Report: strengthened judicial system in rural Nicaragua

Report from an evaluation of an extense Sida-financed project aiming to strengthen the judicial system in rural Nicaragua. The project was current from 1993 - 1999 and 122 smaller court houses were built in in rural municipalities. An important objective to the project was providing access for common people to imparcial and efficient justice on local level. Below a résumé in English of the report. A Spanish summary of the report is availableas well. The Impact of Local Courthouses on the Access to Justice An independent evaluation conducted for Sida by Elisabeth Lewin, team leader (Sweden), Christian Åhlund (Sweden) and Martha Quintana G. (Nicaragua) in 1999. Background Although some progress has been made in the past decade, the judicial system in Nicaragua is still largely inefficient and inaccessible. There are serious problems and shortcomings, such as lack of professional training, obsolete and incoherent legislation, insufficient resources, slow and inefficient procedures and corruption. However, since 1993 Nicaragua is undertaking a comprehensive reform program with the support of the international donor community. The Supreme Court is leading the reform process with UNDP in a a supporting role identifying projects and mobilizing external resources. Besides Sweden, other major contributors to the sector are EU, IDB, USAID, Spain and Japan. Sweden has supported the reform by funding the construction of 122 local courthouses in 1993 – 99. The Swedish contribution amounts to 50 MSEK (appr. US$ 6.7) corresponding to 83% of the total cost of US$ 8.1 million. UNDP and the Supreme Court have assumed the remaining part. This project has made Sweden the largest donor to the sector in recent years. There are three parties to the project agreement: the Governments of Nicaragua and Sweden and UNDP. The Supreme Court has executed the project, UNDP has coordinated it and handled the administration and control of the Swedish funds. Sida and the Embassy of Sweden in Managua, has monitored the project. There are now courthouses in 147 municipalities in Nicaragua. The local court constitutes the lowest of the four levels of jurisdiction. They hear civil cases involving less than 15000 Córdobas (approx US$1300) and criminal offenses with a maximum penalty of three years of imprisonment. Cases may be appealed to the district courts. The immediate objective of the Swedish funded project is the construction of local courthouses in the rural communities. The long term development objective to which the Swedish funded project is expected to contribute is an effective, impartial and independent judicial system accessible to all. The Evaluation This is an impact evaluation. Its purpose is to determine whether and to what extent the new local courthouses are contributing to improved access to justice in rural areas. A separate technical evaluation has been undertaken to determine the achievement of the immediate objective, the construction of the courthouses. In early 1998 Sida commissioned the Central American University (UCA) in Managua to undertake a pre-study as a preparation for the evaluation. A survey was undertaken in 11 municipalities addressing issues related to the new courthouses. This study helped the evaluation team identify and select evaluation issues. The main study was then undertaken in two phases, in September 1998 and March 1999. The team was composed of Ms Elisabeth Lewin, a Swedish economist, as team leader, Mr Christian Åhlund, a Swedish lawyer, and Dra Regina Quintana G., a lawyer from Nicaragua. Mr Christopher Kindblad, a Swedish sociologist, participated in the first phase. Following studies of project documentation and interviews with the Supreme Court, UNDP, the Embassy of Sweden and major donors to the sector, the team visited four rural municipalities to better understand the situation at the local level. Exploratory interviews were held with four local judges and 20 randomly selected local people. The team decided that in order to evaluate people’s access to justice the study must focus on the users of the local courts. It was agreed that “access to justice” be defined by means of 1) Physical access, 2) Infrastructure of the courthouses, 3) Attention to the users, 4) Professional qualifications of the judge, 5) Relations between the judge and the community, and 6) Relations between the judge and the local authorities. Some of these aspects could be observed, but most information had to be collected through interviews. Ten municipalities with a variety of characteristics were selected, primarily in the poorest departments of Nicaragua. In each municipality two categories of people were to be interviewed: the local judge and users. Users were defined as persons who had presented one or more cases to the court. They were selected by the evaluation team from the case registry kept by the courts. In all, the team interviewed ten judges and 57 users. The judges were interviewed in the courthouse and the users in their homes. For reasons of time constraint, only people who lived relatively close the courthouse were selected. This may have caused a certain bias to the results. Findings The findings of the evaluation are related primarily to the access to justice, as defined above, in rural Nicaragua, secondly to side effects, the target group and gender aspects. Before the courthouses were constructed, the local judge generally worked in a small and modest office space, often provided by the mayor or other important people. No housing was provided. The judge was usually from the same place and thus often closely related to some people in the town. Most of the judges were laymen who served for extended periods of time. Most were men. There was little control and supervision of their work. While the team heard much about the situation previous to the project from many sources, unfortunately written, objective data is scarce which makes comparisons ”before and after” difficult or even impossible. The following observations are based on visits to 14 courthouses. The physical access to the courthouses is excellent. All courthouses are centrally located and easy to identify due to their uniform design, colours and national symbols. They are easily accessible to people living in or reasonably close to the municipal centers. For those living in more remote parts of the often large municipalities, access is often complicated. People may have to walk, ride on horseback or go by boat for many hours to get to the courthouse. All judges interviewed agreed that the courthouse provides excellent conditions for the administration of justice. The design and use of office space are well liked, for example that the archives are securely kept in a separate space and that the judge’s office allows for interviews and mediation in private. The houses provide security to judges, staff and visitors, an aspect highly valued especially in violent and conflictive communities. The living quarters located in the courthouse are much appreciated. Good and safe housing made available free of charge has served as an incentive to many of the judges to take up jobs in remote localities. The permanent availability of water is valued. Office hours are generous and convenient to the public. 82% of the users said they were received courteously. 67% considered that their case had been solved within a reasonable time frame. Half of the respondents thought that the judge had been fair and impartial while 35% were of the opposite view and the rest did not respond. When correlating these views with the outcome of the cases, it turned out that most of those that did not consider the judge fair, had received unfavourable decisions and vice versa. Almost 90% of the judges now have a law degree or are students of law. Unfortunately, no records are available from previous periods allowing for statistical comparison. However, there has no doubt been a remarkable leap in the level of professional qualifications in recent years. And as of 1999, a law degree is mandatory for local judges. Local judges are visualized as important public figures at the local level. However, the evaluation team found that with rather few exceptions judges tend to remain in the courthouse and rarely take active part in the life of the community. One explanation is that most of them spend only the workweek in the location and return home for the week-end. The judges consider the their relations with the police quite good. The police is said to do its best to collaborate and comply with the judge’s resolutions. However, the insufficient material resources of the police were stressed by all judges. With regard to the mayor, only two out of 14 judges stated that the mayor had tried to interfere in judicial matters. The evaluation team identified some important side effects of the project. The courthouse serves not only as a focal point of justice but also represents the presence of public authority, which is important to reduce the risk of breakdown of law and order. In Nicaragua there are vast areas, particularly in the western and northern regions, that are sparsely populated and lacking in infrastructure. Earlier, the military constituted at least some kind of government presence, but following the reduction of the armed forces, this is no longer the case. The independence and prestige of the local judge have been enhanced by the new courthouses, the professional requirements and the improved salary level. These factors have facilitated recruitment from out of town. This is important because it greatly reduces the judge’s dependence on and loyalties to the local elite. The courthouses are often not only the most adequate and well-equipped public offices in rural municipalities, but they also provide the judge with high quality housing. This enhances the status of the judge and makes him/her more respected in the eyes of the public. This is important also in a wider sense because the public view of the entire judicial system will be formed by and large by the local judge. Who are the users of the local courts? Are the poor people, the illiterate, women as well as men, fairly represented or is the local elite over-represented? Although there is no statistical evidence, the team concludes that those that present cases to the local court by and large represent a crosscut of the local population. Notwithstanding poverty and low educational levels, people know quite well how and when to approach the judge and they don’t hesitate to do so. Women now make up more than half of the law graduates in Nicaragua. Given the present requirement for judges to have a law degree, the availability of excellent working and housing arrangements, a reasonable salary level and the stability of employment the judicial career is now attractive to women. Therefore it comes as no surprise that 57% of the positions are now held by women (October 1998). The seven female judges (out of 14) interviewed were all young, enthusiastic and dedicated to their work. Even more important, they were respected by both men and women in their locations. On the basis of interviews at the community level, with the Supreme Court and two associations of lawyers the evaluation concludes that corruption is not a serious problem of the local courts. This is explained by the general poverty level of the users and the less significant cases that these courts deal with. However, the corruption at the district level has repercussions on those clients whose cases are appealed from the lower courts. Recommendations Although the formal legal education of the local judges has improved remarkably, many of the new judges have little or no practical experience of legal work when they take up their positions. There is no introduction course at the Judicial School before a new judge takes office, nor is there guidance or supervision by the superior levels of the judicial system. It is recommended that new judges be given an introductory course at the Judicial School and/or be given the opportunity of working together with an experienced local judge for a period of time prior to taking up office. Close supervision of the local judges is required to make sure that the law is being implemented correctly and administrative routines are being followed. Interviews held with the Supreme Court and a Court of Appeal indicate a lack of clarity as to who bears the responsibility for the supervision. It is recommended that the aspect of supervision be dealt with urgently by the Supreme Court and that the responsibility be assigned to the appropriate level. The local judges work alone, often in remote locations. Although some legal literature is now being provided, it is still not enough. For example, there were no publications of jurisprudence available in any of the 14 local courts visited. In a situation where often inexperienced judges work in isolation such legal literature would be of tremendous help and would improve the work of the judge and the quality of justice provided. It is recommended that the local courts be supplied with all relevant legal literature available, and particularly with the anual ”Boletin Judicial” containing the judgements by the Supreme Court. The general lack of resources in the court system has particularly serious consequences at the local level. For example, many courts have no telephone or other modern means of communications. It is recommended that wherever possible telephones be installed in the courthouses. The lack of legal aid and a system of public defense affect the entire judicial system. However, the problem is particularly pronounced at the local level, because in remote areas there are no lawyers at all to be found. 90% of indigent defendents are said to go to trial without an attorney. It is recommended that creative solutions to the situation of public defense at the local level be sought. Maintaining correct and pertinent statistical information is necessary for the monitoring of the work of the courts. The present statistical reporting is far from adequate. It is recommended that the Supreme Court ensure that the instructions to the local courts in this respect be more precise and supervision and control of the statistical reporting improved. Lessons Learned The significance of a building, such as a local courthouse, can be much greater than that of the physical construction. As shown in this evaluation, the newly constructed courthouses, bring with them several advantages and benefits, such as the possibility of recruiting more qualified judges, less political interference in judicial matters, greater independence of the court, more respect for the judge and for the judicial system as a whole. The courthouse becomes a symbol of justice, but in a wider sense it also represents public authority. This is particularly important in remote areas where such presence is often non-existent and where risks of break-down of law and order is imminent. On the other hand, the construction of courthouses per se cannot be expected to improve access to justice. Several coordinated, mutually supportive efforts must be made in order to create conditions for change and qualitative improvement. For example, preconditions for the success of this project were changes and initiatives, such as increased financial resources to the judicial sector, a more adequate salary level for local judges, modernization of the legislation and the establishment of a Judicial School for periodic training.