Research Study Abstract

Title: Base Line Survey on Strengthening Community Mediation Capacity for Peaceful and Harmonious Society
Document Reference: researchstudy5.pdf

Executive Summary & Findings

Research: Base Line Survey on “Strengthening Community Mediation Capacity for
Peaceful and Harmonious Society”

Funding Partner: Japan International Cooperation Agency (JICA)

JICA commissioned IGD carry out a baseline survey (BLS) for the purpose of examining the status
of alternative dispute resolution (ADR) and conditions of community mediation (CM) at different
levels (central, district and VDC/community levels). IGD carried out the BLS in April-May 2010
in two project districts (Mahottari and Sindhuli) as well as in other four Sindhuli Road Corridor
(SRC) districts of Dolakha, Kavrepalanchok, Ramechhap and Sindhupalchok. The overall purpose
of the BLS is to examine the current status of alternative dispute resolution (ADR) and conditions
of community mediation (CM) at different levels, namely, the central level, the district level
(Mahottari and Sindhuli), and SRC Area.

The scope of the BLS included roles and functions of these central, district and VDC level
institutions on ADR/CM under existing policies, legal frameworks and the future plan proposed
in the Mediation Procedure Bill, the status of coordination and information-sharing among
related stakeholders, the status of monitoring and evaluation activities of ADR/CM, statistics on
ADR/CM, the status of budget/disbursement, existing resources allocated for ADR/CM, profiles
of the institutions, capacity building opportunities and resources provided to these institutions,
understanding of personnel on ADR/CM and the formal justice system, awareness on rights and
access for justice, attitudes toward ADR/CM, confidence level in dispute management capacity,
and capacity for communication/negotiation with concerned stakeholders.

The overall of objective the BLS is to examine the status of alternative dispute resolution (ADR)
and conditions of community mediation (CM) at different levels, namely, the central level, the
district level (Mahottari and Sindhuli), and Sindhuli Road Corridor Area.
The specific objectives of the survey are as follows:

Collect baseline information and data to be used at later stages of the Project to monitor
and evaluate the project impacts and achievements

Collect community level information and data to be used for selection of target
VDCs/Municipalities for project implementation

Assess capacity of government authorities to develop a capacity development plan to
strengthen community mediation capacity of the target districts

Methodology
This BLS was carried out in Mahottari and Sindhuli districts, and four remaining districts of
Sindhuli Road Corridor Area – Dolakha, Kavrepalanchok, Ramechhap and Sindhupallchok. The
overall study was based both on primary and relevant secondary information. Participatory
approaches and methods were employed to gather qualitative as well as quantitative information.
Furthermore, key indicators by output were identified from the project design matrix (PDM)
agreed in the R/D to maintain methodological and conceptual precision.

The overall study was based both on primary and relevant secondary information. A questionnaire
survey and a participatory method such as focus group discussion were employed to gather
qualitative as well as quantitative information. The BLS Team collected and reviewed reports,

documents, relevant data/information prepared by government ministries/institutions, NGOs, and
donors. Existing data, specifically related to ADR/CM were collected and analyzed.

Major Key Findings
 It is found that MoLD has no section responsible for ADR/CM. The concerned staff of
LBSS has pointed out the need for specific assignment related to CM/ADR. Similarly, the
staff of MoPR has pointed out the need for specialization in policy issues related to
CM/ADR.

 DFID/ESP/MCMP and MoPR have been reported to be engaged in compiling and updating
the statistics on ADR/CM. These statistics are compiled through VDC/district level reports,
interactions, and monitoring and evaluation reports. Moreover, CeLLRd also reported
similar activities.

 MoLD has not disbursed any budget specific to ADR/CM. It does not have any existing
resources (physical or human) specifically allocated to ADR/CM. Information provided by
LBSS shows that LBSS Officers have not received any capacity building opportunities and
resources provided to them except for their participation in a workshop held in June 2010
related to CM/ADR. The meeting was organized by the COMCAP.

 Aggregate findings clearly show that the central level staffs are aware of CM/ADR. The
mean percentage of positive understanding shows that future interventions of COMCAP
such as training/workshops and interactions will help raise the level of their understanding.
They are aware of the need for people's right and access to justice. These officers have
positive attitudes toward CM/ADR, and it can be expected that they will cooperate with
COMCAP activities in the future to make the programme successful. However, central
level staffs are not confident on the existing capacity of DDC/VDC to manage disputes at
local levels.

 COMCAP needs to develop collaborative efforts to make the process of community
mediation more effective in its project districts as well as at the national level. Such a
collaborative effort may be crucial in lobbying for, and advocacy related to policy on
CM/ADR. In the current situation, In the current structure, MoLD is not able to accelerate
the pace required for the coordination related to CM/ADR in terms of its existing resources
and capabilities. COMCAP needs to develop capacity of the relevant section of the MoLD.
Some of the officers at the central level are not yet adequately aware on the issues related
to CM/ADR and formal justice system. They need to be involved and/or collaborated to
develop better coordination and synergy.

 None of the district level institutions have disbursed any budget related to CM/ADR.
However, LPC Mahottari has disbursed some budget in dispute mediation activities. None
of the district level institutions have any existing resources (human resource, office space
and equipment) allocated for ADR/CM. Data shows that there is no specific policy and
operational guidelines related to CM/ADR. However, District Courts have been following
District Court Manual and Working Procedure for Mediation. Concerned district

stakeholders (DAO, DPO, DC and LPC) do not have roles and functions specific to
CM/ADR.

 District Development Committee (DDC) is mandated to follow participatory 14-step
planning process as provisioned by Local Self Governance Act (LSGA) 1999 and its
supplementary rules/regulations. The VDC Councils formulate their programmes as per
their resources and capacity. District level, central level and sectoral programmes that are
beyond their resources and capacity are first endorsed in the VDC Council and are then
submitted to area (ilaka) level workshops for prioritization. Programmes, especially
sectoral ones related to agriculture, livestock, irrigation, industry, drinking water, road
construction, etc. are presented in the workshop by the representatives of district level
sectoral offices. Planning and utilization of District Development Fund (DDF) is executed
in cooperation with the district/VDC level political representatives and NGO/CBOs.

 None of the DDCs of the surveyed district have allocated fund to CM/ADR. Maximum
amount is spent in social security (allowance for the differently able persons, widows, and
senior citizens), road construction, drinking water and sanitation, non-formal education,
and community development programmes in Sindhuli. None of the district stakeholders
have mentioned capacity building opportunities and resources provided to them to
implement CM/ADR related activities and none of the district stakeholders have
maintained any statistics related to CM/ADR. Similarly, none of the survey districts have
any programmes related to CM/ADR except MCMP being implemented in 15 VDCs of
Mahottari district. None of the survey districts have any monitoring and evaluation
activities especially related to CM/ADR. However, DFID/ESP has been monitoring
MCMP activities, and according to its officials, evaluation of the project will be carried
out soon.

 The VDC fund is disbursed in the areas/sectors like construction of road, drinking water
supply, electrification, support to education (scholarship, purchase of sports items, etc.),
support to health (for example, maintenance of health post building), support to college,
support to improved mill construction, support to temple construction, support to
agriculture and irrigation, community development activities, support to schools
maintenance, support to road maintenance, support to livestock insurance, support to
matching fund, preparation of village profile and grant to local clubs. The pattern of budget
allotment indicates that the highest amount of the fund is spent in the construction sector.
Stakeholders like political parties and NGO/CBOs have been cooperating with VDCs
through involvement in programme planning, and programme implementation.

Policy Implications

Findings from this empirical study were presented at national policy roundtables and distributed to relevant ministries, parliamentary committees, and development partners to guide evidence-based policy making in Nepal.