To what extent is there improved technical ability among Village Court Officials? This section provides a summary of findings from the ARB study and the Gulf Province study. Information to assess the effectiveness (Learning) of the VCO training course was not collected from other priority provinces. 3.1 Change in knowledge or capability After the five-day training course, participants in both the ARB and Gulf Province reported a change in their knowledge and understanding of their roles and responsibilities, improved understanding of the VC process and improved understanding of the Village Courts Act. Approximately six months after the training, the study revealed that significant changes were implemented by the Village Courts following the training experience.The following changes were implemented in both Gulf Province and the ARB: Resolving conflict through mediation first. If mediation failed then a full court sitting was held for conflicting parties. Following correct VC sitting process, e.g. almost all VCOs in attendance including the Peace Officers, more than one magistrate presiding the full court hearing, Peace Officer in between parties during the court hearing. Changes to decision-making processes such as collective decision-making and hearing views of all parties including witnesses. Punctuality and improved attendance of VCOs. In the ARB other changes implemented include: Magistrates withdrawing if parties concerned are relatives, trying to correctly fill-in the Case Register and VC forms, and raising the flags of PNG and the ARB during court sittings. In Gulf Province, one other change they tried was to have a briefing or meeting of VCOs before they conducted their business (mediation or full court sitting). During the briefing, roles were allocated and cases were discussed by VCOs. Law and justice stakeholders in both the ARB and Gulf Province believed that the following positive changes they observed were due to the VCO training program: Less complaints from the community; Improvement in the quality of completed VC forms; Quarterly reports provided by Village Courts to PVCO or VC Program Manager; and Correct VC process from mediations to full court sittings. Stakeholders in Buka commented that they observed some improvements in Village Courts’ decisions based on the decreasing number of appeals or complaints from the people. Similarly, stakeholders from Kerema observed less complaints from the community, an indication of improved technical abilities of VCOs and community acceptance of Village Courts’ decisions.
Incorporate FSV awareness in community roadshows and other trainings. Develop a strategy to address FSV issues, gender inequality and to improve women’s safety. Gulf Provincial Administration, Law and Justice Working Group 2016 onwards Develop a strategy to address youth-related law and order issues. Gulf Provincial Administration By end of 2016 Develop medium term plan for future surveys and M&E strategy, including performance measures such as ‘community satisfaction with VC services’, ‘levels of crime’ and ‘feelings of safety’ Gulf Provincial Administration By end of 2016
-team work -cases relating to children -full court procedure Changes implemented after the training -mediation first before full court sitting -wearing uniforms to court -improve VCOs’ attendance -disarm people during court sittings -proper way of serving court order -from 1 magistrate to 3 magistrates hearing cases in full court -court adjourns for short break to deliberate cases -not to charge mediation fines/fees -now completing the Case Register and quarterly returns -conduct mediation before full court sitting -judge the penalty accordingly -more commitments from VCOs -refer to the new VC Manual when in doubt -Magistrates withdraws if parties are relatives -all 5 magistrates hear cases -change in people’s attitude -attendance and punctuality of VCOs -wearing uniforms -improved attendance and punctuality of VCOs -that Clerk can advise magistrates -now lead by example -conduct mediation (in villages) before going to full court in Tinputz station -implement proper sitting arrangements -VC sittings opened with prayer and chairman opened all sittings -raise the flags of the ARB and PNG during sittings -now have 3 to 5 magistrates in sittings -peace officer presence during court sittings -Peace Officers now present in court -conduct mediations for win-win situation -determine difference between civil and criminal cases -approach defendants in a friendly way -correct court sittings -now have 3 to 5 magistrates to hear cases -improve attendance and punctuality of VCOs -uniforms -change in court fines (increased from K100 to K200) and maximum compensation (increased from K1000 to K2000) “I never really liked to hear cases before because some people questioned where I got trained as a magistrate. Now because I have been trained, I am proud in what I do and am always present at hearings.” “The training has taught me what I should do as a Peace Officer so I am now serving my Village Court well. The training increased my knowledge of Village Court processes and given me confidence to perform my duties.”
Village Court sitting started on time No – due to late arrival of parties concerned. However, all VCOs were on time. No – due to late arrival of parties concerned. However, all VCOs were on time. No – due to late arrival of parties concerned. However, all VCOs were on time. Communication skills and behaviour of VCOs Excellent in asking questions to explore the stories/situation, very professional and simple to the level required for VCOs, have good humour, VCOs present but not presiding observed quietly but able to tell their colleagues to speak louder if necessary Excellent communication skills in asking questions and encouraging parties to express more, voice loud and clear, very confident when asking and answering questions, professional and respectful to all parties Skills of asking questions were good, officials need to speak louder for all parties to hear what they are saying, officials were polite and respectful, officials were confident when hearing cases Behaviour of the public and relevant parties General public behaviour was very good and respectful, amazing to see parties agreed before court decision Parties and general public/observers showed respect to VC by accepting decisions, people were quiet Few observers, maybe due to sittings conducted in a district building, people were quiet and respected the decisions of the court Decision making VCOs implementing their decisions with confidence, by leading the parties to reach agreement is within the jurisdiction of the VC Act Decisions made based on evidence presented, discussed/deliberated on decisions at the end of each case, defendant status was considered before handing the fine/compensation, sound decisions were made in relation VC Act Officials tried to gain views from parties and witnesses before making decisions, VCOs hearing the case were fair to both parties Understanding of Village Courts Act Good (4 out of 5 score) Good (4 out of 5 score) Adequate (3 out of 5 score) Understanding of Village Court processes Good (4 out of 5 score) Good (4 out of 5 score) Adequate (3 out of 5 score) Understanding of correct process of VC sitting Good (4 out of 5 score) Good (4 out of 5 score) Adequate (3 out of 5 score) Challenges Need to understand the relationship with other agencies when making referrals, need further mentoring and support New VCOs need some mentoring and support, logistical problem such as transport Some witnesses were not present so the case hearing was deferred Overall comments from VCLMS Officers Need mentoring and support from PVCO and DVCOs Clerks need training on how to correctly complete the Case Register and standard forms,
Table 14: Training participants’ views on changes in the Village Court, 2015 Peit VC Interview date: 29/09/15 Tonsu VC Interview date: 30/09/15 Taonita Tinputz Interview date: 01/10/15 Selau Suir VC Visit date: 02/10/15 Personal gains from the training -believed to be given power to enforce law -now fearful of getting into trouble -helped build character -learned how to hear cases -more confident -gained trust and respect from community -gained knowledge and skills in mediation -now encouraged to do VC work -now willing to share knowledge -able to provide good leadership -provided confidence -helped to see the importance of the VC -able to mediate and bring conflicting parties back to peace -clarity on what VC can do and what they can’t do -gained confidence -know how to do my work better -increased knowledge of VC processes -given confidence to perform duties -learned how to approach defendants -learned gender equality -learned about maintaining peace in the community Changes implemented after the training -conducted mediation before full court sittings -wearing uniforms to court -improved VCOs attendance -disarming people during court sittings -proper way of serving court order -from 1 magistrate to 3 magistrates hearing cases in full court -court adjourns for short break to deliberate cases -not to charge fines/fees for mediation -now completing the Case Register and quarterly returns -do mediation first before full court sitting -judge the penalty accordingly -more commitments from VCOs -refer to the new VC Manual when in doubt -Magistrates withdraws if parties are relatives -all 5 magistrates hear cases -change in people’s attitude -wearing uniforms -improved attendance and punctuality of VCOs -that Clerk can advise magistrates -leading by example -conduct mediation (in villages) before going to full court in Tinputz station -implement proper sitting arrangement -VC sittings opened with prayer and chairman declares sitting is open -raise the flags of ARB and PNG at sitting -Peace Officers now present in court -conduct mediation for win-win situation -determine difference between civil and criminal cases -approach defendants in a friendly way -correct court sitting -3 to 5 magistrates to hear cases -conduct mediation before full court -improve attendance and punctuality of VCOs -uniforms
-That other life matters or external factors are not preventing VC Officials from effectively performing their duties. To what extent are officials not supported in the delivery of their duties? Increased community confidence in VC decision making -That VCOs are applying knowledge that they gained and are making decisions within their mandate. -That people will respect the decisions of the VCOs. -That decisions and judgements made by VCs are followed. -To what extent are there community confidence in the VC and its Officials? -To what extent does the community perceive satisfaction in services provided by VCs? -To what extent are VCs being used to resolve community conflict? IMMEDIATE OUTCOMES ACTIVITIES Post training survey (evaluation 6 months after the training) of VCOs and community Use same survey design, methodology and questionnaire developed for the baseline survey That community is willing to participate in the survey That the same research team used in the baseline survey are available and have appropriate skills (Use performance questions under Intermediate Outcomes) High quality training is conducted for targeted number of Village Courts That planning for delivery of training/workshop is adequately resourced -How many VC Officials (men and women) have been trained in what knowledge areas? -Where did the training take place? -Who provided the training? -How did they deliver the training? -What level were the participants? Relevant training materials (presentations) are developed That people developing the materials have appropriate skills Are materials of the quality it needs to be? Baseline survey of VCOs and community Appropriate survey design, methodology and questionnaires developed That research team members selected to conduct the survey have appropriate skills Has survey plan been prepared?
represented the collective views of training participants during the five training courses conducted between October 2014 and February 2015. Before the training course, less than half of participants (45%) understood their role as Village Court Officials. This increased after the training course, with 96% of training participants who thought that they understood their role as VCOs. Overall changes in perceptions were recorded after the training course: understood the Village Courts Act (from 10% to 85% of participants), understood the role of the VC Secretariat (from 24% to 52% of participants), understood the correct process in hearing a complaint (from 7% to 88% of participants), and knowledge of Village Courts’ rules (from 12% to 84% of participants). Around six months after the training course, a sample of 20 Village Court Officials were interviewed between 21 to 25 September 2015, selected among training participants of the VCOs’ Training Courses conducted between October 2014 and February 2015. Overall, the participants provided positive feedback to the training and the importance of the training; which clarified their roles and responsibilities, provided them with a manual that they regularly referred to; informed them about the mediation process before full court sittings; improved their knowledge of the Village Court’s operation and gained respect from the community. Due to the training course, participants reported some major changes that they implemented in the Village Courts (see Table 3). For example; changes to court sittings while Peace Officers are ensuring security during hearings; courts are now presided by more than one magistrate; conducting mediation before going to full court; and collectively discussing cases for decision-making. The personal gains identified by participants include gained trust and respect of the community; gained confidence to perform as VCOs; learned about fairness and honesty; change in attitude towards work, and overall feeling of empowerment among VCOs. Table 3: Training participants’ feedback collected in 2015 Tairuma 1 VC Interview date: 21/09/15 Tairuma 2 VC Interview date: 22/09/15 Lamo VC Interview date: 24/09/15 Lovera Paiaru VC Interview date: 25/09/15 Number of years as VCO Magistrate: 2 years Chairman: 3 years Peace Officer: 1 year Peace Office: 8 years Clerk: 3 years Magistrate: 1 year Clerk: 2 years Peace Officer: 10 years Magistrate: 34 years Peace Officer: 18 years
Peace Officer: 3 years Clerk: 7 years Peace Officer: 30 years Chairman: 11 years Peace Officer: 2.5 years Magistrate: 2 years Chairman: 8 years Peace Officer: 17 years Clerk: 8 years Chairman: 15 years VCOs with other community role 3 out of 5 VCOs 3 out of 5 VCOs 2 out of 5 1 out of 5 Access to new VC Training Manual Yes Yes Yes Yes Benefits of the training -gained community respect and trust, including family respect -knowledge on decision making -set VCOs’ ethics -success in counselling and mediation -become more responsible -increased knowledge and understanding of VC process and VC Act -enabled changes on VC process to be implemented -training provided leadership skills to VCOs -empowered VCOs -Clerk now knows how to prepare the forms and reports -knowledge of mediation process, counselling -clarity of roles -using VC manual as reference document -knowledge of laws within mandate of VCs -gained respect and trust of the community -improved court sitting arrangement -improved law and order issues -VCOs empowered to enforce the law at the village level -clarified process – to do mediation before full court sitting -understanding of court system -helped define roles of VCOs and “be honest” -gained respect of the community -gained knowledge and skills about VC process -due to knowledge of VC process, VC now able to quickly deal with matters -able to conduct court sitting with confidence -learned about fairness and being humble -what to do when there is a fight in the village -learned how to enhance skills Training topics that helped most -Communication skills -Conflict of interest -Ethical hearing -Leadership -Team work -Communication -Roles of VCOs -Fairness in decision making -how to relate to people -Mediation process -how to deal with cross cutting issues -Land mediation -penalties according to the law -roles and responsibilities -type of cases -forms to use -criminal cases that VC cannot deal with
-how to approach violent situations -know what cases to hear -ethics Changes implemented after the training -Chairman appoints other magistrates to hear cases, previously only the Chairman can hear cases -All 4 Peace Officers to attend the sittings -Sittings opened and closed with prayer -Magistrates taking notes during sitting -Clerk empowered to provide advice to Magistrates -VCOs had briefing before court sitting to discuss cases -Share knowledge with other young people in the village -established a designated court sitting area within the village, where community knows about it -parties makes the decision in mediation not the magistrate -Peace Officers securing the court sitting area and monitor situation during court sittings -VCOs now use and refer to the new VC Manual regularly -As a team, VCOs assess and discuss cases and address outstanding compensation issues -VCOs issue spot fines to offenders so people fear getting into trouble -using and correctly completing VC forms -that Clerk can advise magistrates -formally opening and closing the court sitting, VCOs sit at a table and hear cases -not to be involved in fights -advising disputing parties that they can appeal if they are not happy with the decision -all 3 magistrates involved in making decisions not only the Chairman -Chairman delegating responsibilities and other VCOs comply -conduct mediation before full court sitting, encouraging parties to go through mediation -determine difference between civil and criminal cases -court fines determined during sitting -correctly set-up court sitting -using correct forms and tried to complete the forms correctly “The Village Court didn’t work really well before and there was not much interest. Now after the training I am really keen to carry out my roles.” “Now armed with the correct knowledge and information I feel confident to talk and advice the community on what to do.” “Before I was not too sure what cases should be heard at the Village Court and what not to, but now I know. I was not confident in handing down decisions, now I am.”
Challenges New VCOs requires mentoring and support from PVCO and DVCO, keeping records of cases heard and how many, receipts to be kept and reported, quarterly reporting Clear facilitation of mediation process as opposed to full court sitting People get frustrated when the other party did not turn up and VC deferred the hearing. Changes in Clerk position affected the maintenance of records. Location of court sittings, need to improve VCOs’ punctuality. Overall comments from VCLMS Officers Need mentoring and support from PVCO and DVCOs, to strengthen what VCOs learned during the training Inspections should be conducted to provide guidance Clerks need training on how to correctly complete the Case Register and standard forms Quarter Returns training is required to correctly complete the forms, to improve quality of data and to provide timely Quarterly Returns to VCLMS PVCO need to supply receipt books and ensure quarterly returns are completed and submitted to VCLMS Stakeholders’ perceptions were collected in 2014 and 2015, with overall improvements in Village Court processes observed after the training course. Positive comments from stakeholders confirmed the personal assessments provided by VCOs. The highlights are summarised below (see Table 5). Stakeholders observed changes in the Village Courts after the training course, for example, less complaints from the community, quarterly reports submitted to PVCO, improvement in the quality of completed VC Forms, correct VC process from mediation to VC full sitting. Table 5: Stakeholders’ opinions about the Village Courts Stakeholder interviews conducted in 2014 Stakeholder interviews conducted in 2015 Stakeholders (respondents) PVCO, Clerk of Court, Police Station Commander, Provincial Administration representative, Adviser PVCO, VC Trainer, Provincial Administrator, Police Station Commander VCOs level of knowledge and competencies Partially competent – knowledgeable in regards to customs and in delivering their duties but not competent in regards to new laws and in completing VC standard forms, partially competent in regards to decision making and VC processes Partially competent – experienced VCOs are very competent, new officials need more training and supervision, need to do more actual VC sitting to build confidence and experience How the training will help (helped) Improve performance; improve record keeping and completing forms; understanding the Village Courts Act and Observed changes due to the training: motivated VCOs, gained basic understanding of VC process and
Table 14: Training participants’ views on changes in the Village Courts, 2015 Tairuma 1 VC Interview date: 21/09/15 Tairuma 2 VC Interview date: 22/09/15 Lamo VC Interview date: 24/09/15 Lovera Paiaru VC Visit date: 25/09/15 Personal gains from the training -gained family respect -learned how to approach difficult situations -knowledge on what to do as VCO -realised importance of VCO role in the community -feeling of empowerment -empowered to do VC work confidently -gained knowledge on role of VCOs -now encouraged to do VC work -learned leadership skills, now able to “care for VCOs and the community” -learned about the mediation process -learned about HIV/AIDS and its implications -gained community respect -gained confidence -“helped me to do my work honestly” -increased knowledge of VC processes, now implementing what was learned -learned about the mediation process -learned how to be humble -fairness in decision making -how to handle difficult situation, e.g. fighting Changes implemented after the training -Chairman appoints other magistrates to hear cases, previously only the Chairman can hear cases -All 4 Peace Officers to attend the sittings -Sittings opened and closed with prayer -Magistrates taking notes during sitting -Clerk empowered to provide advice to Magistrates -VCOs had briefing before court sitting to discuss cases -Share knowledge with other young people in the village -established a designated court sitting area within the village, where community knows about it -parties make the decision in mediation not the magistrate -Peace Officers securing the court sitting area and monitor situation during court sittings -VCOs now use and refer to the new VC Manual regularly -As a team, VCOs assess and discuss cases and address outstanding compensation issues -VCOs do spot fines to offenders so people fear getting into trouble -using and correctly completing VC forms -that Clerk can advise magistrates -formally opening and closing the court sitting, VCOs sit at a table and hear cases -not to be involved in fights -advising disputing parties that they can appeal if they are not happy with the decision -all 3 magistrates involved in making -Chairman delegating responsibilities and other VCOs comply -conduct mediation before full court sitting, encouraging parties to go through mediation -determine difference between civil and criminal cases -court fines determined during sitting -correctly set-up court sitting -using correct forms and tried to complete the forms correctly
2.2 Focus Group Protocol – After the training (Post-training survey 2014) The original protocol was provided to Provincial Trainers following information session / focus group training with the PALJP-TP Monitoring & Evaluation Team. The protocol includes suggested outline of the focus group discussion, how to conduct the focus group and Tok Pisin translation under each English questions. Butcher papers were prepared in advance with the following questions. Participants were provided with sticky labels numbered 1, 2 and 3 (or colour coded labels) and after reading one question at a time participants were invited to stick the numbered label corresponding to how they feel, their views or response to the question. Responses: 1- Totally agree (Yes) 2- Neutral (Maybe) 3- Disagree (No) The training was relevant to my work as a Village Court Official. The teaching method was easy to understand. The teaching method helped me to learn a lot. Day 1 (role of VCOs, hearing claims and procedures) was useful. Day 2 (processes & procedures of courts, penalties and court orders) was useful. Day 3 (appeals, joint sittings, inspections and communication skills) was useful. Day 4 (ethics, joint sittings, inspections and communication skills) was useful. Day 5 (Moot Court) was useful. I understand my role as a Village Court Official. I understand the role of the District and Provincial administrations of the Village Court. I understand the role of the Village Court Secretariat. I understand the Village Courts Act. I know the rules of the Village Court. I understand the correct process in hearing a complaint. I understand the correct process of settlement order. I understand the importance of keeping records and using the required forms. I send reports to the Village Court Secretariat and/or District. I serve the community in my role as a Village Court Official. I act honestly as a Village Court Official. I respect all those I dealt with. I use negotiation skills and conflict resolution skills. I have good communication skills. Participants were invited to express their views on the following questions, while Trainers write the answers on butcher papers. How will the training help you? What do you plan to do after the training? What type of support you will need so you can use the skills and knowledge that you learn from this training? General comments about the training