Building Skills: Guatemala’s Judiciary and E-Learning

1. Building Skills: Guatemala’s Judiciary and E-Learning WaleedHaiderMalikLatin America and the Caribbean Region, The World Bank wmalik@worldbank.orgJustice Through Judicial Professional Development Fourth International Conference On The Training Of The Judiciary International Organization for Judicial Training (IOJT) Sydney, Australia, October 25 to 29, 2009

2. Contents • Development challenges, country and judicial modernization context • Norms and institutional arrangements for judicial professional development • Strategy and results of e-learning in building skills

3. “The World Bank Group can.. offer leadership by integrating good governance and rule of law policies in the development agenda” Robert B. Zoellick President, The World Bank Group Source: "Catalyzing the Future: An Inclusive & Sustainable Globalization, Annual Meetings 2007

4. Development Challenges and the Role of Justice Institutions COUNTRY CONTEXT Investment Climate Poverty & Exclusion JUSTICE INSTITUTIONS Access to Justice Transparency & Accountability Institutional Capacity & Efficiency Governance

5. Social and Administrative Profile • Population of Guatemala about 13 million that is multi-cultural, multi-ethnic and multi-lingual • After 36 years of war, Peace Accords were signed in 1996 and a post-conflict reconstruction effort was initiated including judicial modernization • Return to civilian government in January 1986 • Democratic government. Administratively the territory is divided into 22 districts and 333 municipalities

6. Judicial Branch Modernization PlanStrategic Priorities • Institutional Capacity and Human Resources • Access to Justice • Transparency

7. Distribution of Judges, Lawyers and Cases: 1999and 2009*Right Sizing of the Judiciary Helps Correct Disparities Formal Mechanisms Traditional Mechanisms

8. Judicial Modernization: Demand and Supply Approaches Judicial Decision Users Other Sector Institutions Do more with same resources Expand and diversifysupply of justiceservices: • Encouragetimeliness in thesystem, and promotealternatives • Recognizemultidisciplinarynature of justiceservices • Improveemphasisonexecution of judicial decisions • Encouragemeasuresthatprovideflexibility and innovation in serviceprovision (e.g e-justice, mobilecourts, familymediation, youthrestorativejustice, judicial mapping) • Developjudicial training, e-learning, excellencestandards and certificationsystemsforjusticeservices Rationalizedemand of justiceservices and empowercitizens, especiallythe vulnerable groups: • Promotethecitizenscharterforaccesstojustice and outreach • Promote legal aid, professionalservices and education • Promotetransparency, and publictrialsthatenhanceconfidence • Encouragedisjudicialization (e.g.expandnotaries role) • Promote cultural sensitivity and NGO outreach • Promote24 hourcourtsfordemandmanagement

9. Current Challenges: Formal and TraditionalJustice System • Progress made by Guatemala in both modernizing and integrating, including incorporation of court-annexed ADR centers. • Need for more reform, especially in criminal justice institutions, crime control and prevention, and transparency integrity systems. • Vibrant indigenous norms and practices (customary law) exist. Need for more integration of customary justice (in compliance with international human rights norms) with formal, modern justice.

10. II. Judicial Professional Development:Legal Framework • Constitution of the Republic of Guatemala (e.g. Article 207 outlines academic, moral and professional standards of judges) • Judicial Career Law (1999), Articles 12-19 (e.g. provide training principles and requirements) • Code of Ethics of the Judicial Branch (e.g. applies to all judges and staff)

11. Judiciary’s Human ResourcesTotal Number of Judges and Staff = 7,796 (June 2009)

12. Arrangements for Skills Development • Judicial Training Center (since 2003): • Mission: “…contribute to achieve high level of efficiency in the performance of the judiciary…” • Vision: “...be recognized...as a vanguard in human resource development…” • Staffing: Director, academics, and administrative staff. • Infrastructure: New training facility in Guatemala City, modern training rooms in regional courthouses, and video conferencing and e-learning capabilities.

13. Training Programs and Methods

14. III. Building Skills: Evolution of E-Learning • Modernization of the Judicial Branch’s ICT capabilities started in 2003. It is a pre-requisite for the program. • Carryout of training needs assessment and set up of a computer lab for the Judicial Training Center in 2005. • Design and pilot test of an on-line course in 2005, using different methods (face-to-face, virtual, hybrid or semi-virtual).

15. Strategy: The E-Learning Triangle Content: course design and curriculum Participant: judges and staff Tutor: senior judges, local and international experts Semi-virtual

16. Courses Offered via E-Learning • Family law • Environmental law • Administrative procedure • Commercial procedure • Court hearings management • ADR mechanisms • Information technology

17. 2000 1500 1000 500 0 2006 2007 2008 2009* 83 151 995 517 MEN 36 209 990 601 WOMEN 119 360 1985 1118 TOTAL PARTICIPANTS JUDGES AND STAFF E-Learning Gender Profile * August 2009

18. E-Learning Impacts and Lessons • Substantial increase in training coverage (119 participants in 2006 to 1,985 in 2008) • Interruption of court activity has been reduced, as judges and staff can now receive training in their workplace without being away for long durations to Guatemala City. • Judges and staff feel empowered and motivated due to increased professional development which is reflected in more efficient operational performance. • Scale-upwould require new content development, identification of new target groups and delivery methods, M&E and link to incentive systems (e.g. professionals should be required to take at least one course a year). • Key success factors: cost effectiveness, content quality, and semi-virtual course delivery that best suits adult learning.

19. Thank You WaleedMalik, World Bank, Washington, DC, USA wmalik@worldbank.org • Roberto Panzardi, Richard Messick, David Varela, Sharon Spriggs, Karla Lopez, World Bank With:Aida Franco, Director Judicial Training Center, Guatemala Veronica Herrera, General Coordinator, Judicial Training Center NapoleonGuix Zarate, Coordinator, International and InstitutionalRelations, and ProtocolUnit Reinternacionales@oj.gob.gt