CONCLUSION: REAL PROGRESS IN THE REGION
Through its efforts, USAID is able to effect great change in
the countries of Latin America and the Caribbean. Though there
is still a long way to go to promote the rule of law in these
countries, great achievements have been made since USAID started
its initiatives in the region:
- Reforms toward oral and adversarial court systems with
better case tracking and professional administrative procedures
have made court procedures more efficient, fair, and transparent.
- Today, judges and prosecutors demonstrate greater independence,
and are more willing to challenge wrongdoing by the powerful.
- It is less likely that the poor will have to languish
in jail for years before a trial date or be sentenced prior
to trial.
- Disadvantaged groups have gained greater access to legal
remedies and assistance.
- There are more personnel working in justice systems, and
more of them receive specialized training. Judges and staff
are better qualified, and more are selected based on merit
systems. In most countries, justice budgets are larger,
productivity is higher, and backlogs are smaller.
- Improvements in legal education and the use of merit selection
systems for judges, prosecutors, and defenders, have resulted
in long-lasting improvements of the justice sector.9
Real achievements have also been made in the changing attitudes
of the public in those countries. Corruption and impunity
are no longer considered acceptable or inevitable by many
citizens, and politicians and military officials can no longer
be confident of being above the law. Civil society has become
more concerned and involved with justice reform, and collaborative
efforts have developed across borders to formulate regional
approaches to justice reform. Networks of national and regional
civil society organizations are monitoring progress, informing
the public, and engaging in ongoing policy dialogue. “Throughout
the LAC region, the rule of law is no longer a mere aspiration.
It has become an expectation.”10
The best results come from continued, long-term commitments
to revitalize and strengthen justice systems. It is a continuing
process, and in many of the countries that have recently reformed
their judicial systems, much work remains to equip and strengthen
a new system through continued training and sharing of technical
expertise.
Where governments are still resistant to judicial form, USAID
can continue to work through civil society actors to advocate
for reform and increase public demand for equitable, efficient,
and transparent justice systems. Through its long-term commitment
to promote the rule of law, USAID will continue to be a major
player in efforts to strengthen democracies, facilitate development,
create security, and improve the lives of millions of people
across Latin America and the Caribbean.
Notes
1. Prilliman, W.C. "Crime, Democracy,
and Development in Latin America." Policy Papers
on the Americas, Volume XIV, Study 6. CSIS: Washington
D.C. June 2003.
2. Javed S. Burki and Perry, Guillermo,
Beyond the Washington Consensus: Institutions Matter.
Washington D.C.: World Bank, 1998, p.23. Quoted in Prillaman.
3. Office of Democracy and Governance,
Bureau for Democracy, Conflict and Humanitarian Assistance,
USAID, Congressional Budget Justification, FY 2005.
Washington D.C.: 2004. Page 1.
4. Office of Democracy and Governance,
Bureau for Democracy, Conflict and Humanitarian Assistance,
USAID, Achievements in Building and Maintaining the Rule
of Law: MSI's Studies in LAC, E&E, AFR, and ANE,
Occasional Papers Series. Washington D.C.: November 2002.
PN-ACR-220.
5. Ibid.
6. Strategic Objective 598-005: Regional
Re-enforcement of Regional Trends that Deepen Democracy in
LAC, Fiscal Years 2002-2006. (Internal USAID document,
unpublished.)
7. Office of Democracy and Governance,
Bureau for Democracy, Conflict and Humanitarian Assistance,
USAID, Achievements in Building and Maintaining the Rule
of Law: MSI's Studies in LAC, E&E, AFR, and ANE,
Occasional Papers Series. Washington D.C.: November 2002.
PN-ACR-220.
8 Office of Democracy and Governance,
Bureau for Democracy, Conflict and Humanitarian Assistance,
USAID, Achievements in Building and Maintaining the Rule
of Law: MSI's Studies in LAC, E&E, AFR, and ANE,
Occasional Papers Series. Washington D.C.: November 2002.
PN-ACR-220.
9. United States General Accounting Office
(GAO). U.S. Rule of Law Assistance to Five Latin American
Countries. Washington D.C.: August, 1999. GAO/NSIAD-99-195
Foreign Assistance.
10. Ibid.
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