PROVIDING ALTERNATIVE SOURCES OF JUSTICE
In addition to reform of the traditional court systems, USAID
has also made significant advances in providing alternative
mechanisms of justice. Since court systems can have backlogs
of cases that are sometimes years long, there is a need for
a speedier and less complicated route to justice. USAID programs
in Latin America have initiated casas de justicia, or community
justice centers. Now operating in several countries (including
Colombia, Guatemala, and Peru), these justice centers bring
together a variety of justice-related institutions and services
under the same roof, typically in lower income or marginalized
neighborhoods.
Results so far are impressive. The Justice Centers show improved
citizen service, access to justice and quality of service,
all with enhanced transparency. This provides the community
with easy access to general legal help, social services, counseling,
and referrals. Often, it is easier to resolve disputes and
achieve some form of justice in these justice centers than
it is through more traditional channels.
As a result, there is a heightened awareness about the access
to justice, and marginalized groups are seeking legal help
more than ever before. This, in turn, has advanced procedural
due process and human rights.
Key elements of the Justice Centers are:
(1) Organizational and administrative structures that reduce
delay, minimize exposure to corruption, and create accountability;
(2) Improved functioning of key actors in their assigned roles
and management structures, and techniques that promote team
approaches;
(3) Use of standardized, user-friendly forms;
(4) User-friendly case management and records systems that
reduce opportunities for corruption, improve the quality of
case supervision, and generate accurate statistics;
(5) Interpreters and culturally-appropriate outreach and education
programs in local languages to make the system truly accessible
to non-native Spanish speakers; and
(6) Promotion of alternative dispute resolution, plea bargaining,
stay of prosecution, and other mechanisms to settle cases
identified through improved case intake and diversion programs.
USAID/Guatemala has assisted the country to develop 14 centers.
In Colombia, USAID has built 23 Justice and Peace Houses,
and anticipates building 17 more throughout Colombia by September,
2005. The houses, most often located in cities of 100,000
or more, offer conciliation services, community police, public
defenders, family law services, family violence response services,
neighborhood dispute resolution, human rights ombudsman services,
and other legal assistance as needed in the local community.
In concert with the Ministry of Justice, USAID has developed
a strong nation-wide network of community mediators. USAID
provides training, reference manuals, and conferences throughout
the country. Through a grant program, USAID also funds five
regional mediation centers and works on legal reforms to improve
access to alternative resolution sources.
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