At the front line of judicial reform

At the front line of judicial reform

By CHRISTINA BIEBESHEIMER

Across Latin America and the Caribbean, reform of systems of justice has become the theme of the moment. But this is more than a fad: it is a critical effort indispensable to establishing the rule of law and consolidating the democratic system which is, in turn, fundamental to an efficient market and growth with equity. Without the rule of law there cannot be an efficient state; without an efficient state there can be no efficient market, and without an efficient market there cannot be sustained and equitable growth. For these reasons, justice reform has become a crucial theme in development.
Latin Americans today expect their judicial systems to help stop crime and violence, guarantee human and civil rights, protect property and enforce business contracts. And local citizens are not the only ones going to their countries’ courts. Following the wave of foreign direct investment in the region, nationals of other countries are testing the countries’ legal guarantees in growing numbers.
Unfortunately, judicial systems in many countries have not been able to keep up with this unprecedented demand for services. Many governments are consequently attempting to reform the sector.
This issue of IDBAmérica focuses on the process of judicial reform in El Salvador, a country where more than a decade of effort is now starting to show results.
El Salvador’s reform is one of the most comprehensive in Latin America. The country has adopted entirely new bodies of criminal, juvenile and family law. It has overhauled judicial procedures to replace written submissions with oral trials dominated by prosecutors and defenders. It has taken aggressive steps to ensure the political independence of judges and improve the professional capacity of judicial officials as a whole.
As the articles in this issue show, El Salvador’s experience proves that even a small country, starting with a very weak judiciary, can make enormous progress in just a few years. It also shows that deep reforms require broad political support and meticulous consensus-building among interest groups inside and outside government. Both citizens and decision makers must agree that change is so important that they are willing to make sacrifices to bring it about.
El Salvador’s experience shows that lasting reform demands serious investments in training not only judges, but also the prosecutors, public defenders and private lawyers who must learn to operate under a new system. All this can be expensive. Over the years El Salvador has relied on several international donors to bolster its own considerable outlays for the reform. Most recently the IDB has supported the reform process with a $23 million loan.
El Salvador has proven its willingness to tackle root problems: the country has dealt head on with judicial independence, changing the method of selection and promotion of judges and ensuring adequate funding for the court. Since serious reform cannot take place in the absence of at least a basic level of judicial independence, it is important to pay close attention to El Salvador’s experience in dealing with this issue.
El Salvador still faces enormous challenges. One is violence and crime among youth, which are at frightening levels. This is due in large part to the country’s civil war: though combatants on both sides were disarmed after the Peace Agreements of 1993, most of them had already learned the ways of violence rather than the lessons of school or the skills of a trade. Continued reform of the juvenile justice system is consequently at the heart of the country’s IDB-financed justice project. A follow-up project will support the current government’s focus on crime prevention. Through these initiatives, the government is working to improve public security while rehabilitating juvenile criminals so that they can go on to lead productive adult lives.
Interest in judicial reform is continuing to grow, as evidenced by the fact that 11 of the IDB’s member countries are now using Bank loans to underwrite their own programs in the sector. For those who are just beginning this arduous task, El Salvador’s pioneering efforts to make justice work should be both instructive and inspirational.

—The writer is principal specialist, IDB State and Civil Society Division.