HIV-related Legal Services Project in Papua New Guinea
Mid–term review of the first phase
June 2011 report
2 Acknowledgements
This report was prepared by Mr. Asela Kalugampitiya, IDLO Monitoring, Reporting and Information Officer. The report was edited by Ms Alexandra Keenan.
Technical and financial support to the project is provided by IDLO. The IDLO HIV Law project in PNG is supported by Australian Aid and OPEC Fund for International Development (OFID). OFID is the development finance institution of OPEC Member States, established to provide financial support for socio-economic development, particularly in low-income countries.
Disclaimer
The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of IDLO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.
IDLO does not warrant that the information published in this publication is complete and correct and shall not be liable for any damages incurred as a result of its use.
© IDLO 2011. All rights reserved. This material is copyrighted but may be reproduced by any method without fee for any educational purposes, provided that the source is acknowledged. For copying in other circumstances or for reproduction in other publications, prior written permission must be granted from the copyright owner and a fee may be charged. Requests for commercial reproduction should be directed to the International Development Law Organization.
Version: 25 October 2011
Published by:
International Development Law Organization
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3 www.idlo.int
TABLE OF CONTENTS
1. EXECUTIVE SUMMARY ... 6
FINDINGS ... 7
RECOMMENDATIONS ... 9
2. INTRODUCTION ... 11
3. PURPOSE OF THE REVIEW ... 11
4. METHODOLOGY AND THE PROCESS... 12
5. OVERVIEW OF THE PROJECT ... 13
6. FINDINGS ... 15
7. RECOMMENDATIONS ... 19
ANNEX 1 - GENERAL TERMS OF REFERENCE (TOR) ... 22
ANNEX 2 – PEOPLE INTERVIEWED ... 26
ANNEX 3 – DOCUMENTS REVIEWED ... 28
4 ACRONYMS
AIDS Acquired Immune Deficiency Syndrome APMG AIDS Projects Management Group ARV Anti-retroviral (therapy)
CSO Civil Society Organization FGD Focus Group Discussions
HAMP Act HIV/AIDS Management and Prevention Act 2004 HIV Human Immuno-deficiency Virus
IDLO International Development Law Organization IEC Information, Education and Communication KAP Key Affected Populations
LTI Legal Training Institute M&E Monitoring and Evaluation MSM Men who have Sex with Men NACS National AIDS Council Secretariat NGO Non-Governmental Organization
OFID OPEC Fund for International Development OPS Office of the Public Solicitor
PALJP Papua New Guinea Legal and Justice Partnership PLHIV People Living With HIV
PNG Papua New Guinea
PNGDLA Papua New Guinea Development Law Association TOR Terms of Reference
UNFPA United Nations Population Fund UPNG University of Papua New Guinea VCT Voluntary Counseling and Testing
5 REVIEW TEAM
1. Asela Kalugampitiya (Team leader): Mr. Kalugampitiya is the Monitoring, Reporting and Information Officer of IDLO’s Health Law Program. Before joining IDLO in October 2009 he worked for UNFPA in Afghanistan and Sri Lanka as a monitoring and evaluation officer.
2. Lydia Karre: Ms. Karre is the Legal Officer for the PNG HIV-related legal services project. She is a graduate of the University of PNG, School of Law and the Legal Training Institute with ten years’ experience in client advice, representation and litigation.
3. Baka Bina: Mr. Bina is the Community Legal Empowerment Legal Officer (CLE LO) for the PNG HIV related legal services project. He graduated from University of PNG School of Law and the Legal Training Institute. Before joining the project, Mr. Bina worked for the National Judicial Staff Services (NJSS) and in the Sheriff's Division as Deputy Sheriff in enforcing court orders. Mr. Bina represented the NJSS on the Law and Justice Sector Activity Management Team (AMT) dealing with Cross Cutting Issues (CCI) including HIV-related issues at the work place.
4. Don Liriope: Mr. Liriope is the Stigma and Discrimination Liaison Officer for Igat Hope, the national network for people living with HIV, and led the first Port Moresby positive people’s consultation on HIV-related legal issues in 2010. In 2010-2011 Mr.
Liriope led the PNG Stigma Index research which included extensive training and interviewing people living with HIV.
5. Alfred Mark: Mr. Mark is the Senior Relationship Liaison Officer for Igat Hope (PNG) Inc. He has a background in Social Work. Before joining Igat Hope in 2009, Mr. Mark worked with the PNG Department for Community Development as a Welfare Officer.
6 1. EXECUTIVE SUMMARY
In 2009, IDLO commenced a three-year project, with support from the OPEC Fund for International Development (OFID), to strengthen the enabling legal environment for the response to HIV in eight countries. Papua New Guinea is one of the eight countries participating in the project. The PNG project is predominantly supported by AusAID. IDLO implements the project through locally engaged legal officers with a view towards finding a local partner to take over implementation. IDLO provides financial and technical support to the project to provide quality HIV–related legal services.
The PNG HIV Law Project began in March 2010 with the purpose of delivering legal services to people living with HIV (PLHIV) and key affected populations; networking with PLHIV groups; performing outreach activities to promote legal services; and building the capacity of pro bono lawyers and civil society organizations. It has been providing legal services, such as legal advice and legal representation in the courts, since March 2011.
The mid-term review of the PNG project was conducted in June 2011 as anticipated in the monitoring and evaluation plan. This report gives key information about the findings and recommendations of the mid-term review.
The purpose of this review is to assess the implementation of the project in the fifteen month period between March 2010 and June 2011. Specifically, the objectives of the review were to:
1. Identify what the project stake-holders achieved during the period to be reviewed;
2. Identify what worked and gaps in achieving the project objectives;
3. Make recommendations for future planning and implementation in Year Two and beyond.
The review followed a participatory approach from the outset. The review team was comprised of six representatives from different stakeholders (staff, beneficiaries and NGO partners). Participants in the review team were drawn from the project staff, IDLO and the PLHIV network. The Save the Children, Poro Sapot Project (Poro Sapot Project) sent a field worker as a team member, she participated in the first day only. The team employed the following methodology for the review:
1. Document review
2. Data collection from different groups 3. Analysis of data (collectively)
4. Presentation of findings to stakeholders for feed-back 5. Writing of the report
7 FINDINGS
1. Project design
The project proposal was developed based upon information collected during IDLO’s 2009 inception mission. The proposal was submitted to AusAID for funding in June 2009. IDLO contracted the University of PNG, School of Law to conduct an environmental scan in December 2009. The environmental scan, took longer than expected due to resource constrains, was completed in December 2010. In the absence of a local partner to host the project IDLO developed the current work plan, which provides some guidance for project implementation. However, the work plan is not a comprehensive document because results statements are not linked with activities. Initial project planning occurred before the needs assessment was conducted in order to seek matched funding for the project.
2. Project implementation and achievement of results
i. The project has strong connections with community groups and other stakeholders The review showed that the project organized almost all of its events in collaboration with key stakeholders such as the National AIDS Council Secretariat, the PNG Australia Law and Justice Partnership (PALJP), Igat Hope, Poro Sapot Project, Friends Frangipani, LTI and the University of PNG, School of Law.
ii. The project successfully conducted training activities
The project has trained 32 legal and other professionals on HIV, Law and Policy. Some participants have shared their experiences with their colleagues, but many of them are not in positions of influence when it comes to important decisions or decision-making processes within their organizations.
iii. HIV-related legal services functional
The project began providing legal services in March 2011. At the time of review 10 cases had been registered by the legal service. Clients highlighted the importance of confidentiality and privacy, which need to be strengthened by the legal service.
The two project legal officers visit Igat Hope and the Poro Sapot Project every week for outreach work. This collaboration is crucial in reaching out to the populations most in need.
Legal services are not yet seen as part of the overall AIDS services package to be offered alongside prevention, care & support, counseling, advocacy and treatment.
At the time of the review PLHIV networks highlighted the fact that most potential clients are unaware of the pro bono services available to them. The review team also met with the peer educators and field staff of Igat Hope and the Poro Sapot Project who refer clients to the legal service to further understand this.
During the first phase, legal services are offered only in Port Moresby and have not yet been extended to other provinces. Igat Hope suggested that the project reach out to other provinces via telephone hotline, radio (which is very popular in the provinces) and Short Message Service (SMS).
The HIV Law Project has engaged one male and one female legal officer. This enables the Project to address gender sensitive client matters in an appropriate way.
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iv. Communities find that many judges lack sensitivity to HIV–related legal issues.
Communities find that many judges lack sensitivity towards the issues facing PLHIV, men who have sex with men (MSM), and transgender individuals. According to clients we met judges are not familiar with HAMP Act.
3. Project management
IDLO initially proposed to implement the project through an existing local institution such as University of PNG School of Law or Office of the Public Solicitor (OPS). The expected arrangements with School of Law and OPS did not materialize. As a result, the project lost the opportunity of capacity building and local partnership. IDLO altered its approach to focus on community partnerships (who demonstrated a keen interest in the legal response to HIV) and directly engage lawyers to work on the project. The project is in the process of registering a local association in order to promote local ownership and sustainability.
The project team consists of three full-time staff, the Project Officer, who is in charge of the general administration and logistics; the Community Legal Empowerment Legal Officer, who is in charge of outreach work and community empowerment; and the Legal Officer, who focuses on legal service delivery and heads up overall project.
The project is supported by a part-time law student from the University of PNG, School of Law, and a part-time administrative assistant from the sex worker community.
It was revealed in the peer counselors discussion that they need more information about the services offered by the project, which means that IDLO needs to scale up communication efforts; this will involve using effective communications methods. The project will also need to increase its human resources to meet the need for communications as the legal officers’
work load increases. This can be implemented in phase 2.
4. Technical capacity
The project staff are new to providing HIV–related legal services. The legal officers are still building their sensitivity to the complex socio-cultural issues faced by key affected populations particularly MSM and lesbian, gay, bisexual and transgender (LGBT) individuals.
They are gaining the necessary skills and knowledge through on the job training and practical experience.
5. Monitoring
The project currently prepares a quarterly report for IDLO and a Quality At Implementation (QAI) report for AusAID. These reports are adequate, comprehensive and submitted in a timely manner. They report on the project’s successes and failures and anticipate lessons that the participants still need to learn.
At the time of this review the project did not have a monitoring and evaluation plan because it was not possible to develop it until the project execution and detailed work plan were finalized.
6. Sustainability
PLHIV and key populations in PNG experience frequent violations of their basic rights and widespread stigma and discrimination, indicating a clear role and need for accessible, free
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legal services. PLHIV and key populations display a strong interest in their legal rights.
AusAID is a supportive donor which understands the challenges associated with project implementation in PNG and has supported IDLO taking a dynamic and responsive approach to project management. The main challenges are to promote local ownership of legal services in a sustainable manner that leads to continuous provision of quality legal services and to mobilize resources for the maintenance of those services.
RECOMMENDATIONS 1. Project design
The current work plan should be further strengthened by clarifying and emphasizing the relationship between objectives and activities. The monitoring and evaluation plan should also be part of the work plan.
2. Project implementation and achievement of results
i. Identify appropriate training/workshop participants.
Specific strategies should be developed so as to select participants with the ability to enact changes within their organizations or to apply the training in the context of their work.
ii. Confidentiality procedures should be established
Confidentiality procedures, including client confidentiality consent forms, should be developed and implemented immediately in order to establish trust between the legal service and clients.
iii. Package legal services with other HIV services
For effective delivery of legal services, the project should reach out to populations through existing HIV services such as the ARV treatment, prevention and VCT services.
iv. Outreach work should be further strengthened
Community groups, peer educators and field staff of PLHIV networks should have a clear knowledge of the legal services offered by the project and how they can refer clients they meet through their day to day work. The project must develop a communication strategy and find appropriate media for disseminating information about the project. Packaging legal services with other HIV services would also help strengthen the project’s outreach work.
v. Reach out remotely to provinces during the phase 1
The project should, as planned, establish legal services in Port Moresby during phase 1, and then plan to reach out to the provinces in the next phase with legal services. However, as the need for legal services is high in the provinces, the project should immediately reach out to the provinces through other means such as radio, leaflets, IEC materials and a telephone hotline.
vi. Sensitization of judges, magistrates, lawyers and other judicial officials
It is important for judicial officials to be fully sensitized to the needs and experiences of PLHIV and key affected populations. The project should explore opportunities to sensitize judicial officers on the interconnected social, cultural and legal issues faced by PLHIV and key populations. The project may elect to make this a priority in the next phase.
10 3. Project management
It is vital that the project be supported by the government and that the government is committed to ensuring the provision of legal services in the longer term.
i. The project can be hosted in one of the government organizations such as NACS, as they are willing to facilitate the project’s activities and help fulfill the objectives of the project. However, the project should be aware of the risks that come with being hosted in the government system, and consider ways to mitigate those risks.
Alternatively, a local body could be the host with government support.
ii. An advisory committee should be established to provide advice and consultation on the direction of the project. Committee members should represent the various stakeholders and NGO partners who are involved in the HIV sector.
iii. Human resources should be increased to meet the project’s communication needs (such as educating community workers about legal services, hosting radio programs and producing leaflets and other IEC materials-recommended for phase 2)
4. Technical capacity
The legal officers need capacity building in technical issues. Capacity building can occur through the advisory committee or by bringing in technical advisors. It is would be valuable for the legal officers to visit other countries to gain hands-on experience in providing HIV–
related legal services. It would be useful to arrange exchange visits to one or two successful HIV focused legal aid projects, such as the Sydney or Melbourne legal aid centers or Malaysian AIDS Council legal service projects.
5. Monitoring
A project monitoring and evaluation plan should be developed. The IDLO Health Law Monitoring, Reporting and Information Officer will develop this plan in consultation with the project staff.
6. Sustainability
Attempted partnerships with OPS and the University of PNG, School of Law were unsuccessful but the prospects of support from different government institutions seem promising. The project may work with government organizations that are willing to provide longer-term, sustainable hosting or support for the project. When the project selects a government organization to host the project it should consider the benefits and drawbacks of being hosted by a governmental program. Any execution strategy should contribute to the ultimate goal of the project; that is to say, improvement of the enabling legal environment for PLHIV and key populations.
2. INTRODUCTION
In 2009, IDLO commenced a three-year project, with support from the OPEC Fund for International Development (OFID) and other donors such as AusAID, to strengthen the enabling legal environment for the response to HIV in eight countries. Papua New Guinea is one of the eight countries that are participating in the project.
In early 2010 IDLO signed an agreement with AusAID to collaborate on a legal services project for PLHIV and key affected populations. The PNG HIV Law Project began in March 2010 with the purpose of delivering legal services to people living with HIV (PLHIV) and key affected populations; networking with PLHIV groups; performing outreach activities to promote legal services; and building the capacity of pro bono lawyers and civil society organizations. The legal services were launched in March 2011 and faced some challenges regarding the execution through local partnership.
In its monitoring and evaluation plan, IDLO’s Health Law Program requires mid-term and end-of-project evaluations to be conducted in addition to ongoing monitoring activities. The mid-term review of the PNG project took place in June 2011 as foreseen in the monitoring and evaluation plan. This report gives key information about the findings and recommendations of the mid-term review.
3. PURPOSE OF THE REVIEW
The purpose of this review is to assess the implementation of the project in the fifteen month period between March 2010 and June 2011. Specifically, the objectives of the review are to:
1. Identify what the project stake-holders achieved during the period to be reviewed;
2. Identify what worked and which objectives have not been achieved;
3. Make recommendations for future planning and implementation in Year Two and beyond.
The review has a human resource capacity-building angle as well. The local implementing partner, organization staff and other stakeholders will benefit from the exposure and the opportunity to develop or improve their monitoring and evaluation skills. The expected result is that the local team will have the necessary skills and experience to lead future M&E activities in the country.
12 4. METHODOLOGY AND THE PROCESS
The review followed a participatory approach from the outset. The review team was comprised of six representatives from different stakeholders (staff, beneficiaries and NGO partners). Participants in the review team were drawn from the project staff, IDLO and the PLHIV network. The Poro Sapot Project sent a field worker to participate, however she participated only on the first day.
At the end of the review some team members gave the following written feedback about the team:
Participation of IDLO project staff members in the MTR
It was suggested that staff members of IDLO Project should not participate in the Mid- Term Review because their presence may inhibit other participants, such as service providers and service recipients, from expressing their opinions and making suggestions. Independent reviewers should be recruited to conduct future project reviews.
The process has been applied in six countries so far and this is the first time this comment has arisen. Normally one IDLO representative and one representative from the local implementing partner participate in the team. In this case IDLO implements the project through locally engaged legal officers. As a result there were two IDLO representatives from the project in addition to the IDLO Monitoring, Reporting and Information (MRI) Officer. With two outside representatives rounding out the team, the ratio was unbalanced.
In future reviews only one IDLO representative should take part in each participatory evaluation team.
The team followed the following methodology for the review:
1. Document review: The team reviewed the project proposal and work plan, environmental scan report, quarterly reports, training reports and other relevant documents.
2. Data collection from different groups: When and where possible, the key informants of the focus group discussions (FGDs) included implementers (project staff), beneficiaries (PLHIV who received legal services from the legal service, key populations, trained pro bono lawyers, trained civil society organizations’ members, etc), other service providers and PLHIV network representatives.
3. Analysis of data (collectively)
4. Presentation of findings to stakeholders for feedback 5. Writing the report
Communication with the review team began three weeks prior to the review. The purpose of this communication was to reach a common understanding of the review and to finalize the methodology. It was also important to reach a common understanding about the availability of review team members. The Terms of Reference (TOR) and related documents were sent to the review team in advance. On the first day the team met and discussed the process thoroughly. The team had a synergy and common understanding about the process, and
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everyone contributed equally and with a high level of commitment (except the Poro Sapot representative who only participated on the first day). The review team made substantial use of FGD as well as other participatory approaches and tools as a data collection method.
Sampling: The review team collected information from the project staff, beneficiaries, other legal service providers in PNG, PLHIV networks, NAC, IDLO, AusAID, PALJP (over the phone), LTI and the Minister of Community Development. OPS, the University of PNG, School of Law, and the PNG Law Society were also invited to take part in the review, but did not take the opportunity to meet with the review team. An appropriate number of people from each group (according to the size of the population) were taken as a sample. For the list of people contacted, see the Annex.
5. OVERVIEW OF THE PROJECT
IDLO implements a two-year HIV–related legal services project in Papua New Guinea with financial support from AusAID. The project was originally intended to be hosted by the University of Papua New Guinea, School of Law; a shortage of human resources resulted in a change proposed partnership. IDLO and OPS held a series of discussions (between mid 2010 and early 2011) in relation to a proposed implementing partnership. OPS represents an appropriate partner on the basis that it is the sole public legal aid provider in PNG and the fact that it has a country-wide network of offices. OPS withdrew from discussions to house the project in March 2011.
IDLO then chose to implement the project through locally engaged legal officers. The project execution strategy posed a number of challenges, causing the project to spend more time than expected in the initial set up stage. In March 2011 IDLO finalized the work plan for the project and recruited project staff including a lawyer for litigation, a lawyer for community empowerment, an administration officer and a volunteer law student. The new work plan replaces the original proposal developed in 2009. The new revised goal, objectives and outcomes are:
Program Goal:
To strengthen the legal enabling environment for the response to HIV in PNG
Program Objectives:
Objective 1: Improve public awareness and understanding of HIV related legal issues, rights and obligations, and the processes by which these may be realised.
Outcome: Members of civil society, the law and justice sector, parliamentarians and government representatives understand the value of a legal enabling environment in supporting HIV prevention, treatment and care efforts.
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Objective 2: Build the professional skills, competence and capacity of PNG lawyers and paralegals to manage HIV related cases.
Outcome: Lawyers and paralegals are sensitized to the legal and social issues faced by PLHIV and groups vulnerable to HIV (communities), and have an understanding of the concept of an enabling legal environment, applicable national law and its application to date.
Connections are developed among lawyers working in human rights and HIV.
Objective 3: Improve access to justice for PLHIV and groups vulnerable to HIV (including but not limited to women, men who have sex with men, transgender and people who sell sex).
Outcome: Communities are aware of their legal rights, and are engaged and empowered to claim their legal rights and protections. Communities have established referral pathways linking clients to lawyers.
The project completed following activities and milestones during the initial period;
1. In December 2009 University of PNG School of Law was contracted to conduct an environmental scan to identify legal needs of PLHIV and key populations. Although the environmental scan was due to be completed in March 2010, the report was delayed due to a shortage of human resources at School of Law. The environmental scan was eventually completed by a national consultant, Mr. Samuel Olewale, who was assigned by IDLO. The environmental scan was published in December 2010.
2. In two missions in April and May 2010, the IDLO Legal Officer for Asia Pacific met with stakeholders and conducted interviews to support the environmental scan and shape project design.
3. On 19th August 2010 IDLO and Igat Hope co-hosted a one-day workshop for People Living with HIV (PLHIV). 28 positive people and a number of HIV-related service providers attended the workshop (17 men, 9 women and 4 transgenders in total).
Workshop participants provided valuable insight and information for the HIV Law Project.
4. On 24th August 2010, IDLO, with the support of OPS, the University of PNG, School of Law, Igat Hope and the Poro Sapot Project hosted a half-day Stakeholder Consultation. The Stakeholder Consultation was attended by 21 participants including representatives from the positive community, civil society, government and the law and justice sector (10 men and 11 women).
5. On 2nd November 2010, the IDLO Legal Officer and a paralegal from OPS, Mr Francis Waeda, presented at the Igat Hope Second National Conference for PLHIV. The presentation ‘Why Law and Lawyers are Important to PLHIV’ generated discussion amongst the conference participants.
6. On 1st December 2010, IDLO, Igat Hope and OPS co-hosted a World AIDS Day Legal Information Stall (‘HIV and Your Rights’) at the Port Moresby World AIDS Day Expo.
7. On 7th December 2010, IDLO hosted a planning meeting for a Human Rights Lawyers Network. LTI provided support and a venue. Although several lawyers attended the meeting, the network has not been continued due to an apparent lack of interest from the lawyers.
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8. On 7th December 2010, IDLO and PALJP co-hosted a stakeholder consultation to review IEC materials on HIV and the law. LTI provided support and a venue.
9. On 8th December 2010, OPS hosted an afternoon tea and invited Poro Sapot Project Peer Counsellors and Project Officers to present their experiences on HIV-related legal issues.
10.From 22-25 March 2011, IDLO and AIDS Projects Management Group (APMG) co- hosted the first national training seminar on HIV, Law and Policy in Port Moresby.
The seminar was attended by 32 participants from civil society, government and the law and justice sector (10 men, 18 women and 2 transgender).
11.In March 2011, OPS withdrew from the proposed partnership with IDLO for the legal services project and IDLO decided to host the project by itself.
12.Based on environmental scan findings, IDLO developed the detailed work plan, which was effective from March 2011. It was approved by AusAID and replaces the original proposal submitted for funding.
13.In March 2010, IDLO directly engaged Legal Officer Ms Lydia Karre, Project Officer, and Ms. Linda Taudihola to implement the project. Provision of legal services began in March with their recruitment. In May 2010, IDLO recruited Community Legal Empowerment Legal Officer, Mr Baka Bina.
IDLO conducted the preliminary work through February 2011, expecting the local partner organization to assume responsibility for the project activities. When the local partnership fell through, IDLO began to engage local staff for the project.
6. FINDINGS
1. Project design
The project proposal was developed based upon information collected during IDLO’s 2009 inception mission. The proposal was submitted to AusAID for funding in June 2009. IDLO contracted the University of PNG, School of Law to conduct an environmental scan in December 2009. The environmental scan, which took longer than expected due to human resource constraints, was completed in December 2010. In the absence of a local partner to host the project IDLO developed the current work plan, which provides some guidance for project implementation. However, the work plan is not a comprehensive document because results statements are not linked with activities. Initial project planning occurred before the needs assessment was conducted in order to seek matched funding for the project.
2. Project implementation and achievement of results
i. The project has strong relationship with community groups and other stakeholders The project has good working relationship with Igat Hope, the Poro Sapot Project; Friends Frangipani and the key affected populations (KAP), who are the major beneficiaries of the project. The project’s ability to fulfill its mandate depends greatly upon the networks it establishes. It was evident during the review that almost all of the project’s events occurred in collaboration with key stakeholders such as National AIDS Council Secretariat, the PNG Australia Law and Justice Partnership (PALJP), Igat Hope, Poro Sapot Project, Friends
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Frangipani, LTI and the University of PNG, School of Law. The cooperation between the project and these other stakeholders on training and other events demonstrates strong solidarity between the bodies that work on HIV–related legal services.
ii. The project successfully conducted training activities
Since its inception the project has organized a number of events mostly in partnership with stakeholders. Two of the major events showcasing the project were (1) the World AIDS Day 2010 Legal Information Stall and (2) the training on HIV, Law and Policy held in March 2011. The training in particular brought together key stakeholders in the HIV response, including lawyers working in the government sector, members of the Key Affected Populations, and clinical staff. Stimulating sessions were conducted with constructive discussions around HIV-related legal issues. The lawyers addressed the challenge of representing clients on HIV-related matters using the HAMP Act as the primary legislative framework.
The project trained 32 people on HIV, Law and Policy. However, many participants of this training have little or no influence over important decisions or decision-making processes within their organizations. The feedback the review team received from the training participants was very positive and appreciative of the project’s proposed work, and showed that some participants shared their experiences from the training with their colleagues.
However, the new knowledge was not formally implemented by their organizations.
The project also jointly conducted awareness sessions on HIV and the law with Igat Hope, the Poro Sapot Project, LTI and OPS.
iii. HIV-related legal services functional.
The project began providing legal services in March 2011. At the time of review ten cases had been registered by the legal service. Of those ten cases, one has been formally filed in court. Clients expressed appreciation for the availability of such services in the country and commended the tremendous efforts involved in providing pro bono services that are more targeted at specific, marginalized groups. Clients highlighted the importance of confidentiality and privacy provided by the legal service, which needs to be further strengthened by the legal service. They see consent forms as a tool to build trust and relationship between the lawyer and the client. The clients also pointed out the need to spread the news on legal services to the target populations, as there are potential clients who are not yet aware that pro bono services are available to them. The MSM community specifically identified a “must do” for the project: to recruit an MSM lawyer to whom MSM clients can easily relate.
Two project lawyers visit Igat Hope and the Poro Sapot Project every week to do outreach work. This collaboration is crucial for reaching out to populations with greatest needs. Most stakeholders do not yet see legal services as part of the services package to be offered to PLHIV. Most PLHIV are reachable in places like ARV centers and counseling centers.
One of the project’s primary objectives is to provide free legal services on HIV-related matters. However, most PLHIV think that as long as they are HIV+ they can access free legal services from the project. It needs to be clarified among community groups that the
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project’s services are for HIV-related issues specifically, and not for all legal issues experienced by PLHIV.
At the time of the review, PLHIV networks highlighted that many potential clients are not aware that pro bono services are available to them. The review team met with the peer educators and field staff of Igat Hope and the Poro Sapot Project who refer clients to the legal service. Their task is to screen cases and refer them to the legal service. These activities provide significant support to the project, however misunderstandings about the scope of “HIV–related legal issues” makes the organizations’ screening and referral task more difficult.
Some of the cases coming to the legal services project affect individuals, while others affect the whole community group or affected groups. In particular, the arrest of MSM or sex workers by the police and issues surrounding access to treatment can be of public interest rather than strictly individual concerns. Actions that target such issues on a larger scale would help more people and may be a productive way to progress the agenda around the legal response to HIV. The project currently does not take into account the distinction between individual and public issues when addressing legal issues.
During phase 1, legal services are offered only in Port Moresby. The aim is to establish legal services in Port Moresby and then conduct outreach in the provinces. Possible outreach methods include a telephone hotline, radio (which is very popular in the provinces) and SMS.
The HIV Law Project has engaged one male and one female legal officer, which allows it to respond appropriately to gender sensitive client matters. When a case is registered in the legal service, lawyers consider the gender-based concerns that arise and take action accordingly.
iv. Communities find that many judges lack sensitivity to HIV – related legal issues Review participants mentioned that judges, magistrates, lawyers and other judicial officials lack sensitivity towards the issues facing PLHIV, MSM and transgender individuals. Clients of the project also indicated they found that some judges are not familiar with the HAMP Act.
Therefore it is important to sensitize representatives of the judicial officers about PLHIV and key populations, and boost knowledge and capacity around implementation of the HAMP Act.
3. Project management
IDLO initially proposed to implement the project through an existing local institution such as University of PNG School of Law or OPS. The expected arrangements with School of Law and OPS did not materialize. As a result, the project lost the opportunity of capacity building and local partnership with the governmental justice sector (relations with the NACS remain strong). IDLO altered its approach to focus on community partnerships (who demonstrated a keen interest in the legal response to HIV) and directly engage lawyers to work on the project. The project is in the process of registering a local association, in order to promote local ownership and sustainability.
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The project team consists of three full-time staff, the Project Officer, who is in charge of the general administration and logistics; the Community Legal Empowerment Legal Officer, who is in charge of outreach work and community empowerment; and the Legal Officer, who focuses on legal service delivery and heads up overall project.
The project is supported by a part-time law student from the University of PNG, School of Law, and a part-time administrative assistant from the sex worker community.
The referral pathway and the role of peer counselors must be communicated clearly and effectively. Many potential clients and communities are not aware of the services the project offers or simply do not understand how and to whom services are provided. The project will require additional human resources to meet the communication requirements as the lawyers’ workload increases. Such communication work could include producing radio programs to reach out to the provinces, developing and distributing IEC materials and educating field-level activists on the legal services offered by the project. As the case load increases, the legal officers will require additional communications resources. At that point, the project may consider appointing a communications officer.
4. Technical capacity
The project staff are new to providing HIV–related legal services. The legal officers are still building their sensitivity to the complex socio-cultural issues faced by key affected populations particularly MSM and LGBT. They are gaining the necessary skills and knowledge through on the job training and practical experience.
5. Monitoring
The project currently prepares a quarterly report for IDLO and a Quality At Implementation (QAI) for AusAID. These reports are adequate, comprehensive and submitted in a timely manner. These reports indicate the project’s successes and failures and the lessons that remain to be learned.
The project currently does not have a monitoring and evaluation plan because it was not possible to develop it until the project execution and detail work plan is finalized.
There is a continuous running register for all clients of the project. Case files are constantly updated and tracked so that the progress of the files is always clear.
6. Sustainability
There is no question that the many legal issues faced by PLHIV and key populations in PNG necessitate continued legal services. The main challenges in implementing the project are:
(a) working towards local ownership of the project so as to ensure sustainable and continuous provision of quality legal services; and (b) mobilizing resources for continuity of the project. AusAID is a supportive donor which understands these challenges. Feasible sustainability options discussed during the review were:
1. For IDLO to continue providing legal services according to the current model, with support from donors.
2. To progress existing efforts to establish an independent, local association (the Papua New Guinea Development Law Association (PNGDLA)) and utilize this association to
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deliver legal services, with donor and government support. PNGDLA might collaborate with the PNG Law Society to provide pro bono legal services.
3. To establish legal services through a government body such as the University of PNG School of Law, OPS, NACS, Department of Community Development or LTI.
During the review LTI expressed a willingness to share resources, such as office and transportation facilities, with the project. The Minister of Community Development indicated a willingness to help mobilize resources. NACS also indicated that it might accommodate the project staff within the NACS premises and support its fundraising efforts. During the review, the project staff received information that NACS has called proposals for the 2012 Annual Plan. IDLO and PNGDLA plan to submit a proposal for funding under this provision from NACS for the year 2012.
Among those options, many review participants emphasized government support for the project to ensure sustainability. They believe the project would be more sustainable if it is hosted by the government.
7. RECOMMENDATIONS
1. Project design
The current work plan should be improved further with clear relationship between objectives and activities which will contain results statements, related interventions and measurements of the said results. The monitoring and evaluation plan should also be part of the work plan.
2. Project implementation and achievement of results
i. Identify appropriate training/workshop participants.
To gain a benefit from training, participants need to maximize the knowledge and skills acquired. For this project in particular specific strategies should be developed to select participants who are able to implement changes in their organizations or apply the training in their work.
ii. Confidentiality procedures should be established
The project should immediately develop confidentiality procedures, including a client consent form, in order to make clients more comfortable about the confidentiality of information they provide to the legal service. The IDLO-supported legal aid center in Kunming, China developed a procedures manual (with technical advice from Mr. John Godwin) in 2010. That document can be used as a guide for establishing procedures for the PNG legal service.
iii. Package legal services with other HIV services
The project started providing legal services in March 2011. Igat Hope noted that for effective delivery of legal services, the project should reach out to populations through
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existing services such as the ARV treatment, prevention and VCT services. In some other countries efforts to reach out to PLHIV through ARV centers have been very successful.
iv. Outreach work should be further strengthened
Peer educators, field staff of PLHIV networks, community groups should be clearly informed about legal services offered by the project and how they can refer clients they meet through their day to day work. The project must develop a communication strategy and at the same time find appropriate media for the dissemination of information about the project.
Packaging legal services with other HIV services would also help to strengthen the project’s outreach work.
v. Reach out remotely to provinces during the phase 1
The project should, as planned, establish legal services in Port Moresby during phase 1, and then plan to reach out to the provinces in the next phase with legal services. However, as the need for legal services is high in the provinces, the project should immediately reach out to the provinces through other means such as radio, leaflets, IEC materials and a telephone hotline.
vi. Sensitization of judges, magistrates, lawyers and other judicial officials It is important for judicial officials to be fully sensitized to the needs and experiences of PLHIV and key affected populations. The project should explore opportunities to sensitize judicial officers on the interconnected social, cultural and legal issues faced by PLHIV and key populations. The project may elect to make this a priority in the next phase.
3. Project management
It is vital that the project be supported by the existing government system and that the government is committed to ensuring the provision of legal services in the long term.
i. The project can be hosted in a government organization such as NACS, which is willing to facilitate the project activities. However, the project should weigh the risks associated with being hosted by the government and consider ways to mitigate those risks; or local body such as PNGDLA can be the host with government support.
ii. An advisory committee should be established to provide advice and consultation on the direction of the project. Committee members should represent stakeholders and NGO partners who are involved in the HIV sector.
iii. Human resources should be increased to meet the project’s communication needs (such as educating community workers about legal services, hosting radio programs and producing leaflets and other IEC materials-recommended for phase 2)
4. Technical capacity
The legal officers need capacity building in technical issues. Capacity building can occur through the advisory committee or by bringing in technical advisors. It is would be valuable for the legal officers to visit other countries to gain hands-on experience in providing HIV–
related legal services. It would be useful to arrange exchange visits to one or two successful
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HIV focused legal aid project, such as the Sydney or Melbourne legal aid centers dealing with HIV-related legal issues or the Malaysian AIDS Council legal service projects.
5. Monitoring
The IDLO Health Law Program, Monitoring, Reporting and Information Officer should develop a project monitoring and evaluation plan in consultation with the project staff.
6. Sustainability
Attempted partnerships with OPS and the University of PNG, School of Law were not successful but support from government agencies seems promising. The project may work with those government agencies that are willing to host or support the project in the long term. When the project chooses a government agency to host the project, it should also consider ways to integrate the services into the government system. Any execution strategy should contribute to the goal of enabling legal environment for PLHIV and key populations.
ANNEX 1 - GENERAL TERMS OF REFERENCE (TOR)
Introduction
The IDLO Health Law Program (2009 – 2012) includes three objectives to build country capacity to respond to HIV:
1. Legal empowerment: Increase community legal awareness, and strengthen and expand HIV-related legal services.
2. Law enforcement: Sensitize police, judges and other government officials so that they apply laws in a manner consistent with public health goals.
3. Law reform: Build lawmakers’ capacity for reform based on evidence, international law and best practices.
As of December 2010, pilot projects to strengthen HIV-related legal services had been initiated in Benin, Burkina Faso, China, Egypt, Guatemala, Indonesia, Nepal, and Papua New Guinea. Country projects have up to two years to complete the pilot phase. During the pilot phase IDLO provides technical support that enables the partner organization to set up a monitoring and evaluation system for the project, to conduct the mid-term review and to conduct the final evaluation.
The HIV-related legal services project in Papua New Guinea is financially supported by Australian Agency for International Development (AusAID). The two-year project aims to build the capacity of legal professionals, strengthen community groups and establish legal services for PLHIV and key populations.
The mid-term review and the final review will be conducted by a team of stakeholders, as explained below. The IDLO Health Law Program MRI officer will facilitate the evaluation process and provide the final report. The role of the lead evaluator is to:
• Facilitate the evaluation process
• Provide necessary technical guidance to the evaluation team
• Ensure the evaluation is conducted in an impartial, independent manner
• Advise IDLO of any necessary actions to be taken based on the findings of the evaluation
• Provide a detailed report to IDLO as specified below
The purpose of the mid-term review is to assess progress made during the first year and make recommendations for the future planning and implementation. The review will include a strong emphasis on considerations relevant to sustaining the project in future years.
Objectives of the review
1. Identify what the project stake-holders achieved during the period to be reviewed.
2. Identify successes and gaps in achieving the project objectives.
3. Make recommendations for year 2 and beyond.
Deliverables by the evaluation team
1. Review plan submitted two weeks prior to the review exercise.
2. A report on findings and recommendations.
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3. Short (2-5 paragraphs) narratives of key achievements which can be used in communications materials.
Methodology
The review follows a participatory approach from the outset. The review team comprises representation from all levels of stakeholders. Six team members contribute to the review process. The team follows the following methodology for the review:
1. Document review
• Project proposal/ annual plans
• Policies and procedures for legal services
• Environmental scan report
• Quarterly reports
• Training reports
• Other
2. Data collection from different groups:
• Implementers
• Beneficiaries (PLHIV/ key populations who received legal services from the legal service, trained lawyers, trained communities etc)
• Other similar service providers
• Government (eg. National HIV/AIDS Program, Ministry of Community Development, OPS)
• Other (PNG Law Society etc)
Data collection will be done through focus group discussions when and where possible.
3. Analysis of data/ findings, recommendations
4. Presentation to the stakeholders on the last day of field work 5. Writing the report
The review team initiates communication at least two weeks before the review start date.
During this period, sharing of the review objectives (to come to a common understanding about the review) and finalization of the methodology are particularly important. A common understanding of the availability of the review team members is also important.
The review team will emphasize focus group discussions (FGD) along with other
participatory approaches and tools as a data collection method (please see the attached guidelines for FGDs).
Sampling: The review team needs to collect information from the legal service staff,
beneficiaries of the project, other legal service providers in the project location, government (National HIV/AIDS Program, OPS), PLHIV networks, implementing partner, IDLO, and technical advisors. An appropriate number of people from each group, according to the size of the population, should be taken as a sample.
Focus issues:
• Has the project been effective in achieving intended results?
• What lessons have been learned?
• What steps can be taken to improve prospects for the project’s sustainability?
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Detailed review SAMPLE questions: Detailed review questions:
1. Project design:
1.1 How was the project designed?
1.2 Should the project design be adjusted to reflect new information about needs and work to be done to achieve intended results?
1.3 Are the objectives still relevant and valid, or should they change to reflect changing contexts?
2. Project implementation and achievement of results:
2.1 Is the legal aid project appropriately established in terms of accessibility and availability?
2.2 Has the project achieved intended outputs and outcomes during the review period?
Taking into account data on the
a. Type and number of legal issues received? Types of legal services provided? Areas that need improvement? Type and nature of workshops/ events held and
effectiveness of them?
b. How government sector got involved in the project/ contribution to the enabling environment?
c. How policy makers/ parliamentarians got involved in the project/ contribution to the enabling environment?
2.3 Has the project made efficient use of available resources, and what steps could be taken to improve efficiency in future?
2.4 Has the project addressed gender factors in its work?
2.5 Is the project reaching populations most in need of HIV-related legal assistance and support?
2.6 How effective is the networking with community groups and their involvement in the project?
2.6 Has the project addressed/promoted participation by people living with HIV and most-at-risk populations in its work?
2.7 What lessons can be learnt from client demographic and satisfaction data, and feed- back from beneficiaries about the nature and quality of services provided?
3. Project management:
3.1 What is the project execution strategy? Should there be any changes to the project execution strategy?
3.2 Has the management structure and management approach of the project been effective in achieving its midterm targets?
3.3 What adjustments to internal management should be taken to improve the project’s effectiveness in achieving its objectives in Year 2?
4. Technical capacity:
4.1 Do the project staff have sufficient knowledge of HIV related legal services?
4.2 Do the project staff receive sufficient technical inputs?
4.3 What are the future needs to improve the technical capacity?
5 Monitoring:
5.1 What are the regular monitoring/ reporting measures?
5.2 Are the regular monitoring/ reporting measures workable/ practical?
25 6 Sustainability:
6.1 What is the comparative advantage of the project compared to other service providers?
6.2 What lessons have been learnt to inform steps to be taken to support the project’s sustainability including seeking contributions from domestic funding sources in future years?
Composition of the review team:
IDLO Representative Project staff/ lawyers
Representative from community/ key populations Representative from a stake-holder group
Time frame:
The preparation for the review starts two months before the field work. The review team receives communications about the process at least two weeks before the field work. The field work takes five days including presentation of draft findings to local stakeholders.
• Draft review concept note available by 25th April
• Nominations for the review team and confirmation from them by 15th May
• First information to the review team by 10th June
• Relevant documents to be sent to team member by 15th June
• Draft meeting schedule to be shared with local partner and IDLO by 15th June
• Finalized meeting schedule to be sent to team members by 23rd June
• Review from 27 June to 1st July
1st day morning – Review team meet and finalize the schedule
1st day afternoon – Review team goes through reports and documents. Meeting with the project staff
2nd day – data collection from beneficiaries (FGD)
3rd day morning – data collection from beneficiaries (pro bono lawyers/ peer counselors etc) data collection from government, PLHIV networks
3rd day afternoon – data collection from other service providers 4th day morning – data collection from the local partner
4th day afternoon – Meeting with bar association. Analysis of information 5th Day – key findings/ presentation of draft findings to stakeholders
• Draft report is due by 1st August
• Comments from IDLO, project by 10th August
• Final report is due by 31st August Outline of the report:
The final report of the review should be a short but comprehensive document with necessary key points as outlined below. It should be at most 20 pages long and include follow up actions to be implemented by the projects.
1. Introduction (1/2 page) 2. Executive summary (1 page) 3. Purpose of the review (1 page) 4. Methodology (1 page)
5. Findings (up to 6 pages)
6. Recommendations/ follow-up actions (2-3 pages) 7. Annexes as needed (2-3 pages)
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ANNEX 2 – PEOPLE INTERVIEWED
Name Organization/ position Remarks
Meeting with AusAID
Mr. Ea Tobi Program Manager, AusAID Donors
Dr. Nii-K Plange HIV Policy Advisor Meeting with HIV Law and Policy seminar participants
Ms. Tracy Manau Senior Lawyer, Public Prosecutor’s Office
Beneficiaries Sr. Manasseh Nursing Sister, 6 Mile Clinic
Mr. Kuri Tumul Human Rights Officer, Ombudsman Commission
Meeting with Igat Hope
Ms. Annie McPherson Director, Igat Hope PLHIV network
Mr. Don Liriope Stigma & Discrimination Officer, Igat Hope
Mr. Alfred Mark Relationship Liasion Officer Meeting with members of Igat Hope
Eleven members participated in the meeting Meeting with Friends Frangipani
Seven members participated in the meeting Meeting with Project staff
Mr. Baka Bina Community Legal Empowerment
Legal Officer
Male lawyer
Ms. Lydia Karre Legal Officer Female lawyer
Meeting with Legal Training Institute
Ms. Pauline Mogish Director, LTI LTI licenses lawyers
Meeting with the Poro Sapot Project
Mr. Christopher Hershey Poro Sapot Project Manager Ms. Janet Kilei Project Coordinator
Ms. Lydia Seta Senior Project Officer Meeting with the Poro Sapot Peer Counselors
Ms. Veronica Ericho Peer counselor coordinator Refer clients to the legal service
Mr. Parker Hou Peer counselor
Mr. Andrew Anduari Peer counselor Mr. Jonathan Wala Peer counselor
27 Interview over the phone with PALJP
Joanne Robinson HIV Advisor, Law and Justice Sector Meeting with National AIDS
Council
Mr. Wep Kanawi Director, National AIDS Council Secretariat
Meeting with the Minister for Community Development
Ms. Dame Carol Kidu Hon. Minister for Community Development
Commissioner, the Global Commission on HIV and the Law Interview with clients of the
Project
Ms. L Client Court case
Mr. F Client Court case
Ms. M Client’s partner
ANNEX 3 – DOCUMENTS REVIEWED
1. Project proposal 2. Work plan 3. QAI reports 4. Quarterly reports
5. Environmental scan report
6. IDLO Legal Officer mission reports
