Foreign Assistance: Promoting Judicial Reform to Strengthen Democracies
NSIAD-93-149
Published: Sep 01, 1993. Publicly Released: Sep 01, 1993.
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Highlights
Pursuant to a congressional request, GAO reviewed U.S. efforts to improve the administration of justice in developing countries, focusing on the: (1) lessons learned from 10 years of judicial reform experience in Latin America; and (2) U.S. government's management approach to judicial reform in the new democratic countries of Central and Eastern Europe.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of State | Where appropriate, the Secretary of State, the Administrator, AID, and the Director, USIA, should apply the lessons learned from judicial reform programs in Latin America to future judicial reform programs. This includes: (1) ensuring that host countries are receptive to change before initiating large programs; (2) addressing political and institutional obstacles along with addressing technical problems; (3) ensuring that impact evaluations are used in making decisions about continuing the programs or projects; (4) ensuring that the entire U.S. country team in the recipient country is supportive of the program; and (5) ensuring that the programs are staffed with sufficient experienced personnel. |
The State Department participates in an interagency working group led by AID to coordinate Rule of Law programs and supports the actions identified by AID to address this recommendation.
|
| U.S. Agency for International Development | Where appropriate, the Secretary of State, the Administrator, AID, and the Director, USIA, should apply the lessons learned from judicial reform programs in Latin America to future judicial reform programs. This includes: (1) ensuring that host countries are receptive to change before initiating large programs; (2) addressing political and institutional obstacles along with addressing technical problems; (3) ensuring that impact evaluations are used in making decisions about continuing the programs or projects; (4) ensuring that the entire U.S. country team in the recipient country is supportive of the program; and (5) ensuring that the programs are staffed with sufficient experienced personnel. |
AID has developed policy guidelines and initiated actions that essentially implement the recommendations. AID has adopted a strategic framework for setting Rule of Law priorities and designing projects. Projects now include performance indicators, which AID uses to evaluate success and make funding decisions. Furthermore, AID encourages a country team approach led by the ambassador to insure coordination.
|
| United States Information Agency | Where appropriate, the Secretary of State, the Administrator, AID, and the Director, USIA, should apply the lessons learned from judicial reform programs in Latin America to future judicial reform programs. This includes: (1) ensuring that host countries are receptive to change before initiating large programs; (2) addressing political and institutional obstacles along with addressing technical problems; (3) ensuring that impact evaluations are used in making decisions about continuing the programs or projects; (4) ensuring that the entire U.S. country team in the recipient country is supportive of the program; and (5) ensuring that the programs are staffed with sufficient experienced personnel. |
USIA participates in the interagency working group led by AID to coordinate Rule of Law programs and supports the actions identified by AID in response to this recommendation.
|
| U.S. Agency for International Development | Since numerous AID assessments show that ILANUD has not accomplished its objectives, the Administrator, AID, should determine whether all U.S. funding support for ILANUD should be immediately terminated or phased out on an orderly basis. |
AID agreed to extend ILANUD funding for an additional year ($317,000). In response to GAO inquiries, the Director of LAC/DI stated that ILANUD would not receive additional funds from the division to finance core management activities. AID has given permission to individual missions to use ILANUD for Rule of Law projects as determined by the missions. The Director, LAC/DI, reiterated that ILANUD does some things very well and they will probably continue to be contracted by the mission to provide judicial training and develop curriculum.
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| Department of State | With respect to judicial reform in Central and Eastern Europe, the Secretary of State, as coordinator for all programs in that region, should clarify the appropriate roles of participating agencies, including the U.S. embassies, to improve efficiency and coordination. If a decision is made to expand administration of justice programs in that region, then: (1) the long-term judicial reform needs of each country should be assessed before additional funds are committed; (2) strategic plans for meeting these needs should be developed; and (3) the coordinator's office should ensure that State, USIA, and AID projects are consistent with these plans. |
The State Department participates in an interagency working group led by AID to coordinate Rule of Law Programs and supports the actions identified by AID to address this recommendation.
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Federal aid for criminal justiceFederal aid to foreign countriesForeign aid programsForeign governmentsInteragency relationsInternational cooperationInternational relationsJudicial reformLaw enforcement agenciesForeign aid to El Salvador