INTEGRATED SAFEGUARDS DATA SHEET
CONCEPT STAGE
Report No.: AC3981
Date ISDS Prepared/Updated: 10/15/2008
I. BASIC INFORMATION
A. Basic Project Data
Country: Peru / Project ID: P110752Project Name: Justice Services Improvement Project II
Task Team Leader: Lisa Bhansali
Estimated Appraisal Date: / Estimated Board Date: July 27, 2009
Managing Unit: LCSPS / Lending Instrument: Specific Investment Loan
Sector: Law and justice (100%)
Theme: Access to law and justice (P);Judicial and other dispute resolution mechanisms (P);Legal institutions for a market economy (S)
IBRD Amount (US$m.): 20.00
IDA Amount (US$m.): 0.00
GEF Amount (US$m.): 0.00
PCF Amount (US$m.): 0.00
Other financing amounts by source:
Borrower 0.00
0.00
B. Project Objectives [from section 2 of PCN]
The main objective of the proposed Justice Services Improvement Project II (the “Project”) is to support a coordinated introduction of oral proceedings in justice administration among 5 agencies (i.e. Judiciary, Ministry of Justice, AGO, Judicial Council and Judicial Academy) and expand the activities under the first Justice Services Improvement project which were limited to only 10 judicial districts. The Project will focus on modern judicial service delivery and human resources management, as well as increased access to justice to include the remaining 19 judicial districts of Peru.
C. Project Description [from section 3 of PCN]
The Project’s design will build on ESW and other Bank diagnostic work, lessons from previously approved projects, including on-going JSDF and IDF grants relating to the justice sector and the country’s broader governance structures. This includes the JSDF with the Catholic University on legal education and the IDF with the Peruvian Congress on monitoring and evaluating the quality of the budget preparation and execution. The Project also reflects collaboration with other donors, including the Inter-American Development Bank (IDB), GTZ, European Union, and civil society organizations. Certainly the Project will not be able to address all of the sector’s deficiencies, but rather seeks to define and narrow its scope to those areas where there is greatest need for Bank assistance and where we can expand on already achieved impacts, such as improved inter-institutional coordination, decentralized service delivery and support for legal services to poor communities.
The following is a preliminary description of the Project’s components:
(1) Improvement of Justice Service Delivery component: Based on performance assessments of model systems piloted in various cities under the first project, the Project will assist the participating agencies in implementing the new oral procedures, including modern court management systems. This will enable optimal court productivity while protecting due process guarantees. A major contribution of integrated management systems will include the creation and maintenance of statistical information generated by judicial districts and specific justice sector offices. This information will then be used to inform institutional decision-making, including budget preparation, as well as contribute to joint decisions on the sector’s development. This component will also include the design of other management tools to improve performance based on demand and enhance transparency and knowledge about the justice system.
The first Justice Services Improvement Project also included the design and implementation of a judicial management course (gestión judicial) which is now required for judges and administrative staff alike. The staffs of the 4 agencies participating in the first project (Judiciary, Ministry of Justice, Judicial Council, and Judicial Academy) have also jointly undergone training sessions and now prepare work plans for their specific institutions on how best to meet user demands, often sharing information about a particular problem or a specific geographic area with the others.
(2) Human Resource Professional Development component: The Project will assist the Judicial Council, Judiciary, Judicial Academy and AGO to recruit and retain quality personnel and provide them with appropriate professional development. This will include the use of modern concepts of human resources planning and performance, such as the use of performance based management. It will also help the justice sector to enhance its capacity in the areas of budget preparation and expenditure management. This component will also continue to support for the Judicial Academy to be able to develop a focus different from traditional judicial education programs and which will include making modern training techniques a part of sustainable reform. Local realities and the preferences of judges, prosecutors and court staff will be taken into account through participatory consultations, and economic and social issues such as the new oral process will be given preference
The first Justice Services Project provided the necessary support to design a methodology which now permits the Judicial Council to evaluate judicial decisions, based on a consensus of quality standards with the Judiciary. And, all 4 agencies worked together to seek passage of the ‘judicial career’ bill to professionalize standards at various levels of judicial administration (from justices of the peace to members of the Supreme Court).
(3) Enhanced Access to Justice: This component will focus on strengthening the capacity of the Ministry of Justice, the Judiciary and the AGO as well as the practicing Bar to conduct cases under the new CPC and introduce oral proceedings more broadly. Due to varying levels of preparedness in terms of experience with prior reforms and priorities of local judicial staff and users in diverse communities, this component will be structured as a “menu” of potential activities, including scaling up the services of ALEGRAs (Asistencia Legal Gratuita or legal aid centers administered by the Ministry of Justice in conjunction with municipalities) as begun under the first Justice Services project. The Project will use annual work programs to determine the amount and sequencing of such activities, including minor infrastructure (rehabilitation of common physical service areas), equipment and training to connect relevant agencies and maintain common data for indicators to identify areas in need of attention. This component will also scale up the activities in support of the ODIGMAs, the decentralized offices of the OCMA (Judiciary’s internal anticorruption office) and expand outreach effortsto the media, general public and users about the functioning of Peru’s justicesystem.
4) Project Management component: This component seeks to continue and strengthen the project coordination, financial management and procurement, as well as monitoring and evaluation capacities within the Judiciary to jointly implement the Project on behalf of the 5 participating agencies. The first project’s Operations Manual will be updated to make adjustments from lessons learned (e.g. having participating agencies transfer individual agency budgets or funds to the PCU so that providers need only need receive one payment, rather than an 80/20 split) and to include the particularities of the AGO as the additional agency.
D. Project location (if known)
As per the above, the Project will focus on the judicial districts not covered by the first Justice Services Modernization Project (which was limited to 10 judicial districts), i.e. the remaining 19 judicial districts of Peru.
E. Borrower’s Institutional Capacity for Safeguard Policies [from PCN]
The Task Team is already working with the Government to specifically include the views, needs and rights needs of indigenous peoples and women. Although the first project did not trigger the safeguards policy, and it is not envisioned to do so in the repeater project, given the make-up of Peru’s population, the teak team sought guidance from the ESSD specialist. If the safeguard is deemed to be triggered, the Borrower does have the necessary capacity through the Ministry of Justice (a project counterpart) to ensure that the assessment is carried out in accordance with the Bank’s norms and procedures.
F. Environmental and Social Safeguards Specialists
II. SAFEGUARD POLICIES THAT MIGHT APPLY
Safeguard Policies Triggered / Yes / No / TBD /Environmental Assessment (OP/BP 4.01) / X
OP 4.01 will be triggered and environmental management guidelines prepared for the contractors undertaking the minor office rehabilitation under component 3. Despite triggering 4.01 the minor rehabilitation is consistent with the C environmental impact classification.
Natural Habitats (OP/BP 4.04) / X
Forests (OP/BP 4.36) / X
Pest Management (OP 4.09) / X
Physical Cultural Resources (OP/BP 4.11) / X
Indigenous Peoples (OP/BP 4.10) / X
A social analysis will be undertaken to determine how the proposed reforms to the formal legal system interact with the customary justice system more commonly used by indigenous peoples; the appropriate planning instrument will be prepared and (a) social development specialist(s) will be involved from the outset.
Involuntary Resettlement (OP/BP 4.12) / X
Safety of Dams (OP/BP 4.37) / X
Projects on International Waterways (OP/BP 7.50) / X
Projects in Disputed Areas (OP/BP 7.60) / X
Environmental Category: B - Partial Assessment
III. SAFEGUARD PREPARATION PLAN
A. Target date for the Quality Enhancement Review (QER), at which time the PAD-stage ISDS would be prepared: 12/04/2008
B. For simple projects that will not require a QER, the target date for preparing the PAD-stage ISDS: 12/19/2008
C. Time frame for launching and completing the safeguard-related studies that may be needed. The specific studies and their timing[1] should be specified in the PAD-stage ISDS.
February 2009
IV. APPROVALS
Signed and submitted by:Task Team Leader: / Ms Lisa Bhansali / 10/15/2008
Approved by:
Regional Safeguards Coordinator: / Mr Reidar Kvam / 10/15/2008
Comments:
Sector Manager: / Mr Nicholas Paul Manning / 10/15/2008
Comments:
[1] Reminder: The Bank's Disclosure Policy requires that safeguard-related documents be disclosed before appraisal (i) at the InfoShop and (ii) in-country, at publicly accessible locations and in a form and language that are accessible to potentially affected persons.