Description of JIFF

The development objective of the JPP is based on the Judicial Reform Strategy (formally Resolution 49-NQ/TW of the Politburo of the Communist Party of Vietnam on the Judicial Reform Strategy to the Year 2020):

A capable, ethical, democratic and rights-protecting justice sector developed

The overall objective is supported by three purposes:

1) Justice sector state institutions strengthened in their efforts to implement judicial reforms

2) Empowerment of a self-managing Vietnam Bar Federation and lawyers supported

3) Capacity of Non-Government Organizations to contribute to awareness of rights, access to justice and judicial reforms enhanced

The JPP is the result of a decision of the European Commission, Sweden and Denmark to harmonize their efforts to support justice sector reform in Vietnam.

The JPP will address challenges in strengthening laws and policies by supporting the implementation of the Judicial Reform Strategy (JRS). The programme will also facilitate policy dialogue between state institutions and the development partners. The programme covers the full spectrum of justice sector actors, from the state institutions providing judicial services to individuals and groups benefitting from rights, justice, equity and quality in the provision of such services.

The JPP includes three components:

1.    Support to state institutions in implementing the JRS (implemented by the Supreme People’s Court, the Supreme People’s Procuracy and the Ministry of Justice).
2.    Support to the Vietnam Bar Federation (implemented by the VBF but with funds handled by a fund manager until the Vietnam Bar Federation is fully operational).
3.    Support to Non-Government Organizations and Initiatives (implemented by a fund arrangement).

Objectives and Components
The development objective of the programme - A capable, ethical, democratic and rights-protecting justice sector developed - is an abbreviated version of the overall JRS (Resolution 49) objective, and is in alignment with the general Government and Party objective of building a rule of law state.

Under Component I, “Justice sector state institutions strengthened in their efforts to implement judicial reforms”, the programme will support three purposes abbreviated from the JRS orientations:

1.    Judicial procedures improved to ensure they are consistent, democratic, transparent and respect human rights.
2.    Judicial organs and judicial support institutions re-organized and strengthened.
3.    Capacity of judicial staff, support staff, lawyers, legal aid providers, and other categories of justice sector professionals and actors strengthened.

Three key state institutions: the Supreme People’s Court (SPC), the Supreme People’s Procuracy (SPP), and the Ministry of Justice (MoJ) will receive institutional support to implement their respective tasks and priorities under the JRS.

Under Component II, “Empowerment of a self-managing Vietnam Bar Federation and lawyers supported”, the Vietnam Bar Federation (VBF) will be supported to create and put into place norms and structures for self-management and regulation of the profession. The VBF will receive support to assert itself as articulator of professional common interests and views, and to organise training for aspiring and already active lawyers.

Under Component III, “Capacity of Non-Government Organizations to contribute to awareness of rights, access to justice and judicial reforms enhanced”, the programme will provide application-based support to Non-Government Organizations to facilitate a range of initiatives relevant to law and justice. The initiatives may have a bearing on enhancing popular awareness of the rights and opportunities the law and justice system provide; enhancing understanding of judicial reforms through research; enhancing dialogue and information sharing on matters relevant to judicial reforms; and improving access to independent legal advice and aid. Special attention will be paid to vulnerable groups in society and women.

Support to Non-Government Organizations and Initiatives

The Non-Government Organizations and Initiatives component will be supported through a challenge fund called the Justice Initiatives Facilitation Fund (JIFF).

Issues and challenges
The most important beneficiaries of justice as dispensed by the justice system are the individual and the population at large. The JRS stresses that the country needs and wants to engage its population in the process of reforming the justice system. To these ends, the JRS indicates areas of intervention:
•    Promoting the people's ownership of judicial activities.
•    Strengthening legal advocacy, dissemination, and education.
•    Continuously improving every citizen's legal knowledge and consciousness of living and working in compliance with the Constitution and law.
•    Ensuring that the Fatherland Front and its member organisations fulfil the task of encouraging people to detect the constraints and shortcomings of judicial organs and request these organs to redress and correct them.
•    Enhancing the role of the mass media in advocating for and disseminating information about judicial activities.

The term Non-Government Organization (NGO) as used in this document encompasses a range of entities with different status and orientation, among them mass organizations, socio-professional organizations, social associations, academically oriented constellations such as think tanks and research centres, as well as other actors recognized under Vietnamese law.

In the legal and judicial spheres, NGOs (also including law offices and universities) are regarded as particularly important as supporters and providers of legal information dissemination, legal aid and alternative dispute resolution (ADR). Some organizations, community groups, universities, lawyers’ association and law offices are in fact already playing an increasingly important role nationally or locally in such matters. Some such entities also serve as or take part of Legal Consultancy Centres and Conciliation Teams or Group.

Topically, the JIFF could support information and education activities by NGOs directed at vulnerable groups (women, children, ethnic minorities, et al) or the population at large on their rights and how to access them through the justice system. The JIFF could also support research and publication of research products on different topics pertaining to the judicial system and reform thereof. It could similarly support activities to bring about and support discussion and exchange of experiences on the performance of the judicial system and the efforts to reform it. Finally, the JIFF could provide core support to organizations with a mission highly focused on matters relevant to the judicial system and reform, a good track record, a sizeable outreach, and appropriate management.

JIFF will support partners in the following ways:

•    Support of grant applications: Core Funding Grants (multi-annual and against an organisations strategic plan), Small Project Grants, Research Grants, and substance related Technical Assistance and Capacity Development Grants.
•    On a needs basis; provide technical assistance of capacity development to grantees in the areas of governance, project management, administration, financial management, accounting, procurement, reporting and/or any other requirements

Key results areas and inputs
The Key Result Areas for the component has been developed in consultation with non-government sector representatives and key programme stakeholders. The overarching principle is that the activities are targeted vulnerable groups and aimed at providing knowledge and lessons learned in respect of judicial reforms. The Key Result Areas represent the four categories to which applications for support from the JIFF must relate. Funds will be made available on a demand basis as grant funds for specific projects, core funds for the running of an organization, or capacity development grants.

Non-Government Organizations Key Result Areas, Indicative Activities and Inputs
Purpose: Capacity of Non-Government Organizations to contribute to awareness of rights, access to justice and judicial reforms enhanced
1.    Popular awareness of the rights and opportunities the law and justice system provide enhanced    Inputs:

1.    Funds channelled through a grants/ basket fund

2.    Administration and capacity development through a fund manager
2.    Access to independent legal advice and aid improved   
3.    Understanding of judicial reforms through research enhanced   
4.    Dialogue and information sharing on matters relevant to judicial reforms enhanced   

Key result areas one and two are designed to improve access to the existing legal set-up and system, and address demand and supply dimensions of the system. The provision of legal advice and aid will be targeted at those areas or groups most vulnerable, whereas the popular awareness activities may have many forms and channels, for example mass media, NGOs etc. The award of grant funds will be based on applications.

The third and fourth key result areas are closely related to the conceptualization or scholarly understanding of judicial reforms, as well as understanding and making the most of the dynamics that comes from dialogue and information on reforms, including successes, challenges, and lessons learned.



Annex A: Cross-cutting Issues and Priority Themes
1.1    Human Rights and Rule of Law
The Vietnamese Communist Party and Government have expressed commitment to enhancing the respect for human rights and rule of law in the justice sector (expressed through SEDS, LSDS, JRS and other documents, as well as recent amendments to the Criminal Code whereby the death penalty was abolished for several crimes). The JPP seizes on this commitment. For example, the JPP orientation to improve criminal and civil policy and legislation, as well as judicial procedures, is designed to support state and non-government actors in promoting human rights objectives towards internationally recognized standards.
1.2    Gender Equality
Aspects of gender will be mainstreamed throughout the JPP. The programme relates to women in a holistic approach as well as pinpointing elements of access to services and human resources challenges faced by women in various justice sector institutions and professions. Issues documented are presented in Annex D.

Gender-specific indicators have been included in the programme logframe to assist in monitoring gender impacts and gender equality issues. The indicators would have to be interpreted with potential alignment with laws, decrees and strategies on gender equality to be issued in the coming years by Vietnamese authorities with the support of donor community.

In summary, the programme will seek to address gender inequalities by the following measures:
•    Support to legal aid through government and Non-Government Organizations to address the need of marginalized sections of society, as well as to ensure equal access to legal aid services for women and men. Criteria for accessing programme funds for legal aid will take into consideration equal access for men and women.
•    Gender mainstreaming as funding criteria for the support to NGOs initiatives. As part of the criteria for accessing funds, the NGOs will be required to have mainstreamed gender equality in their plans and proposals, so as to ensure that activities undertaken, whether pertaining to awareness, research, or legal service provision take into account gender equality when possible.
•    Human resources management policies. In dialogue with the supported institutions, the funding partners will advocate gender mainstreaming, particularly in relation to the revision of human resources policies, provision of training, introduction of merit based promotion, etc., as per the JRS. If gender inequality is identified in HR management this should be addressed by using TA or capacity building specifically targeting the work of equal access to opportunities.
•    Supported institutions will be required to take into consideration gender mainstreaming in the development of Capacity Development Strategies, ensuring equal access to training and related capacity development opportunities funded by the programme.
•    The TA support for all components will allow for timely gender equality expertise, during and after inception, to facilitate inclusion of gender issues in the planning and implementation of different activities.

Monitoring of gender impacts and achievements would mainly be done through specific indicators in the logical framework. Hence, data collection will be done during the JPP inception phase to serve as baseline comparison and improvement on:
•    The need for legal aid and service delivered.
•    The number of women in staff and position in justice sector institutions including the VBF.
•    The number of women lawyers.

The baseline data would serve the institutions to come up with targets and align with up-coming legal text and national strategies.

The presence and evaluation of gender mainstreaming policies in justice sector institutions, including the VBF and its membership, will be documented. Reviews and evaluation by Steering Committees and external teams will provide more insights on the achievements as well as opportunities to restate and reinforce the principle of gender equality.
1.3    Environment
The programme is not envisaged to have any direct environmental impact. However, training provided to justice sector professionals and non-government representatives, as well as elements of the legal advice and aid provided under the Non-Government Organizations component, may involve issues related to land rights or the environment. Such support, if provided, should be seen and granted in context of judicial reforms and not as stand-alone provisions.
1.4    HIV/AIDS
A principle objective for the programme will be to promote individual and human rights, including the right to non-discrimination. This right is particularly relevant in a fair trial context, which calls for judicial procedures which are non-biased to the stigmatization of people living with HIV/AIDS. More specifically, the programme will ensure that special attention is provided to the provision of legal aid and advice, as well as the promotion of access to justice for marginalized sections of society, including people living with HIV/AIDS.
1.5    Non-Government Organisations
The programme identifies Non-Government Organizations as important advocates and service providers (legal aid, advice, etc.) in the justice sector. This is appreciated through component three where non-government entities may apply for core funding or funds to realize shorter projects, initiatives and activities, for example pilot projects, research, publishing of research results or information materials, organization of and participation in conferences and workshops etc.
1.6    Private Business Sector
The programme addresses and promotes the private business sector in several ways:
•    Transparent and effective laws and judicial institutions promote private sector development by reducing transaction costs, improving investor confidence, etc.
•    An independent and effective bar is a critical facilitator of business transactions and protector of business and commercial interests.
•    The establishment of the VBF and the provision of professional legal services on a commercial basis is a branch of business in itself.

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