UNDP-MDG-00861 FINAL EVALUATION OF THE LANDJA PROJECT IN MADAGASCAR

Agency: UNDP | Reference: UNDP-MDG-00861 | Type: Request for proposal UNDP-MDG-00861 CABINET FOR THE FINAL EVALUATION OF THE LANDJA PROJECT "Bridging formal and traditional justice for better social cohesion"1. CONTEXT AND JUSTIFICATIONMadagascar faces a dual challenge in access to justice and social cohesion. With only 42 Courts of First Instance for 119 districts, vast rural areas remain on the fringes of the formal judicial system. This distance, both geographical, economic, and cultural, fuels recourse to customary dispute resolution mechanisms, particularly the Dina, deeply rooted in local traditions. It is in this context that at the end of 2023, a new initiative aimed at improving people's access to justice began, named "Project Bridging formal and traditional justice for better social cohesion" (LANDJA Project: Lalàna Arindra amin’ny Dina, raha Jiaby Ara-drariny / Law Application Networked to Dina, Justice for All). By fostering complementarity between traditional and formal justice, it seeks to establish proximity justice, based on trust, transparency, and respect for fundamental rights. It will contribute to making the process of developing and executing Dina compliant with legislation, norms, and human rights standards, while allowing the majority of the population in the intervention areas, including women and youth, more equitable access to justice systems. This project is implemented jointly by the UNDP (to bring traditional justice mechanisms, conflict prevention and management closer to formal mechanisms), the Office of the High Commissioner for Human Rights (OHCHR) (to make the process of developing and executing Dina compliant with legislation, norms, and human rights standards), and MSIS Tatao (through the establishment of a transparent and inclusive accountability system via citizen oversight, promoting trust in justice mechanisms). Funded by the United Nations Peacebuilding Fund (UNPBF) and led by the Ministry of Justice, the project is structured around three (3) main results and seven (7) outputs: Result 1: Actors (CSOs, members of Dina Executive Committees, administrative and judicial authorities) exercise their roles in accordance with current legislation, international rule of law and human rights standards. Result 2: The bridging of traditional and formal justice mechanisms is effective. Result 3: Community trust in Dina and the formal justice system, and the rights of litigants, including vulnerable populations, are strengthened through the operationalization at the community level of a citizen oversight (CC) mechanism for these justice systems. It should be noted that Dina are collective agreements based on traditions, adopted at the Fokontany, commune, and regional levels, practiced in all localities on the island even before the existence of state justice. They are governed by law n°2001-004 of October 25, 2001, on the general regulation of Dina in public security matters. They are recognized as "a way of reconnecting with the effectiveness of the traditional organization of social life" and serve as both beacons and social rules, defined by the communities themselves, which contribute to the prevention and resolution of conflicts at their level. To better anchor the project's effects, it follows the following theory of change: IF the actors concerned by traditional justice systems, state or non-state actors, are empowered and have confidence in their full right and legitimacy in exercising their roles within the framework of Dina, respecting international human rights standards and current texts; IF trust and collaboration between the populations without discrimination, litigants, Dina Executive Committees, and state authorities are improved, through, on the one hand, strengthening or creating dialogue spaces and developing strategies for access to inclusive justice that respects human rights and is satisfactory because it is complementary; and on the other hand, greater inclusivity of Dina Executive Committees. IF good governance of traditional and state justice systems, through the establishment of inclusive, transparent oversight and accountability mechanisms, is available and operational; THEN, the rights of individuals and populations, including vulnerable groups, to access fair justice are better respected, allowing them to fully exercise their rights and challenge discrimination, while CONTACT: • Email: procurement.team.mg@undp.org