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

Problems and Lessons of ICT Initiatives:
As I mentioned at the beginning, despite the long list of IT applications in Latin American justice sector institutions, the results seem to be mixed. After some false starts and failures, some countries are beginning to adopt technological measures (coupled with other initiatives) that promote the rule of law and strengthen democratic principles. (See Annex.) Brazil has successfully introduced technologies in the Supreme Court, electoral courts, small claim courts and many state courts to improve efficiency. Also efforts are in hand to leverage technology in “de-bureaucratizing tasks,” expanding the initial experiences and promoting activities at the federal and state levels. Venezuela’s highest court (Supreme Tribunal of Justice) has launched internal networks and web-based applications that provide integrated solutions for court governance, the operations of court chambers, systems that support the work of justices and decision preparation, the publication of court decisions, administrative management and perhaps most importantly applications for user information centers. At the lower court levels, based on a comprehensive ICT plan, pilot programs are being implemented in the cities of Barquesimeto and Barcelona to support the implementation of new court organizational structures for all courts and new criminal procedures and family codes. These have been under testing for the last one year, where oral procedures have been introduced and have begun to show positive results in terms of court efficiency and flexibility to accommodate other features of access to justice. (e.g. public access to information, transparent case distribution and notification). Guatemala recently started testing internet based distance learning for judges and staff. Argentina and Mexico are adopting major programs to update legislation databases and information on reform initiatives and studies. In Mexico, a national conference was held in June 1999 for the purpose of sharing information on the use of ICT in the Judiciaries of each of the Mexican States. The results of a national survey on the current use of ICT applications were published at the conference, thus enabling judicial officials to assess the use of applications in other States, to benefit from lessons learned, and to plan for the future. Chile has built up criminal justice information systems for coordination and control, and is applying and upgrading systems in order to meet modern needs and to harness technological advances. El Salvador is developing a forward-looking master plan for introducing technologies in courthouses to take advantage of the telecommunication reform in the country. Argentina, Colombia, Dominican Republic, Costa Rica and other countries are investing in building basic IT infrastructure and upgrading existing systems. The above-noted initiatives are funded by national governments, bilateral donors such as USAID, World Bank, IDB, UNDP and other agencies [ 3 ] .

Some of the “problems” which are interconnected have eroded the “full impact” of technological advances in judicial systems, but offer useful lessons for future initiatives:

1. Disconnect between judicial reform mission and ICT investments. Early initiatives to introduce IT technologies were purely focused on the computerization of activities not necessarily interwoven (no interconnectivity) with the larger judicial reform agenda, or did not directly impact judicial performance from the “users’ perspective.” For example, historical court records were computerized using microfiche technology that improved court records but did not address the real problems of the system such as access to justice or court fees. Thus, there was a disconnect between the real issues and investment targets. Also, when computerization was believed to be the final solution, too much was promised without the realization of the need to pay due attention to the cultural “change process.” The result was the undermining of any benefits of a continued effort which depended upon new funds allocated by key decision makers. Also, many efforts were linked to reorganizations, legal reforms and reengineering efforts that were not necessarily successful, thus casting a shadow on the value of IT investment as an element of sustainable change. Also there was a lack of a sufficient level of investments. Since IT investment are costly, especially in countries that do not have any basic IT-infrastructure, inadequate resources were allocated to meet real needs (both for building up the minimum support infrastructure and that of applications systems). This lack of funding resulted in patchy work, and quick fixes, thereby wasting time and creating unfulfillable expectations. Also, the judicial reform agenda that has evolved demonstrates increased awareness that IT systems provide greater support for different initiatives rather than a solution by themselves. Also there is a realization that greater reforms are now possible because of creative, flexible internet type advances.
2. Weak institutional capacities and wrong priorities. In justice sector institutions--whether the courts, ministries or other agencies--deficient organizational arrangements for the planning and implementation of ICT investments are among the main weaknesses. There is also a lack of planning mechanisms, poor arrangements for discharging responsibilities, a lack of opportunities for systematic learning by justice sector staff, and a general shortage of skilled IT professionals. The absence of basic infrastructure has affected the possibility of leveraging the use of information technologies. As a result, many investments were “vender driven” rather than well thought through by the institution in terms of its capabilities and priorities. Some countries ended up with a large in-house staff for software development which became a burden on the institution, defeating the goals of greater efficiency and effectiveness. Attracting qualified people is a problem, in particular in developing countries where remuneration systems are not competitive. Since capital investment require large budget provisions, there are instances when lack of cost-benefit or other economic analyses have not supported correct decisions and projects have been cancelled or delayed. Cumbersome procurement procedures and the special nature of computer technology are not well understood, and their harmonization are often not well reflected in procurement policies and practices in developing countries.
3. Lack of knowledge of senior policy makers and judges on the importance of ICT and their commitment to modernize. Benefits and opportunities available with ICT to improve business processes and core judicial operations are not well articulated. Efforts to improve access to justice, citizen participation and communications that can be “leveraged” through the introduction of technologies, have generally not been targeted to appropriate levels of decision makers. Too many of the initiatives are handled at low levels that have functional rather than decision-making authority and clout. This has at times resulted in funding cut-offs and shelved projects. Managerial turnover, and communications problems across cultures and languages also have impaired the pace and success of the projects.
4. Lack of donor coordination. Projects in developing countries have likewise been weakened by failures to integrate aid from different sources, resulting in disparate equipment and software specifications, and business processes that cannot “talk to one another.” This problem is usually severe in countries where institutional capacities are weak.
5. Lack of stakeholder involvement and training which undermines change. Another flaw has been inadequate consultation with the concerned stakeholders, especially on their perceptions of, and readiness to implement ICT induced changes. As ICT programs often result in new work methods and behavior, the participation and education of employees and users is fundamental. Programs that overlook factors of resistance to change almost invariably fail sooner or later.