US embassy cable - 03COLOMBO1179

UNCLAS COLOMBO 001179 
 
SIPDIS 
 
DEPARTMENT FOR SA, SA/INS, DRL (ANKSE) 
 
E.O. 12958:  N/A 
TAGS: PREL, PHUM, PGOV, EAID, CE, LTTE - Peace Process 
SUBJECT:  Mission recommends alternate organization for 
implementing judicial reform grant 
 
Refs:  02 Colombo 2110, and previous 
 
1.  This is an action request.  Please see Para 6. 
 
2.  SUMMARY:  The judicial reform project to 
increase the capacity of courts in Sri Lanka's war-torn 
north and east, as well as administer legal aid to those 
affected communities, has been only partially 
successful.  The portion of the grant related to 
equipment purchase for the courts has gone smoothly. 
The organization designated to provide legal aid 
services has caused Mission to doubt their ability to 
fully undertake the task.  Mission requests a 
redirection of remaining funds to another organization 
more capable of completing the required activities. 
 
3.  BACKGROUND ON JUDICIAL REFORM PROJECT:  Mission 
received a USD 250,000 grant from DRL to address 
judicial reform and provide legal aid in the north and 
east of Sri Lanka, where the court system has been 
devastated due to three decades of ethnic conflict.  The 
grant had two discrete tasks:  purchase and deliver 
equipment to enable functioning of courts in the north 
and east and setup and equip a Colombo-based office to 
administer judicial reform projects, beginning with 
legal assistance to vulnerable populations in conflict 
affected areas.  The Sri Lanka National Commission of 
Jurists (SNCJ) was the local non-governmental 
organization (NGO) awarded the grant for carrying out 
the second goal of the grant -- providing legal aid.  In 
an effort to enable the SNCJ to demonstrate capacity, 
the second part of the grant was divided into two parts 
of office setup and program development. 
 
4.  CURRENT STATUS OF EFFORTS:  The first goal of 
the project is nearing completion.  Court equipment has 
been purchased and Mission is making final arrangements 
to present the items to the Ministry of Justice. 
Regarding the SNCJ's tenure, however, the organization 
has demonstrated a lack of capacity in being unable to 
carry out the first part of its grant.  The SNCJ was 
given ample time to establish and equip an office in 
Colombo.  During this time frame, Mission has observed 
that the SNCJ has been unable to undertake basic 
management tasks, make decisions in a timely fashion, 
hire responsible staff, or prove fiscal management 
competency.  These actions have cast doubt on the SNCJ's 
ability to effectively plan and budget for implementing 
legal aid programs on behalf of the disaffected 
communities in the north and east. 
 
5.  RECOMMENDED NEXT STEPS:  In assessing the 
situation, Mission has determined that redirecting the 
remaining funds, for program planning, to another 
organization will allow for more efficient utilization 
of the funds as well as having the greatest impact in 
delivering legal aid.  After a careful review of capable 
organizations, Mission recommends that the government- 
funded Legal Aid Commission receive the funds to 
complete the second task of providing legal aid.  By 
working with this public statutory body, Mission will be 
able to have both a short- and long-term impact on rule 
of law issues in Sri Lanka.  Given the Legal Aid 
Commission's current organization to be able to engage 
lawyers in all court centers, the grant money will 
immediately enhance their efforts.  Over the long-term, 
Mission will be able to develop a relationship with the 
government, building within the GSL a positive focus on 
human rights and rule of law issues.  This relationship 
will augment Mission's current USAID Democracy and 
Governance programs. 
 
6.  ACTION REQUEST:  Mission requests that remaining 
funds be reprogrammed to the Legal Aid Commission to 
complete the tasks set forth in the judicial reform 
project. 
 
7.  COMMENT:  Given the desire to aid vulnerable 
communities in the north and east and be consistent with 
the spirit of the grant, Mission believes that endowing 
a different organization with the funding to carry out 
legal aid activities will have the most impact.  With 
many international donors providing significant funding 
to local NGOs, Mission would like to use this 
opportunity to build a sustainable relationship with the 
government, supporting its efforts to address the needs 
of its people.  END COMMENT. 
 
CAMP