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J UV E NI L E J US TI C E PR O J EC T - CI C AF G HA NI S TA N , M I D T E RM R E VI E W , J A N 16

Safer Children, Safer Communities: Putting the


Juvenile Code into Practice
Mid Term Review

Children in Crisis

January 2016

Report by: Sarah Rowse, Director of Programmes

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J UV E NI L E J US TI C E PR O J EC T - CI C AF G HA NI S TA N , M I D T E RM R E VI E W , J A N 16

Table of Contents:

Glossary

1. Introduction

2. Methodology

3. Key findings and recommendations

4. Project Background

5. Change over time before and after

6. Findings from focus group discussions with juveniles

7. Progress against Project Objectives

8. Broader issues impacting progress against objectives

9. Conclusion and next step considerations

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Glossary:

CiC: Children in Crisis

CiC AFG: Children in Crisis Afghanistan

CPAN: Child Protection Action Network

FGD: Focus Group Discussion

INL: International Narcotics and Law Enforcement Affairs

JRC: Juvenile Rehabilitation Centre

KIIs: Key Informant Interviews

KPI: Key Performance Indicator

LoA: Letter of Agreement

MTR: Mid Term Review

MoLSAMD: Ministry of Labour and Social Affairs, Martyrs and Disabled

MoRRD: Ministry of Rural Rehabilitation and Development

SIRs: Social Inquiry Reports

SWs: Social Workers

SWMs: Social Work Mentors

SWM/CW: Social Work Mentor/Community Worker

UNAMA: United Nations Assistance Mission in Afghanistan

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1 Introduction

A Mid Term Review (MTR) of the INL funded project Safer Children, Safer Communities: Putting the
Juvenile Code into Practice was conducted over one week in Kabul, from 23 29 January 2016.

Since April 2014 this three year project has worked to help develop a child-centred, rights-based
juvenile justice system in Kabul. A justice system which ensures that children in conflict with the law
are diverted to more productive, peaceful livelihoods. The MTR was undertaken towards the end of
the second year of the project. It was conducted internally, by Sarah Rowse, Children in Crisis
Director of Programmes, and precedes the commissioning of an independent final evaluation which
will take place in the final year of the project.

The internal MTR was not a condition of grant; nevertheless, Children in Crisis (CiC) regarded it as an
important undertaking in order to capture critical learning on the progress the project has thus far
made towards improving the situation for juveniles in conflict with the law in Kabul.

Ostensibly, the MTR assessed the extent to which the project is on track against the four principal
objectives:

Objective 1: The Open Juvenile Rehabilitation Centre (Open JRC) in Kabul is more utilized so
that by its end, 50 children each year are serving their sentence in the Open JRC as a result
of this project.
Objective 2: The number of pre-trial juveniles released to their parents custody has
increased by 50%.
Objective 3: The number of juveniles sentenced to Alternatives to Detention has increased
by 40% by the end of the project.
Objective 4: The Open and Closed Juvenile Rehabilitation Centre in Kabul (hereafter referred
to as the JRC) is better able to rehabilitate juvenile offenders so they can transition to more
productive lives.

It captures the significant achievements and critical challenges against each objective, and makes
key recommendations for the final year of the project that have been developed jointly with the
Project Team. The recommendations reflect many of the priorities also raised during the MTR by INL
and other key stakeholders interviewed during the week.

The report concludes with broad next step considerations based on gaps and anticipated priorities
post project completion (April 2017).

Thanks are extended to all those who took part in the MTR.

2 Methodology

The methodology for the MTR comprised:

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1. Desk review of project documents project proposal, quarter reports, Juvenile Code, Letter
of agreement (LoA).
2. Structured meetings with the Project Management team using the Monitoring and
Evaluation Framework as the basis for formal progress review.
3. Key Informant Interviews (KIIs) with external stakeholders using a series of pre-determined
questions. Questions differed, according to stakeholder.
4. Semi-structured group interviews with juveniles at the JRC (Open and Closed) that sought
to capture information on: individual circumstances prior to detention; experiences of
detention; perceptions of the impact of detention post-release (including ability to return to
school, acceptance by family, friends, communities).
5. Focus Group Discussions (FGDs) with different members of the Project Team, namely: i) the
Social Work Mentors (SWMs); ii) Teachers; and iii) Community Workers. Note: the SWMs are
senior members of the project team, whose experience at the JRC and in Juvenile Justice
extends beyond the INL project. FGDs with SWMs provided an excellent opportunity to
capture change over recent years (2013 to now) in the situation of children in conflict with
the law (see section 5).
6. Literature review

3 Key Achievements and Recommendations

3.1 Achievements
- The level of advocacy being undertaken by this project is impressive. Meetings are being
sought at the highest level to bring critical issues to the attention of respective Ministries
and among Juvenile Justice Professionals (Judges, Prosecutors).
- In spite of inevitable frustrations in dealing with Ministries, the advocacy strategy being
employed by the project is clear and correctly focussed on securing Ministry commitments
for the long term sustainability of the project (e.g. driver salaries, increased number of
Ministry of Labour and Social Affairs, Martyrs and Disabled (MoLSAMD) Social Workers
(SWs) assigned to the JRC, adequate resourcing of SWs).
- Alongside the various advocacy efforts, the project is also clearly driven by the goal to create
a child-centred, rights-based juvenile justice system in Kabul. Project staff are impressively
driven yet still pragmatic in their approach to realising the rights of juveniles in conflict with
the law. They are realistic about the time it takes to secure Ministry commitments and/or
embed change, and have pursued alternative, effective strategies in the meantime.
- By way of example: when the project started (April 14), the Ministry of Education were
failing to provide an adequate level of educational services for juveniles at the Open and
Closed JRC. The issue of teacher absence was pronounced; the quality of lessons being
delivered was poor; classes failed to respond to individual learning needs of juveniles. CiC
has been proactive in its response hiring an additional two full time teachers, renovating
the education centre, providing staff training in positive discipline, introducing individual
learning plans/assessments for juveniles at the same time as continuing to lobby the
Ministry of Education to fulfil their responsibilities.

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- This persistence led to an advocacy breakthrough (Jul - Sep 15) when agreement was
reached with a local secondary school for teachers to deliver education services at the JRC.
- The project has transformed the education and learning environment for juveniles at the
Open JRC improving their chances of rehabilitation/reintegration and leading to increased
confidence among Judges to sentence to the Open JRC (as opposed to incarceration).
- Utilisation of the Open JRC is steadily increasing, up by 32.2% in 2015.
- Social Inquiry Reports (SIRs) which capture vital information on the childs case, family
background and circumstances leading to arrest - are now being consistently completed and
demanded by Judges. As was noted by Judge Freshta from the Appeals court (p 9 Yr 2 Q3
Report) all cases received to the court this year have included SIRs a great achievement by
the SWs and those organisations supporting Social Workers.
- Community Workers are playing a vital role in mediation helping to reduce the number of
cases of juveniles in conflict with the law from reaching the Juvenile Justice system in the
first place. Since April 2015, when mediation activities began, 134 cases have been
resolved this way.
- The Project Team are, by all accounts, highly regarded at the JRC. The assistance and support
being provided under this Project is viewed as invaluable among beneficiaries and
stakeholder groups alike (juveniles from the JRC, the National Director and Director of the
JRC, Judges from the Primary Court, collaborating INGOs).

3.2 Recommendations

3.2.1 Evidence based data and analysis on juvenile rehabilitation and rates of recidivism
- The importance of post-release reintegration and follow-up was referenced a number of
times throughout the MTR as positively effecting the behaviour of juveniles and mitigating
the risk of repeat offending. As yet, there is no evidence to back this.
- In 2016/17, it is recommended that:
a) The number of follow-up visits juveniles receive post-release increase from
three to six over a period of 12 (as opposed to six) months.
b) Data findings from the follow-up visits are analysed to assess the effect (positive
or otherwise) of reintegration and follow-up visits on juvenile rehabilitation.
c) Monitoring of all juveniles released from the JRC (Open and Closed) is carried
out by CiC (one month, three months, six months and 12 months after release),
enabling the project to capture a body of comparable data on juveniles from the
Open and Closed JRC.
(Note: the above is budget-dependent and would inevitably require additional
budget and human resource input, requiring further discussions with INL).

3.2.2 Community Workers remuneration and training


- Community Workers are proving to be an important and valuable asset whose
responsibilities include mediation, family liaison and reintegration. The extent to which the
Community Workers can be called upon to take on more responsibilities is currently
constrained by the low monthly remuneration ($50 pp/pm). In addition, the caseload and
demands on Community Workers time varies depending on which District they are from,

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with some of the more populous Districts of Kabul (for example) having far higher recorded
cases of juveniles in conflict with the law. Thus, some Community Workers are more active
than others.
- In 2016/17, it is recommended that:
a) The monthly remuneration for Community Workers located in Districts with
higher caseloads is increased (rate to be determined by the Project
Management Team in agreement with INL) and is accompanied by a Terms of
Reference setting out the expected roles and responsibilities.
b) Community Workers receive further training and support in mediation, family
liaison, and conflict resolution.

3.2.3 Additional activities at the JRC to support psychosocial well-being of juveniles


- There is broad agreement that the education and recreational facilities at the Open JRC have
been much improved by project inputs, and that vocational classes are (generally speaking)
appropriate and apt. Nevertheless, requests were made from a range of stakeholders to
consider running additional, complementary activities for juveniles at the JRC (Open and
Closed) to support their psychosocial wellbeing and emotional health.
- In 2016/17, it is recommended that:
a) Activities in conflict mitigation, resolution and anger management are
introduced.

3.2.4 Further Child Protection training for Police


- Based on MTR findings, issues pertaining to the ill-treatment of children in conflict with the
law by the Police still appear to persist.
- Advocacy with the Ministry of Interior to allow a SW within the Kabul Central Police Juvenile
Investigation Unit a measure which is intended to improve police behaviour and treatment
of juveniles in police custody - will continue in 2016, with a view to identifying solutions to
issues raised by the Unit i.e. lack of space to accommodate an appointed SW.
- In addition and in recognition of the relatively high numbers of new Police recruits entering
the force, in 2016/17, it is recommended that:
a) Child Protection Training of Police recruits and cadets is delivered in Kabul.

3.2.5 New approaches to tackling the issue of high rates of pre-trial detention
- As findings from the MTR highlight, the issue of pre-trial detention remains pronounced.
According to United Nations Assistance Mission in Afghanistan (UNAMA) data (which
remains the only official data) extrapolated for Kabul, there is a staggering 90% level of pre-
trial detention at Kabul JRC. Even taking into account data inaccuracies, the issue of high
levels of pre-trial detention is clear and concurs with findings from the MTR.
- As is discussed in more detail in the main body of this report, this contravenes childrens
rights under the Juvenile Code.
- In 2016/17, it is recommended that:
a) Two SWMs be reallocated away from completion of SIRs and solely work on the
issue of reducing pre-trial detention:

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Providing an increased level of support/assistance to families to navigate the


custody release process.
Presenting a case for pre-trial sentencing to the Open JRC.
Assisting and facilitating the Programme Manager with a Cost Benefit
Analysis.
b) A Cost Benefit Analysis is undertaken by the project to present to the Ministry of
Justice that shows the costs of pre-trial detention of juveniles at the JRC. Note: such
a recommendation gained strong endorsement from UNAMA during a meeting to
gather and triangulate data with the MTR data findings. Further discussions with INL
to consider the benefits of undertaking a Cost Benefit Analysis will be necessary and
valuable.

3.2.6 Alternatives to Detention


- Recent advocacy with the Ministry of Rural Rehabilitation and Development (MoRRD) aims
to result in community service orders becoming a viable Alternative to Detention for Judges
to consider.
- In 2016/17, it is recommended that:
a) A Key Performance Indicator (KPI) on advocacy relating to Community Service
Sentencing is added to the Monitoring and Evaluation Framework.

4 Project Background

Children in Crisis in Afghanistan have worked in and around the Juvenile Justice sector for seven
years. This initially grew out of a long running Social Worker Mentoring project funded by UNICEF
that had specific connections to children in conflict with the law. The work of Children in Crisis in
Juvenile Justice can therefore be described as emitting from Social Work and are fundamentally child
protection based activities.

At the point of application to the US State Department (FY13/14), the problem this project sought to
address was the dire situation confronting children in conflict with the law in Afghanistan.

Although justice and the rule of law was (and still remains) a key pillar of the development agenda in
Afghanistan, Juvenile Justice was a very low priority.

The Juvenile Code - a powerful piece of legislation aiming to ensure that children in conflict with the
law in Afghanistan have their rights realised - was not being followed in practice. There was a
pronounced lack of awareness and understanding of the Juvenile Code and of Alternatives to
Detention among Juvenile Justice Professionals (Judges, Prosecutors), SWs, the Police and across
communities.

The Kabul JRC was not fulfilling its corrective role but warehousing pre and post-trial juveniles in
overcrowded, sub-standard accommodation. This overcrowding led to a riot in March 2011 during
which there was one fatality and two serious injuries. It was a violent and intimidating environment.

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In 2008 a Letter of Agreement (LoA) was signed between the Ministry of Interior, The Attorney
Generals Office, MoLSAMD and the Child Protection Action Network (CPAN). The objective of the
LoA was to facilitate implementation of the Juvenile Code but it did not include all Juvenile Justice
Actors. Following extensive advocacy by both CiC and UNICEF, the LoA was updated in 2010 to also
include the Ministry of Justice, the Ministry of Education and the Supreme Court. This LoA aimed to
ensure the central role of Social Workers within Juvenile Justice as detailed within the Juvenile Code.

The Open JRC in Kabul, constructed in 2004 with the intention of being used as a corrective,
rehabilitative facility for juveniles convicted of minor crimes, was under-utilised and ineffective.

From January 2014 to July 2015, the Justice for Juveniles in Kabul and Ghazni project began, with
funding through a small grants package directly from the US Embassy in Kabul. Through this project,
CiC provided Social Worker mentoring (capacity building) to government Social Workers and also
supported the JRC in Kabul and Ghazni to better rehabilitate and reintegrate juveniles.

From January 2015, the Kabul component of the aforementioned project was incorporated into the
Safer Children, Safer Communities: Putting the Juvenile Code into Practice project, that is the
subject of this MTR. It began in April 2014 and will run for three years, funded by the US State
Department centrally in Washington through the Bureau of International Narcotics and Law
Enforcement (INL).

The project aims to ensure implementation of the LoA, thus creating a child-focussed Juvenile Justice
system; respect for the rights of children; and recognition of Social Workers as key agents of change
for childrens rehabilitation. It takes a holistic approach to improving the Juvenile Justice system
working directly with children and within communities and undertaking high level advocacy with the
LoA signatory Ministries to ensure implementation of the LoA and realisation of the Juvenile Code.

5 Change over time before and after

In addition to the Project Manager and teaching staff1, the project employs six senior Social Work
Mentors (SWMs) who have extensive experience of the Juvenile Justice Sector and of child rights
and child protection cases2. Four of the six have a working knowledge of Kabul JRC, stretching back
to before the project began (April 2014) and in two cases, as far back as 2010.

During the FGD, their reflections on the situation for juveniles in conflict with the law in 2013,
compared to now (January 2016), were both illuminating and encouraging. They point to system-

1
The Project Manager heads the team and undertakes the many advocacy related responsibilities, with
support from the CIC AFG Country Director and CiC UK-based Programme Manager. 3 x Teachers are employed
to deliver English, IT and Art Classes. Since April 2015 (following an INL approved budget realignment), an
Education Team Leader and 2 x additional teachers have been hired to deliver Literacy and mixed (curriculum
based) classes.
2
Day to day responsibilities of SWMs include: conducting SIRs (which include home visits and collating case
reports for Judges and Prosecutors); capacity support and training of Government SWs as well as of the
Community Workers; monitoring the welfare of juveniles at the JRC (Open and Closed); advocating on behalf
of, and supporting the successful reintegration of juveniles post- release (through family visits, school,
workplace and community-based advocacy).

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wide improvements across the Juvenile Justice sector and evidence the specific contributions this
project is making, most notably in support of the rights and well-being of juveniles in conflict with
the law.

As the then and now descriptions given in the table below indicate, SWMs observed significantly
improved practices and treatment of juveniles in conflict with the law; and greater understanding of
and adherence to the Juvenile Justice Code by justice sector professionals both important
objectives of this project.

Situation in 2013 Situation now (January 2016)


(for a juvenile arrested for petty theft) (for a juvenile arrested for petty theft)
Not uncommon for a juvenile to be Improved behaviour of police towards
beaten by police at the point of arrest. the juvenile at the point of arrest
No family contact at the point of arrest (*though still far from exemplary
Detention in Police custody for up 5 days interviews with juveniles inferred that
(in contravention with the JJC). police violence and threatening
No contact with a SW. behaviour is still occurring).
No attempt at mediation or Alternatives At the point of arrest, it is far more
to Detention even the most minor common for the Police to contact the
suspected crimes would be immediately Wakil, SW, Community Worker or the
pursued by the police. family.
Overt corruption by police money in Families are asked to provide a
exchange for release. guarantee.
Only a very few SIRs were completed at No case is referred to the Court without
this time; those that were completed, a completed SIR.
werent computerised; Judges and The Prosecutions case before the judge
Prosecutors were reluctant to accept. is informed by the SIR.
Lengthy investigation process by Investigation process by the Prosecutors
Prosecutors (more than three weeks). much shorter (1 week to 10 days)
Delays in the decision by the courts all Alternatives to Detention were never
the while, juveniles still in detention. previously considered by the
Severe lack of space for juveniles in the Judges/Prosecutors; now they are.
JRC. Uptake of the Open JRC many more
Lack of education or recreation facilities juveniles now sentenced to the Open
for juveniles at the JRC; educational JRC.
services that were being delivered were Judges far more positive about
irregular, low quality and under- sentencing to the Open JRC seen as a
resourced. viable alternative to incarceration.
Highly ill-disciplined, anti-social Significantly improved behaviour of
behaviour among juveniles at the JRC juveniles at the JRC.
illicit dealing, smoking and drug taking; Much improved education and
fights and violence. recreation facilities (at the Open and
Very few juveniles at the Open JRC (due Closed JRC).
to no transport and lack of confidence in Post release follow-up of juveniles and
the Open JRC). their families supports the educational,
No coordination between the LoA economic and social reintegration and
Parties, signed in 2010. wellbeing of juveniles.

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The most significant changes that were noted by SWMs, the wider project team and by stakeholders
interviewed during the MTR comprised:

i) The impact of the Social Inquiry Reports (SIRs)


SWMs were strongly of the opinion that SIRs are having a positive influence on more proportionate
sentencing by Judges. By way of triangulation, in KIIs with the two Primary Court Judges and the
National Director and Director of the JRCs, they also highlighted the value of and importance of SIRs.
As at December 2015, 97% of juveniles at the JRC now have SIRs, which is a substantial improvement
on the situation prior to this project. SIRs provide Prosecutors and Judges with another level of
information on the education, family and community background of the juvenile.

ii) The benefits of family contact and of follow-up visits on successful reintegration
Maintaining family contact coupled with post release follow-up of juveniles were also highlighted as
significant achievements of this project - which SWMs linked to reduced rates of reoffending and
recidivism. To date, the data to evidence this link remains anecdotal, however, SWMs gave two
examples at the time of the FGD, to demonstrate how follow-up visits were supporting the
successful reintegration process. Example 1 was the case of a juvenile who had excelled in metal
work classes while at the JRC; as part of the reintegration process, the SWM/CW team had helped
secure an apprenticeship for the juvenile at a metal workshop. The juvenile in question is now in
gainful employment and economically, far more secure. Example 2 was the case of a juvenile
sentenced to the Open JRC with low reading and writing skills who benefited from attending literacy
classes while at the JRC. During one of the first post-release follow-up visits, the juvenile was helped
by the SWM/CW team to enrol in private literacy classes, which the family agreed to. This young
mans future prospects and chances of gainful employment as a literate (as opposed to an illiterate)
individual are likely to be much improved.

Without the follow-up visits and the efforts to maintain regular family contact during the sentencing
period at the JRC, SWMs doubted whether these positive outcomes would have been realised.
Conversely, a third example was given of a repeat offender who was back at the JRC following the
theft of a motorbike, despite follow-up visits, post release. In this case, the SWMs pointed to the
challenging and difficult family background of the juvenile, which needs to be considered.

What is clear, is the need for further, more rigorous data capture and analysis of juveniles post
release from both the Open and Closed JRC in Year 3 in order to gather a body of evidence that
demonstrates the benefits (or otherwise) of follow-up on successful reintegration and reduced rates
of reoffending.

iii) The vital role of the Community Workers


As was noted by the SWMs in the FGD, Police usually contact Community Workers (in the first
instance) when there is a case involving a child or juvenile. The 25 Community Workers under this
project know to contact MoLSAMD SWs for child protection cases; they contact CiC SWMs for
children in conflict with the law cases. Community Workers are instrumental in family tracing and
gaining the trust of families. SWMs recognised Community Workers contributions to raising
community level awareness about child rights and child protection in relation to the Judicial System.

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SWMs also recognised that, based on the current rate of remuneration of Community Workers ($50
USDs per month) there was a limit to what more could be asked and expected of the Community
Workers, and not all Community Workers were performing to the same standard.

iv) Improved quality of the Education and Vocational Skills courses delivered at the JRC
SWMs emphasised how transformed the learning environment is at the Open JRC as a result of this
project and the positive impact this is having on the education, the behaviour and the wellbeing of
juveniles. This view was shared by the Open JRC Education Manager, the Judges who were
interviewed during the MTR, and the National Director and Director of the JRC.

Several references were made over the course of the MTR to drug taking and ill-disciplined,
aggressive behaviour of juveniles at the JRC (Open and Closed) prior to the start of the INL project.
The Open JRC Education Manager, Mahira, recounted facing real difficulties in the past controlling
the behaviour of juveniles who regularly damaged property. The situation now is reportedly much
improved, with project staff, stakeholders and beneficiaries alike, all attributing this change to an
improved education and learning environment.

A shared anxiety among SWMs and aforementioned stakeholders is whether the level of education
inputs and sound educational direction provided by the CiC team under this INL project can be
sustained by the Ministry of Education, post April 2017. Realities relating to the capacity of the
Ministry of Education, along with the other Ministries with a stake in Juvenile Justice, do need
confronting.

6 Findings from FGDs with juveniles an insight into the background and situation of
juveniles at the JRC

19 juveniles took part in FGDs during the MTR, 11 from the Closed JRC, 8 from the Open JRC. Their
ages ranged from 14 years old (1 participant) to 17 years old (9 participants). Presented below are
insights and general observations, based on what boys shared during the FDGs.

Key information
Open JRC
Age Detention at JRC Length of Time served Crime
pre-trial (Y/N) sentence to date (OJRC)
17 Yes: 1 month 7 months 1 month Moral crimes (phone messaging an
adolescent girl)
17 Yes: 1 months 12 months 2 months Stealing
17 Yes: 1 month 4 months 1 month Moral crimes (phone messaging an
adolescent girl)
17 Yes: 9 days 4 months Day 2 Car accident (driving without licence)
16 Yes: 1 months 18 months < 3 weeks Stealing a SIM card
17 Yes: 2 months 18 months 3 months Stealing
15 Yes: 1 month 7 months 5 months Fighting
15 Yes: 3 months 10 months 1.5 month Stealing
Closed JRC

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Age Detention at Length of Time served Crime


JRC pre-trial sentence to date **
(Y/N) *
16 Yes 3 years 18 months Juveniles interviewed at the Closed JRC
16 1 months Pre-trial N/A were not asked to divulge the crime for
16 Yes 1 year which they had been sentenced, only
15 Yes 3 years the length of sentence. This was on the
16 Yes 18 months advice of the CiC-INL Programme
14 1 months Pre-trial N/A Manager. At the Closed JRC, there is no
17 Yes 5 years 2 yrs segregation of juveniles (as used to be
17 Yes 1 year the case) for crimes of national security.
17 Yes 17 months Sentences of 3 years and above are
17 Yes 4 years 18 months typically given for more serious crimes of
15 Yes 18 months 17 months 27 national security, murder, abduction or
days (4 days armed robbery.
remaining)
Note The 9 boys who been sentenced confirmed that they had all been detained at the JRC pre-
(*) trial, for between one and two months. Exact lengths of pre-trial detention per boy werent
gathered.
(**) Information on time served wasnt gathered from all boys during the FGD

6.1 Pre-trial detention


All 19 juveniles interviewed were held in pre-trial detention at the Closed JRC, in one case for up to
three months. Only one boy interviewed from the Open JRC was released into his parents custody,
pre-trail, after nine days detention at the JRC.

All reported feelings of anxiety and fear when they recalled this period of pre-trial detention.
References were made to missing family and home life, and to feeling afraid of the other boys at the
JRC.
Sometimes fights broke out, or were specifically arranged, usually between two dorm
rooms. (Open JRC participant)

Typically, there are between 10 and 15 juveniles per dorm at the JRC. One of the boys from the
Closed JRC - who was due to be released after serving 18 months - reflected that there had been
improvements in behaviour.
Ive seen big changes. Before, there was much fighting between boys; now, this is reduced.
There is better discipline, support and supervision by guards. (Closed JRC participant)

There were no overt reports of ill-treatment from JRC guards and staff during this period of
detention.
Most of the staff and guards had good behaviour towards us. (Closed JRC participant)

6.2 Treatment by Police at the point of arrest


Juveniles interviewed from the Closed and Open JRC described ill treatment at the point of arrest by
Police, ranging from verbal abuse and threats of violence to physical assault (beating).
I was scarred at the Police station and badly treated (Open JRC participant)

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Negative attitudes towards the Police were also expressed during interviews with the Community
Workers and the JRC Director and JRC National Director. Police were described at various times
during the MTR as corrupt, ill-disciplined and illiterate. Findings such as these place further
importance on the continued advocacy and lobbying activities planned in Year 3 to have a SW
appointed at the Kabul Central Police Juvenile Investigation Unit, as a means of regulating Police
behaviour. An additional recommended activity would be to deliver further training to Police recruits
in Year 3.

6.3 Patterns of offending


All bar one of the boys that took part in the FGDs from the Closed and Open JRC were first time
offenders. The exception was one boy, for whom it was his second time at the JRC, but related to the
same crime (he was arrested, came to the JRC, released pre-trial, then 8 months later was tried and
sentenced to the Open JRC).

6.4 A typical day for juveniles at the Closed JRC


A typical day starts at 5AM (wake up, prayers and breakfast). From 9 11AM there is meant to be
school (delivered by Ministry of Education assigned teachers), but juveniles shared their concerns
that lessons havent been taking place regularly, on account of teacher absence due to the lack of
salary payment. Those who had served more than 12 months were asked whether (in their
experience) morning lessons were delivered more times than not. Unfortunately, their experience
was that lessons were cancelled more times than they were delivered.
State school was better because here (at the Closed JRC), there is no regularity and lessons
dont often take place. (Closed JRC participant)

11 12PM is outside time and lunch is from 12 1PM. From 1 3PM, Art and Computer classes are
delivered by CiC project staff under the INL project, followed by outdoor recreation from 3 4PM.
Art, Computer and Recreation times were rated highly among participants. The nine juveniles
interviewed from the Closed JRC all attended the Art Classes. Five (of the nine) were also enrolled in
the Computer Classes. When asked to rank the Classes out of five (with zero being very bad to five
being excellent), the Classes were ranked well above average - the majority stating they really
enjoyed the Classes, which were variously described as useful, positive and well-taught. When
asked how the Classes might help them in the future, post-release, responses were generally
positive:
Im learning a lot from the Computer classes; IT skills will help me get a job when Im
released.(Closed JRC participant)

From 4PM, juveniles at the Closed JRC are confined back to the dorms.
The period from 4PM is long and boring. (Closed JRC participant)

Books are brought around for the boys at the Closed JRC to study and there is some opportunity to
do handicrafts, but generally, the boys complained that this time of confinement is tedious. Appeals
were made to increase outdoor and recreation time. The recreation ground (newly constructed
under the INL project) was clearly highly valued and appreciated. More time to play football for

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physical exercise, as well as the provision of more books for self-study and learning, were requested
by the Closed JRC FGD boys.

6.5 Education
All the boys interviewed (Open and Closed JRC) valued the importance of education and the
opportunities that education provided.
Illiterate people dont make engineers or doctors (Closed JRC participant)

100% of the boys interviewed from the Closed JRC responded that they wanted to return to school
after they are released. This concurs with the response of the boys from the Open JRC. Interestingly,
the experience of the SWMs is that about 70% of juveniles dont face major problems returning to
school after release, but 30% need support and advocacy to persuade both schools and families to
send them. Note: SWMs have a higher caseload of juveniles from the Open as opposed to the Closed
JRC. One would imagine that it is harder for boys released from the Closed JRC to return to school
(on account of having served longer sentences, away from school, family and communities, and for
graver offenses). Boys from the Closed JRC acknowledged this might be the case and welcomed the
notion of post release support and follow-up visits by Social Workers.
It would be nice to have someone come and see us after we are released to see how we are,
how the family is, and give support.(Closed JRC participant)

Of the boys interviewed, enrolment in state secondary schools and grade levels reached, prior to
convictions, was surprisingly higher than one might expect and also concurs with findings from
speaking to the Project Team (SWMs and the Teachers).

Grade O JRC (8 FGD boys) C JRC (11 FGD boys)


G8 I III
G9 II I
G10 I II
G11 IIII III
G12 - II

Boys interviewed from the Open JRC seemed to benefit more overtly from family support of their
education. Three FGD boys from the Open JRC had been attending private English classes and
described studying hard and enjoying school. One boy from the Open JRC was clearly a promising
student (G11), having attained 3rd top position in his year group (prior to coming into conflict with
the law). All had a desire to return to school and complete their studies after serving their sentences
at the Open JRC.

Of positive note were comments from the boys interviewed that they didnt see their experience at
the Open JRC as negative or regressive. Rather, they felt that the classes they were attending at the
Open JRC were relevant to their education and learning, and would prove helpful in the future.
Im happy here (at the Open JRC), more than Id imagined I would be, because of the
education support.(Open JRC participant)

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Boys interviewed from the Open JRC also described their overwhelming sense of relief that they
were sentenced to the Open and not the Closed JRC. One boy described the joy of being able to go
back to his family in the evenings and of having more opportunities to learn at the Open JRC, than he
would have had, at the Closed JRC. It is an indication of the correctional benefits of the Open JRC.
As one of the CiC Teachers said in an interview:
When juveniles start at the JRC they are not the same students that leave. They are not
dangerous and we dont treat them as such. Many are bright and talented individuals who
leave with bright futures, not blighted futures.

6.6 Migration
Across both the Open and Closed JRC, the majority of boys interviewed had all experienced quite
high levels of migration and family resettlement during their lives. This is to be expected in the
context of Afghanistan, where the level of internal displacement largely on account of conflict and
economic migration - is pronounced. The pattern of migration described by one of the FGD
participants from the Open JRC was typical:
I was born in Kabul, my family moved to Bamiyan, then to Mazir-e-Sharif, and then to
Parwan. Im now back in Kabul with my Uncle and his family. (Open JRC participant)

7 Progress against objectives

7.1 Objective 1: The Open JRC in Kabul is more utilized so that by the end of the project, 50
children each year are serving their sentence in the Open JRC as a result of this project

- Progress
This objective is [firmly] on track. Although records of the total number of juveniles at the Open JRC
on any given day remain lower than 50 (see table 1 and explanation below), figures demonstrate
there are more than 50 children now being sentenced to the Open JRC each year 59 in 2014 and
78 in total in 2015. Since the start of the project in April 2014, 8% of boys at the JRC were in the
Open JRC. By December 2015, this number had risen to 17%.

The steady increase in numbers of children being sentenced to the Open JRC is a positive indication
of the success of key project inputs, including the transportation system and improved education,
learning and recreational facilities. It is a demonstration that Judges and Prosecutors are now far
more willing to consider the Open JRC as a viable alternative to incarceration for children who have
committed minor crimes. As was evident from the interview with Primary Court Judge Suraya
Ahmadi and Judge Leilah (27/01/2015), benefits of sentencing to the Open JRC include the much
improved facilities and the educational and learning opportunities it provides juveniles. Judge Suraya
was quick to congratulate Children in Crisis focus in this regard education, in her view, represents
a clear pathway to rehabilitation.

Despite the Open JRC having been constructed over ten years ago (2004/5), it remained
underutilised until the INL project began. The JRC Education Manager of the Open JRC, Mahira, who
has worked there since it was opened, attested to this. She rarely had more than a dozen boys under

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her charge prior to 2014 and notes the behaviour of those now attending to be much improved,
thanks to the facilities.

In the month of January 2016, the average daily attendance at the Open JRC was 30 - the highest
monthly uptake at the Open JRC since the project began. This increase is encouraging an indication
of the growing success of CiCs advocacy for increased usage of the Open JRC.

Table 1: Average monthly figures for the Open JRC 2014 and 2015:
2014 J F M A M J J A S O N D Ave
X X X 20 20 22 18 21 23 22 16 17 20
2015 J F M A M J J A S O N D
24 27 18 12* 9* 11* 10* 14* 18 19 22 27 18
*Note: between April to August 2015, a Presidential Decree allowed for the release of a number of
juvenile detainees from the JRC (Open and Closed), hence the dip in numbers recorded in these
months.

One of the persistent challenges to Judges not automatically sentencing juveniles who have
committed minor crimes to the Open JRC is the requirement of a family/parental guarantee. This
remains an area of concern to CiC. We will respond to this in the year ahead by investing more time
in on-going direct issue-based advocacy activities, as well as family support work.

The provision of transport to collect and return juveniles each day to the Open JRC is also critical to
the attainment of Objective 1. In the absence of transport provision, the collective view of those
interviewed during the MTR is that utilisation of the Open JRC will decline. Without the transport
provision, Judges would be unwilling to sentence juveniles to the Open JRC (KIIs with Judges, 27/01),
and the families of juveniles would be unable to cover daily transport costs as these would be
beyond the means of families (from interviews with juveniles from the Open JRC, 25/01 and 26/01).

Currently, all transportation costs (driver salaries, maintenance and repairs to the vehicles, fuel) are
covered from Project funds. The 2 x vehicles also serve to help the Closed JRC transport juveniles to
court, for forensic testing and to adult prison etc. The vehicles are, by all accounts, in high demand
and critical not just to the Open JRC.

- Opportunities and recommendations


Despite extensive advocacy under this INL project by the CiC Programme Manager with the Ministry
of Justice to transfer this financial responsibility to the Government which included a meeting with
the Minister of Justice himself (4 January 2015), thus far, progress in this regard has been stalled.

A Presidential decree not to issue any permanent contracts (Tashkil) to government workers means
that for the immediate future, the project will have to continue to pay the 2 x drivers salaries (total
8,000 Afs equivalent to $150 pp/pm). In meetings with both the Director and National Director of
the JRC, they confirmed they have requested the two drivers be added from the Afghan New Year
i.e. the next budgetary year which starts 20th March 2016. They remained hopeful that this request
would be approved by the Ministry of Justice.

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It is an issue that the INL-CiC Project Team will continue to press hard in advocacy meetings with the
Ministry of Justice in the year ahead.

7.2 Objective 2: The number of pre-trial juveniles released to their parents custody has
increased by 50%

- Progress
Analysis of numbers of pre-trial juveniles incarcerated at the Closed JRC since April 2014 infers that
this objective is off-track. CiCs own internal data on the number of children detained at the JRC
shows that in December 2015, there was a total of 186 juveniles at the Closed JRC. Of those an
estimated 80 - 90 (avg 46%) were pre-trial, detained at the Closed JRC.

This contravenes childrens rights under the Juvenile Code, which states that all pre-trial juveniles
should be released to their families. It implies guilt and incarcerates children with those that have
been sentenced.

Of the 9 juveniles from the Open JRC who participated in FGDs during the MTR, all bar one had been
detained at the Closed JRC for between 1 to 2 months, pre-trial. The one boy who was the exception
had been detained for 8 days at the Closed JRC, prior to his family securing pre-trial parental
custody.

2 of the 11 juveniles from the Closed JRC who participated in FGDs were pre-trial and had
respectively been there for 1 month. Neither knew when their court date was. In the company of 11
other juveniles who had all been sentenced, and were serving upwards of 5 years for their crimes,
the two pre-trail juveniles appeared apprehensive, jumpy and nervous.

Frightening and scary were words collectively used by all juveniles interviewed during the MTR to
describe their experiences of pre-trail detention at the Closed JRC. There is no separation of
juveniles detained pre-trail, from juveniles who have been convicted and sentenced of a crime. This
situation is far from ideal and contravenes the Juvenile Code.

Based on extrapolated data provided by UNAMA for Kabul JRC, there are a recorded 90% of pre-trial
juveniles detained at the Closed JRC, compared to 10% who have been sentenced. Even accounting
for inaccuracies in this data (which might account for an overly high pre-trial detention rate,
certainly in comparison to CiC internal estimates which are nearer 50%), the fact that there are so
many pre-trial juveniles at the Closed JRC not then being commensurately sentenced is evidence
that large numbers of pre-trial juveniles are being needlessly detained.

Explanations given as to why there has been little to no change in the number of pre-trail juveniles
detained at the Closed JRC, as opposed to being released to their parents custody, include:

- Lack of awareness among families that pre-trial release into parental custody is an option;

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- Difficulties navigating the process of attaining pre-trial parental custody (which also requires
a guarantee);
- Unwillingness among Juvenile Sector Professionals to consider pre-trial family release
(especially for juveniles implicated in more serious crimes) out of concern that the juvenile
will abscond pre-trial;
- Pre-trial detention (as opposed to family custody) is at times the preferred option among
families i.e. for fear of retribution by the childs accusers within the community.

Based on the explanations listed above, and taking into consideration the scope of CICs project
activities, we need to be realistic about the extent to which meeting this objective is within the
immediate project reach. Note: there is currently no option for sending pre-trial juveniles to the
Open JRC. Judges have the authority to sentence, only, to the Open JRC.

In other respects, and thanks to the success of the coaching and training of Community Workers to
ensure they are assisting with mediation, the project is recording an increase in numbers of cases
Community Workers are mediating i.e. that get resolved without involving the juvenile justice
system. Since April 2014, Community Workers have intervened and successfully mediated 134 cases.

Advocacy to ensure MoLSAMD uphold their commitments to supply Social Workers within the
Juvenile Justice system (as per the LoA) remains an up-hill struggle, but one that CiC continue to
press, alongside advocacy to appoint a SW to the Kabul Central Police Juvenile Investigation Unit.
Those MoLSAMD and Ministry of Justice SWs that are assigned have benefited greatly from capacity
support from the CiC SWMs under this project, and are reportedly capable and able, but are
constrained by a lack of resources (transport and communication) to carry out key tasks.

The cumulative effect is an on-going heavy reliance on CiCs SWMs to complete SIRs and an under-
representation of MoLSAMD SWs present to support juveniles at the point of arrest in Kabuls Police
Stations. It could be argued that the limited presence of SWs at the point of arrest is also a
contributing factor to high numbers of pre-trail detention.

- Opportunities and recommendations


In the final year of the project, it will certainly be possible to increase awareness among families and
within communities about the option of parental custody, as well as provide a level of
support/assistance to families to navigate the custody release process. Until a time when additional
MoLSAMD SWs are assigned to the JRC, this can be undertaken by the Community Workers under
the project, with support from the CiC SWMs, relatively easily.

Assigning two of the six SWMs to work solely on the issue of reducing pre-trial detention is strongly
recommended in Year 3. Among one of the other key recommendations in relation to this objective
in Year 3 will be to undertake a Cost Benefit Analysis of the costs of pre-trial detention of Juveniles at
the JRC, to present to the Ministry of Justice. This Cost Benefit Analysis would be in addition to on-
going, clear and consistent advocacy on the need to uphold the rights of children under the Juvenile
Code. As stated above, pre-trail detention implies guilt and incarcerates children with those that
have been sentenced and remains in contravention to childrens rights under the Juvenile Code.

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INL is equally aware of the challenges and issues affecting pre-trial detention rates and are planning
for a high level delegation to visit Turkey, to assess successful Alternatives to Detention approaches
by the Turkish authorities. Although the anticipated results of this are unlikely to be realised within
the timeframe of this project, viable Alternative to Detention options for pre-trail juveniles, other
than their release into parental custody, are certainly needed.

The planned relocation of the female prison [timeframe as yet unknown] at least provides an
opportunity to respond in the short term to the issue of pre-trial juveniles being detained alongside
convicted juveniles, as it will free up space for a separate wing for pre-trial detainees.

7.3 Objective 3: The number of juveniles sentenced to Alternatives to Detention has increased
by 40% by the end of the project

- Progress
This objective is on track. As captured in the quarterly narrative reports, the project has seen a
steady increase in the number of juveniles sentenced to Alternatives to Detention, rising from 19
(Jan Mar 15) to 32 (Apr Jun 15) to 42 (Jul Sep 15) a 121% recorded increase, in 6-months.

Home confinement (and occasionally suspended sentences) remains the most common current
Alternatives to Detention used by Judges, but there is a clear need for additional viable alternatives.
KIIs with Judges [27/01] and the JRC National Director and Director [26/01] during this MTR inferred
growing unease among Judges about the efficacy of home confinement and reports of reoffending.

CiC have continued to push MoLSAMD to produce lists of viable social service referral organisations
for Judges to consider. In Judge Suraya Ahmadis experience, sentencing juveniles who have
committed minor crimes to the Open JRC is increasingly viewed by Judges as the best alternative,
preferable to home confinement, given the significant rehabilitative benefits of the Open JRC, thanks
to the improved services by CiC under this INL Project.

It is the considered view of the Evaluator that: a) MoLSAMD will struggle to prepare a list of
appropriate Social Service organisations to provide viable Alternatives to Detention, since few exist,
short of those with a mandate and (Donor) funding agreement to do so; and b) for home
confinement to be effective, it must be accompanied by regular family visits and an integrated
rehabilitation plan. This is further reason why additional MoLSAMD SWs (and the resourcing of
them) are needed, or else an alternative strategy sought in the absence of MoLSAMD being able to
meet this responsibility.

- Opportunities and recommendations


CiC play an active role in collective advocacy. Alongside other NGOs and Juvenile Justice Actors, it
has recently been advocating for the Ministry of Rural Rehabilitation and Development (MoRRD) to
become a ninth signatory to the Letter of Agreement. This could improve coordination with local
municipality authorities and result in community service orders for juveniles within the
municipalities becoming a viable Alternative to Detention for Judges to consider.

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It is suggested that a KPI on community service sentencing and the associated advocacy by CiC, be
added to the Project M&E Framework in 2016.

7.4 Objective 4: The JRC in Kabul is better able to rehabilitate juvenile offenders so they can
transition to more productive lives

- Progress
There has been notable progress made towards this objective, against all the KPIs.

At the Open JRC, 100% of the juveniles are attending vocational training and educational classes,
comprising IT, Art, English, Literacy and mixed (curriculum based) subjects. These are delivered
directly by CiC staff under the INL project and complement woodwork and metalwork classes
delivered by JRC staff. CiCs delivery of vocational classes in IT and Art for juveniles at the Closed JRC
continues to be greatly valued, by juveniles and the authorities alike.

Table 2: Provision of vocational training against KPIs


Class Target/KPI Actual (at Dec 15)
IT/Computer Open JRC 75 juveniles 100
IT/Computer Closed JRC 216 juveniles 306
English - Open JRC 75 juveniles 167
Art Open and Closed JRC 240 juveniles 545

The patience and encouragement of the teachers, and the regularity and quality of the classes
delivered by CiC staff, were noted by all juveniles (Open and Closed) who participated in FGDs. They
regarded the classes to be appropriate and helpful to their rehabilitation (as described earlier under
section 6). In contrast, juveniles from the Closed JRC lamented the irregularity of education being
delivered by the Ministry of Education. As has been well documented in the narrative reports, this is
an issue that remains high on CiCs agenda to resolve. The agreement reached in Jul-Sep 15 with a
local secondary school for teachers to deliver education services at the JRC represents a significant
step forward. Once current issues to do with the winter holidays and salary for the daily wage
teachers are resolved, the aim in 2016/17 will be to transfer responsibility to the local secondary
school to deliver mainstream classes for juveniles at the Open and the Closed JRC (but only as long
as the regularity of lessons can be assured and classes remain separate between the Open and
Closed JRC).

In KIIs with the JRC National Director, JRC Director and Judges from the Primary Court, they
emphasised the benefits to juvenile rehabilitation being derived from the improved facilities at the
Open JRC - thanks to CiC.

Coaching activities with SWs and Community Workers on maintaining links with families also appear
to be proving effective. Extrapolated data from the narrative reports shows a 9 fold increase in
family contacts, up from 20 in November 2014 to 191 in December 2015. In FGDs with SWMs,
family contact was cited as one of the key contributing factors to successful rehabilitation of
juveniles post release.

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The shortage of MoLSAMD SWs assigned to the JRC means the task of maintaining family contact
has, thus far, largely rested with the SWMs, with assistance from the Community Workers. Unless
more MoLSAMD SWs are assigned to the JRC (and adequately resourced) in the final year, the risk is
that vital activities such as this wont be maintained. The project will continue to advocate for
increased allocation (and adequate resourcing) of MoLSAMD SWs in the year head. It will also
continue to strengthen the capacity and capability of Community Workers to assist with maintaining
family contacts. Even supposing more MoLSAMD SWs are allocated to the JRC, Community Workers
will remain an important and vital resource.

The reintegration activities with juveniles released from the JRC currently comprise:

- Collation of necessary Ministry of Education information and records on the education and
vocational training of juveniles;
- Follow-up visits to juveniles and their families over 5 - 6 months post release (minimum 3
visits). SWMs have a form to record the follow up visits; it is mainly the role of the
Community Workers to undertake these, as they are familiar with the communities and
families.
- Advocacy by CW/SWMs on behalf of juveniles (as required) to ensure reintegration back into
school and/or employment.

To date, 80 released juveniles have been visited by a CW/SWM.

Since February 2015, data on released juveniles being visited by Community Workers is being
captured in relative detail in the follow-up forms that SWMs complete. Information ranges from
the number of follow-up visits that have taken place, and by whom, to the situation of juveniles on-
release, issues and concerns faced, and action and steps being taken to help support the successful
rehabilitation of the juveniles concerned.

- Opportunities and recommendations


The importance of maintaining regular follow-up visits to juveniles after release to support
successful reintegration and rehabilitation was widely cited in stakeholder interviews and in the
FGDs with the SWMs and Community Workers. As yet, there is little evidence to back this. In
response, discussions with the INL-CiC Project Manager indicate that more could be done to analyse
and present the data being captured in the follow-up visit forms, especially relating to factors
affecting successful reintegration of juveniles (+ve/-ve) and data on rates of recidivism
(disaggregated between juveniles sentenced to the Open and Closed JRC). This is a recommended
activity in 2016.

Suggestions to improve the effectiveness of the reintegration activities on juvenile rehabilitation also
include extending the number of follow-up visits by up to 12-months (post release). This will be
considered further by the Project Team in consultation with INL.

8 Broader issues impacting progress against planned objectives

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8.1 Change of Government (2014) and the capacity of the respective Ministries of the
Government of Afghanistan
Presidential elections were held in Afghanistan in April 2014, with a second round held in June.
Months of political stalemate were broken on September 21st when Ashraf Ghani and Abdullah
Abdullah signed a power-sharing agreement. Under the new government, every ministerial position
has changed, at almost every level. Ministerial changes have inevitably slowed the speed of
Ministerial decision making and affected lobbying and advocacy activities under this project (and
across the sector more generally), as new relationships take time to forge.

8.1.1 MoLSAMD:
According to the Letter of Agreement, there should be enough Social Workers introduced by
MoLSAMD to the Juvenile Justice system. The target under the INL Project is to have six assigned
MoLSAMD SWs to the JRC. There are currently only two. There will be no further MoLSAMD SWs
assigned until the issuing of new government contacts is reinstated. The expectation is that this will
be from the Afghan New Year in March 2016. UNICEF are the key partner dealing with MoLSAMD.

For over 6 months, CiC have been trying to get a meeting with the new Minister of MoLSAMD to
resolve this issue. The role of SWs within the Juvenile Justice sector cannot be understated.

8.1.2 Ministry of Justice:


Based on discussions with the INL-CiC Project Manager and SWMs from the project team, Ministry of
Justice SWs assigned to the JRC play almost no role in the completion of SIRs or follow-up support.
Instead, they are heavily occupied taking juveniles from the JRC to trail, for forensic testing, to court
etc. Added complications is that Ministry of Justice SWs because of their affiliation with
Government, are less trusted by families and the community, so the task of undertaking SIRs and
follow-up support for them, is complicated.

8.1.3 Ministry of Education:


Provision of education (mainstream) for juveniles at the Closed JRC is irregular. The Director of the
JRC recognised that there have been issues of teacher absence and irregularity, meaning classes
dont go ahead. The MTR coincided with the long winter holidays (Nov Mar) which was one of the
reasons for the current disruption (the 5 teachers seconded from the local secondary school, for
example, werent attending as regularly at this time on account of the holidays) but the on-going
issue of the remaining 10 teachers not getting paid by the Ministry of Education rumbles on, without
a resolve.

8.2 Family Guarantees


One of the criteria for sentencing children convicted of minor offenses to the Open as opposed to
the Closed JRC is the need for a family guarantee. This requires families to produce proof of address
- a fixed abode. In a city the size of Kabul, with such a large internally displaced, transitory
population, providing a guarantee will be problematic for many. For juveniles from poorer more
disadvantaged backgrounds especially, they are among the demographic that are likely to have more
to gain from the rehabilitative, supportive environment of the Open JRC, yet less likely to be able to
secure a family guanrantee.

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8.3 Corruption
There is undoubtedly corruption in the Juvenile system it was frequently and openly mentioned in
KIIs and stakeholder meetings during the MTR, and appears to manifest in different ways. Police are
widely implicated using the threat of arrest and detention to extort money from childrens
families; false recording of the type of crimes; Prosecutors extorting money from families. It is a
talked about reality.

What is promising, and not something that is being captured, is the extent to which this project is
helping to mitigate corrupt practices e.g. though the network of Community Workers who have a
visible presence on the ground, or through the regular and systematic completion of SIRs that now
accompany all cases for juveniles in conflict with the law.

9 Conclusions and next step considerations

Based on the aforementioned findings, the conclusion of the MTR is that the Project is making
steady and encouraging progress against its stated aims and objectives. Objectives 1 and 4 are both
firmly on track and Objective 3 is making good progress. The only obviously off track objective is
Objective 2, but there are certainly opportunities in the last year of the project for new advocacy
approaches and additional activities to support progress in this regard.

Of particular note is the obvious professionalism the CiC-INL Project Team and experience of the
Juvenile Justice Sector. They have a clear knowledge and understanding of the objectives of the
project and appear highly motivated. Ensuring the rights and wellbeing of juveniles at the JRC
(emotional, physical and educational) is top of the agenda, and there is plenty of evidence from the
MTR to demonstrate the situation of juveniles at Kabul JRC is significantly improved as a result of
this project.

Detailed discussions with INL now need to take place to consider the findings and recommendations
of the MTR, agree the priorities for action in Year 3, and calculate the associated human resource
and budgetary implications. Unquestionably, project sustainability issues have to be frankly and
openly discussed. A key recommendation in 2016 must be to consider the what if and next step
scenarios i.e. in the event that Ministry commitments arent forthcoming. In which case, a broader
next step consideration is whether on-going investment by Donor and NGO partners is needed, post
April 2017, to embed/sustain promising gains that have been made thus far, in support of Juvenile
Justice Reform.

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Timetable 23 28 January 2015

23/01 AM
PM Site visit to the JRC (Open and Closed)
Introductory meeting with Mr Amini, Director of the JRC
24/01 AM Meeting with Project Management:
M.Rafi Aziz (CiC AFG Programme Manager INL project)
Peter Simms (CiC UK Programme Manager)
Timor Shah (CiC AFG Country Director)
PM FGDs with the Social Work Mentors (Project Team):
Mohd.Nadir Naseri
Mira Jan Tarpoor
Matiullah Amin
Marzia Sarwari
Samira Noor
Latifa Akbar
25/01 AM KIIs:
Mr Amini, Director of the JRC
Mr Sidiqui, National Director of the JRC
Mahira, Open JRC Education Manager
PM JRC lesson observations
Semi-structured interviews with:
6 x juveniles from the Open JRC (attending Computer classes)
26/01 AM KIIs:
Walli Boyan (Senior Social Worker) Aschiana
Shaprerai Anwary, Afghan Womens Education Centre (AWEC)
FGD with the Teachers (Project Team):
M.Marouf Aminyar (Education Team Leader)
Abdul Saboor Qaderi (Teacher IT)
Abdul Ahad Azizyaar (Teacher English)
Said Jawad Ahmad (Teacher Art)
Mohd.Joma Monis (Teacher Full Time 1)
Mir Afghan (Teacher Full Time 2)
PM Semi-structured interviews with:
11 x juveniles from the Closed JRC (attending Art classes)
3 x juveniles from the Open JRC (attending Literacy classes)
27/01 AM Meeting with INL at the US Embassy
Bahar Sayedi (Programme Management Specialist, INL)
Allan Collins (Contract Senior Corrections Advisor, INL)
KIIs with Primary Court Judges:
Judge Suraya Ahmadi
Judge Leila
PM FGD with the Community Workers (Project Team)
Wakil Abdul Aziz (District 17)
Said Ahmad Hosseini (Istalif District)
Wakil Gholam Hazrat (District 11)
Khalilullah (District 7)
Parwiz (District 10)
28/01 AM External meeting with:

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J UV E NI L E J US TI C E PR O J EC T - CI C AF G HA NI S TA N , M I D T E RM R E VI E W , J A N 16

Zarrena Almeda Vasquez (Programme Coordinator, War Child UK)


Wahid Shah Amin (Project Officer, War Child UK)
PM Plenary meeting with Project Management:
M.Rafi Aziz (INL-CiC Project Manager)
Timor Shah (CiC AFG Country Director)
Peter Simms (CiC UK Programme Manager)

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