United Nations Development Programme Project Proposal Country: SUDAN Project Title Support for Displaced People, Returnees Communities and their Outcome(s): Peace dividends are delivered for sustainable return, reintegration and recovery under an enabling environment that guarantees security and rule of law Expected Output(s): Output 1: Capacities of the paralegal associations and traditional justice mechanisms enhanced to create enabling environment for safe and sustainable return of IDPs and vulnerable people. Output 2: Basic services and infrastructure restored/improved to support returns and reintegration Implementing Partner: UNDP Responsible Parties: UNDP 1 Executive Summary Project Duration: March – November 2013 (9 months) Total Budget: USD 1 million Project Location: South Kordofan (Lagawa, Kadugli and Dilling) and Abyei Area The project for “Support for Displaced, Returnees and their Communities” will address urgent needs crated by displacement by focusing on providing durable solutions. The project will aim to deliver peace dividends for sustainable return, reintegration and recovery under an enabling environment that guarantees rule of law. The projects will target the whole of Abyei Area and three localities of South Kordofan State. Below is a table with indicative number of beneficiaries: Area / locality Abyei # of returnees / Remarks displaced 30,000 This numbers exclude host communities and persons who were not displaced but they can still get benefits from the services. Lagawa 3,453 Kadugli 45,355 Dilling 7,720 Total 86,528 It is anticipated that the number of beneficiaries shall increase as more returns expected after a series of peace agreements implemented. While for Abyei, the number reflects projected returnees by June 2013, the numbers of South Kordofan reflect the people affected by the conflict and displaced. Output 1: Capacities of the paralegals associations and traditional justice mechanisms enhanced to create enabling environment for safe and sustainable return of IDPs and vulnerable people The project will improve the capacity of the traditional judges and paralegals to offer better access to justice for the returning residents of Abyei and South Kordofan. Through training of judges and paralegals, improving as well as equipping traditional court and paralegal centers with materials and infrastructure, the informal justice mechanism will be enabled to offer better conflict resolution among the communities in Abyei and South Kordofan. 2 Output 2: Basic services and infrastructure restored/improved to support returns and reintegration The project will engage in restoration and improvement of critical community infrastructure related to education which will support the returnees and host communities. I. Background and Project Rationale South Kordofan State and Abyei Area, like most parts of Sudan have had unprecedented effects of the decades-long war. Located along the border of Sudan and South Sudan, between Northern Bahr al Ghazal, Warrap and North Kordofan and South Darfur, the two (South Kordofan and Abyei Area) are characterized by limited access to justice, large scale banditry, high criminal, activity, and law enforcement shortfalls. Judicial institutions were compromised by the conflict and are now facing severe operational and institutional deficits. Customary and traditional dispute resolution mechanisms are also facing challenges. The existing rule of law infrastructure is dilapidated and inadequate and customary and traditional dispute resolution mechanisms have been eroded, marginalized, or incapacitated. Specially in Abyei where very weak civil administration and there exists national political disputes over its administrative status as well as local disputes over grazing rights that have served to entrench divides between the Dinka Ngok and Misseriya communities (Reference map below courtesy of UNDP CRMA, 2011). 3 For Abyei Area, by way of a special protocol, the Comprehensive Peace Agreement (CPA, 2005) granted a special administrative status and that a referendum should have taken place in January 2011. However, due to the high level of controversy on the issue, the referendum did not occur. On 20 May 2011, in the lead-up to the South Sudan referendum, Sudan Armed Forces (SAF) occupied Abyei forcefully, displacing an estimated 110,000 people, essentially affecting the entire population, who fled across the River Kiir/Bahr el Arab towards Agok and further south. People fled with few or no belongings and dispersed into Twic County in Warrap State, as well as to Unity, Northern and Western Bahr el Ghazal states and as far as Juba in Central Equatoria State, with the majority in Twic County and in the Agok area. In late June 2011, the UN Security Council Resolution 1990 established the United Nations Interim Security Force for Abyei (UNISFA) with the mandate –among others- to “facilitate the delivery of humanitarian aid and the free movement of humanitarian personnel in coordination with relevant Abyei Area bodies”. In addition, under Chapter VII of the Charter of the UN, the mission is tasked to ensure security in the CPA box, to ensure freedom of movement of UN and humanitarian personnel and to protect civilians under imminent threat of physical violence. The force is now fully deployed at 4 strength of about 4,200 personnel and creating a condition for displaced people to return. Therefore the timing is critical to address residents’ and returnees’ humanitarian and recovery needs particularly security and social and physical infrastructure. It is said that the remaining 56,000 have not decided to return because of security concerns and access to basic services (Sudan United Nations and Partners Work Plan 2013). In South Kordofan, the resumption of armed conflicts soon after the gubernatorial election in June 2011 severely disrupted the life of the people in the area. Data available to the humanitarian community in South Kordofan observe that as of October 2012, 231,055 people were affected and displaced in 16 out of the 19 localities (now sub-divided to 24) and are in urgent need for resettlement as access and security improves in most parts of the State. However the human security environment has to be concurrently improved as institutional and operational gaps by security enhancing agencies gets challenged by criminal activity, continued low-intensity tribal conflict in some parts and a lack of confidence in an impartial rule of law system amongst much of the population. In line with the Addis Ababa Agreement, the Abyei Joint Oversight Committee (AJOC) has been established. AJOC has emphasized the need for safe and dignified return of internally displaced persons, facilitation of the 5 transition from humanitarian assistance to recovery, sustainable settlement and self- sustaining development while providing security to the nomads. Furthermore, AJOC has stressed on the need for inter-community dialogue which should pave way for peaceful co-existence and reconciliation. AJOC also noted the importance of formation of Abyei Police Service for maintaining law and order in Abyei area, hence the need for a framework for the establishment of the police service and that shall form a framework for partnership with the United Nations and African Union on the requirements for the establishment of Abyei Police Service and guaranteeing secure environment for return of IDPs. In South Kordofan, while challenges remain, recent political developments provide room for optimism. The African Union, the League of Arab States and the UN tabled a joint proposal (the Tripartite Agreement) to the Government of Sudan and the Sudan People's Liberation Movement-North (SPLM-N) to enable humanitarian access to conflict-affected civilians including those in SPLM-N held areas. The Tripartite Agreement was signed by both in early August 2012 and negotiations regarding its implementation are ongoing. In addition to the agreement on oil, the Governments of Sudan and South Sudan also signed a number of other economic, trade and security related agreements, which allow for the establishment of a demilitarized border zone between both countries and a cessation of all hostilities. An agreement was also reached on the ‘four freedoms’ principles which grants nationals of Sudan and South Sudan the freedom to reside, move, acquire and dispose of property, and to undertake economic activities in both states. The four freedoms agreement is designed to encourage positive interaction between the peoples of both countries and to build social and economic ties that will enhance relations between both states. II. Project Strategy Building on existing interventions UNDP has an early recovery framework upon which programmatic components are developed and this falls within the four components below: i) Strengthening rule of law institutions and mechanisms including paralegal associations to guarantee access to justice for returnees. Under this component, efforts will target the paralegals associations (JCCs), traditional justice mechanisms, including courts and judges; ii) Stabilization of livelihoods and food security for returnee IDPs through improved food security, income generation and emergency employment, including reintegration of ex-combatants and support to voluntary IDP returns; 6 iii) Strengthening capacities of Local Government, CSOs/CBOs for services delivery including education and health services. Such support includes to assess, plan and deliver recovery support effectively and systematically thus restoring public confidence in them and a culture of accountability; iv) Build capacities to mitigate and resolve community level conflict, improve community security and promote reconciliation and social cohesion. Accordingly this project will build on an existing intervention framework by UNDP in the area of return and recovery of IDPs. Through three projects – “Strengthening Access to Justice and Human Security in South Kordofan,” “Support to Abyei Area Administration” and “Support to the Recovery of Abyei,” UNDP has been supporting critical needs of IDPs and returnees, among others: Improvements in infrastructure: largely of construction of classes in the police training schools in Kadugli, South Kordofan; renovation of prison cells and offices in Kadugli; construction of Abyei Area Administration; construction of the Abyei Legislative Assembly thus facilitative institutionalization and services delivery. Established and supported 4 paralegal associations (Justice and confidence centres -JCCs) including training about 84 paralegals who have since remained and maintained resilience as far as human rights awareness, extension of legal aid, mediation & resolution of conflicts, and documentation of human rights abuses are concerned. Rehabilitation of 2 schools in Goli and Diffra (North of Abyei town), construction of market shops and stores in Agok (South of the River Kiir) and Rumamier (North of the River Kiir). This project will consolidate some of the gains achieved by the above projects. It will support the paralegal associations to improve access to justice by strengthening traditional justice mechanisms to resolve intercommunal as well as intra-communal conflicts for the IDPs in return areas hence an enabling environment for displaced people’s durable solutions. It will also provide for short-term stabilization of the basic services to returnee households and host communities with focus on construction of classrooms and rehabilitation of a school (including latrines for both girls and boys) for returnees and host communities. It will also support for an enabling social environment that promotes social cohesion inclusive planning and prioritization of needs and joint action between returnees and host communities. 7 Conflict Sensitivity Given that conflict in Abyei and South Kordofan has been exacerbated by national political disputes, tribal grazing disputes, a conflict-sensitive implementation and rights-based approaches will be adhered to throughout the planning and implementation processes of the return interventions and other early recovery interventions. The project will seek technical support in this area from the Joint Conflict Reduction Programme implemented by UNDP and IOM in South Kordofan and Abyei. III. Project Outputs and Activities The overall outcome to this project is to deliver dividends for sustainable return and recovery under an enabling environment that guarantees rule of law. In order to attain the above outcome, the project will work towards achieving the following two outputs: Output 1: Capacities of the paralegal associations and the traditional justice mechanisms enhanced to create enabling environment for safe and sustainable return of IDPs The component is critical to secure for the IDPs in return areas hence an enabling environment for displaced people’s durable solutions. The project will construct traditional and people’s courts, provide selected equipment, train paralegals to provide legal aid, reach out to the IDPs, communities with awareness and training on human rights. Traditional justice system Traditional justice and alternative justice mechanisms have existed in many communities in Sudan and in Abyei and South Kordofan, it continues to function quite impressively alongside formal justice system. However, instability and poor access in these areas make it difficult to provide prompt and impartial formal judicial services. In places such as Abyei, the problem is further compounded by the diabolic nature of the correct judicial orientation to be followed as Abyei still has no formally agreed administrative arrangement This state of abeyance has favored the continued popularity and acceptance of traditional justice mechanisms. Traditional justice modalities will be strengthened to provide fair trials, due process and evidence-based conviction as well as harmonize customary laws with human rights standards. Traditional Court judges: To ensure that the traditional justice mechanism is strengthened, court judges and community leaders will be trained to be able to improve trials and observe human rights. 8 Consultant will be hired to support the harmonization of customary laws and human rights, maintain records and enhance the performance of the court officials. Paralegals: The paralegals bring on board their legal knowledge and experience in ensuring that all actions either to affected / victims or causers display respect for the human rights of individual and there is always fairness. They also provide legal advisory support to the network in case of actions that require legal redress. Where situation requires mediation and reconciliation amongst individuals, families and communities is undertaken by them so that peace is maintained and built. Training of Paralegals: The project will establish networks of paralegals in all the targeted localities. Extensive training and continuous capacity development will be provided in human rights, mediation international legal standards and guidelines on child marriage as well as other customary laws. Information resource centers will be opened and legal reference materials and other learning materials provided as well. In addition, basic rehabilitation of civil administration offices and community safety and information infrastructure will be provided as the civil administration is being established. A coordinated and organized urban planning process – including a participatory appraisal and needs assessment of how to restore full administrative services including infrastructural services to the returning population will be re-activated. These will be the building blocks for longer-term capacity building support in governance and rule of law guaranteed security of returning IDPs. In executing this task, UNDP will work with partners including FAO, GOAL, Mercy Corp, SNV, SCS, ACAD, SAARF, IOM, Ministry of Agriculture, CBOs and UNISFA. Output 2: Basic services and infrastructure restored/improved to support returns and reintegration The project will enhance access and quality of education for two communities in the Abyei Area, i.e. the community of Rumamier (North of River Kiir predominantly inhabited by the Dinka) and the community of Meknes (North of Abyei Town predominately inhabited by the Misseriya). The current school in Rumamier is overcrowded with many children having to study outside in the open area, moreover, the school has no latrines for pupils. This situation adversely affects enrollment and quality of education as well as children’s hygiene and their health. With the increasing number of people returning the situation is getting worse. The school in Meknes is also overcrowded and in need of more classrooms. In addition to this it is also in urgent need of rehabilitation. The specific output targets that aim to meet the immediate needs of returning populations and host communities in these areas are: 9 Construction of 8 additional classrooms (4 class rooms each in Rumamier and Meknes) Construction of 8 permanent latrines (4 latrines for boys and 4 for girls in Rumamier school) Rehabilitation of the school in Meknes. The project will enhance basic services provision related to education in the target communities and support social cohesion in return areas through equitable access to services. Education committees already exist in these schools and will be fully engaged in order to ensure that the schools are able to provide optimal services to the students. UNDP has established good relationships with UNICEF and UNISFA on the ground and there is no overlap in the proposed activities. UNDP will also continue to collaborate closely with them during the implementation of these interventions. 10 IV. Project Outputs and Activities Intended Outcome Peace dividends are delivered for sustainable return, reintegration and recovery under an enabling environment that guarantees security and rule of law Expected Project Output Output 1. Capacities of the paralegal associations and the traditional justice mechanisms enhanced to create enabling environment for safe and sustainable return of IDPs Output 2. Basic services and infrastructure restored/improved to support returns and reintegration Q1 Time Frame Q2 Q3 Q4 X X X X UNDP Paralegals 2 24,000 48,000 X X X X UNDP 4 4,000 16,000 X X X X UNDP Paralegals IPs Lump sum 20,000 20,000 X X X x UNDP Paralegals 4 7500 30,000 Construction of traditional courts in all localities in Abyei Area including Abyei town. Procurement of vehicles (for the project coordination offices) motor cycles (for paralegals) X X X 5 53,600 268,000 X X X UNDP IPs UNDP 33,000 2,800 66,000 42,000 Procurement of office furniture and equipment for the traditional courts Construction of class rooms in Rumamier (4) and Meknes (4) Rehabilitation of Meknes school X X X UNDP 5,149.60 25,748 X X X X 43,750 350,000 X X X x 1 23,831 23,831 X X X X UNDP IPs UNDP IPs UNDP IPS Vehicles – 2 Motorcycles -15 Lump sum per court 8 2 22,500 45,000 Planned Activities Establishment of physical structures for paralegal information centers through use of local materials in 2 localities of South Kordofan (Lagawa and Dilling) Equipment and furniture for the paralegal information centers created Provision of TOT training for the paralegals (mediation skills, referral pathways, management of the JCC, human rights, domestic laws and international human rights standards etc) Provision of legal aid services for the community and court officials (4 localities of SK and Abyei) Construction of permanent latrines in Rumamier school (4 latrines x 2 unit: 4 latrines for boys and 4 for girls). Responsible Party Planned Budget (USD) No of units Unit cost Total 11 Expected Project Output Planned Activities Q1 Time Frame Q2 Q3 Q4 Responsible Party Planned Budget (USD) No of units Unit cost Total Sub-Total 934,579 GMS (7%) 65,421 GRAND TOTAL 1,000,000 12 Budget Summary Breakdown: Outputs: Output 1: Capacities of paralegal associations and traditional justice mechanisms enhanced to create enabling environment for safe and sustainable return of IDPs and vulnerable people Output 2: Basic services and infrastructure restored/improved to support returns and reintegration Sub-Total GMS (7%) Grand TOTAL Budget (US Dollars) 515,748 418,831 934,579 65,421 1,000,000 Note: 1. 2. For any fund balances at the end of the project, the country office shall consult with the Government of Japan on its use The interest income should be treated in accordance with the Japan-UNDP agreement on Arrangement for the Interest Income derived from Japan-UNDP Partnership Fund V. Partnerships To ensure a smooth transition from relief to development, the project will work closely with humanitarian agencies to ensure that the post return support is implemented in tandem with the humanitarian interventions. UNDP plays the role of the coordinator for the Governance, Infrastructure and Economic Recovery (GIER), which is a new sector introduced for the Humanitarian Work Plan 2013. The GIER sector closely coordinates particularly with the Returns and Reintegration Sector. The proposed intervention will build on and create linkages with on-going projects and activities. In addition, UNDP will seek to collaborate with JICA Sudan during implementation of this project. Both agencies will seek opportunities to synergize their work where they both have a presence or/and ongoing activities, recognizing the importance of collaboration between UNDP and JICA as stipulated in the MoU signed by the UNDP Administrator and JICA President in 2009. VI. Visibility Full acknowledgement of the donor will be given in all of communication products and other relevant materials through the display of logo. 13 VII. Management Arrangements This project will be implemented under the direct management of the UNDP CO. The Team Leader of the Crisis Prevention and Recovery Unit (CPRU) and Team Leader, Governance and Rule of Law (GROL) will monitor and supervise the Project Manager/Early Recovery Specialist (CPRU) and Regional Programme Manager (GROL), in charge the Protocol Areas (South Kordofan, Abyei Area) performing the overall management and implementation of the project. Programme Officers of both CPRU and GROL will ensure the smooth implementation of the project activities and backstop the Project Managers, and will resolve obstacles that may arise. The Programme Officers will also monitor and ensure quality of inputs, processes and outputs. Programme Associates from the Crisis Prevention and Recovery Unit and GROL Units will liaise with Operations and support the project with procurement, project payments and logistical issues. The bulk of project activities will be implemented by the Implementing Partners, under the supervision of the executive management of the Project Executive Boards and the Project Managers. UNDP has presence and established Field Offices in Abyei and Kadugli, South Kordofan responsible for the operations and coordination with different partners and government institutions. All project staff will receive extensive security training and all offices and vehicles will be MOSS compliant. VIII. Monitoring, Evaluation and Reporting As part of project start-up activities, UNDP in collaborating with its partners will develop a monitoring and evaluation plan which outlines a set of performance outcome and output indicators; giving detail on indicator definitions and data sources, research methodology and who will be responsible and involved at each stage of monitoring and evaluation ensuring availability of baseline information for all interventions. At the start of the project, a baseline study will be conducted through the UNDP CRMA and the conflict assessment to establish an agreed set of indicators for each output. UNDP Sudan will submit the final report (both narrative report and provisional financial report) upon completion of the project, and final financial report later, to the Government of Japan. 14 Monitoring & Evaluation Officer will be responsible to build the capacity of local partners on M & E through trainings and on-site joint monitoring of the projects. The M & E Officer will issue regular progress reports to the Project Officer and the overall Project Manager. These reports will be based on the monitoring and progress reports from the project field staff, as well as progress reports submitted by contracted implementing partners. The M & E Officer will support UNDP’s role in developing case studies/best practice for the Livelihoods and recovery programme. IX. Security The security situation in South Kordofan in particular is tense and unstable with constant military engagement between government and rebel SPLM – N with reports of numerous incidents. Many rural areas are remote and difficult to access. In addition, the current security situation may not permit direct implementation in rural areas considered unsafe. This constraint can partially be mitigated by contracting paralegal association, NGOs and local community structures. Although direct monitoring may be hampered, this will be addressed through the recruitment of local field monitors and community based organisations, which will monitor the sub-project on behalf of UNDP. X. Risks UNDP has been able to maintain and expand its presence since UNISFA was set up in 2012 in Abyei and South Kordofan. Specific risks to the project include: Security Situation: The security situation may slow down implementation. Risks related to personal security and travel will, therefore, be mitigated by implementing projects through NGOs/CBOs; Capacity of NGOs/CBOs: similarly, the exact implementation capacity and geographical reach of the national NGOs/CBOs cannot be predicted in advance; State government provides adequate security, police and rule of law institutions, infrastructure and personnel in areas of return; 15 Other UN Agencies and NGOs provide the necessary humanitarian emergency packages and basic services such as food, shelter, health and education facilities; The return is voluntary and validated through an independent assessment. 16