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Ecuador
>> Regional Overview >> Ecuador Overview Activity Data Sheet
PROGRAM: Ecuador
TITLE AND NUMBER: More Effective and Fair Criminal Justice System 518-012*
PLANNED FY 2001 OBLIGATION AND ACCOUNT: $600,000 (DA) and $3,500,000 (ESF)
PROPOSED FY 2002 OBLIGATION AND ACCOUNT: $0 (DA) and $10,000,000 (ESF)
STATUS: Continuing
INITIAL OBLIGATION: FY 1999 ESTIMATED COMPLETION DATE: FY 2004Summary: The FY 1999-2000 the Democracy Strategic Objective (SO) focussed almost exclusively on the criminal justice sector. This included support to key public sector institutions, particularly the Prosecutor General's Office, to combat public and private corruption. It also assisted related actors in the introduction of a new accusatory criminal justice system, and continuing to strengthen coalitions among public and private institutions participating in priority justice reforms. In addition, USAID continued to provide assistance to key justice sector NGOs to enhance their institutional effectiveness and financial sustainability. The reduction of impunity in the criminal justice area, particularly in crimes of corruption, was defined as the most important indicator of program success. Therefore, the primary component of the justice sector strategy was strengthening the capacity of the Prosecutor General's Office to investigate and prosecute crimes of corruption.
Unfortunately, the emphasis on the Prosecutor General's Office turned out to be extremely vulnerable to the quality of leadership in that office. In May 2000, this major component of our Democracy Program was suspended by a joint USAID, Department of Justice (DOJ), and Embassy decision because of allegations that the Prosecutor General herself was blocking prosecution of corrupt bankers. Because of the linkage of this component with the program's other areas of focus, combined with an initially flawed new Criminal Procedures Code and a nearly year-long Congressional hold on USAID funds for the sector, implementation of the entire program was significantly delayed.
USAID is now revising its democracy program for greater flexibility, broader scope, and more responsiveness in order to formulate an interim "transition strategy" for FY 2001-FY 2004, at which time it may be reassessed and/or revised as part of USAID's next five-year Strategic Plan for Ecuador.
Key Results: The planned results at the SO level in 2000 were largely met, as a new Criminal Procedures Code was approved by Ecuador's Congress. Key features of the new Code are the enhanced role of prosecutors in a new accusatory legal system and modern investigative procedures by the judicial police. However, due to several defects in the Code, and more importantly the failure of the Prosecutor General to enforce these procedures, USAID considers the target only partially met. This will require modification under the revised Democracy SO.
The target of training a new task force of investigators in a pilot financial crimes unit in the Prosecutor General's Office, while achieved, was a "hollow" victory. With the Prosecutor General failing to prosecute financial corruption cases, internal dissention in this unit made it non-functional. In addition, the supplementary legal reforms planned to accompany the new Code were not forthcoming. In contrast, targets were clearly met with respect to establishment of a fund to support justice sector civil society organization (CSO) activities. Five projects (three that promote gender considerations) were approved for funding. Similarly, the sustainability programs to assist the Center on Human Rights and Society (CIDES) and the Ecuadorian Center for Women's Promotion and Activities (CEPAM) with external fund-raising far-exceeded targets.
Performance and Prospects: In addition to the results described above, a study on institutional alternatives for public defense, was initiated in May 2000 and completed the first quarter of FY 2001. The study presents alternatives for private sector provision of these services, incorporating a gender approach to analyze the services provided to women and also includes indicators to measure quality of services. Both of these are key aspects to improve the current system. However, an Implementation Law for the Criminal Procedures Code, planned as a preliminary step for the Introduction of an accusatory justice system, was not formulated. On the positive side, a major component of the Plan, the training of judges, judicial police and staff of the Prosecutor General's Office to perform effectively under the new system, was conducted in coordination with State's Narcotics Affairs Section through DOJ-organized seminars. Also, a grant to train judges nationwide on the application of the new Code was competitively contracted.
The Strategic Alliance Justice Fund continued to increase collaboration of CSOs among themselves and/or with the public sector. Five additional alliances were established, including one among two NGOs, to produce a study on compensation rights and formulate a draft law to enforce this constitutional right, particularly for women who have been most affected by arbitrary judicial processes. In addition, a training of trainers program for prosecutors on the implementation of the domestic violence law to improve protection of women victims was expanded in FY 2000 through another public-private alliance.
FY 2001 funding will consist of $3,500,000 of ESF (as well as $1,500,000 of ESF carry-over) and $600,000 of DA. OF this amount, $2,000,000 will be used for justice sector activities that will include support for the implementation of the new Criminal Procedures Code as well as the passage of secondary laws necessary for full implementation of the new accusatorial justice system. Also, these funds will finance access to formal and alternative processes for the resolution of conflicts for vulnerable groups such as indigenous, Afro-Ecuadorians, women, and rural and urban poor; and the creation of strategic alliances to support justice sector reforms. An additional $2,500,000 will be used to support local governments to more effectively respond to community needs. Targeted local governments will receive technical assistance to promote improved public accountability, transparency, and effectiveness in local decision-making and service delivery. Finally, $1,100,000 will be used to increase oversight capacity of CSOs to combat public corruption. Some of these CSOs will receive technical assistance and training to strengthen their institutional capacity, including funds raising, sustainability, and more efficient management. Also, with these funds, USAID will provide training to potential new leaders on strategic thinking, outreach, advocacy, conflict resolution, and negotiation.
FY 2002 funds of $10,000,000 in ESF will be used to continue the activities initiated in FY 2001. This will include $4,000,000 for justice sector activities, $4,000,000 for local governments, and $2,000,000 for CSOs.
Possible Adjustments to Plans: Despite the positive results achieved in certain areas of the program, these accomplishments are not sufficient to continue the democracy program as originally planned. In particular, the critical assumption of support from the Prosecutor General for fighting corruption did not hold up, resulting in the suspension of the major piece of our Criminal Justice Reform Strategy. Moreover, the current crisis situation with respect to Ecuador's democratic system calls for review of USAID's assistance. USAID is coordinating this strategy revision with the Ecuador Country Team, including the Narcotics Affairs Section. Strategy revision will include an analysis of past USAID successes, Ecuador's current development challenges and opportunities, and examine the need for flexibility to better respond to the changing environment. The new focus aims to promote transparency and accountability in government institutions, greater inclusiveness, and promote policy consensus
Other Donor Programs: Implementation of the World Bank's (WB) $10 million program to modernize the justice sector continued during FY 2000. Pilot court management activities in civil and criminal courts were completed and will be expanded to other cities in 2001. The civil society WB Fund was increased by $500,000 to continue operations. The Inter-American Bank (IDB) is providing a $2.5 million Administration of Justice grant with some support to the Prosecutor General's Office, development of secondary legislation including a proposal related to the National Public Defense System, and a fund for implementing civil society projects in the justice sector. USAID coordinates and communicates regularly with these donors and their local implementing organizations (ProJusticia and DPK). USAID also follows-up on World Bank and IDB activities, including infrastructure modifications to penal courts to facilitate oral procedures.
As it revises its democracy strategy, USAID will consult and coordinate closely with local government, civil society, and leadership development activities of other donors and cooperating agencies such as Germany and local organizations.
Principal Contractors, Grantees or Agencies: Until the end of FY 2000, DOJ was the major implementing partner for assistance to the Prosecutor General's Office. FY 2000 activities for introducing a new accusatory criminal justice system and for strengthening public-private coalitions were subcontracted under the cooperative agreement with Fundacion Esquel through the "Strategic Alliances" Fund.
* This interim "transition strategy" for the democracy efforts for FY 2001-2004 is still in the design and approval stage of program development.
FY 2002 Performance Table
Ecuador: 518-012
Performance Measures:
Indicator FY97
(Actual)FY98
(Actual)FY99
(Actual)FY00
(Actual)FY00
(Plan)FY01
(Plan)FY02
(Plan)Indicator 1: Fund established to support CSOs activities NA NA Met Met Fund designed Fund fully operative Fund increased with other sources Indicator 2: Increased number of corruption cases brought to trial NA NA See comments (a) Met (b)Unmet See indicator description 20% increase in corruption cases brought to trial over baseline 150% increase over baseline Indicator 3: Increased number of convictions in corruption cases NA NA Met Met Passage of the Criminal Procedures Code See indicator description Initial increase of convictions (baseline) by 100% Indicator 4: Sustainability programs implemented in 3 major justice sector NGOs. NA NA Met Met First phase of program completed Programs fully operative NA Indicator Information:
Indicator Level (S)or(IR) Unit of Measure Source Indicator Description Indicator 1: IR Planned actions completed Fundacion Esquel This is a process indicator which will be achieved by accomplishing the specific steps as outlined. (*) = A new title for this SO and an interim "transition strategy" for FY 2001-2004 was proposed and is still under revision. The proposed title for SO 12 is "Increased Support for the Democratic System." Indicator 2: IR Planned actions completed/Number of cases in selected crime area(s) (CUMULATIVE) Public Ministry Specific steps need to be accomplished to enhance the capacity to bring cases to trial prior to counting the actual increase in number of cases. FY 2000 - (a) Members of task force trained in team techniques and (b) Supplementary law reform drafted. FY 2001 - (a) Anti-corruption task force members trained and prosecuting cases in Guayaquil and Quito and (b) creation of a new task force. FY 2002 - Creation of a third task force. (*) = A new title for this SO and an interim "transition strategy" for FY 2001-2004 was proposed and is still under revision. The proposed title for SO 12 is "Increased Support for the Democratic System." Indicator 3: SO Planned actions completed/Number of convictions Public Ministry and Court Records Prior to reaching the stage of actually continuing the number of convictions specific steps must be accomplished. These are laid out for the first years of indicator progress. FY 1999 - Anticorruption task force established, and joint training of prosecutors, police and judges undertaken. FY 2000 - Passage of the Criminal Procedures Code. FY 2001 - Judges agree with prosecutors on accussatory interpretation of indictment procedures (Note: This distinguishes this SO indicator more sharply from the IR 1 indicator.) (*) = A new title for this SO and an interim "transition strategy" for FY 2001-2004 was proposed and is still under revision. The proposed title for SO 12 is "Increased Support for the Democratic System." Indicator 4: IR Planned actions completed (CUMULATIVE) Fundacion Esquel The target will be achieved through accomplishment of the outlined steps. The program will be considered fully operative when the core program has completed a full cycle. (*) = A new title for this SO and an interim "transition strategy" for FY 2001-2004 was proposed and is still under revision. The proposed title for SO 12 is "Increased Support for the Democratic System." U.S. Financing
(In thousands of dollars)
Obligations Expenditures Unliquidated Through September 30, 1999 0 DA 0 DA 0 DA 4,000 CSD 4,000 CSD 0 CSD 0 ESF 0 ESF 0 ESF 0 SEED 0 SEED 0 SEED 0 FSA 0 FSA 0 FSA 0 DFA 0 DFA 0 DFA Fiscal Year 2000 0 DA 0 DA 2,000 CSD 2,000 CSD 0 ESF 0 ESF 0 SEED 0 SEED 0 FSA 0 FSA 0 DFA 0 DFA Through September 30, 2000 0 DA 0 DA 0 DA 6,000 CSD 6,000 CSD 0 CSD 0 ESF 0 ESF 0 ESF 0 SEED 0 SEED 0 SEED 0 FSA 0 FSA 0 FSA 0 DFA 0 DFA 0 DFA Prior Year Unobligated Funds 0 DA 0 CSD 0 ESF 0 SEED 0 FSA 0 DFA Planned Fiscal Year 2001 NOA 0 DA 6,486 CSD 0 ESF 0 SEED 0 FSA 0 DFA Total Planned Fiscal Year 2001 0 DA 6,486 CSD 0 ESF 0 SEED 0 FSA 0 DFA Future Obligations Est. Total Cost Proposed Fiscal Year 2002 NOA 0 DA 0 DA 0 DA 6,750 CSD 0 CSD 19,236 CSD 0 ESF 0 ESF 0 ESF 0 SEED 0 SEED 0 SEED 0 FSA 0 FSA 0 FSA 0 DFA 0 DFA 0 DFA
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Last Updated on: May 29, 2002 |
