Introduction

The Impetus of Judicial Reform

Judicial Reform Strategy and its Challenges

Framework for the Use of ICT

Problems and Lessons of ICT Initiatives

What Does the Future Hold?

Conclusion: How a Strategic Focus can be Achieved Through Learning?

Annex: ICT Experiences

What Does the Future Hold?
Several “opportunities” exist that need to be exploited for the development of a “strategic framework” for ICT use in justice systems in developing countries. Some of these are:

• Increased policy attention to “poverty alleviation” and “rule of law” by development institutions which offers hope and resources to countries. This focus should have the impact of increased education and welfare of the world population. Legal frameworks, and the judiciary administering them will have to tailor themselves in response. For example, the World Bank through its Comprehensive Development Framework (CDF) and Voice of the Poor study seeks to provide integral solutions to fight poverty and improve governance and justice services. Also, World Development Reports (WDR) has highlighted the importance of technology in the social and economic development of countries. Regional and international meetings have been organized by many institutions (e.g. UNDP, IDB) and governments in Latin America and elsewhere to promote ICT investments. It is expected that increased policy attention would translate into concrete actions and impacts; some of which are being noticed in pilot countries.
• World infrastructure for communication (and technologies) is exponentially improving. This may offer cost-effective solutions to access to justice, training and coordination problems. It may also help jump-start judicial development in countries where traditional means of communication are lagging behind, and major capital investment resources are not available. This could be achieved through the use of wireless communication technologies or distance learning.
• Citizen awareness, internet literacy, e-commerce, e-government are on the rise in many countries. Public awareness and culture is demanding that legal systems be more open and approachable. School education and legal professional institutions are revising curricula to incorporate training and understanding of technological advancements and opportunities. Many law schools are educating lawyers in managing and using modern tools, and are imparting skills to master the legal intricacies and benefits of--for example--on-line legal services and research potential with the internet. Students are learning internet technologies very early in life that will help in culture changes in judicial institutions as they progressively join them and take functional and decision-making responsibilities. Many judges in some countries today have no computer hook-up (e.g. internet access) at the court, but rely on their children and other family members to communicate with other colleagues and carry out legal research. Age barriers, the digital divide and gender bias are being addressed through education and literary programs. E-commerce has taken on a totally new dimension, affecting the economy, judicial institutions and social culture. E-government initiatives are also growing, and this will change the way governments operate. Although judicial culture is typically more inward looking and resists change, the above noted factors should have a favorable impact on the environment in which judicial reforms are developed and implemented.
• There is a large body of judicial knowledge (including ICT experiences) that offers unique learning experiences. Technology is being accepted as a key force of change in judicial sector institutions. Many good practice locations (in EU and elsewhere) have several years of very valuable ICT and other experience which should be shared. Experience has shown that judge-to-judge and administrator-to-administrator learning is most effective, since the institutional culture of the justice sector does not generally accept traditional consultants and teaching methodologies. Meetings like these provide an excellent forum for knowledge sharing. But more needs to be done as information on the lessons learnt is not complete, particularly in Latin America. Countries are more likely to develop change programs that are “in-synch” with other legal and judicial reform ingredients.