Presentation to Portfolio Committee on Justice and Constitutional Development By

1. DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT Access to Justice & Awareness of Constitutional Rights Programme Presentation to Portfolio Committee on Justice and Constitutional Development By DOJ&CD and Foundation for Human Rights 21 July 2010

2. Context for the Access to Justice and Promotion of Constitutional Rights Programme DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT • Commitment since 1996 by the SA Govt to “redressing inequalities and improving the lives of its citizens, through promoting and entrenching a human rights culture” coupled with the recognition that an engagement with civil society is a necessary prerequisite to strengthening democracy • This commitment has translated into government ensuring that a % of all development aid received is used to fund and strengthen Civil Society • Access to Justice and Promotion of Constitutional Rights Programme was developed under the Framework of the joint EU/SA Country Strategy Paper (CSP) and National Indicative Plan(NIP), which sets out South Africa’s development strategy for the period 2007-2013 2

3. Department of Justice and Constitutional Development(DOJ&CD) DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT • Department of Justice and Constitutional Development(DOJ & CD) is central to this goal given its mandate : “Justice and Constitutional Development, Promoting Human Rights and Access to Justice for All” with a particular emphasis on vulnerable and marginalized communities • The DOJ&CD’s commitment to supporting civil society finds concrete expression in the new “Access to Justice and Promotion of Constitutional Rights” Programme

4. Department of Justice and Constitutional Development (DOJ&CD) DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT • In 2007, the Department of Justice and Constitutional Development(DOJ&CD) developed a policy framework to engage civil society as a partner in its premised on the notion of “building a better life for all” • Civil Society Framework provides for: • Strengthening civil society organizations that promote, protect and advance human rights, particularly those giving special attention to the needs of the most vulnerable and marginalized • DOJ&CD’s commitment to supporting the civil society finds concrete expression in this new Programme • DOJ&CD partners with the Foundation for Human Rights in implementing this programme 4

5. The Foundation for Human Rights(FHR) • The FHR was established in 1996 by President Mandela on behalf of the newly elected Government of South Africa and the European Union as an independent grant-maker to civil society to implement a joint EU/SA Human rights programme • The process was facilitated by Former Justice Minister Dullah Omar on behalf of the South African Government with DOJ&CD becoming the sponsoring department for FHR • The FHR successfully implemented two programmes between 1996 and 2007 which were funded by the EU and disbursed more than 300 million rand to civil society supporting more than 1400 projects nationally DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT 5

6. Sector Budget Support DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT • Programme is funded by the EU under Sector Budget Support. • Agreements by Governments on Sector Budget Support In 2005 the Paris Declaration on Aid Effectiveness and the Abuja Declaration directed that development aid should be directed at funding the recipient government’s policy priorities • Sector Budget support is a funding mechanism which provides for funds to be channelled directly from one government to another to support government policy and development. 6

7. Access to Justice and Promotion of Constitutional Rights Programme • Important facts about the new programme: • 25 million Euros over 36 month period • 20 million Euros implemented by FHR in partnership with DOJ&CD • 5 million Euros is directly managed by the EU who put out a Call for Proposals in September 2009 DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT 7

8. Aims and Objectives of the Programme • Aim of the Access to Justice and Promotion of Constitutional Rights Programme is to contribute to the promotion, protection and realization of rights established in the Constitution through three key pillars: • Improving access to justice • Raising awareness of rights • Strengthening participatory democracy. 8 DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT

9. Thematic Principles that underpin the programme DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT • Programme takes account of the following principles: • The impact that Human Rights can have on poverty and inequality • The importance of the ‘Equality’ legislation in restoring dignity in accordance with the Constitution • Addressing civil and political rights as well as socio-economic rights • Addressing Racism, Racial Discrimination and Xenophobia and other related intolerances • Advancing Women's equality • Mainstreaming a ‘Rights based’ Approach (PANEL) • Participation • Accountability • Non-discrimination • Empowerment • Linkages 9

10. Results Based Programme DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT • The Access to Justice Programme is a results based programme and sets out three Key Performance Areas(KPAs) • Improved Access to Justice • Building greater awareness and knowledge of rights • Enhanced Participatory Democracy • Each KPA has a set of indicators which must be met called Key Performance Indicators(KPIs)-set out in tables • Huge emphasis on meeting the key performance Indicators 10

11. DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT Key Performance Indicators (Access to Justice)

12. DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT Key Performance Indicators (Access to Justice Cont.)

13. DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT Key Performance Indicators (Awareness Raising)

14. DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT Key Performance Indicators (Participatory Democracy)

15. DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT • 12 March 2010- Publication of the first round of Calls for Proposals and Expression of Interest in the media(Mail & Guardian and Sowetan) and on FHR website. • 14 March 2010 –Publication followed in the Sunday Times and City Press. • The DOJ&CD has a link on its website referring browsers to the published Calls on the FHR website • There is also a link to the GCIS website

16. DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT • Establishment of ‘new’ Community Advice Offices • Closing Date : 26 April 2010 • Focus of this Call • The Programme is committed to ensuring that vulnerable groups have access to justice, especially in rural and urban poor areas. Advice offices provide essential services in this regard for communities and this Call is intended to provide support for more of these structures to be established. • The FHR is required in terms of the Financing Agreement to establish 45 new advice offices by the end of March 2012.

17. DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT Grants - Calls for Proposals • Strengthening Democracy through building the Capacity of Civil Society: • Closing Date: 14 May 2010 • Focus of this Call • This Call seeks to support partnership projects in which well established CSOs, with a successful track record in the human rights field, partner with CSOs based in rural and disadvantaged urban areas, to implement capacity building programmes that share experiences, knowledge and skills. • Indicator • The Programme requires building the capacity of 2400 CSO staff by the end of March 2012.

18. DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT Services - Calls for Expression of Interest Restorative Justice • Closing Date: 28 April 2010  • Focus of This Call • A fundamental challenge for the legal system is to find ways to effectively mobilise the involvement of civil society, while at the same time protecting the rights and interests of victims and offenders; • Indicator • The Programme requires the diversion of 7600 cases to Alternative Dispute Resolution by the end of March 2012.

19. DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT Services - Calls for Expression of Interest Human Rights Awareness • Raising Awareness through Events and Campaigns: • Closing Dates : • For events/campaigns scheduled: for the period June - August, 15 May 2010; for the period September - November, 30 June 2010; scheduled in December, the 30 September 2010.  • Focus of this CallThe focus of this call is to support civil society organisations in raising awareness of constitutional rights, as well as legislative measures designed to promote and protect the rights of citizens; • Indicator • The Programme requires the signing of 120 Service Level Agreements by the end of March 2012.

20. DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT Services - Calls for Expression of Interest Refugees, Asylum Seekers and Undocumented Migrants Benefitting from community support services; • Closing Date: 30 April 2010 • Focus of this Call • South Africa, like many other countries, is experiencing an inflow of refugees, asylum seekers and undocumented migrants for both economic and political reasons; • Programme requires the benefitting from community support services to 35000 Refugees, Asylum Seekers and Undocumented Migrants by the end of March 2012.

21. DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT Services - Calls for Expression of Interest Participatory Democracy • Public Policy Dialogue • Closing Date: 3 May 2010; 30 June 2010; 17 Sep 2010 • Focus of this Call: • One of the key challenges to realising participatory democracy is the lack of systematic, dynamic and meaningful policy dialogue between civil society and government on human rights issues which, if properly managed, could potentially lead to an avoidance of conflict and the breakdown of relationships between government and civil society; • The Programme requires FHR to facilitate the participation of 150 targeted CSOs in public policy dialogues by the end of March 2012

22. DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT Principles that underpin Process • Equality of Opportunity All eligible parties should have an equal opportunity to apply • Transparency The entire Calls for Proposals Process must be completely transparent to all • Fairness Above all, the process should be fair and should be seen to be fair. All applications received are assessed in accordance with the principles of transparency and fairness to avoid any conflict of interest.

23. Evaluation List Successful Applications referred to PMU for due diligence Rejection Letter for unsuccessful Letter sent to successful applicants advising of grant and due diligence Areas of improvement identified Due diligence report referred to PMU for appraisal Final list of successful applicants prepared and referred to legal unit Grant Contract Payment

24. Call is published and widely disseminated On-line Application Form Applications received after the deadline are disqualified from process List of applications that are eligible for screening is available First Screening Assessment process List of proposed applications for evaluation process

25. Status Report on Calls DEPARTMENT OF JUSTICE & CONSTITUTIONAL DEVELOPMENT • Opening Ceremonies have been held for all of the Calls presided over by the Head of Donor Co-ordination • Assessment Process completed for Advice Offices, Refugees and Capacity Building - these will now be referred to an Evaluation Committee • Assessment Process in progress for Human Rights Awareness activities and Participatory Democracy.