Presentation

1. Access to Justice:Approaches for Bringing Services Closer to the PeopleWaleed H. MalikSenior Public Sector Management Specialist, AFTPRJustice Reform 101 Course – November 11, 2010, Washington DC

2. Presentation Overview: Role of justice institutions Part I Access to justice challenges Part II Approaches for enhancing access to justice Part III

3. Overview: The Justice Sector* Part I *Plus International Courts and Tribunals

4. Culture Cost & Resources Access to justice is a sine quo non for transforming the economy and promoting national competitiveness Information & Court Services Framework: Accessible and Sustainable Justice Services Access to Justice

5. Access to Justice: Definition “…people’s ability to solve disputes and reach adequate remedies [solutions] for grievances, using formal or traditional justice systems. The justice process has qualitative dimensions, and it should be in accordance with human rights principles and standards…” UNDP 2005

6. Development Challenges and the Role of Justice Institutions COUNTRY CONTEXT Investment Climate Poverty & Exclusion JUSTICE INSTITUTIONS Access to Justice Transparency & Accountability Institutional Capacity & Efficiency Governance

7. Access to Justice: Challenges Part II • Exclusion- Access to justice is a response to the problem of social and institutional exclusion; this exclusion is based on biases against the poor and marginalized groups (e.g. norms and policies affecting women, youth, indigenous peoples). • Information and other services - Numerous barriers exist to providing critical information that supports access to justice: the absence of centers that collect such records, or the destruction of such records due to erosion, natural disaster, accident or war, etc.. (e.g. getting a copy of court judgment, property registration requires access to information). • Cost of justice and corruption issues -Typically these are legal costs, court fees and opportunity/administrative costs. This also includes corruption payments by users and other stakeholders. • Organizational dimensions - This refers to the jurisdictional and geographic coverage of dispute resolution bodies (e.g. courts, tribunals etc.). It also entails court delays, absence of alternatives, dilapidated courthouses, shortage of public defenders, slow enforcement etc.

8. Challenge: Judicial Map of CroatiaGeographic Distribution In Urban and Rural Areas and Resource Allocation TYPE OF COURT: ŽUPANIJSKI SUDOVI OPĆINSKI SUDOVI PREKRŠAJNI SUDOVI TRGOVAČKI SUDOVI

9. Judicial Map of Tamaulipas, MexicoOrganizational Challenges

10. Challenges:Dilapidated Facilities • Lack of awareness among policy makers about the importance of court facilities and how they impede or facilitate judicial reform, partly reflected in low capital investments • Shortage of space for judges, staff and operations (e.g. hearings, record keeping) to meet the burgeoning demand for justice services • Dilapidated and rundown conditions, inappropriate space distribution, the lack of security, poor IT capability, lighting, and HVAC facilities etc. • Absence of timely information about the inventory and condition of buildings, including high percentage of rented courthouses, suboptimal maintenance and building practices • Lack of strategic planning, including the lack of functional and design standards, the failure to involve internal and external users in design, the lack of decorum and symbolism, the lack of appropriate criteria for locating facilities in rural areas

11. Openness Gap: Access to Judicial InformationLatin America and the Caribbean Rankings (CEJA 2008) Most:Court organization, instructions (91%); Judgments and orders (74%)Least:Human and Other Resources (15%)Disciplinary Proceedings (17%)Budget Execution (27%)

12. Access to Justice: Approaches Part III • Promoting citizen education and establishment of pertinent legal norms (e.g. media outreach, j-radio, information campaigns in schools, NGOs, information centers) • Reducing user costs (e.g. legal aid, pre-trial conference, family counseling, pro-se representation, interpreters, fee system review) • Improving incentive system for judges and staff and improving resource utilization (e.g. equitable judicial salaries, robust oversight mechanisms, cost-recovery mechanisms, transparent and effective budgets) • Promoting alternative dispute resolution mechanisms in formal and informal justice systems (e.g. conciliation, mediation) • Modernizing service provisions via organizational improvements that bring justice services closer to people (e.g. mobile courts, e-justice, m-ICT services, hearings via video-conferencing, casas de justicia, one-stop-shop justice centers, Juditecture (modern facilities), specialized tribunals for business and other matters)

13. Enhancing Access2Justice: Demand and Supply Approaches Judicial Decision Users Other Sector Institutions Do more with same resources Expand and diversify supply of justice services: • Encourage timeliness in the system, and promote alternatives • Recognize multidisciplinary nature of justice services • Improve emphasis on execution of judicial decisions • Encourage measures that provide flexibility and innovation in service provision (e.g e-justice, mobile courts, family mediation, youth restorative justice, judicial mapping) • Develop excellence standards and certification systems for justice services Rationalizedemand of justiceservices and empowercitizens, especiallythe vulnerable groups: • Promotethecitizenscharterforaccesstojustice and outreach • Promote legal aid, professionalservices and education • Promotetransparency, and publictrialsthatenhanceconfidence • Encouragedisjudicialization (e.g.expandnotaries role) • Promote cultural sensitivity and NGO outreach • Leveragetraditionaljusticesystem • Promote 24 hourcourtsfordemandmanagement

14. Distribution of Judges, Lawyers and Court CasesDemand and Supply Mismatch Before Reforms 2000 Formal Mechanisms Traditional Mechanisms

15. Approaches: Leveraging the Internet for Corruption Monitoring

16. Approaches of Market for Legal Services: Legal professionals per 100.000 inhabitants

17. Prevention and Education Victims’ Rights Restorative Justice Approaches: At-Risk-Youth and Access to Justice 1. Victims’ Rights Protecting and reintegrating young people who are victims of crime (including trafficking and other forms of harm and violence) 2. Restorative Justice Seeking alternatives to the incarceration of young offenders, and supporting rehabilitation and reintegraton of those who receive custodial sentences 3. Prevention and Education Reaching out to young people as future users, operators, and actors of the system, and as future members of civil society charged with safeguarding checks and balances of the system

18. Approaches:TowardsJuditecture(Courthouses that Leverage Modern Technology and Architecture Together in Bring Services Closer to the People) Physical Space and location Technologies and tools “Juditectureis a means to an end” Design and construction of courthouses and provision of e-justice technologies should cater to judicial reform priorities and meet appropriate functional standards and norms

19. Approaches: E & M Justice • For the judicial system as a whole • M and E-justice tools for judicial proceedings and administration (e.g. Singapore, Turkey, Finland, Australia, Ethiopia) • E-filing, e-fees, e-records, e-notifications, e-case management systems, e-court recording, e-laws, e-decision • E-media, e-coordination, e-communication • E-management information, e-statistics, e-learning • For the society as a whole • Judicial portals and mobile applications for transparency and accessibility (e.g. Estonia)

20. Approaches: User Education • Radio: Community Justice (e.g. Tanzania, Brazil, Tamaulipas) • TV: Judicial Dialogue (e.g. Mexico, Ukraine, South Africa, Russia) • Schools: “Student Judges” (e.g. Guatemala, Costa Rica) • University/NGOs: Youth Justice (e.g. Philippines, Poland, Chile) Sources: Author and http://portal.unesco.org/ci/en/ev.php-URL_ID=16315&URL_DO=DO_TOPIC&URL_SECTION=201.html

21. Approaches: Citizen Outreach • Media dissemination of annual reports, Citizen Charters (e.g. Netherlands, UK), “Open Days” (e.g. Kenya) • One-Stop-Shop for Justice Services (Casas de Justicia) (e.g. Brazil, Colombia, Argentina, Peru, Tri. & Tobago) • Culture and Justice (e.g. Problem Solving Courts Australia, Indigenous Courts Quintana Roo & Chiapas Mexico, Multi-lingual services in Canada & Singapore) • Mobile Courts to help the poor and vulnerable access justice (e.g. Guatemala, Philippines, East Timor)

22. Thank You References include: • http://www.accesoalajusticia.cl/primerforo/si/webjusticia/expo2.htm • www.Oj.gob.gt • ABA-CEELI • UNDP • HOK; Kitai O-Group; KIRK; Mauser; MMN, Hardenberg, and others • World Bank project specialists and experts including Rick Messick, David Bernstein, Roberto Panzardi, Gerald Thacker, Eric Petersen, Christina Biebeshiemer, Lisa Bhansali, David Varela, Davit Melikyan, Heike Gramshaw, Barry Walsh, VivekMaru, Klaus Decker, Maria Amelina, Maninder Gill • Supreme Courts of Guatemala, El Salvador, Ethiopia, Turkey, T&T, Honduras, Venezuela, Singapore, Australia, Philippines, Mexico • National Center for State Courts • Chicago - Ken College of Law • Croatian and Turkish Ministry of Justice • Others