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Promoting the Rule of Law in Latin America & the Caribbean Hon. Peter J. Messitte, U.S. District Court Judge Council Member, Latin America and the Caribbean.

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Presentation on theme: "Promoting the Rule of Law in Latin America & the Caribbean Hon. Peter J. Messitte, U.S. District Court Judge Council Member, Latin America and the Caribbean."— Presentation transcript:

1 Promoting the Rule of Law in Latin America & the Caribbean Hon. Peter J. Messitte, U.S. District Court Judge Council Member, Latin America and the Caribbean Michael McCullough Director, Latin America and the Caribbean American Bar Association Rule of Law Initiative (The opinions expressed are those of the presenters and not of the American Bar Association.)

2 2 Largest voluntary professional organization in the world, with 400,000 + attorney members Largest voluntary professional organization in the world, with 400,000 + attorney members Primarily funded by dues Primarily funded by dues Services Services Law school accreditationLaw school accreditation Continuing legal educationContinuing legal education Public servicePublic service Information about the lawInformation about the law Programmatic assistanceProgrammatic assistance Offices in Chicago and Washington, D.C. Offices in Chicago and Washington, D.C. Mission: To serve equally our members, our profession, and the public by defending liberty and delivering justice as the national representative of the profession Mission: To serve equally our members, our profession, and the public by defending liberty and delivering justice as the national representative of the profession Goal IV: Promote the rule of law Goal IV: Promote the rule of law American Bar Association Rule of Law Initiative, Criminal Justice and Development in Latin Americaabarol.org

3 3 ABA Rule of Law Initiative Public Service Project of the ABAs Washington Office Public Service Project of the ABAs Washington Office Over 400 staff worldwideOver 400 staff worldwide Rule of law is a critical antidote to the pressing problems facing the world community Rule of law is a critical antidote to the pressing problems facing the world community Poverty/Economic StagnationPoverty/Economic Stagnation ConflictConflict Human Rights AbusesHuman Rights Abuses Operates programs in five regions, 40+ countries Operates programs in five regions, 40+ countries AsiaAsia AfricaAfrica Middle East & North AfricaMiddle East & North Africa Europe & EurasiaEurope & Eurasia Latin America and the CaribbeanLatin America and the Caribbean American Bar Association Rule of Law Initiative, Criminal Justice and Development in Latin Americaabarol.org

4 Methodology Alignment Funding. Donor. Grant or cooperative agreement. Solicited or unsolicited. Technical need: thematic areas. Political will from host government.

5 ABA Rule of Law Initiative Presence in some 40 countries. Presence in some 40 countries. Portfolio of some $30 million annually Portfolio of some $30 million annually Twenty-year anniversary Twenty-year anniversary Implementation of grants/cooperative agreements: Implementation of grants/cooperative agreements: GovernmentsGovernments Multi-lateral institutionsMulti-lateral institutions Non-governmental organizationsNon-governmental organizations Private foundationsPrivate foundations 5

6 6 Our Work-Technical Assistance Seven thematic areas: 1.Access to Justice and Human Rights 2.Anti-Corruption and Public Integrity 3.Criminal Law Reform and Anti-Human Trafficking 4.Judicial Reform 5.Legal Education Reform and Civic Education 6.Legal Profession Reform 7.Women's Rights American Bar Association Rule of Law Initiative, Criminal Justice and Development in Latin Americaabarol.org

7 Our Work – Core Principles Consultative approach: Consultative approach: Responsive to the requests and priorities of the Initiatives local partners.Responsive to the requests and priorities of the Initiatives local partners. Comparative approach: Comparative approach: U.S. legal system providing just one of several models that host country reformers can draw upon.U.S. legal system providing just one of several models that host country reformers can draw upon. Neutral and apolitical technical assistance. Neutral and apolitical technical assistance. Building local capacity: Building local capacity: Strengthening institutions in both the governmental and non- governmental sectors.Strengthening institutions in both the governmental and non- governmental sectors. Providing thought leadership: Providing thought leadership: Drawing on both ABA ROLIs extensive overseas field experience and on the resources and convening power of the ABA.Drawing on both ABA ROLIs extensive overseas field experience and on the resources and convening power of the ABA. 7

8 8 Latin America & the Caribbean Challenges to the rule of law: CorruptionCorruption ImpunityImpunity Organized CrimeOrganized Crime Drug Trafficking Drug Trafficking Human Trafficking Human Trafficking Money Laundering Money Laundering Citizen SecurityCitizen Security American Bar Association Rule of Law Initiative, Latin America and Caribbean Divisionabarol.org

9 9 Definitions Criminal Justice Systems Criminal Justice Systems Inquisitorial:Inquisitorial: Judges exercise significant control; they investigate and gather evidence Judges exercise significant control; they investigate and gather evidence Typically writing-based Typically writing-based Accusatorial:Accusatorial: Advocates (prosecutors and defenders) are responsible for investigating, gathering evidence, and presenting it persuasively to the judge or jury Advocates (prosecutors and defenders) are responsible for investigating, gathering evidence, and presenting it persuasively to the judge or jury Typically orality-based Typically orality-based American Bar Association Rule of Law Initiative, Criminal Justice and Development in Latin Americaabarol.org Ecuadorian attorneys present evidence during a mock trial.

10 10 Criminal Justice Reform in LAC Status Status Many governments have enacted legislation to convert from inquisitorial to accusatorial systems.Many governments have enacted legislation to convert from inquisitorial to accusatorial systems. Organizations aimed at fighting impunity in LAC countries are assisting with the transition.Organizations aimed at fighting impunity in LAC countries are assisting with the transition. American Bar Association Rule of Law Initiative, Criminal Justice and Development in Latin Americaabarol.org Panamanian forensics experts learn how to testify during an oral trial.

11 Lessons Learned Promote local ownership/buy-in Promote local ownership/buy-in Conduct aggressive communications campaign Conduct aggressive communications campaign Confront misperceptions Confront misperceptions Speak to interests: efficiency, effectiveness, critical role, prestige Speak to interests: efficiency, effectiveness, critical role, prestige Institutions, operatorsInstitutions, operators CitizensCitizens Apply holistic approach: training, institutional strengthening Apply holistic approach: training, institutional strengthening Apply inter-institutional approach Apply inter-institutional approach Reach next generation Reach next generation 11

12 Lessons Learned (contd) Demonstrate early success Demonstrate early success Risk of subverting the rule of lawRisk of subverting the rule of law Avoid white elephant syndrome Avoid white elephant syndrome Apply inter-institutional methodology Apply inter-institutional methodology Recognize Recognize Role of judgesRole of judges Visibility of policeVisibility of police 12

13 Lessons Learned (contd) Promote value of alternative dispute resolution Promote value of alternative dispute resolution Challenges: perception and legal cultureChallenges: perception and legal culture Nationalize training quickly Conduct transparency programming concurrently Promote lessons learned, synergies Recognize value of now

14 14 Programs Training Training Trial advocacyTrial advocacy Investigative techniquesInvestigative techniques Substantive trainingsSubstantive trainings Legislative Reform Legislative Reform Institutional Strengthening Institutional Strengthening AssessmentsAssessments Case TrackingCase Tracking Process EngineeringProcess Engineering Study tours Study tours American Bar Association Rule of Law Initiative, Criminal Justice and Development in Latin Americaabarol.org Belizean justice sector operators and civil society representatives assess the Belizean juvenile justice system.

15 15 Focus Countries: Where We Work

16 16 ECUADOR Challenge: Reform Challenge: Reform Inquisitorial to accusatorial systemInquisitorial to accusatorial system Written to oral proceedingsWritten to oral proceedings Civil law to common lawCivil law to common law Current Programs Current Programs Trial advocacy trainingTrial advocacy training Substantive trainingsSubstantive trainings Study toursStudy tours Anti-human traffickingAnti-human trafficking American Bar Association Rule Law Initi.ative, Criminal Justice and Development in Latin Americaabarol.org A delegation of Ecuadorian jurists visits the University of Houston Law Center in Houston, Texas, as part of a study tour.

17 Video Clip: Program Highlight

18 18 PANAMA Current Activities TrainingTraining Culture of lawfulness Culture of lawfulness Police: Human rights and due process Police: Human rights and due process Attorneys: Trial advocacy Attorneys: Trial advocacy Criminal ProcedureCriminal Procedure American Bar Association Rule of Law Initiative, Criminal Justice and Development in Latin Americaabarol.org Representatives from Panamas police force, forensics team, and public prosecutors office attend culture of lawfulness training on the implementation of the accusatorial system.

19 19 MEXICO Current Activities Current Activities Strengthening legal education and legal professionStrengthening legal education and legal profession Assessments Assessments Guide Guide Implementation Implementation Study toursStudy tours Training for justice sector operatorsTraining for justice sector operators Past Programs Past Programs Human Trafficking Assessment ToolHuman Trafficking Assessment Tool Mediation centers and trainingsMediation centers and trainings American Bar Association Rule of Law Initiative, Criminal Justice and Development in Latin Americaabarol.org

20 20 BELIZE Current Activities Current Activities Prosecutorial Reform Index and substantive trainingProsecutorial Reform Index and substantive training Process engineering: improved managementProcess engineering: improved management Computerized court management systemComputerized court management system Strategic plan for juvenile justiceStrategic plan for juvenile justice American Bar Association Rule of Law Initiative, Criminal Justice and Development in Latin Americaabarol.org ABA ROLI Country Director, Antoinette Moore, discusses the typical process of cases outside the Supreme Court.

21 21GUATEMALA Current Activities Current Activities Prosecutorial Reform IndexProsecutorial Reform Index Substantive trainingSubstantive training Process engineering: improved managementProcess engineering: improved management American Bar Association Rule of Law Initiative, Criminal Justice and Development in Latin Americaabarol.org The Palacio de Justicia in Guatemala City.

22 22 NICARAGUA Current Programs Current Programs Juvenile justice reformJuvenile justice reform Past Programs Past Programs ArbitrationArbitration Commercial MediationCommercial Mediation Competition Law ReformCompetition Law Reform American Bar Association Rule of Law Initiative, Criminal Justice and Development in Latin Americaabarol.org A juvenile justice study and strategic plan will help determine how rehabilitation can best be achieved during juveniles' formative years.

23 Conclusion Goal to support the rule of law in the region. Seek dialogue with member states. Informal consultation. Formal partnership. Consider countrys priorities, and how ABA ROLI can best assist.

24 Questions?

25 ABA Rule of Law Initiative 25 Latin America and Caribbean Division 740 15th Street, NW Washington, DC 20005 www.abarol.org Telephone: +1 (202) 662-1950 Fax: +1 (202) 662-1597 Michael McCullough, Director Michael.McCullough@americanbar.org


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