Rule of Law Programs and the Monitoring & Evaluation Conundrum – a Snapshot

One of the things that has always bothered me about Monitoring and Evaluation (M&E) of international Rule of Law programs has been the innumerable risks involving incorrect data collection and input, and the ever present danger of conflicts of interest, not to mention lack of experience and expertise. Add to all this the challenges of violence, a hostile host government, war, and other calamities, and the writing on the wall is quite clear.

Oversight of a project does not mean that M&E is actually being carried through. A while ago, I gathered some of my thoughts. I wonder how current they are. My review of reports and audits makes me think that not much has changed.

Historically, some U.S. Government agencies were late in understanding the importance of M&E to determine the impact that foreign assistance programs were having.  In the last few years, I always kept hearing that we needed to answer then Secretary of State Hillary Clinton’s “so what?” question regarding how effective our international aid projects were.

Many multi-million dollar programs had no internal nor external M&E experts to provide guidance.  In Afghanistan, for example, the U.S. Embassy’s 2013 rule of law strategy failed to incorporate any performance measures.  (For an interesting report that reveals what the problems relating to M&E were at the time, I suggest you read the Special Inspector General for Afghanistan Reconstruction (SIGAR) audit).

Through evaluation tools, M&E programs aim to demonstrate program impact.  This, in turn, provides feedback to guide program implementation staff to enhance future programming by identifying planned and unplanned results to allow donors, implementers and host country beneficiaries to understand what works and does not work, how to maximize efficiencies, and address any issues that might arise before they become a problem or a cataclysmic risk.

In government contracts, the Statement of Work (SOW) may provide the indicators to be used.  Sometimes, the implementer may develop a series of iterative evaluations as well, which might include a training evaluation and an audit, a trainee-satisfaction survey, a mentoring plan, and -depending on the program- a public outreach component.

Performance indicators may combine the Foreign Assistance Framework Indicators (F-Indicators), as well as customized indicators, with the goal to develop and utilize indicators that measure outputs and impact in the short, medium and long-term of the project.

Of course, the most perfect and all-encompassing M&E plan will not work unless both donors, implementers and beneficiaries take into account the critical risks inherent in, or coming from, the place of performance, and agree on some critical assumptions that, at the very least, encompass three contexts: political, security, and operational.

What I have learnt is that decision-makers and bureaucrats from both the government side and the corporate side make choices and issue “diktats” without having had the benefit of operating in the environment where the program is being carried out.  I never gave it much thought until I witnessed it first-hand.  Therefore, it is imperative that the “experts” who are hired to handle M&E issues understand that they may be dealing with people who have little or no knowledge of the hurdles the technical staff face day in and day out.

Sometimes, the mere fact that electricity is not available or the internet connection does not work, may mean that M&E data cannot be incorporated into a database.

While I applaud the importance of M&E in program management, I see some problem areas:

Who monitors and evaluates the authenticity and the accuracy of the M&E plan and its implementation in-house?  In other words, if I am the donor, would I fully trust the contractor or grantee to monitor and evaluate itself?

Through my own observations, I came to the conclusion that the Chief of Team of a project would have to have not only “Rule of Law” and international development experience, but a keen understanding of the host country – for example Afghanistan -, business development, human resources, management, accounting, psychology, history, security, culture, philosophy, and -most importantly- an understanding of how the State Department works. Who can meet all those requirements?

If the donor hires a third-party to do an indepent M&E of a program, how comfortable can the donor and implementer be that the third-party will do an unbiased and truly objective M&E assessment?  What are the chances that the M&E firm will have a former implementer employee evaluating the very same program that person put in place?

Rule of Law programs are not immune from a myriad of conflicts of interest.  Who pays attention to these things?  

Afghanistan – a Labor of Love

When I first started working with Afghanistan, one of my job requirements was to prepare a presentation for future advisors in the justice sector. These advisors were primarily American and international lawyers, judges, corrections officers, and a sprinkling of other experts.

My research uncovered amazing stories and records of a time in the mid-20th century that seemed surreal. The shock of what had been versus what was. To wit, Once upon a Time in Afghanistan.

This research led me to a jewel of a movie, that I considered a love feast for the eyes, because in a short time, it captured the beauty of the country and its people. I had witnessed it myself, despite my being confined to a limited area in Kabul. This was around October 2012.

I never forgot that film, and that’s why I share it today.

I always think of Afghanistan, and everyone I met there, and I still feel sadness at how all our efforts seemed to go up in flames. Sometimes I wonder whether it was all for nought. Maybe, maybe, I am too pessimistic and there’s a glimmer of hope. Miracles do happen.  

Afghanistan – touch down in flight is a beautiful 5 minute film by Salome and Lukas Augustin. It is dedicated to the Afghan people and Gayle Williams, a British aid worker who worked with the disabled, who was murdered by the Taliban because they claimed she was spreading Christianity.

Watch it below! You won’t regret it.

The Fall of Afghanistan

While time eases anguish for some, I still smart at the thought of all the work, human lives and dreams and treasure lost not so long ago. In August 18, 2021 I reflected having a very hard time engaging in every-day lovely thoughts and things.

Earlier that month had sent me into a spiraling depression. Why? Well… Six years of working with Afghanistan and many more years being engaged with the country.

I don’t think anyone other than those who were so thoroughly engaged with Afghanistan could understand, but maybe I was wrong.

I cannot begin to imagine what family/friends/colleagues of those who fought, worked and died there were feeling then -and even right now-, both in the US and abroad.

Although, for those who question today, “what was the point?”, I can only answer, the point was all the Afghans. We worked hard to make a difference for the Afghans.

Yes, indeed, contractors made a lot of money. There is a monetary value attached to high risk. And the US Government was aloof a lot of times, hiding behind the mighty fortresses of secured buildings in Afghanistan while the hired contractor employees, earning good salaries, risked much.

However, most people I knew who were hands-on (Afghans, Americans, USG employees, international employees), worked hard for a new future for all Afghans, and risked their lives. I didn’t know a lot of them, but I knew a few, who hailed from all over the world. From Colombia to Nepal.

At the time, while I did not visit Facebook that often, I had felt the need to share the overwhelming sadness I felt about Afghanistan.

Let us not forget the ugly corruption surrounding everything we worked on. What else is new? Corruption affects everything and everyone. Here, there and everywhere. The only difference is the Rule of Law as it is meant to be. Justice meted fairly for all. It is corroding around us nowadays. Hopefully, we can help save it the way we should.

Inevitably, the Fall of Afghanistan all ended up being an internecine battle here in the US, which I found not only revolting at that time, but it triggered an anger I have seldom felt.

I leave you with a quote from an email I sent from Kabul to family and friends on February of 2012:

“The snow makes the place more picturesque, but it is grim. I can handle most anything, except seeing the burqa-clad beggars sitting on the side of the roads, in the slush, getting soaked.

Yesterday, I attended for a brief period one of the classes set up for 38 judges, prosecutors, lawyers and investigators. It was fascinating. The Afghans, though loquacious, don’t engage in screaming matches like the Iraqis did. I find that my silver head amuses them a bit.

I am humbled by all the American and international advisors here who work under dire conditions. No one from the outside really knows all the work that these guys are doing. Will all these efforts yield fruit? Or will the country collapse into civil war after we pull out?

It is interesting to get feedback from these advisors who have been in remote locations. They all love working with the Afghans, although they realize that the common refrain here is: “brother against brother, brothers against father, family against tribe, tribe against tribe, tribes against country, country against the world”.”