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Why is it so difficult? Luis Pásara WWCIS – May 1, 2012.

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Presentation on theme: "Why is it so difficult? Luis Pásara WWCIS – May 1, 2012."— Presentation transcript:

1 Why is it so difficult? Luis Pásara WWCIS – May 1, 2012

2 1. The problem of knowledge : diagnosis; evaluation; dissemination; no theory; no process of learning.  poor definition of reform agenda  difficulty to anticipate effects of changes  ignorance of what already has been tried = repetition of mistakes.

3 2. The problem of strategy : lack of a clear definition of objectives, priorities and timing. What should be the responsibility of the state’s justice system and what should not? 3. Lack of sustained leadership in the reform processes and in the institutions under change.

4  Every actor of the justice system foresees the personal risks entailed by the reform process.  Most actors in the system consider themselves possible losers as a result of the changes.  Politicians don’t anticipate benefits from the reform. Parties don’t make an issue of it.  Powerful elites are not directly affected by the justice system conditions. They solve their problems their own way.

5  The average citizen resents the justice system.  Law functioning lacks transparency: only lawyers may keep control on what is going on.  Public demands on the subject claim for “ mano dura ”, not for a democratic justice system.  At the end of the day, a civic and legal culture supports what the justice systems are.  How to change that culture?

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