building the capacity of pro bono lawyers, paralegals and community groups. The project was launched in October 2010. According to the monitoring and evaluation plan of IDLO s Health Law Program, mid-term and end-of-project evaluations are conducted in addition to ongoing monitoring activities. The final review of the Indonesia project was conducted in June 2011 as planned in the monitoring and evaluation plan. This report gives key information about the findings and recommendations of the project review. 3. PURPOSE OF THE REVIEW The purpose of this review is to assess the implementation of the project in the fifteen month period between March 2010 and June 2011. Specifically, the objectives of the review are to: 1. Identify what the project stake-holders achieved during the period to be reviewed; 2. Identify successes and gaps in achieving the project objectives; 10
3. Make recommendations for future planning The review has a human resource capacity building angle as well. The local implementing partner, organization staff and other stakeholders will benefit from the exposure and the opportunity to develop or improve their monitoring and evaluation skills. The expected result is that the local team will have the necessary skills and experience to lead future M&E activities in the country. 4. METHODOLOGY AND THE PROCESS The review followed a participatory approach from the outset. The review team was comprised of representatives from different stakeholders (staff, beneficiaries and NGO partners). Five representatives from different stakeholders were selected. Participants in the review team were drawn from the project staff; IDLO; the PLHIV network; key population groups; legal experts. A representative from a key population group (transgender) joined on the second day and the legal expert joined on the third day due to prior commitments. The team followed the following methodology for the review: 1. Document review: The team reviewed the Project proposal and annual plan, Client Protocol, environmental scan report, quarterly reports, training reports and other relevant documents 2. Data collection from different groups: The key informants of the FGDs (focus group discussions) (when and where possible) included implementers (project staff), beneficiaries (PLHIV who received legal services from the legal service, key populations, trained pro bono lawyers, trained civil society organizations members, etc), other service providers, PLHIV networks and others 3. Analysis of data (collectively) 4. Presentation of findings to LBHM for feed-back 5. Writing the report Communication with the review team began three weeks prior to the review. The purpose of this communication was to come to a common understanding about the review and to finalize the methodology. It was also important to reach a common understanding about the availability of review team members. The Terms of Reference (TOR) and related documents were sent to the review team. The copies of project documents were also sent to the review team in advance. On the first day the team met and discussed the process thoroughly. The team had a synergy and common understanding about the process, and everyone contributed equally and with a high level of commitment. The review team largely used Focus Group Discussions (FGD) together with other participatory approaches and tools as a data collection method. Sampling: The review team collected information from the project staff, beneficiaries of the project, other legal service providers in Indonesia, PLHIV networks, NAC, IDU community members, paralegals. An appropriate number of people from each group (according to the 11
size of the population) were taken as a sample. For the list of people contacted, see the Annex. OVERVIEW OF THE PROJECT IDLO selected Lembaga Bantuan Hukum Masyarakat (LBHM English translation: Community Legal Aid Center) as its local partner organization after considering LBHM s innovative approaches to legal empowerment and its experience in working with key populations. In late 2009 an IDLO consultant worked with LBHM to conduct a needs assessment on the legal needs of PLHIV and key populations. Based on the findings in the needs assessment, LBHM and the IDLO consultant developed the proposal for provision of legal services to PLHIV and key populations. The project design is based on LBHM s community legal empowerment model. In March 2010 IDLO signed a partnership agreement with LBHM to provide technical and financial support for the project. Project implementation commenced the same month. The goal, objectives and outputs of the project are; Goal To contribute to protecting and promoting the human rights of PLHIV and key populations and to improve their health outcomes. Objectives and outputs Objectives are the outcomes will achieve to move towards this goal over the next eighteen months. The outputs are the results obtained through the execution of activities to achieve the three objectives. Initial efforts and funding will be directed toward the achievement of Objective 1. Objective 1: PLHIV and key populations are empowered to claim their rights: Output 1.1 PLHIV and key populations knowledge about their HIV-related legal rights is developed or strengthened. Output 1.2 PLHIV and key populations capacity to assert their HIV-related legal rights is developed or strengthened. Output 1.3 Access to legal advice and casework by and for PLHIV and key populations is improved. Objective 2. Our advocacy for law and policy reform is focused and evidence-based and contributes to protecting and promoting the rights and health of PLHIV and key populations: Output 2.1 Analysis of PLHIV and key populations experiences in claiming their rights informs law and policy reform. Output 2.2 Advocacy Action Plan for law and policy reform is developed and effectively implemented. Objective 3. Our program is efficient, effective and sustainable: Output 3.1: Our people are supported to develop and contribute effectively to achieving program outcomes. 12
Output 3.2: Our community legal empowerment model is strengthened to support scaling up access to our and other HIV-Legal Programs. Output 3.3: Our financial resources are effectively utilized and funds are secured for scaling up our program. Beneficiaries The project will address both legal issues PLHIV face and legal issues that will contribute to reducing the vulnerability of key populations to HIV infection. It will work in partnerships with community-based organizations working with and involving: people living with HIV (PLHIV) people who inject drugs (IDU) sex workers and men who have sex with men (MSM), gay and transgender people (Waria) Geographical focus The project will focus on providing legal services and community legal empowerment to the abovementioned, four communities in Jakarta. Once trained, LBHM paralegal network will assist us to provide legal services and advice to greater numbers of people within these communities. Eventually, provincial partner organizations may assist us in reaching beyond Jakarta to train paralegals to provide legal services across Java. Advice and casework that address advocacy priorities will be given particular attention. We will take on public interest litigation in line with national advocacy priorities allowing us to advance our identified advocacy priorities. Our advocacy work will focus on specific national policy and law reform issues (See Objective 2). The project proposal included legal empowerment, legal service provision, capacity building of lawyers and paralegals, advocacy and sustainability of the project. Advocacy against stigma and discrimination, primarily at the policy level, was a major component. LBHM is well known for its skillful advocacy work regarding the human rights of marginalized communities and groups. However, due to the funding limitations, IDLO could not fund the advocacy component and asked LBHM to seek funding for these activities from other sources. FINDINGS 1. Project design The project was designed based on the needs assessment findings and LBHM legal empowerment model. IDLO supported the project for 18 months, a short period in terms of the model used for the project. The legal empowerment model includes building relationships with key population communities, providing legal education to communities and training community-based paralegals, all to empower people to defend their rights. This model depends upon longer time frames for creating sustainable legal empowerment. Follow-up at the community level is essential. Eighteen months is therefore a relatively short period, and the parties should have taken that into account from the beginning. 13
The project hosted two capacity-building events for lawyers and paralegals. Follow-up was not part of the design of either event. In the original project design, advocacy which is LBHM s specialty, was a major component. However, funding restrictions forced LBHM to prioritize its activities and advocacy was not funded as a result. The project proposal envisions a sustainable project with resource mobilization from other donors. So far such resources have not materialized. 2. Project implementation and achievement of results i. Strong relationship with communities The project has strong relationship with PLHIV and key population communities. Four LBHM staff members (who were not paid under this project) coordinate PLHIV, IDU, sex worker and transgender communities as part of LBHM s overall program. This project fits nicely with LBHM s regular programs for these communities. ii. The project accomplished its main undertakings The project trained 18 pro bono lawyers from Jakarta and East Java on 18 and 19 May 2010. Setyo Warsono, Julie Hamblin, Yoseph Adi Prasetyo and Taufik Basari facilitated the workshops. The project also trained 20 paralegals from PLHIV, drug user, sex worker and transgender communities. The workshops were conducted successfully. Legal services are now provided to different key population communities. The monthly newsletter HAM dan HIV (HIV and rights) has been produced as planned. iii. Follow up has not been conducted LBHM does not have information about the activities of the pro bono lawyers that it trained. They have not had any follow-up from LBHM. Training of pro bono lawyers is an investment and should garner a return, namely the provision of legal services to PLHIV and key populations. The project should have information about pro bono lawyers activism and should provide the lawyers with follow-up support. Follow-up support has not been provided to paralegals. Paralegals are expected to handle cases at the field level after the training, without follow-up training, planned meetings or funding to upgrade their skills over time. Paralegals need follow up, regular coordination and strong communication if they are to fulfill their role in the project. These needs must be taken in to consideration in future initiatives. iv. Paralegals are a valuable resource but need more support Paralegals come from within communities and they bridge the gaps between communities and the project. Their role is critical in the legal empowerment model. Eight paralegals out of twenty are available and active at the present time. The other twelve are not available and active for various reasons, including full-time employment. Most paralegals are unemployed or work part-time. When they get full-time jobs they tend to cease their paralegal work. One paralegal, who is really empowered, participated in the review team as member. 14
Trained paralegals have supported some clients regarding their legal issues, although there are no records to that effect. After their training paralegals are expected to perform many tasks normally performed by a lawyer such as legal advice to clients and representation in police stations. Corruption is a problem in Indonesian law enforcement, and particularly in the police force. Some paralegals reported that if they cannot convince the police to release a client, they bribe the police. This does not advance community empowerment or reduce discrimination. It must also be kept in mind that paralegals are individuals working in the field and are not able to eliminate discrimination on their own. v. Legal services are being provided The project provided legal assistance in 31 cases, of which 26 are drug-related. There are about 5 cases related to people infected and affected by HIV. These cases have been directly handled by the project. Cases or issues directly handled by paralegals are not included in these statistics. When the review team met with communities, the team realized that there are many HIV related legal issues faced by communities which have not been referred to the project by paralegals or have not yet been addressed by the project. One client expressed dissatisfaction with the long wait (4 months) for resolution of his case and with the difficulty in contacting LBHM staff, even over the phone. Clients trust the project legal service because they trust the paralegals. As a result, a client confidentiality maintenance procedure has not yet been established. The review also revealed that, due to the dearth of information from trained lawyers, the project is not aware of any involvement of trained pro bono lawyers in legal service. Review participants noted that police, judges and human rights officers are not sensitized to the issues faced by PLHIV and key populations. In Jakarta there is a high incidence of police harassment of key populations and sexual minorities. The project needs to work with other stakeholders to address these issues. Public Interest Litigation (LTI) may be needed to address some of the issues. The project lawyer needs to work with paralegals, police, human rights movements on the issues most commonly faced by communities. During the review some parties suggested that the project services should be expanded to other provinces in Indonesia. The need for such services is high in many areas of the country, but legal service in Jakarta is still growing and needs to be strengthened. In the absence of sustained resources for the current project, expanding the program to other provinces is not a priority. 3. Project management One advantage of selecting LBHM to implement the project is that, as an NGO, it has both strong relationships with community groups and flexibility in its working conditions. LBHM also boasts efficient decision making, financial and administrative procedures. It conducted the project activities precisely according to the agreed time frame and the work plan. The project staff consists of the project manager, project assistant, lawyer and administrative staff. All these staff members work part time with the project. The project 15
manager and project assistant are both lawyers, and the project manager is a well-known human rights activist with extensive experience in dealing with stigma and discrimination issues faced by PLHIV and key populations. Four of LBHM s staff members are law students at the university and have the responsibility of coordinating four community groups: transgender, PLHIV, IDU and sex workers. They each have a thorough understanding of the community group they coordinate. Every member of LBHM s staff is friendly and committed to the work. They work well together as a team. 4. Technical capacity The project manager is technically competent in handling HIV-related legal cases. He has been presenting LBHM s legal empowerment model in many international forums. As a whole LBHM staff are thoroughly aware about stigma and discrimination issues faced by PLHIV and key populations, but they struggle with the practical aspects of addressing issues. The project manager s technical guidance would help improve the staff s technical know-how. LBHM submitted abstracts to the ICAAP 2011 conference with technical support from IDLO, and the abstracts were accepted. The project manager and the project assistant will make presentations in Busan, South Korea on legal services. These events will enrich LBHM s sources of technical expertise. 5. Monitoring LBHM is very prompt in preparing and submitting its quarterly program report and financial report to IDLO. IDLO s finance officer appreciated the extremely high quality of LBHM s financial reports. As a practice LBHM conducts weekly meetings and discusses all of its projects, including this one. The current system does not include supervision of paralegals, which explains why paralegals work is not recorded and why paralegals do not receive technical inputs or feedback. 6. Sustainability The project period is relatively short and is not sufficient to establish legal services properly. The 18 month project period was determined based on the availability of donor funding. Realistically, it takes 2 to 3 months to initiate a project, then another 2 to 3 months to begin providing legal services. In this case the initial work took more time, as the project followed a community empowerment model that includes legal education. Therefore, at the time of the review legal services have been provided for less than 10 months. This time frame is entirely insufficient. There is no question that the legal services should continue, but there is no commitment for funding after the end of August 2011. During the review NAC indicated that it can help LBHM contact donors if LBHM prepares a comprehensive proposal. This is a generous offer 16
from the government. The project s failure to concentrate on resource mobilization at an early stage (as mentioned in the proposal) means that there may be a gap in service after August 2011. LBHM now has an opportunity to work with different stakeholders to mobilize resources and avoid a delay. LBHM staff mentioned that existing paralegals would continue to take part in LBHM s regular programs even after the project period ends. RECOMMENDATIONS 1. Project design IDLO should consider the sustainability of country-level initiatives at the design level of local projects. In particular, programs or initiatives for PLHIV and key populations should be sustained. On-and-off service provision is not very effective in bringing about change. 2. Project implementation and achievement of results i. Paralegals should receive more support Paralegals should be properly introduced to the community. The community should understand the role that their legal capacity and the context permit them to perform. They should be tasked with identifying legal issues in their communities, providing basic legal information and referring cases to the project lawyer for legal assistance. When assigning tasks to paralegals, it should be remembered that they are volunteers. They cannot be expected to perform lawyers tasks like providing legal advice and representing individuals in police stations or courts. IDLO s experiences with similar projects in other countries has shown that lawyers have a fairly high rate of success when advocating on behalf of clients in police stations or courts. The project should consider assigning lawyers to perform these tasks. When selecting paralegals for training, LBHM should also consider candidates availability in changing situations. A certain percentage of dropouts is normal, but 80% is excessive. The project should attempt to minimize the dropout rate by developing selection criteria for paralegal training. The training can be conducted differently in order to improve the paralegals capacity for absorbing information. For example, if the training is conducted in two sessions with one or two months gap in between, the paralegals arrive at the second session with practical experience. Paralegals reported that they have given legal support to community members, but the project has no record of their involvement. The project should take necessary measures to record paralegals activities in the field, including the legal support they provide to the project s cases. It is difficult for paralegals to create such records but the project may be able to develop a system such as recording paralegals support activities during a monthly follow-up meeting. In the evaluation it was suggested that paralegals submit a bi-monthly report. 17
ii. A proper procedure for legal services should be established The project should establish proper procedures and protocols for legal service provision. Paralegals may be the first point of contact with communities and are well-positioned to identify potential cases. If a matter is HIV-related (screening) the paralegals should refer the case to the project lawyer. If it is related to police the paralegals should work with the project lawyer to address the issue. When a case is referred from the field, the project lawyer should take the necessary steps, according to the established procedures, in a reasonable amount of time. In particular, project staff should be responsive to phone calls from clients. There should be a procedure, such as a client consent form, to maintain confidentiality of the client and the case. The procedures manual developed by the IDLOsupported project in Kunming, China may guide the development of procedures. The project and project lawyer should collaborate on cases with paralegals. Due to the volume and gravity of legal matters faced by key populations in Indonesia, the lawyers play a vital role. Trained pro bono lawyers should also be involved in supporting clients. The project should have a mechanism to record lawyers support activities, possibly as part of follow-up procedures. iii. The project should first strengthen the current legal services project and then consider options to expand the program to other provinces. Potential ways to make legal services available in other provinces while strengthening the current project are; Training NAC field staff in provinces (NAC has already indicated its willingness to assist with this task) Use of bar association lawyers in other provinces Use of a telephone hotline iv. The project should sensitize lawyers, judges, police and human rights officers to key population and sexual minority group issues. The project may take on some public interest litigation to address some of these issues. LBHM reported that in Indonesia, jurisprudence is not binding on future cases. This will be a disadvantage for HIV related legal cases. Alternative Dispute Resolution (ADR) is popular in Indonesia and would be an effective tool in addressing many HIV related legal cases. 3. Project management The project should develop a supervision and feedback process for paralegals. 4. Technical capacity The project manager should offer to teach the staff technical skills and share his experience with them. 5. Monitoring The project should develop and introduce a data collection form for paralegals. This should be a simple form which would be submitted to the project every two months, preferably during follow up meetings. 18
6. Sustainability In the future IDLO should consider supporting projects only if funding for the pilot phase is available for 2 to 3 years. It is waste of resources to establish legal services for communities only to discontinue them a short time later. IDLO may support LBHM in its efforts to develop funding proposals and contact potential donors. LBHM will update the current proposal incorporating recommendations of the review and present it to NAC. NAC will ask some potential donors to support the project. 19
ANNEX 1 - GENERAL TERMS OF REFERENCE (TOR) Proposed dates: 4-8 July 2011 Type of the review: Participatory joint review Facilitator: Asela Kalugampitiya, IDLO Introduction IDLO implements a three-year project with financial support from OFID to implement HIV specific legal services in eight developing countries. Indonesia is one of the eight countries supported under this initiative. IDLO identified Lembega Bantuan Hukum Masyarakat (LBHM) as the local partner and provided technical support through a consultant to conduct the needs assessment and develop the proposal. The project was launched on 1 st March 2010 by LBHM, with financial and technical support from IDLO. The project is comprised of a community legal empowerment component, legal services to PLHIV and other key populations, capacity-building for pro bono lawyers and peer counselors, and the establishment of a network of different stake-holders. IDLO s legal officer Naomi Burke-Shyne was based in Jakarta from the beginning of the project to support its implementation while coordinating projects in a few other countries. The project aims to achieve the following deliverables (extracts from the proposal): Goal To contribute to protecting and promoting the human rights of PLHIV and key populations and to improve their health outcomes. Objectives and outputs Our objectives are the outcomes we will achieve to move towards this goal over the next eighteen months. The outputs are the results obtained through the execution of activities to achieve the three objectives. Initial efforts and funding will be directed toward the achievement of Objective 1. Objective 1: PLHIV and key populations are empowered to claim their rights: Output 1.1 PLHIV and key populations knowledge about their HIV-related legal rights is developed or strengthened. Output 1.2 PLHIV and key populations capacity to claim HIV-related legal rights is developed or strengthened. Output 1.3 Access to legal advice and casework by and for PLHIV and key populations is improved. Objective 2. Our advocacy for law and policy reform is focused, evidenced based and contributes to protecting and promoting the rights and health of PLHIV and key populations: Output 2.1 Analysis of PLHIV and key populations experiences in claiming their rights informs law and policy reform. 20
Output 2.2 Advocacy Action Plan for law and policy reform is developed and effectively implemented. Objective 3. Our program is efficient, effective and sustainable: Output 3.1: Our people are supported to develop and contribute effectively to achieving program outcomes. Output 3.2: Our community legal empowerment model is strengthened to support scaling up access to our and other HIV-Legal Programs. Output 3.3: Our financial resources are effectively utilized and funds are secured for scaling up our program. Population focus We will address both legal issues PLHIV face and legal issues that will contribute to reducing the vulnerability of key populations to HIV infection. We will work in partnerships with community-based organizations working with and involving: people living with HIV (PLHIV) people who inject drugs (IDU) sex workers and men who have sex with men (MSM), gay and transgender people (Waria). Geographical focus We will focus on providing legal services 1 and community legal empowerment to the abovementioned, four communities in Jakarta. Once trained, our paralegal network will assist us to provide legal services and advice to greater numbers of people within these communities. Eventually, provincial partner organizations may assist us in reaching beyond Jakarta to train paralegals to provide legal services across Java. Advice and casework that address advocacy priorities will be given particular attention. We will take on public interest litigation in line with national advocacy priorities allowing us to advance our identified advocacy priorities. Our advocacy work will focus on specific national policy and law reform issues (See Objective 2). The pilot phase of the project will be implemented through August 2011, where the continuation should be linked to carry on the initiative if still applicable. The project developed a monitoring and evaluation plan along with the project design. The M&E plan includes a mid-term review and an evaluation at the end of the first phase. The mid-term review was planned for 14-18 February 2011 but had to be postponed due to difficulty in obtaining a visa for the lead evaluator. The review was rescheduled for 4-8 July, which is the time for final review of the project. The purpose of final review is to assess progress made during the project period and make recommendations for the future planning and implementation. A key challenge is lack of guaranteed funding beyond August 2011. Therefore, the review will include a strong 1 Including casework and court representation. 21
emphasis on considerations relevant to sustaining the project in future years. Objectives of the review: To identify what the project stake-holders achieved during the period to be reviewed 1. To identify what worked and gaps in achieving the project objectives 2. To make recommendations for the future Deliverables by the evaluation team: 1. A review plan submitted two weeks prior to the review exercise 2. A report on findings and recommendations 3. A plan to guide the project staff to implement recommendations Methodology: The review follows a participatory approach from the outset. The review team will be comprised of representation from all levels of stake-holders. There will be six team members who will contribute to the review process. The team follows the following methodology for the review: 1. Document review Project proposal/ annual plans Policies and procedures for legal services Environmental scan report Quarterly reports Training reports Other 2. Data collection from different groups: Implementers (LBHM) Beneficiaries (PLHIV/ key populations who received legal services from the legal aid center, trained pro bono lawyers, trained counselors etc) Other similar service providers Government of Indonesia (eg. National HIV/AIDS Program, Ministry of Justice) Other (Bar association etc) Data collection will be done through focus group discussions when and where possible. 3. Analysis of data/ findings, recommendations 4. Presentation to the stakeholders on the last day of field work 5. Writing the report The review team begins communication at least two weeks prior to the review start date. In particular, sharing of the objectives of the review (to come to a common understanding about the review) and finalization of the methodology is important during this period. It is also important to reach a common understanding about the availability of review team members. The review team will largely use focus group discussions (FGD) and other participatory approaches and tools as a data collection method. Sampling: The review team needs to collect information from the legal center staff, beneficiaries of the project, other legal service providers in Jakarta, the government of Indonesia (National HIV/AIDS Program, Ministry of Justice), PLHIV networks, LBHM, IDLO, 22
and technical advisors. An appropriate number of people from each group (according to the size of the population) should be taken as a sample. Focus issues: Has the project been effective in achieving its intended results? What lessons have been learned? What steps can be taken to improve the project s prospects of sustainability? Detailed review questions: 1. Project design: 1.1 How was the project designed? 1.2 Should the project design be adjusted to reflect new information about needs and work to be done to achieve intended results? 1.3 Are the objectives still relevant and valid, or should they change to reflect changing contexts? 2. Project implementation and achievement of results: 2.1 Is the legal aid project appropriately established in terms of accessibility and availability? 2.1.1 Has the project addressed gender factors in its work? 2.2 Has the project achieved intended outputs and outcomes during the review period? (Taking into account data on the type and number of issues received? types of legal services provided? areas to be improved?) 2.3 Has the project made efficient use of available resources, and what steps could be taken to improve efficiency in future? 2.4 Is the project reaching populations most in need of HIV-related legal assistance and support? 2.4.1 Has the project addressed/promoted participation of people living with HIV and most-at-risk populations in its work? 2.5 What lessons can be learnt from client demographic and satisfaction data, and feedback from beneficiaries about the nature and quality of services provided? 3. Project management: 3.1 Has the management structure and management approach of the project been effective in achieving its targets? 3.2 How supportive was LBHM internal policies, guidelines and support staff in implementation of the project. 3.3 What adjustments should be made to internal management in order to improve the project s effectiveness in achieving its objectives? 4. Technical capacity: 4.1 Do the project s staff have sufficient knowledge on HIV related legal services? 4.2 Do the project s staff receive sufficient technical inputs? 4.3 What are the future needs to improve the technical capacity? 5. Monitoring: 5.1 What are the regular monitoring and reporting measures? 5.2 Are the regular monitoring/ reporting measures workable and practical? 6. Sustainability: 6.1 What is the project s relative advantage, compared to other service providers? 23
6.2 What lessons have been learnt that can inform steps to be taken to support the project s sustainability (such as seeking contributions from domestic funding sources in future years)? Appropriate questions from the above list will be selected and directed to relevant audience. Composition of the review team: IDLO Representative LBHM representative One community worker Representative from community/ key populations/ a beneficiary Representative from a stake-holder group/ other service providers Other (from Government, health authorities, legal authorities) Time frame The review is conducted during the week of 4 th July 2011 in Jakarta, Indonesia by the team mentioned above. A draft review concept note to be available by 31 st May to be shared with LBHM The review team to be nominated and will have confirmed their participation by 10 th June Initial information to be sent to the review team by 10 th June Relevant documents to be sent to team members by 20 th June A draft meeting schedule to be shared with LBHM and IDLO by 20 th June A finalized meeting schedule to be sent to team members by 27 th June Review from 4 th 8 th July 1 st day morning Review team meets and finalizes the schedule 1 st day afternoon Review team goes through reports and documents Meeting with the project staff 2 nd day data collection from beneficiaries (FGD) 3 rd day morning data collection from beneficiaries (pro bono lawyers, peer counselors, etc.) data collection from government, PLHIV networks 3 rd day afternoon data collection from other service providers 4 th day morning data collection from LBHM, meeting with bar association, analysis of information 5 th Day key findings/ presentation of draft findings to LBHM Draft report is due by end of 31 st July Comments from IDLO, LBHM by 15 th August Final report is due by 15 th September Outline of the report The final report of the review should be a short (maximum 20 pages) but comprehensive document with necessary key points as outlined below. It should spell out follow-up actions to be implemented by the project. 1. Introduction (1/2 page) 2. Executive summary (1 page) 3. Purpose of the review (1 page) 4. Methodology (1 page) 5. Findings (up to 6 pages) 6. Recommendations/ follow-up actions (2-3 pages) 7. Annexes as needed (2-3 pages) Other: English/ Bahasa translation is required throughout the review process. 24