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

Promoting the Rule of Law Promoting the Rule of Law in Latin America & in Latin America &

the Caribbeanthe CaribbeanHon. Peter J. Messitte, U.S. District Court JudgeHon. Peter J. Messitte, U.S. District Court Judge

Council Member, Latin America and the CaribbeanCouncil Member, Latin America and the Caribbean

Michael McCulloughMichael McCulloughDirector, Latin America and the CaribbeanDirector, Latin America and the Caribbean

American Bar AssociationAmerican Bar AssociationRule of Law InitiativeRule of Law Initiative

(The opinions expressed are those of the presenters and not of the American Bar (The opinions expressed are those of the presenters and not of the American Bar Association.)Association.)

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Largest voluntary professional organization in the world, Largest voluntary professional organization in the world, with 400,000 + attorney memberswith 400,000 + attorney members

Primarily funded by duesPrimarily funded by dues ServicesServices

• 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, Mission: To serve equally our members, our profession,

and the public by defending liberty and delivering justice and the public by defending liberty and delivering justice as the national representative of the professionas 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 America abarol.org

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ABA Rule of Law InitiativeABA Rule of Law Initiative Public Service Project of the ABA’s Washington Public Service Project of the ABA’s Washington

OfficeOffice• Over 400 staff worldwideOver 400 staff worldwide

Rule of law is a critical antidote to the pressing Rule of law is a critical antidote to the pressing problems facing the world communityproblems facing the world community• Poverty/Economic StagnationPoverty/Economic Stagnation• ConflictConflict• Human Rights AbusesHuman Rights Abuses

Operates programs in five regions, 40+ countriesOperates 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


Methodology

Alignment• Funding.

Donor. Grant or cooperative agreement. Solicited or unsolicited.

• Technical need: thematic areas.• Political will from host government.

ABA Rule of Law InitiativeABA Rule of Law Initiative Presence in some 40 Presence in some 40

countries.countries. Portfolio of some $30 Portfolio of some $30

million annuallymillion annually Twenty-year Twenty-year

anniversaryanniversary Implementation of Implementation of

grants/cooperative grants/cooperative agreements:agreements:• GovernmentsGovernments• Multi-lateral institutionsMulti-lateral institutions• Non-governmental Non-governmental

organizationsorganizations• Private foundationsPrivate foundations

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Michael McCullough

Convert left hand figures in chart.

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Our Work-Technical AssistanceOur Work-Technical Assistance

Seven thematic areas:Seven thematic areas:1.1. Access to Justice and Access to Justice and

Human RightsHuman Rights2.2. Anti-Corruption and Anti-Corruption and

Public IntegrityPublic Integrity3.3. Criminal Law Reform Criminal Law Reform

and Anti-Human and Anti-Human TraffickingTrafficking

4.4. Judicial ReformJudicial Reform5.5. Legal Education Legal Education

Reform and Civic Reform and Civic EducationEducation

6.6. Legal Profession Legal Profession ReformReform

7.7. Women's RightsWomen's Rights


Our Work – Core PrinciplesOur Work – Core Principles Consultative approach:Consultative approach:

• Responsive to the requests and priorities of the Initiative’s local Responsive to the requests and priorities of the Initiative’s local partners.partners.

Comparative approach: Comparative approach: • U.S. legal system providing just one of several models that host U.S. legal system providing just one of several models that host

country reformers can draw upon.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-Strengthening institutions in both the governmental and non-governmental sectors.governmental sectors.

Providing thought leadership:Providing thought leadership:• Drawing on both ABA ROLI’s extensive overseas field experience and Drawing on both ABA ROLI’s extensive overseas field experience and

on the resources and convening power of the ABA.on the resources and convening power of the ABA.

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Latin America & the CaribbeanLatin America & the Caribbean

Challenges to the Challenges to the rule of law:rule of law:• CorruptionCorruption• ImpunityImpunity• Organized CrimeOrganized Crime

Drug TraffickingDrug Trafficking Human TraffickingHuman Trafficking Money LaunderingMoney Laundering

• Citizen SecurityCitizen Security

American Bar Association Rule of Law Initiative, Latin America and Caribbean Division abarol.org

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DefinitionsDefinitions Criminal Justice SystemsCriminal Justice Systems

• InquisitorialInquisitorial: : Judges exercise significant Judges exercise significant

control; they investigate control; they investigate and gather evidenceand gather evidence

Typically writing-basedTypically writing-based

• AccusatorialAccusatorial: : Advocates (prosecutors Advocates (prosecutors

and defenders) are and defenders) are responsible for responsible for investigating, gathering investigating, gathering evidence, and presenting evidence, and presenting it persuasively to the it persuasively to the judge or juryjudge or jury

Typically orality-basedTypically orality-based


Ecuadorian attorneys present evidence during a mock trial.

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Criminal Justice Reform in LACCriminal Justice Reform in LAC

StatusStatus• Many governments have enacted legislation to convert Many governments have enacted legislation to convert

from inquisitorial to accusatorial systems.from inquisitorial to accusatorial systems.• Organizations aimed at fighting impunity in LAC Organizations aimed at fighting impunity in LAC

countries are assisting with the transition.countries are assisting with the transition.


Panamanian forensics experts learn how to testify during an oral trial.

Lessons LearnedLessons Learned

Promote local ownership/buy-inPromote local ownership/buy-in Conduct aggressive communications campaignConduct aggressive communications campaign Confront misperceptionsConfront misperceptions Speak to interests: efficiency, effectiveness, Speak to interests: efficiency, effectiveness,

critical role, prestigecritical role, prestige• Institutions, operatorsInstitutions, operators• CitizensCitizens

Apply holistic approach: training, institutional Apply holistic approach: training, institutional strengtheningstrengthening

Apply inter-institutional approachApply inter-institutional approach Reach “next generation”Reach “next generation”

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Lessons Learned Lessons Learned (cont’d)(cont’d)

Demonstrate early successDemonstrate 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 methodologyApply inter-institutional methodology Recognize Recognize

• Role of judgesRole of judges• Visibility of policeVisibility of police

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Lessons Learned Lessons Learned (cont’d)(cont’d)

Promote value of alternative dispute Promote value of alternative dispute resolutionresolution• Challenges: perception and legal Challenges: perception and legal

cultureculture Nationalize training quickly Conduct transparency programming

concurrently Promote lessons learned, synergies Recognize value of now

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ProgramsPrograms TrainingTraining

• Trial advocacyTrial advocacy• Investigative techniquesInvestigative techniques• Substantive trainingsSubstantive trainings

Legislative ReformLegislative Reform Institutional StrengtheningInstitutional Strengthening

• AssessmentsAssessments• Case TrackingCase Tracking• Process EngineeringProcess Engineering

Study toursStudy tours


Belizean justice sector operators and civil society representatives assess the

Belizean juvenile justice system.

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Focus Focus Countries: Countries: Where We Where We

WorkWork

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ECUADORECUADOR Challenge: ReformChallenge: Reform

• Inquisitorial to Inquisitorial to accusatorial systemaccusatorial system

• Written to oral Written to oral proceedingsproceedings

• Civil law to common Civil law to common lawlaw

Current ProgramsCurrent 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 America abarol.org

A delegation of Ecuadorian jurists visits the University of Houston Law Center in Houston, Texas, as part of a study tour.

Video Clip: Program Highlight

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PANAMAPANAMACurrent ActivitiesCurrent Activities

• TrainingTraining Culture of lawfulnessCulture of lawfulness Police: Human rights Police: Human rights

and due processand due process Attorneys: Trial Attorneys: Trial

advocacyadvocacy

• Criminal ProcedureCriminal Procedure


Representatives from Panama’s police force, forensics team, and public prosecutor’s office attend culture of lawfulness training on the implementation of the accusatorial system.

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MEXICOMEXICO Current ActivitiesCurrent Activities

• Strengthening legal education Strengthening legal education and legal profession and legal profession

AssessmentsAssessments GuideGuide ImplementationImplementation

• Study toursStudy tours• Training for justice sector Training for justice sector

operatorsoperators Past ProgramsPast Programs

• Human Trafficking Assessment Human Trafficking Assessment ToolTool

• Mediation centers and Mediation centers and trainingstrainings


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BELIZEBELIZE Current ActivitiesCurrent Activities

• Prosecutorial Reform Index Prosecutorial Reform Index and substantive trainingand substantive training

• Process engineering: Process engineering: improved managementimproved management

• Computerized court Computerized court management systemmanagement system

• Strategic plan for juvenile Strategic plan for juvenile justicejustice


ABA ROLI Country Director, Antoinette Moore, discusses the typical process of cases outside the Supreme Court.

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GUATEMALAGUATEMALA

Current ActivitiesCurrent Activities• Prosecutorial Prosecutorial

Reform IndexReform Index• Substantive trainingSubstantive training• Process Process

engineering: engineering: improved improved managementmanagement


The “Palacio de Justicia” in Guatemala City.

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NICARAGUANICARAGUA

Current ProgramsCurrent Programs• Juvenile justice reformJuvenile justice reform

Past ProgramsPast Programs• ArbitrationArbitration• Commercial MediationCommercial Mediation• Competition Law Competition Law

ReformReform


A juvenile justice study and strategic plan will help determine how rehabilitation can best be achieved during juveniles' formative years.

Conclusion

Goal to support the rule of law in the region.

Seek dialogue with member states.• Informal consultation.• Formal partnership.

Consider country’s priorities, and how ABA ROLI can best assist.

Questions?

ABA Rule of Law InitiativeABA Rule of Law Initiative 2525

Latin America and Caribbean Division740 15th Street, NW

Washington, DC 20005

www.abarol.org

Telephone: +1 (202) 662-1950 Fax: +1 (202) 662-1597

Michael McCullough, Director [email protected]

Documents

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