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Honduras
>> Regional Overview >> Honduras Overview Activity Data Sheet
PROGRAM: Honduras
TITLE AND NUMBER: Strengthened Rule of Law, Accountability, and Respect for Human Rights, 522-004
PLANNED FY 2001 OBLIGATION AND ACCOUNT: $1,650,000 (DA); $996,000 (ESF)
PROPOSED FY 2002 OBLIGATION AND ACCOUNT: $2,400,000 (DA); $1,000,000 (ESF)
STATUS: Continuing
INITIAL OBLIGATION: FY 1997 ESTIMATED COMPLETION DATE: FY 2005Summary: Corruption and inefficiency weaken Honduras's judicial system and reduce citizen confidence in the rule of law. Archaic judicial laws and bottlenecks also deprive Hondurans of their human rights; over 90% of prisoners have never been sentenced and many serve more than their sentence before their cases are adjudicated. The justice sector as a whole remains weak, and justice is rarely delivered in a timely and equitable manner. Merit is now a factor in choosing judges, but the judiciary is still politicized and subject to outside influences. There is little career stability among judges, and nearly all judges, as well as support personnel, need additional training in order to carry out their duties competently. Although a number of improvements in court administration are underway, the court system remains inefficient. The Honduran attorney general's office has established itself as a positive influence on the justice system, challenging previously untouchable sectors of society and establishing its worth and necessity to the society at large. But as an institution, it is still fairly young and needs support to consolidate its role. The Honduran congress took a major step towards improving the administration of justice in passing the new Criminal Procedures Code (CPC) in December 1999. The CPC creates the legislative framework for the approved two-year transition from a written, inquisitorial system to an oral, adversarial system with greater transparency. Last year both the court system and the attorney general's office began intense preparations to implement the CPC; they continue to require support to make this transition.
All Hondurans benefit from strengthened rule of law and respect for human rights, especially the politically, socially, and economically disadvantaged and those who historically have suffered from a corrupt and ineffective justice system.
Key Results: Efforts to strengthen rule of law and respect for human rights are focused on: 1) increased transparency and efficiency in the judicial system; 2) increased adjudication of criminal cases; and 3) increased civil society, citizen, and elite support for judicial reform and transparency.
Performance and Prospects: Rule of law activities support the Public Ministry, justice sector reforms, strengthening of the Supreme Court and lower courts, and public participation in the justice system. USAID support has helped move forward the major reform of the Criminal Procedures Code that will modernize the judicial system through an oral advocacy process. Now that it has been passed by the Congress and signed into law, USAID is financing training and technical assistance to put the CPC into practice and implement it effectively. The challenge will be to overcome the resistance of justice sector personnel who have become used to and benefited from the existing system; and to train key personnel in the new functions they must fulfill to make the new system work.
Another breakthrough occurred in 2000 with initial passage of the constitutional amendment on judicial appointments. Once fully ratified, this amendment will greatly contribute to depoliticization of the judicial branch. USAID continues to support administrative reforms and case tracking systems to improve the speed and efficiency of judicial processes in both the Public Ministry and the courts.
FY 2001 funds will be used as follows: Development Assistance (DA) ($1,650,000) and ESF funds ($377,255) will be used to support implementation of the new Criminal Procedures Code. Other FY 2001 ESF funds will finance technical assistance and support to the Public Ministry ($400,000) and activities that promote broader and more effective civil society participation in judicial reforms ($218,745).
FY 2002 funds will be used to support: further implementation of the new Criminal Procedures Code ($1,000,000 ESF and $850,000 DA); Public Ministry strengthening activities ($700,000 DA); and activities geared toward expanding civil society influence of judicial reform ($850,000 DA).
Possible Adjustments to Plans: Preparations for CPC implementation will be constantly monitored to determine where additional effort is required. While CPC implementation and the constitutional amendment on judicial appointments are the current priorities, USAID is exploring ways to incorporate other legal reforms that are critical to the achievement of other objectives into its rule of law program.
Other Donor Programs: USAID continues to be the major donor supporting justice sector reform in Honduras. USAID has co-chaired an important donor/GOH/civil society coordination effort within the Stockholm monitoring process. Participating members of the international community with justice-related programs include: Spain (CPC training for sentencing judges, constitutional amendment-related activities), Sweden (support for human rights non-governmental organizations), the Inter-American Development Bank (infrastructure development for the judicial branch), the United Nations Development Programme (training and technical assistance for children's rights), and Japan (to be determined). USAID also coordinates administration of justice activities with Honduran agencies such as the Judiciary and Public Ministry, which provide more than 25% of counterpart financing for those activities.
Principal Contractors, Grantees, or Agencies: U.S. organizations: DPK Consulting and the U.S. Department of Justice. Honduran organizations: the Honduran national court system, the Public Ministry, the National Autonomous University of Honduras, and the University of San Pedro Sula. USAID also works with the Honduran Congress, the Bar Association, law schools, and the Public Defenders on judicial reform issues.
Honduras: 522-004
Performance Measures:
Indicator FY97
(Actual)FY98
(Actual)FY99
(Actual)FY00
(Actual)FY00
(Plan)FY01
(Plan)FY02
(Plan)Indicator 1: Reform of Criminal Procedures Code to institute oral adversarial system NA New code drafted Congress passed reform Prepare for implementation Prepare for implementation Fully implemented NA Indicator 2: Criminal cases adjudicated by the courts* 2676 3856 4218 2965** 1505 * * Indicator 3: Percentage of cases prosecuted by the Public Ministry adjudicated by pilot courts*** NA NA NA 48%
(baseline)NA *** *** Indicator 4: Compliance with criminal case-resolution timeframes for cases in pilot courts*** NA NA NA 3.4
(baseline)NA *** *** Indicator Information:
Indicator Level (S)or(IR) Unit of Measure Source Indicator Description Indicator 1: IR Descriptive statements Supreme Court, Public Ministry, and USAID contractor records Court and Public Ministry preparations for CPC implementation in February 2002; comprehensive transition plan developed with CY 01 budget; case-tracking system module operational in pilot courts in two major cities; staff training plan developed and initially implemented; public information campaign underway. Indicator 2: IR Number of cases Public Ministry and court records Measures case volume and the court system's effectiveness in resolving cases prosecuted by the Public Ministry. It includes all resolved cases (guilty, not guilty, and dismissals). Indicator 3: IR Number of cases adjudicated divided by the number of cases prosecuted Public Ministry and court records Will measure the percentage of cases prosecuted by the Public Ministry that are resolved as guilty, not guilty, or dismissed. Baseline 2000 data is for the nation; pilot court data is pending. Indicator 4: IR Average length of case resolution divided by maximum legal length of case resolution. Public Ministry and court records Measures compliance with legal case-resolution timeframes for new cases at selected pilot courts beginning in 2002. The goal for this indicator is a ratio of 1 or less. One indicates that the average length of case resolution and the maximum legal length of case resolution are the same. When this ratio is less than 1, cases are being resolved more quickly than required by law; when this ratio is more than 1, cases are exceeding the legal timeframe for resolution.
*The new Crimnial Procedures Code (CPC) allows prosecutors new powers of discretion and alternative case resolution. Therefor, fewer cases may go to trial after the CPC goes into effect. Thus, this indicator will be replaced next year with "Percentage of cases prosecuted by the Public Ministry and adjudicated by the pilot courts."
**Represents data from first three quarters of CY 2000; final figures are pending.
***New indicators based on new CPC; baseline data has been established and appropriate targets are being determined.
U.S. Financing
(In thousands of dollars)
Obligations Expenditures Unliquidated Through September 30, 1999 26,027 DA 21,722 DA 4,305 DA 0 CSD 0 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 1,500 DA 3,000 DA 0 CSD 0 CSD 0 ESF 0 ESF 0 SEED 0 SEED 0 FSA 0 FSA 0 DFA 0 DFA Through September 30, 2000 27,527 DA 24,722 DA 2,805 DA 0 CSD 0 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 1,650 DA 0 CSD 996 ESF 0 SEED 0 FSA 0 DFA Total Planned Fiscal Year 2001 1,650 DA 0 CSD 996 ESF 0 SEED 0 FSA 0 DFA Future Obligations Est. Total Cost Proposed Fiscal Year 2002 NOA 2,400 DA 6,600 DA 38,177 DA 0 CSD 0 CSD 0 CSD 1,000 ESF 0 ESF 1,996 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 |
