CHANGE AND CHALLENGE: The justice system reform process in Latin America LAC SURF

JUSTICE SYSTEMS IN LATIN AMERICA Civil Law Systems Until the ‘90s, no major changes since the time of Spanish colonization Deep crisis of legitimacy and credibility during the ‘70s and ‘80s New international and regional legal framework on HR

PLAN OF PRESENTATION PART 1 Justice reform for building rule of law PART 2 Confronting new and old obstacles

PART I CONSOLIDATING THE RULE OF LAW 2 GROUPS OF REFORMS: A. Strengthening the independence of the Judiciary (separation of powers) B. Ensuring due process of law

SEPARATING THE JUSTICE SYSTEM FROM POLITICAL POWER A MORE INDEPENDENT JUDICIARY New selection processes for selection of magistrates Judicial Education A MORE EFFICIENT PROSECUTION OF CRIME Autonomy of the Attorney- General’s office (Public Ministry) from the Executive Power “Functional direction” of the investigative police

ENSURING DUE PROCESS OF LAW (Reforms in Criminal Procedure Codes) Trial / hearings (juicio oral y público) Ensure defendants’ basic rights / Public Defence bodies Victims’ rights Non-violent and alternative dispute resolution mechanisms Simplification of procedures

PART II CONFRONTING NEW AND OLD OBSTACLES A. Structural problems not solved B. New obstacles due to changes in democracy and globalization

PERSISTING STRUCTURAL PROBLEMS POLITICAL Reforms in a framework of a “clientelistic” political system Corruption SOCIAL Uneven access to justice Criminalization of the poor / social protests CULTURAL Reluctance to change Reluctance to accept cultural plurality

FACING NEW OBSTACLES CHANGES IN DEMOCRACY Increasing role of civil society Demands of self-regulation GLOBALIZATION HR standards for the region and for the globe Economic integration processes The example of the security sector

CONCLUSIONS / LESSONS LEARNED Reforming the justice system in developing countries, we build democracy Justice system reform is a process, it takes time and all actors should be involved Law reform is not enough, administrative and other adjustments have to be implemented as well Independence of the judiciary, cultural change may take a generation

THE ROLE OF UNDP CURRENT ROLE Important role in post- conflict situations Less important intervention in other countries - consensus building approach - punctual interventions FUTURE ROLE Strategic view and planning - take advantage of our credibility and political role - focus on more disadvantaged people - build strategic partnerships at the national and regional levels Face new challenges - Increase role in the security sector reform - Regional integration