62988 v1 Document of The World Bank Report No: RESTRUCTURING PAPER ON A PROPOSED PROJECT RESTRUCTURING OF TF 92160 May 19, 2008 TO THE ISLAMIC REPUBLIC OF AFGHANISTAN June 27 2011 Regional Vice President: Isabel M. Guerrero Country Director: Nicholas J. Krafft Sector Manager: Joel Hellmann Task Team Leader: Lubomira Beardsley AFGHANISTAN Justice Sector Reform Project CONTENTS Page A. SUMMARY................................................................................................................ 3 B. PROJECT STATUS.................................................................................................. 3 C. PROPOSED CHANGES .......................................................................................... 7 2 AFGHANISTAN JUSTICE SECTOR SUPPORT PROJECT RESTRUCTING PAPER SUMMARY 1. The Restructuring Paper seeks the Country Director’s approval to extend the closing date for high priority contracts only, for the Afghanistan Reconstruction Trust Fund (ARTF) financing for the above referenced project by 5 months and 30 days from the current closing date of June 30, 2011 to December 30, 2011. December 30, 2011 has been chosen as it is the last business day of the month. The purpose of the extension is to: (i) provide more time for completion of on-going and anticipated contracts, full implementation of which have been delayed because of mostly external factors; and (ii) sustain the implementation of continuing activities, implementation of which will continue under the Phase 2 of the Justice Sector Reform Project (JSRP). The restructuring paper also seeks to cancel some of the outstanding balance of the grant in line with the rationale for extending only high priority contracts. PROJECT STATUS 2. The grant of TF 92160 for the amount of $27,750,000 was approved by the Afghanistan Reconstruction Trust Fund (ARTF) Management Committee on May 19, 2008, and became effective on July 15, 2008. The JSRP project was prepared as a first phase operation to implement a set of quick impact activities while preparing a foundation for subsequent second phase of the project. The preparation of the Phase 2 JSRP is scheduled to be completed by January 1, 2012. 3. The project was originally a two–year operation. At approval, the closing date of the project was set as December 30, 2009 to align with the closing date of the parent ARTF (TF 50576) of June 30, 2010. There was at that time a clear understanding that upon the extension of the closing date of the overall ARTF, the closing date of TF 92160 would likewise be extended to enable project implementation over a two year period. Since the approval of the JSRP, the closing date for the parent ARTF Trust Fund has been extended to June 30, 2020. (I) Past Extensions of Closing Dates: 4. Upon the mid-term review the JSRP was extend in December 2010 by 18 months to June 30, 2011. With this extension the project became a three year operation. (II) Project Performance and Current Status 5. Following a good start the project’s implementation slowed down in late 2009 as a result of difficulties to recruit qualified staff for the Project Support Unit, personnel changes in Justice Institutions (JI), mainly in the AGO and MOJ, difficult political 3 climate before and after the 2009 elections and subsequent changes in the Cabinet. The impact of these factors on the project implementation was exacerbated by the project’s short implementation time-scale; these factors resulted in an overall rating of moderately unsatisfactory for a while. The implementation picked up again in late 2010. 6. The project has made most progress in establishing the basic infrastructure for improved access to justice. Thirty legal libraries have been established across the country. The Ministry of Justice (MoJ) has undertaken a major effort to print and disseminate Afghan laws. A network of 6 legal aid offices and 3 legal awareness offices is operational. The MoJ is contracting the biggest Legal Aid NGO (International Legal Foundation (ILF)) for legal service provision in 13 provinces. It is anticipated that the MoJ will be able to process up to 2800 more cases within the next 6 months. The project has also made progress in improving the physical infrastructure of the justice sector. Twenty three court houses and offices have been repaired. New designs for 24 court and office buildings will be finished by June 2011 along with new court design standards laying the basis for more accessible legal facilities. Work on the AGO headquarters is almost complete and the AGO is expected to move into the new premises by August 2011. More modest improvements have been achieved in the areas of capacity building and human resource management reform for the Justice Institutions. Training has been organized for 90 judges at the Judicial Training Academy in Egypt. A National Conference of Prosecutors has been organized. Reform Implementation and Management Units have been established in the Supreme Court (SC) and Attorney General Office (AGO) to spearhead the process of human resource management reform in those institutions linked to the broader pay and grading reform across the Afghan government. Finally, project management and oversight have improved considerably since the appointment of a Project Director. The Project Oversight Committee, Project Support Unit, and Project Coordinators are fully operational. The Procurement and Financial Management Manuals have been finalized. The implementation of the activities during the extension period will allow translating existing results into a higher volume and better quality of legal services, particularly legal aid. It will also secure smooth transitioning from Phase 1 to Phase 2 7. Implementation progress and achievement of Developmental Objectives (DO) have now improved from moderately unsatisfactory to moderately satisfactory (See ISR from June 2011). The project has disbursed about $10 million (36% of total) and disbursement of about $3.4 million is pending. By June 30, 2011 the project disbursement should be 48%. By December 30, 2011 (the proposed closing date) disbursement rate is estimated at about 70%. The low disbursement rate partly reflects an overly ambitious timeframe (3 years) for the implementation of this type of institution-building project in a fragile and conflict affected state. 8. The overall implementation progress of this Project appears to have been slower than planned. However, project start-up was delayed as the Grant only became effective four months after the ARTF Management Committee approval. The additional delays can be attributed to three main factors. First, insufficient implementation capacity in the JI and their lack of familiarity with Bank procurement 4 procedures led to additional lag time in procuring the key contracts. This has been aggravated by difficulties in the staffing of the PSU. 9. Second, the implementation of some of the project activities has been held back by external factors (such as deteriorating securities, political instability and subsequent difficulty to attract interest of international experts and firms in project activities, or withdrawal of co- assistance of some international partners). Finally a lack of JIs commitment to some reforms led to delays of project implementation. The Human Resource Management for judges, Training and Training Management Capacity for the AGO are examples of activities which have made minimal or no progress due to the lack of interest by JIs. (III) Progress Towards Achieving Project Objective 10. The Project DO is to improve the capacity of JIs and increase access to legal services they provide. This was to be achieved through stronger human capital and physical assets and their better management, and legal empowerment of the people. Legal empowerment includes legal outreach and legal aid programs. The DO has been to a large extent accomplished (See Para 12). 11. The table below sets out the indicators included in the Grant Agreement against which attainment of the project DO was to be measured against (no baselines were included in the Grant agreement: Indicator Progress Towards Attainment The number of improved 35 courts and buildings rehabilitated justice sector facilities SC: 16 buildings: AGO: 17 provincial and 3 central offices MOJ: HQ building and the Juvenile Detention Center The number of people who Total number of people who have received legal aid service is at least 2000 received legal services (out of which 1500 are representations and 500 are advice cases). The number of qualified and Training program for judges by Egyptian Judicial Academy includes 90 properly trained judges judges, 65 of which have already received 6 weeks intensive training. 220 MOJ’s employees across the provinces have been trained in FM, procurement, IT and English The number of legal A network of 28 provincial and 3 central libraries have been created. professionals with increased SC has established ten libraries. Central Judicial Library is functional and access to adequate legal daily more than twenty professionals visit this library. Provincial libraries reference materials will open after training of librarians in July 2011. AGO’s libraries (11) will become fully operational by 30th June 2011.Total number of users is estimated at 1600 professionals. About 20-30 legal professionals and MoJ staff come to MoJ central library and 5-10 provincial staff refers to MoJ provincial libraries in 6 provinces each day. The extent of legal advice Legal representation & advice has involved broad range of cases e.g. and representation provided murder, terrorism, kidnapping, forgery and counterfeit, narcotics, theft, 5 by the recipient’s legal aid drinking and intoxication, violence against women, and traffic cases. The program most frequent cases are traffic cases, theft, and adultery. See also indicator 2. The number of community Nangarhar: Around 700 brochures and 5 different handouts were leaders and ordinary people distributed in Nangarhar. reached through legal Kundoz: 1200 posters, 6000 brochures, 400 stickers, 1840 volumes of awareness initiative books, 300 issues of Legal bimonthly which were made available by Huqooq Department of MoJ have been distributed in Konduz province. Balkh: 57 radio conferences, 35 workshops with elders, university students, youths in custody and others have been held; likewise, 700 brochures and 1221 posters have been distributed. Meetings with around 230 village representatives and 260 tribal elders have been held since the inception of the project. Training for 250 school students has been accomplished. Improved capacity of legal Infrastructure: institutions to manage their 3 engineers are supporting the infrastructure department in each JIs; their human resources and assets responsibilities includes: : evaluation of offers; preparation of bid documents; engineering designs & estimation of projects; developing a facilities database; monitoring of construction projects SC: has developed standards for designs and prototypes for every type of building such as urban court, appeal court, primary court, and residential facilities etc for cold and warm climates. These standards are used in all SC projects (including projects financed by other donors or by the Government). AGO is preparing IT assessment – an important planning document for the reforms that involve IT. Human Capital: AGO and SC’s RIMUs assist in capacity building for HRM; this includes creation HR databases, management of HRM staff, and assistance in P&G processes. SC: has conducted review of judges competence and developed a set of HRM databases MOJ has prepared training needs assessment (an important planning document) and established training department to manage training activities. Progress in HR reforms to SC: lay the foundations for HR for Judges: in 2008 the MOF has increased salary for judges. In 2009 increasing salaries the SC has reviewed performance of sitting judges and developed an HR database. The HR for civil servants is in progress. The RIMU has been created. The eligibility review of SC departments is 70% completed. HRD has been staffed and trained; positions for the rest of department have been advertised. The P&G reform of the SC will be completed by December 2011. AGO: AGO HRD has been staffed and trained and eligibility review of AGO prosecutors has been conducted 50% of P&G reform will be completed by December 2011. 6 12. As for the HRM for judges, a part of the reforms have been implemented by the SC with the help of other donors (e.g. development of HR database) and the MoF has increased judges’ salaries. Similarly, the impact of the project has been enhanced through donors’ support in area of PRR reforms (AS International advisor in SC and AGO), access to legal information (USAID financed legal Indexing), legal aid and legal outreach programs (JSSP and EC financed team of advisors in MoJ).1 Hence the impact that the funding disbursed to date has been greater than anticipated. The implementation of the remainder high priority contracts is in line the requirements necessary to achieve the project DO. PROPOSED CHANGES 13. The proposal seeks: a. an extension of the closing date, b. the cancellation of some of the outstanding grant amount, c. a new implementation schedule in line with the Action Plan developed by the Government. 14. It does not seek any changes to the Project Development Objectives, the Results/indicators, the Components, Safeguards, Institutional arrangements, financial management or procurement related aspects of the project (beyond those relating to implementing the high priority contracts identified in line with current operational procedures). (I) WORK PLAN FOR THE EXTENDED PROJECT PERIOD 15. The PSU has submitted an Action Plan for the extended project period. While the Action Plan aims at completing project activities by December 30, 2011, the risk exists that some slippage may occur due to security conditions. Should that happen, the phase II Justice Sector Reform Project, which is scheduled to go to the ARTF Management Committee in January of 2012, would provide funding support to enable completion of those project activities that remain incomplete by December 30, 2011. The Action Plan is provided at Attachment 1 (II) TABLE OF HIGH PRIORITY CONTRACTS TO BE EXTENDED 16. The table below sets out the high priority contracts and applicable financing requirements that the task team, in consultation with the Government, recommends extending: 1 None of these donors’ interventions were known at the time of project preparation. 7 Implementing Project Activity Costs ($) Procurement Plan Ref Agency Rating 1. Operating costs CS 115, 130-134; 136-139, MS and technical 141 assistance (TA) for the Reform SC, AGO Implementation and Management Unit (RIMU) in the AGO and SC 2. Training of 150,000 S SC Judges 3 Gathering of 150,000 CS113 S SC Judges 4. TA for Training 55,000 CS 149,151-152 MOJ S Management G 66 Unit in MOJ (completion of a Training Needs Assessment) 6. Printing and 290,000 G 37,64 MOJ S distributing laws 7. Operating costs 385,000 CS 23-24; 37-44; 119-128 SC, MOJ, S and TA for G 27,61,68, 75 AGO central and provincial libraries of all JIs (including training, additional purchase of books and legal materials) 8. TA for rolling 189,000 G 47 - 48B AGO S out legal forms for case management to the provincial offices of AGO 9. Completion of 350,000 CS 35 MOJ MS the Design,& Supervision of the construction of MoJ HQ 10. Completion of 775,000 W 12 AGO MS Power and Water Utilities for AGO HQ 11. Construction of 585,000 W 3, 4 SC S court houses in Baghlan and Herat Provinces 12. Completion of 580,000 It is paid from incremental MOJ, AGO MS renovation operating cost projects (under the maintenance fund) of the AGO and MOJ facilities* 8 13. ICT and ICT 180,000 CS 15 AGO S Network Assessment *Renovation of MoJ HQ 1; Renovation of MoJ HQ2, Renovation of MoJ HQ Dining Corner; Repair of windows and installation of window treatment in Kabul old AGO HQ 17. Activities under 1-8 are to improve human capital of JI and their capacity to manage human resources: (1) RIMUs offices support HR departments and facilitate Pay & Grading reforms. This reform should lead to the increase of salaries of legal professionals. It is a stepping stone to all HR reforms in the system. RIMUs will continue operate under Phase 2. (2) Training for judges is to improve essential skills of sitting judges (key prerequisite for court based service). The activity is to complete the program which has started in 2009. (3) This would be the second gathering (after a prosecutorial gathering). The purpose of this activity is to help JI to build a sense of “legal fraternity” which is a base for professional ethics and morale. Small by scope and finances this activity is essential for the creation of effective judiciary. Phase 2 plans to build on and continue in this approach to behavioral change in justice sector. (4) Under the extension the MoJ will carry out workshops and consultations to finalize a training needs assessment; assist in developing a training database; and equip (modestly) a training unit. All the above is critical for the MoJ’s capacity to plan and execute its training. (5) The legal libraries are to give to legal professionals an access to basic legal materials, information and knowledge. Such access is essential for any form of decision-making. During the proposed extension, the project, in addition to financing regular operating costs of the libraries, will support training of all librarians and the purchase of the residual packages of books. The libraries will operate and likely expand under Phase 2. (6) See also legal libraries. During the extension the MoJ will finalize procurement and distribution of two packages of legal materials to provincial and district offices. (7) This is very important activity as it introduces regularity, uniformity, effectiveness and transparency into work of prosecutors. The hardest part of the project has been already completed. During the extension the AGO will work with its provincial offices to improve their work against the above principles. If successful this activity should improve quality of service of prosecutors. 18. Activities under 9-14 are to improve physical infrastructure. Under these contracts, the JIs intend to complete construction or repair of the buildings. It is understood that physical infrastructure is not sufficient for a massive change that is necessary to make justice sector functional. Yet infrastructure is an absolute precondition for any operating system. The construction projects are scheduled to be completed by the end of the extension. Under (13), the AGO will complete IT assessment. The assessment is critical instrument for planning IT based reforms which contribute to effectiveness and transparency of prosecutorial processes and business operations. 19. Activities under 15 and 16 are to make people aware of their rights and make sure that the most needed defendants are aided by the help of qualified lawyers. This is the most critical package of all for the achievement of DO. If implemented this package increases by 200% delivery of legal aid and upgrades capacity of MoJ to 9 manage legal services. It will generate information (an evaluation report) critical to shaping legal aid and legal service in general on a countrywide and sustainable basis. Under 17 the project will continue financing the implementation structure which is critical for managing the project under the extension as well as for the Phase 2 implementation capacity. (III) FINANCING: 20. In addition to the high priority contracts above (of US$7.64 million), there are US$3.4 million worth of payments still outstanding for various contracts. 21. Based on the above, the project cost and financing plan will be revised and will simply reflect the implementation of the high priority contracts set out above at paragraph 17 and also the amounts needed to cover outstanding payments. (IV) USE OF PROJECT COST SAVINGS: 22. Although $7.00 million will therefore be cancelled as part of the closing date extension, relevant provisions relating to OP 13.25 “Use of Project Cost Savings” are not applicable since (i) No change in Expenditure Categories is proposed; and (ii) The activities proposed to be financed do not alter the Project Development Objective. Category of Expenditure Allocation % of Financing Current Revised Current Revised Current Revised (USD) (USD) (1) Goods, works, (1) Goods, works, consultants’ consultants’ services, services, 27,750,000 20,750,000 100% 100% training and training and Incremental Incremental Operating Operating Costs Costs (V) CLOSING DATE EXTENSION: 23. In line with the above Action Plan at Annex 1, the closing date will be extended to December 30 2011. OVERALL RATIONALE AND SUMMARY FOR CLOSING DATE EXTENSION (I) GOVERNMENT REQUEST 24. The Ministry of Finance’s (MOF) letter dated June 27, 2011, sets out the request for the extension of high priority activities to December 30 only. It also requests a cancellation of any outstanding funds (for which it gives the Bank authorization to calculate the final amount but, in line with the discussions concerning the 10 restructuring, has estimated the cancellation to be in the region of US$7.23 million). The team has finally calculated that US$7.00 million should be cancelled. (II) APPLICABLE BANK POLICY: 25. The project has already been extended by 18 months. According to OP 13.30, the Bank – in order to ensure successful completion of a project – may extend the closing date if: “(a) the project objectives continue to be achievable; (b) the performance of the borrower and other project implementing agencies is satisfactory; and (c) the borrower has prepared a specific action plan acceptable to the Bank to complete the project.” Rather than grant an extension for all activities, OP 13.30 also provides the Bank with discretion to approve “selected disbursements covering only part of a project to permit (a) implementation of high- priority contracts….” 26. As noted above, the project suffered cumulative delays because of external factors outside Government control. Additionally, the task team believes the project objectives continue to be achievable, that following a dip in performance, the performance of the borrower and other project implementing agencies is moderately satisfactory and satisfactory and that the borrower has prepared a specific action plan acceptable to the Bank to complete the project Annex 1. 27. Due to the time period involved in completing all construction projects under the project, however, the task team only recommends providing an extension for selected disbursements, as outlined above, related to high impact and priority contracts. These high priority contracts will not only bolster the developmental outcomes and impact of phase I of the project but are critical to lay the foundations for the successful development for a second phase Justice Sector Reform Project. The request for an extension is therefore justified but we would recommend that only high priority contracts, and therefore a limited extension, be approved. 28. Under OP 13.50 “Cancellations” the borrower may unilaterally request a cancellation of any loan amount unless the Bank has entered into special commitments on any amount. The Bank may cancel some of the outstanding amount if, after consultations with the borrower, the Bank determines that the loan account contains a surplus not required to finance project costs. 29. By its letter of June 27, the Ministry of Finance has provided the Bank with authority to review the matrix of high priority contracts and to determine the surplus amount. The team has undertaken this task and has determined that at this stage US$7.00 million can be cancelled. This is arrived at on the following basis: a. US$9.71 million has been disbursed to date. b. US$7.64 million will be disbursed against the high priority contracts. 11 c. US$3.4 million in outstanding payments remain for goods works and services already procured. (III) STATUS OF LEGAL COVENANTS: 30. The project is in full compliance with all five legal covenants. There are no overdue audit reports. (IV) RECOMMENDATION: 31. Given that (i) The project development objectives remain achievable with the limited extension (and according to the framework in the Grant agreement have largely been met): (ii) the project is in compliance with legal covenants; (iii) the OPCS policies on extension of closing dates allow for an extension of high priority contracts; and, (iv) an acceptable work program for the extended period has been prepared in order to complete all the high priority contracts by December 30, 2011; we recommend that you approve: a nine month extension for the high priority contracts set out in this restructuring paper from July 1 to December 30 at a total cost of US$7.64 million plus the expenses already incurred up to June 30 – US$3.4 million – for a total of US$11.4million; and a cancellation of the remaining amount of US$7 million. Annex 1 – Implementation Action Plan 1. The Majority of the Actions to be completed during the extension phase of the project relate to ongoing operating costs and technical assistance (in general salary payments), or the completion of packages already under procurement. 2. In order to ensure that all payments are made on time and that all relevant procurement procedures and necessary clearances are completed diligently, the Project Support Unit (PSU) will report to the Bank on progress made in relation to each of the activities and specific tasks/milestones under the project on a monthly basis. This will allow for any unforeseen issues to be remedied swiftly. Activity Task/Milestone Deadline Activity is being executed • Monthly monitoring adequately. The SC and of payments Operating costs and technical assistance (TA) AGO with the PSU will • Bimonthly continue to monitor monitoring of reform for the Reform ongoing payment of progress Implementation and salaries and purchase of Management Units in the minor items (e.g. AGO and SC stationery) and contribution to the HRM reforms 12 This is training for 45 • 3 x training of 15 ( judges in MOJ Training total 45 out of 90) Institute of Egypt. Training judges in Egypt: will be carried out in 3 • 15 June to July groups according to the 31 Training of Judges (SC) agreed schedule. 3 groups • 1 August to 15 have already being trained. September • 15 October to 30 An evaluation report will November be prepared after the • Evaluation report completion of the activity to 20 December with surveys of each group attached. TA for Training This is mainly hiring two • Hiring consultants Management Unit in MOJ additional consultants (at to 30 August (including completion of a evaluation stage) and • Monthly monitoring Training Needs ongoing salary payments of salary payments Assessment) each month. • All workshops to be completed by Training needs assessment September 30 is underway – workshops • Final training needs for provincial staff to be assessment report held. completed by November 30 A small amount of furniture • Equipment procured for the office will be by August 30 procured through shopping • Database operational by November 30 HR database will be completed Operating costs and TA for Only the training element • All training for libraries central and provincial remains for the Supreme for all JI to be completed libraries of all JIs Court (training is to September 30 organized jointly with the • Books purchased by AGO and MOJ) AGO’s office to contract to be signed and September 30 training implemented • Plan to distribute library books to provinces Attorney General’s Office completed and approved opened bids for books to July 31 (6,500) and needs to • AGO and MoJ books finalize procurement distributed to provincial libraries to December 1 AGO and MoJ need to 13 develop a plan to distribute o Letter to JI issued library books, furniture and to June 1 equipment to the provinces o Meeting with heads of JI to Provincial offices are not June 15 being paid due to non- o Meeting with WB compliance with relevant and finalization FM procedures. Therefore: of outstanding • A letter will be issued FM concerns to by the PSU reminding June 30 the JIs what the process o Ongoing is intensive • A meeting will be held monitoring of with the heads of the JIs payments to further discuss any FM related issues • Meeting to be held with the World Bank FM team to finalize any additional queries in this regard. National gathering of National gathering of • Gathering to take judges judges to occur place to October 30 Printing and distributing First volume of laws has Distribution plan laws been printed but need to be developed by July 31 distributed to provinces. • Laws distributed to provinces to Plan to be developed to December 1 distribute laws to provinces • Third package of books procured to Second volume of laws is October 15 under contract; will be delivered to MoJ by July 1, 2011 Third volume of laws -- a specification list under translation TA associated with rolling This activity follows the • Request submitted to out legal forms for case pilot project in the Kabul July 15. management to the Regional Hub. • World Bank review provincial offices of AGO to be completed to Report on pilot is under August 15 preparation • Contract awarded by 14 September 31 Legal forms have been • Forms printed to revised ( as a result of pilot) October 30 • Forms distributed by AGO prepared a request for December 15 NO to the changes in the • File cabinets proposal procured and distributed to Once proposal approved, December 15 bids for printing of forms will be invited evaluated and order for forms will be purchased and approved Meanwhile the file cabinets for the forms will be procured Construction of court Contract schedule suggest Monthly monitoring of houses in Baghlan and that the project can b progress Herat Province completed by October 20, 2011. Maintenance projects The list of project has been Bimonthly monitoring (under the maintenance reviewed and projects fund) of the AGO and MOJ agreed on facilities ICT and ICT Network ICT Assessment is under • Assessment to be Assessment (including the contract. It includes IT started to August 1 purchase and network design and • Specification to be implementation of network specification of equipment. submitted to IT) for AGO September 15 Specification prepared by • Assessment September 15 completed and purchase and Network IT system to be implementation of procured and installed in network IT system line with the proposal to finished to December November 15. 1 Operating costs and TA for Awaiting Bank NoL to • Contracting of NGO legal aid offices (including subcontracting of service to by June 15 under subcontracting service to NGO. Technical and single source private lawyers and NGO financial proposals and selection. and preparing an Legal aid draft contract to then be 15 evaluation report) finalized. • Proposal for evaluation to be Proposal for legal aid completed by June 1 evaluation report to be • Procurement of firm completed. Once proposal to undertake is finalized, procurement of evaluation to be firm to be undertaken and completed by July 30 assessment implemented. • Evaluation completed by December 1. Operating costs and TA for Legal Outreach material to legal outreach be printed and delivered to Material to be printed provinces and delivered by November 30 Broadcasting of radio and TV sports • Broadcasting of radio and TV spots commenced in September and finished by November 30 Operating costs and TA for Ongoing PSU Costs Monthly monitoring of costs Implementation capacity 3. In addition to the above specific activities and tasks, there are two cross cutting issues which have affected project implementation. These are the weak capacity to undertake procurement and financial management (FM) effectively. 4. While the action plan notes some specific interventions related to specific activities where procurement and financial management related problems are the main cause of delay in implementation to date, the following three cross cutting actions will also be undertaken to ensure that procurement and financial management related concerns and bottle necks are remedied: a. Review of current FM processes and procedures by World Bank FM staff to identify key bottlenecks. Rapid implementation of suggested changes. b. Training for evaluation committees at the Justice Institutions by the procurement experts in the Project Support Unit in how to effectively undertake evaluations of bids and proposals. c. Immediate reporting by PSU on any issues arising in relation to the above. d. Informing POC about the Action Plan 16 e. Sharing with POC monthly progress reports. 17