Date of Submission to Coordination Unit:

A.  GENERAL INFORMATION

1.  Activity Name

Reinforcing the rule of law: Developing the capacities of the judiciary in Yemen

2.  Requestor Information

Name: Dr. Mohamed Alhawri / Title: Deputy Minister of Planning and International Cooperation
Organization and Address: Ministry of Planning and International Cooperation
Telephone: 00967- 1 - 250106 / Email:

3.  Recipient Entity

Name: Ghalib Alguidi / Title: Head of Planning Department
Organization and Address: Ministry of Justice
Telephone: 00 (967) 711344887 / Email:

4.  ISA SC Representatives

Name: Ahmed Osman / Title: Head of the Technical Department
Organization and Address: Arab Fund for Economic and Social Development. P.O. Box 21923 SAFAT 13080 Kuwait State of Kuwait
Telephone: 00(965) 2495 9000 / Email:
Name: Andreas Schaal / Title: Head of the Sherpa Office
Organization and Address: Organisation for Economic Co-operation and Development, 2 RUE ANDRE PASCAL, PARIS, FRANCE
Telephone: 00(33) 01 45 24 18 55 / Email:

5.  Type of Execution

√ / Type / Endorsements / Justification
Country-Execution / Attach written endorsement from designated ISA
√ / Joint Country/ISA-Execution / Attach written endorsement from designated ISA / The project will be joint country/ISA executed by the Ministry of Justice, Yemen, the OECD and the Arab Fund for Economic and Social Development.
The Arab Fund for Economic and Social Development (“AFESD”) will be the ISA responsible for the oversight and management of the funds used for the country-executed portion, which consists of the procurement of technical equipment for the Legal Centre and Forensic Medicine Laboratory, procurement and maintenance of IT systems as well as the recruitment of an advisory service that will take the lead in supporting government efforts in developing capacities in the judiciary system.
The guidance of the Organisation for Economic Co-operation and Development (the “OECD”) will strengthen the work carried out by the Government of Yemen (GoY) by: i) engaging the Government in a self-assessment of the legal and policy framework for the management, administration and functioning of the judicial branch of government; ii) providing analytical recommendations and training on institutional structures and capacities for the Judiciary; iii) providing analytical recommendations on the fiscal and budgetary management and administration of the Judiciary; iv) sharing international experience and practices that have worked well in other countries on access to justice and the structure and responsibilities of forensic medicine commissions (“the Project”).
The OECD methodology involves an interactive peer-review process that draws on work of the MENA-OECD Governance Programme that has been engaged with the GoY since 2005 with an OECD peer review on the Public Procurement System in Yemen in 2009 (“OECD Joint-Learning Study 2009: Enhancing Integrity in Public Procurement in Yemen). The process also draws on the accumulated expertise of the 34 OECD countries. The proposed Project thus benefits from direct access to OECD and MENA networks and mobilization of OECD and MENA country peers. In addition, the project relies on the expertise of SIGMA (Support for Improvement in Governance and Management), a joint initiative of the European Union and the OECD to strengthen public governance systems and public administration capacities in transition countries. The results of the Project will be peer-reviewed for quality and wide dissemination in the OECD’s Regulatory Policy and Public Governance Committees, leading authorities on good practices in public governance. The OECD’s well-tested and successful methodology will allow Yemen to benefit from a participative approach that involves peers from OECD and MENA countries to help the country improve its judiciary system, adopt good practices and comply with established international standards and principles. The key aspect of this methodology is the transfer of knowledge and best-fit practices.
ISA-Execution for Country / Attach written endorsement from designated ISA / (Provide justification for ISA-Execution)
ISA-Execution for Parliaments / Attach written endorsements from designated Ministry and ISA

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6.  Geographic Focus

√ / Individual country (name of country): Yemen
Regional or multiple countries (list countries):

7.  Amount Requested (USD)

Amount Requested for direct Project Activities:
(of which Amount Requested for direct ISA-Executed Project Activities): / Total Direct Costs: 2,774,000
Of which:
OECD-executed project activities: USD 1,874, 000
Government of Yemen executed activities: USD 900,000
Amount Requested for ISA Indirect Costs: / OECD: 126,000 USD
AFESD: 100,000 USD
Total Amount Requested: / USD 3,000,000 (three million United States Dollars)

8.  Closing and Final Disbursement Date

Start Date: / 01/02/2014 / Closing Date: / 31/01/2017 / Final Disbursement Date: / 31/05/2017

9.  Pillar(s) to which Activity Responds

Pillar / Primary
(One only) / Secondary
(All that apply) / Pillar / Primary
(One only) / Secondary
(All that apply)
I This could include such topics as innovation and technology policy, enhancing the business environment (including for small and medium-sized enterprises as well as for local and foreign investment promotion), competition policy, private sector development strategies, access to finance, addressing urban congestion and energy intensity. / √ / Enhancing Economic Governance. This could include areas such as transparency, anti-corruption and accountability policies, asset recovery, public financial management and oversight, public sector audit and evaluation, integrity, procurement reform, regulatory quality and administrative simplification, investor and consumer protection, access to economic data and information, management of environmental and social impacts, capacity building for local government and decentralization, support for the Open Government Partnership, creation of new and innovative government agencies related to new transitional reforms, reform of public service delivery in the social and infrastructure sectors, and sound banking systems. / √
Inclusive Development and Job Creation. This could include support of policies for integrating lagging regions, skills and labor market policies, increasing youth employability, enhancing female labor force participation, integrating people with disabilities, vocational training, pension reform, improving job conditions and regulations, financial inclusion, promoting equitable fiscal policies and social safety net reform. / √ / Competitiveness and Integration. This could include such topics as logistics, behind-the-border regulatory convergence, trade strategy and negotiations, planning and facilitation of cross-border infrastructure, and promoting and facilitating infrastructure projects, particularly in the areas of urban infrastructure, transport, trade facilitation and private sector development. / √

B.  STRATEGIC CONTEXT

10. Country and Sector Issues

Yemen faces many challenges in the implementation of good governance principles, improving business environment to attract foreign direct investment (“FDI”), elimination of corruption in the public sector and reinforcing the rule of law. Following the Yemeni revolution in 2011, Yemen strived to implement various governance reforms; for this purpose a Government of National Reconciliation was assembled and a national transitional program for stability and development prepared. The national dialogue called for immediate implementation of good governance principles, elimination of corruption in the judiciary, reinforcement of the rule of law and the building of a democratic state. In the field of the judiciary, the GoY has encouraged reforms of separating powers such as the separation of the Supreme Judicial Council from the leadership of the Presidency.
Yet challenges remain as issues of national identity, daunting economic grievances, and concerns over access to political power are interfering with the fragile political transition in the country. Although 20 months have passed since Ali Abdullah Saleh formally transferred his powers, following the election in February 2012, the Yemeni economy is still stagnant. In a recent government study, poverty, already rising at the time the revolution broke out, is estimated to have further increased from 42 percent of the population in 2009 to 55.5 percent in 2012 (Yemen: Transitional Program for Stabilization and Development (TPSD) 2012-2014. Dated 08th April, 2012). With more than half of the country's population below the poverty line, Yemen is the poorest country in the region. Economic prospects in Yemen continue to deteriorate. The GDP growth in Yemen expanded only marginally in 2012 after reaching a record low of (-10.5 percent) in December of 2011, a large drop from the previous year 2010. The political instability in Yemen has undermined development efforts, resulting in damage to infrastructure and declining levels of confidence in all state and state-controlled institutions compared with 2009 (Gallup survey 2012). People’s satisfaction with their standard of living had been shrinking drastically and public service delivery has been dramatically affected across Yemen. The lack of a clear vision for enhancing the effectiveness and efficiency of public institutions, limited resources and the shrinking levels of transparency and accountability are the main constraints which the GoY should overcome to reduce corruption, increase respect for human rights and eradicate poverty.
In this fragile context, the judiciary continues to face complex and costly challenges in developing the required capacities to promote accountability and secure equal access to justice for citizens. Despite reform efforts - led by the Ministry of Justice - in the judiciary and in the management and administration of the courts, Yemen still shows a lower score regarding protecting property rights for investors and enhancing both public sector and judiciary integrity.
In the 2013 Action Plan, the Ministry of Justice has identified the following critical issues for reform of the judiciary and the management and administration of the courts:
1) prolonged litigation process and procedures in courts;
2) incomplete judicial infrastructure;
3) ineffective judicial management in courts;
4) lack of adequate human and technical resources to develop skills and qualifications for staff members and judges; and
5) obstacles in promoting equal and fair access to justice.
The government is confronted with a low level of citizen trust in the justice sector due to the complex legal environment. Citizens often revert to tribal rules and practices, which poses another challenge for the judiciary as it creates tension and conflict between the constitution and tribal rules and practices. Ensuring citizens’ access to justice and providing legal assistance and information, particularly to those with the least power and resources (i.e. women, indigents, youth and other vulnerable groups) still remains a challenge.

11. Alignment with Transition Fund Objective

The objective of the Transition Fund is to improve the lives of citizens in transition countries, and to support the transformation currently underway in several countries in the region (the “Transition Countries”) by providing grants for technical cooperation to strengthen governance and public institutions, and foster sustainable and inclusive economic growth by advancing country-led policy and institutional reforms.
The proposed Project will work directly to enhance the independence, autonomy and efficiency of the judiciary in Yemen, improve access to justice and increase public trust in the judicial bodies and court system. By extension, the Project will contribute to consolidating the pillars of building democratic systems and improving legal security for citizens and businesses. Indeed, while the GoY recognizes the important need for stronger legal institutions and efficient regulatory processes for the protection of public and private investments, the current fragile environment imposes a strong constraint on their financing.
The proposed Project is fully-aligned with the transition fund objectives and contributes to the pillars of supporting Sustainable Growth, Enhancing Economic Governance and Inclusive Development, and Job Creation.

12. Alignment with Country’s National Strategy

During the national dialogue conference, the GoY prepared a “Transitional Programme for Stability and Development 2012-2014.” The programme initiated ambitious reforms; and highlighted the political, social and economic strategic importance of principles of good governance such as transparency, access to information and accountability (priority number 6 of the Transitional Programme for Stability and Development 2012-2014: Developing system of good governance and state building).
The GoY recognizes that an independent, efficient and impartial judiciary system is the very essence for laying the grounds for profound changes in all aspects of life. Accordingly, guidance regarding the strategic objectives of the GoY to reinforce the rule of law and to carry out the necessary reforms of the judicial system will not only contribute to the implementation of Yemen’s national strategy, but will also help the country to protect its sovereignty and stability. It should be stressed that some activities aimed at reforming the judiciary had already been carried out within the framework of The Government Action Plan for Judicial System Reform, adopted by the GoY in 2013. However, it is also important to note that the undefined state of judicial independence and insufficient infrastructure has not allowed judicial reform to gain momentum.
This Project aims to support the implementation of the GoY 2013 action plan. The latter underlines the immediate actions needed: to enhance the efficiency of the court and court officer system, to support the rule of law, to improve the quality of justice and the role of the judicial bodies and to strengthen their independent and autonomous position in the overall hierarchy of power. These are essential preconditions to ensure greater legal certainty, protection of human rights and security of foreign and domestic properties and investment. In addition, this Project complements the work of the French Government in developing the administrative code in courts (see point 17 below).

C.  PROJECT DESCRIPTION

13. Project Objective

The objective of this Project is to build judicial capacity to improve integrity, the efficiency and effectiveness of the court system and access to justice. The Project will provide the necessary technical assistance for the GoY in the implementation of the 2013 Action Plan within the framework of the strategy prepared by the Ministry of Justice in coordination with the Ministry of Planning and International Cooperation.
The Project will provide the Ministry of Justice with peer advice and guidance on the issues which it has identified as priorities for the development of an independent judiciary and an efficient and effective court service.
The objectives of the Project are to: 1)increase the efficiency, transparency and effectiveness of the litigation process; 2) promote citizens’ trust in the justice sector; 3) foster accountability, integrity and reliability of judges and state prosecutors; 4) promote access to justice and judicial information; 5) raise judiciary readiness to adapt and respond to the changing needs of society; and 6) promote sustainable knowledge transfer to the current and future generations of legal professionals.

14. Project Components

Based on the 2013 action plan of the Ministry of Justice in Yemen, the Project will provide the necessary technical guidance on the development of the judiciary and the development of an efficient and effective court system in Yemen. The form, content, objectives, expected outcomes and participants in each component are explained under the separate headings of each component.