IDB Experience in Justice Reform February 12, 2003
Dec 29, 2015
IDB Experience in Justice Reform
February 12, 2003
Some Background on IDB Support for Justice Sector Reform
• IDB support for modernization of justice systems initiated with region-wide conference in 1993 entitled Justice in Latin America and the Caribbean in the 1990s: Challenges and Opportunities. The conference galvanized interest in justice system reform drawing upon IDB support.
• Document approved by the IDB’s Board of Directors in 1994 authorizing the Eighth General Increase in Resources identified modernization of the state as a key area of activity and endorsed assistance to countries’ efforts to promote strengthening and modernization of the judicial system.
Background….
1996 IDB Board approved the document Frame of Reference for Bank Action in Programs for Modernization of the State and Strengthening Civil Society. It recommends Bank involvement in justice sector reform encompassing civil and criminal law and entailing actions in diverse areas.
• law reform and promotion of civil and human rights• justice administration strengthening• legal aid and civic education; access to justice• alternative methods of conflict resolution• development of human resources in justice sector• infrastructure• promotion of citizen security
Background…
The document provided general guidelines but left room for the Bank to respond to the needs and demands of countries in a range of justice reform areas.
Support in the sector based on broad mandate from IDB charter of supporting social and economic development but also more specified mandates related to values (democracy, human rights, etc.) thought to be associated with development of countries in the region.
Background…New Modernization of the State Strategy under consideration
of Board of Directors explicitly identifies as priority areas of action for the IDB:
• the consolidation of the democratic system• the establishment of the rule of law• enhancing institutions at the foundation of a dynamic and
competitive market economy, • strengthening public management and policy-making capabilities
The needs and demands of the region’s countries are far-reaching in the justice sector due to needs to enhance investment climate and the growth of the market economy,
reduce pervasive social inequalities; fight problems of growing crime and violence and persistent corruption, strengthen protection of human/civil rights, and establish a democratic rule of law.
Violent crime and crime in general is a serious and growing problem in the region.
Homicides/100,000 Persons, 1970-1999
United Nations. Fifth, Sixth and Seventh United Nations Survey of Crime Trends and Operations of Criminal Justice Survey.
0
5
10
15
20
25
OECD LAC Rest of World
1970-74
1975-79
1980-84
1985-89
1990-94
1995-99
But, clearly the severity of the problem of violent crime variesgreatly across the region
Intentional Homicides in the 1970s and 1990s
United Nations. United Nations Survey of Crime Trends and Operations of Criminal Justice Survey. 5th, 6th and 7thSurveys.
0 20 40 60 80 100 120 140
Chile
Uruguay
Trinidad &Tobago
Ecuador
Argentina
Barbados
Costa Rica
Brazil
Bahamas
Mexico
Venezuela
Nicaragua
Jamaica
Colombia
El Salvador
Guatemala
1999-2000
1990-94
1970s
Percentage of Men and Women Victimized by Violent Crimes Over Five Years in Urban Areas, 1989-96
0 2 4 6 8 10 12 14 16
Latin America
Africa
New World
Central andEastern Europe
Western Europe
Asia
violence (males)
violence (females)
Source: United Nations. Global Report on Crime and Justice. 1999.
Percentage of the Public Victimized by Any Crime in Urban Areas, by Region, 1989-96
0 10 20 30 40 50 60 70 80
Latin America
Africa
New World
Central and EasternEurope
Western Europe
Asia
Source: United Nations. Global Report on Crime and Justice. 1999.
Source: Latinobarómetro, 1996 and 2001
Crime in general appears to be increasing in majority of countries in recent years
(% of Respondents Claiming Themselves or Family Member Victimized by Crime in Previous Year)
0
10
20
30
40
50
60
70
80
MEX ECU VEN PER BOL ARG GTM HND NIC PRY SLV CHL PAN BRA COL CRI URY Spain LAC
1996
2001
Corruption is also a pervasive problem whose solution depends at least partly upon reform in the judicial sector
Absence of Corruption
0.0
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
0.9
1.0
HIC CEE EA MENA LAC SSA CIS SA
Source: Kaufmann, Kraay, and Zoido-Lobatón, 2001.
Property rights, impartial contract enforcement, respect for laws, fair treatment by the state not well-established
Rule of Law
0.0
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
0.9
1.0
HIC MENA CEE EA LAC CIS SSA SA
Source: Kaufmann, Kraay, and Zoido-Lobatón, 2001.
The problems of corruption and deficient rule of law are of different magnitudes across the region; judicial reform needs and strategies vary
Absence of Corruption
0
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
Source: Kaufmann, Kraay, and Zoido-Lobatón, 2001.
Rule of Law
0
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
0.9
Source: Kaufmann, Kraay, and Zoido-Lobatón, 2001.
In most countries citizens have little confidence in the judicial system
(% who express they have “a lot” or “some” confidence in judiciary)
Source: Latinobarómetro, 2001; Eurobarometer 21, April 1985.
0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
Judicial Independence The judiciary is independent and not subject to interference by the govt. or parties
to dispute (1=strongly disagree; 7=strongly agree)
0
1
2
3
4
5
6
7
Source: World Economic Forum, 2001
0
1
2
3
4
5
6
7
CHL BRA COL ARG SLV MEX VEN PER ECU BOL LAC HIC EA CEE CIS WorldAve.
Judicial CorruptionThe judiciary rarely accepts irregular payments (1=strongly disagree;
7=strongly agree)
Source: World Economic Forum, 2001Source: World Economic Forum, 2000. World Economic Forum, 2001
0
1
2
3
4
5
6
7
URY CHL CRI ARG BRA TTO JAM PAN MEX SLV COL DOM PER VEN BOL GTM HND ECU NIC PRY LAC HIC WorldAve.
Property RightsProperty Rights are clearly delineated and protected by law
(1=strongly disagree; 7=strongly agree)
Source: World Economic Forum, 2001. World Economic Forum, 2001
In some countries case backlogs and delays are an important problem (Clearance Rate (Resolved Cases/Filed Cases) Ave. 1995-1996)
0 20 40 60 80 100 120
France
Peru
Germany
Singapore
Chile
Brazil (Brasilia)
Panama
Brazil (Sao Paulo)
Hungary
Colombia
Ukraine
Ecuador
Source: Maria Dakolias. Court Performance Around the World. 1999
Congestion Rate (Caseload/Resolved per year)
0 200 400 600 800 1000 1200
Ecuador
Panama
Brazil (Brasilia)
Chile
Brazil (Sao Paulo)
Hungary
Ukraine
Peru
Germany
France
Singapore
Colombia
Source: Maria Dakolias. Court Performance Around the World. 1999
IDB Supported Justice Investments by Approval Year, 1994-2000
0
20
40
60
80
100
120
140
160
180
200
1994 1995 1996 1997 1998 1999 2000
Mill
ions
of U
S$
Justice System, Violence Prevention and Citizen Safety Loans and TCs
(Until June 2001)
Total Project Amount
(Millions US$)
Total IDB Amount
(Millions US$)
Number of Projects
Loans 418 274 18
TCs 43 36 65
Total 461 310 83
Substantive Areas Addressed
Civil Law Reform (32/83 projects)Constitutional Law; Real Property Law; Commercial Law; Labor Law; Consumer
Protection Law; Administrative Law and Review
Access to Justice (32/83 projects)Public defense and legal aid offices; access to lawyers; justices of the peace, first-
level trial courts; small claims courts; civic education about justice institutions and processes and civil rights; ADR
Criminal Justice Reform (19/83 projects)Training in implementation of new criminal procedure codes; strengthening public
prosecutor’s and attorney general’s offices; drafting crime-prevention policies; rehabilitation programs; information systems; juvenile justice reform (juvenile courts; rehabilitation, job training); violence prevention programs
IDB Investment by Substantive Area
39.1
21.5
4.5
7.3
21.3
6.4
ACCESSTO JUSTICE
GENERAL ADMINOF CIVIL JUSTICE
GENERALCRIMINAL ANDHUMAN RIGHTS
ADR
Juvenile Justice
ViolencePrevention
Other
29.5
7.7
12.620.2
18.7
3.08.4
GeneralManagementPolicyFormulationTraining
Infrastructure
InformationSystemsSupport NGOs
Other
IDB Supported Investment for Institutional Strengthening
Level of Investment by Type of Reform Process (% of Total Funds)
5.0
2.11.3
91.6
InstitutionalStrengthening
Law Reform
ConsensusBuilding, ProjectPreparationResearch,Seminars,Conferences
IDB support extends to most countries of region focusing in diverse areas (US$ Millions)
0 10 20 30 40 50 60 70 80 90
Argentina
Bolivia
Brazil
Chile
Colombia
Costa Rica
Dominican Rep.
Ecuador
El Salvador
Guatemala
Guyana
Honduras
Mexico
Nicaragua
Panama
Paraguay
Peru
Trinidad and Tobago
Uruguay
Venezuela
Regional
Access to Justice
General Criminal and Human Rights
General Admin. Of Civil Justice