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Key Text Guatemalan 'Justice Centers': The Centerpiece for Advancing Transparency, Efficiency, Due Process and Access to Justice

Author: S Hendrix
Date: 2000
Size: 55 pages (384 KB)

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Summary

An efficient and transparent justice system is crucial to reduce corruption opportunities and impunity. Conflict tends to weaken or destroy, not only the justice sector, but the state itself, making it incapable of dealing with human rights issues. After a terrible history of genocide and human rights abuse in Guatemala, it was recognised that the justice system was flawed and that establishing a rule of law was needed. To address these concerns a new operational model – the Justice Centre – was developed. This USAID article asks how effective this initiative has been to revitalise a deficient justice system

This article examines the way in which Guatemalans have organised themselves to build new justice institutions from the ground up. In spite of the national-level climate of violence and the fact that the country does not have a tradition of rule of law, Guatemalans came up with an ingenious plan to bring people together in a voluntary effort to break with traditional structures. The paper shows how a combination of foreign assistance and local leadership can generate positive results. The Justice Centres show improved customer service, access to justice and quality of service, all with enhanced transparency.

The Justice Centre initiative has been successful because it calls for local participants to discuss issues and arrive at a consensus to address local problems. Promoting teamwork, investing in the institutional development of courts and public ministries, and institutionalising training are the core ingredients of this initiative. Other findings include:

The composition and functioning of Justice Centres vary according to local conditions, the special needs of justice sector officials, availability of resources and particular issues related to the geographic area
In a country where half of the population does not speak the mainstream language, translation services are crucial to provide increased access to the justice system
The use of mediation mechanisms and recognition of alternative dispute resolution (ADR) methods are needed to improve access to justice and to decongest courts
Decentralised justice at the community level provides more power to individuals and civil organisations in resolving their own disputes
Justice reform is a slow process. It will take several generations and will involve a gradual learning process requiring a strategy of incremental progress. Justice Centres are an essential part of this
As a result of this new model, women, the poor, children and indigenous people have greater access to an improved, more transparent and more efficient justice system
Service to the community has increased and thus, faith in the system is growing.

Various lessons can be learnt from the Guatemalan Justice Centre initiative by other post-conflict countries where more effective and more transparent justice systems are needed. Although there are no role models for justice reform and every case has to take into consideration local needs, policy implications include the need to:

Allow local people to participate in the design of the solution
Combine foreign assistance and local-led participatory design
Decentralise justice systems at the community level and recognise alternative dispute resolution methods.

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Source: Hendrix, S, 'Guatemalan "Justice Centers": The Centerpiece for Advancing Transparency, Efficiency, Due Process and Access to Justice', report prepared for USAID, Washington, D.C.
Author: U.S. Agency for International Development, http://www.usaid.gov
Organisation: U.S. Agency for International Development, http://www.usaid.gov