USAID Strengthening Labor Justice in CAFTA-DR …pdf.usaid.gov/pdf_docs/pdacx535.pdf · USAID...

USAID Strengthening Labor Justice in CAFTA-DR

Program

Contract No. DFD-I-03-04-00175-00

FY2011 3rd Quarter Report

April - June 2011

USAID/El Salvador Director Welcomes Students at Opening of the Judicial Studies

Masters Degree Program San Salvador, El Salvador

May 30, 2011

CAFTA DR 3rd Quarter FY2011 Report 2

Table of Contents Executive Summary ............................................................................................................................................................. 3 Component 1: Electronic Judiciary Management Systems .............................................................................................. 5

Result 1.1: Electronic Case Monitoring and Case Management Systems in Thirty-Three (33) courts in five (5) CAFTA-DR countries Costa Rica ........................................................................................................................................................................... 5 Dominican Republic ........................................................................................................................................................... 7 El Salvador .......................................................................................................................................................................... 7 Guatemala ........................................................................................................................................................................... 8 Honduras ........................................................................................................................................................................... 10 Result 1.2: Electronic Monitoring and Judiciary Management Systems in the Appeals Courts and Supreme Courts of Justice in at least Three (3) CAFTA-DR Countries Dominican Republic ......................................................................................................................................................... 10 Guatemala ......................................................................................................................................................................... 11 Honduras ........................................................................................................................................................................... 11

Component 2: Raising Professional Standards in Labor Justice ................................................................................... 12

Result 2.1: Master's Program in Legal Studies Designed and Implemented in at least Four (4) CAFTA-DR Countries El Salvador ........................................................................................................................................................................ 12 Guatemala ......................................................................................................................................................................... 12 Result 2.2: Curricula Reform Program in at least Five (5) Universities in Two (2) Countries Nicaragua .......................................................................................................................................................................... 13 Result 2.3: Specialization courses El Salvador ........................................................................................................................................................................ 13 Nicaragua .......................................................................................................................................................................... 13 Result 2.6: Creation of Judicial Laboratories for Court Training in at least Four (4) CAFTA-DR Countries Costa Rica ......................................................................................................................................................................... 13 Guatemala ......................................................................................................................................................................... 14 Honduras ........................................................................................................................................................................... 14

Component 3: Procedural Streamlining ........................................................................................................................... 15

Result 3.3.1 Technical Assistance for Universities and Non-Governmental Organizations to Research Labor Law and Training on Alternative Dispute Resolution and Oral Trials All countries ...................................................................................................................................................................... 15 Guatemala ......................................................................................................................................................................... 15 3.3.2 Technical Assistance for El Salvador's Attorney General's Office to Facilitate Legal Assistance and Representation for Workers El Salvador ........................................................................................................................................................................ 15

Appendixes...................................................................................................................................................................... 17-20 Appendix 1: List of Training Activities ............................................................................................................................ 17

June, 2011 This report was written by Management Sciences for Development, Inc. under the USAID Strengthening Labor Justice for CAFTA-DR Program, Contract No. DFD-I-03-04-00175-00, for review by the United States Agency for International Development.


Executive Summary

Component 1: Electronic Case Management Monitoring Systems MSD designs and implements electronic case management systems, in El Salvador which allow courts to effectively and quickly resolve labor cases. Strengthen case management systems in other CAFTA-DR countries by modernizing IT and audio visual and recording hardware and infrastructure. Electronic Judicial Management Systems (EJMS) are in place in Guatemala, El Salvador, Costa Rica and the Dominican Republic. In this quarter, the program conducted the following activities under this component: Costa Rica

Program IT staff began installing and programming an Electronic Filing system at the Megadespacho de Goicochea (Megadespacho).

Dominican Republic

The Program continued to refine software adaptations in Supremo Plus, the information system used by the Dominican criminal courts, so that it can be used in the labor courts. Program staff also began reviewing position descriptions and reorganizing office space in advance of personnel reorganization designed by the Program for the Santiago de Los Caballeros General Labor Secretariat.

El Salvador The CAFTA DR Program installed the Labor Court Management System (Sistema de Gestión de Tribunales Laborales - SGTL) at the Fourth Labor Court, Third Labor Courts, Office of Case Reception and Distribution, and the Office of Judicial Communication Acts.

Guatemala

The Program delivered and installed audio visual equipment to the Labor and Social Welfare Courts located in Antigua and Cuilapa.

Honduras

Program staff evaluated case processing at the Tegucigalpa Labor Court, Honduran Court of Appeals, and Supreme Court's Contentious Cassation Chamber on Labor Issues. Program staff verified the results of this evaluation with officials from the Honduran court officials.

Component 2: Raising Professional Standards in Labor Justice MSD provides technical assistance and training to judges, lawyers and courthouse support staff on electronic case management, oral trial techniques and labor law. This includes developing two Master’s degree programs in labor law. El Salvador

The Program offered courses as part of the Judicial Studies Masters Degree Program at Escuela Superior de Economía y Negocios (ESEN), Universidad José Matías Delgado y Universidad Católica de El Salvador.

Nicaragua The Program completed a series of specialized courses offered to members of the Nicaraguan National Academic Commission of Law (Comisión Académica Nacional de Derecho de Nicaragua - CONADER Universities).


Component 3: Procedural Streamlining MSD designs and implements a strategy to strengthen and streamline judicial procedures through the creating of a labor justice observatory which allows legal professionals to stay current with domestic and international labor law. The Program also develops Alternative Dispute Resolution (ADR) centers and modernizes documentation systems for labor justice institutions in all CAFTA-DR countries. This quarter the Program provided technical assistance to facilitate case resolution through the use of ADR and oral trials techniques in Nicaragua. Additionally, researchers working at the Labor Justice Observatory submitted complete drafts of research on cases adjudicated by Supreme Courts in each country. Activities planned for the next quarter: Finalize the Electronic Filing System for the Megadspacho and train courthouse staff on using the system. Purchase computers and install network infrastructure needed to support the replication of the SGTL in

courts outside San Salvador. Continue courses under the Judicial Studies Master's Degree Program.


Component 1: Electronic Case Monitoring Systems

Result 1.1: Electronic Case Tracking and Judicial Management Systems in thirty-three (33) courts in five (five) CAFTA-DR Countries Judicial Management The electronic case tracking and judicial management system allows courts to resolve cases efficiently and provide information necessary for reforming other areas of labor law. This quarter, the program conducted activities in Guatemala, El Salvador, Costa Rica, and Honduras. Costa Rica Megadespacho de Goicoechea To implement adjustments in the work processes and provide support during periods of peak on April 4th, the Program began installing an Electronic Case Filing System at the Goicochea Megadespacho. The Program considers it critical to begin this new phase. Once the CAFTA DR team completed technical assistance, installed the Electronic Case Filing System and refurnished the courthouse, the court was reopened on May 2, 2011.

During this period, the program tested the Electronic Case Filing System to analyze and categorize active cases. The Program discovered that 1,285 (one thousand-two hundred and eighty-five) case files were in a procedural phase that was not accurately reflected in the court’s physical records.

The Program also discovered that of the cases that are in their preliminary phase, close to 80% are in the notification phase. Notifications are handled by a separate legal institution. Consequently, many of the delays processing a claim at the Megadespacho have their source in the notification system external to the court.

The Program also provided technical assistance to courts to improve personnel allocation and management. The Program conducted process analysis of the steps required to fully process a case in both public and private employment claims. This allowed the Program to determine the total number of activities and personnel assigned to each section. The Program discovered that although the number of cases addressed by the public section differs from the number of cases addressed by private section, the public section processes cases much slower than the private sector with comparable staff.

The Program presented this finding to procedural judges. These judges are responsible for the administrative processes connected to each employment claim and do not make decisions on the merits of the case. This

Hearing Room Remodeled and Equipped Goicoechea, Costa Rica

June 2011

United States Ambassador Anne S. Andrew, Luis Paulino

Mora, President of the Supreme Court of Justice, and Magistrate Orlando Aguirre

Attend the Opening of the Megadespacho de Goicochea Goicochea, Costa Rica

April 2011


information will allow the judges to make staffing adjustments required to improve the administrative processed linked with case adjudication.

Gestión Integral de Calidad y Acreditación-Poder Judicial - Heredia Court, Alajuela Court and Superior Court

The process of complying with Gestión Integral de Calidad y Acreditación-Poder Judicial (GICA - Standards) is divided into two phases: Redesign and Accreditation.

Heredia Court

The redesign phase at the Heredia court is 91% complete. The ten (10) upgrade solutions required to bring the courts into compliance are now being carried out by Program IT staff. The most significant result expected in September 2011, is the reduction of the active case backlog so there are no pending cases from 2007, balanced caseload distribution for judges, and an increase in the percentage of Court directed conciliation procedures.

Twenty-five (25) percent of the accreditation process were completed at the Heredia court, and the ten (10) protocols required by the GICA - Standards are now n place in the courts. By July 2011, the Program will have collected enough sample cases to be able to determine that the courts are in full compliance with GICA Standards. The GICA Standards Quality Commission will be able to conduct an internal review in early August to certify the court’s compliance. The internal quality audit will be completed by the fourth week of August, and the process will conclude in September with an external audit conducted by the National Quality and Accreditation System (Sistema Nacional de Calidad y Acreditación - SINCA Justicia).

The Court will start holding mid-monthly progress meetings to discuss the implementation of the ten (10) management indicators designed to monitor compliance performance.

Alajuela Court

The Alajuela court is in the redesign phase. The redesign phase is 81% complete. Currently, the Program has identified administrative processes required to adjudicate a case and has mapped out these processes. The Program is still completing staff self evaluations, work place environment studies, identifying progress indicators, completing compliance implementation plan and reviewing/modifying the implementation plan. Once the Program completes these steps, it will begin monitoring pending cases and modify technical assistance in this area.

Workshop on GICA Standards at Heredia Courts Heredia, Costa Rica

June 2011


San Jose Superior Court

At this time 100% of the redesign phase was executed at the Superior Courts. The Program has mapped and measured processes associated with processing a case. The process map includes a workload flowchart. This chart was evaluated jointly with the court’s quality commission which was assembled to identify bottlenecks in the courts. The Program is conducting a study to analyze the amount of time needed to perform activities laid out in the flowchart and designing a work plan to complete a case file inventory. This inventory will be completed between July 18th and July 22nd.

Dominican Republic In the Dominican Republic, technical assistance was directed towards two areas: clearing trial court backlogs and installing a case monitoring system for the Labor General Secretariat (Secretaría General de Trabajo). The Program modified the approach for clearing the case backlog so that assistant attorneys participated in the process.

The Program’s technical assistance to the Secretariat focuses on three areas: standardizing interlocutory orders for use in Supremo Plus system, preparing a training program for Judicial School (Escuela Judicial) personnel working in the Secretariat, and publishing manuals describing the reorganization of the Secretariat.

Additionally, the Program prepared a proposal which recommends archiving expired records. Archiving inactive records will allow system users to be able to easily access court records. The Program reviewed the archival system used at the criminal courts in order to duplicate a system for the labor courts. The Program also estimated the number of adjudicated cases at both the trial and appeals courts which need to be archived.

El Salvador In El Salvador, the program focused on developing electronic case management systems at the Integrated Court Center (Centro Judicial Integrado) and courts located in Sonsonate, San Miguel, and Santa Tecla.

The Program proposed the installation of a system to record hearings, and after successful test were conducted court authorities approved the permanent installation of the equipment. Next quarter, the Program will initiate the process to purchase and install the system.

In San Salvador, the Sistema de Gestión de Tribunales Laborales (SGTL) court management system was installed at the Integrated Court Center. During this period, the SGTL was installed at the Fourth and Third Labor Courts. The Program also installed the software at the Fifth Labor Court as described below.

Fourth Labor Court

At the Fourth Labor court the Program initiated organizational restructuring and reviewed the new organization with individually with assistants. The approach was utilized in order to effectively transition courthouse staff to the new organization. This included: reorganizing legal associates work areas, introducing new methods for using the SGTL, redistributing case loads and updating case files. The Program worked closely with staff to address concerns about transitioning from the manual system to the SGTL. This individual approach is critical for staff

SGTL Installed at the Salvadoran Integrated

Judicial Center San Salvador El Salvador

Date, 2011


with less experience using computers and electronic databases as it ensures that they will be able to use the system with little disruption in their ability to perform their job function.

San Salvador Third and Fifth Labor Courts

As of June 10th, the Program had trained 68% of the courthouse staff on the new system and 80% of all pending cases have been uploaded into the SGTL. The Program expects that by December 2011, 95% of all cases at the courts will be managed through the SGTL.

San Salvador Integrated Judicial Center Common Offices

During this quarter, the Program continued to provide technical support to the Integrated Judicial Center. Specifically, the Program installed a computer system which will allow external users to receive an update on pending litigation. Additionally, the program modified the work method used in the Acts of Communications Office so that it is in consonance with the SGTL system. The installation of the SGTL resulted in changes in office workload. In order to balance out workloads, the Program modified the SGTL to separate monitoring of notifications addressed to the Office of the Attorney General of the Republic (Procuraduría General de la República - PGR) from other legal authorities who deal with labor claims. This change will affect workloads as it will assist the office

to reduce duplication of efforts. Currently, the Program IT staff is testing the software modifications to ensure that it responds to realistic office conditions.

On June 2nd the Program provided training in using the SGTL software and the new search function to administrative support personnel responsible for answering user requests. Program IT staff also trained personnel from the Courtroom Coordination Office (Coordinación de Salas de Audiencias - CSA) to use audio and video recording equipment during hearings. The CSA staff members were also trained to use sound consoles and video cameras. Finally, on June 13th, 15th, and 20th, the Program held workshops on streamlining management in public institutions for courthouse office coordinators and clerks.

Courts Outside San Salvador

The Program also began providing technical assistance to courts outside of San Salvador. The Program held workshops at labor courts in Sonsonate (June 1st and 20th), Santa Tecla (June 3rd) and San Miguel (June 7th and 28th). The Program also visited the Santa Ana Labor Court to review use of the SGTL.

Guatemala In March, the Program was informed that the sixteen (16) Guatemalan labor courts, previously located in different areas would now be located in a single building rented by the Judicial Body. In view of this development, the Program modified assistance provided to the Guatemala courts. This included the redesign of workspace distribution for the new building. Since three (3) additional appeals courts will be located in the new facilities, the Program made adjustments to diagnostic evaluations and proposed space redistribution to accommodate these appeals courts.

Refurbished Fourth Labor Court San Salvador, El Salvador

June 2011


The Program also allocated space for the common pool of secretaries the judges will share in the new building. Additionally, the Program designed space for an Admissibility Court1

Other Guatemalan Labor Justice Institutions

which will handle pre-trial issues for all courts located in the building.

The Program also provided technical support to labor justice institutions in Guatemala. The Program encouraged the signing of an agreement between the Supreme Court and the Department of Labor that contemplates the establishment of an office of the Inspector General of Labor (Inspección General de Trabajo Labor IGO). Offices for the Labor IGO will be located in the new labor law courthouse.

The Program also focused on creating awareness on the new labor office management model with Guatemala’s labor unions. In particular the Program worked with the following unions:

The Guatemalan General Central Organization of Workers (Central General de Trabajadores de Guatemala - CGTG)

The Workers Trade Union of Guatemala (Unión Sindical de Trabajadores de Guatemala UNSITRAGUA)

The Guatemalan Guatemalan Confederation of Trade Unions (Confederation of Trade Unions Confederación de Unión Sindical de Guatemala - CUSG).

In addition to creating awareness on new laws applicable to trade unions, the Program coordinated training provided by the Telecommunications and Computer Science Center (Centro Informática y Telecomunicaciones) of the Judicial Body to judicial personnel. This training is designed to strengthen participant’s knowledge on the operation of the Court Management System and on the new forms to organize work. This training was carried out at the Judicial Studies School (Escuela de Estudios Judiciales) June 27th – 29th. The training was attended by ninety-eight (98) auxiliary justice officials – including commissioners, notifiers, officials, and secretaries from sixteen (16) labor courts and three (3) chambers of the Court of Appeals.

This quarter, the Program also provided technical specifications required to purchase furniture and supply audio visual equipment to the Appeals Court. The Program also submitted the following proposals to Judge Mynor Franco, a Supreme Court Justice and the Program’s central contact, for review. The proposals for the next phase of technical assistance to the Guatemalan courts focus on optimizing staff rosters and include an analysis of accumulated workloads in the Labor and Social Welfare Courts (Los Juzgados de Trabajo y Previsión Social). This proposal provides solutions for reducing backlog in courts and would include the development of a Rules and Procedures Manual for the New Management Model proposed to the courts.

Antigua Guatemala and Cuilapa Courts

The Program also provided technical assistance to labor courts located in Antigua Guatemala and Cuilapa. In particular, technical assistance focused on promoting the use of oral trials to resolve labor claims. During this period, the courts were refurbished and hearing chambers were equipped with audio visual systems. The Program’s assistance was complimented by efforts initiated by the courts. The courts installed an indexation and

1 The Admissibility Court will authorize agreements reached under court sponsored ADR.


recording system. The overall effect of the Program’s assistance and the court’s self initiative will be two additional Guatemalan courts capable of quickly and efficiently processing labor cases.

Honduras Evaluation of Tegucigalpa Labor Court, Court of Appeals and Supreme Court

This quarter, the Program evaluated the Honduran labor court system to determine areas which require technical assistance. The Program also held a workshop held to validate the evaluation and develop a proposal to support areas that require technical assistance. Judges attending the workshop provided their feedback using an evaluation form developed by the CAFTA-DR Program. The Program analyzed the evaluations from the workshop and provided proposals to improve the administration to Magistrate Rosa de Lourdes Paz Haslam, Magistrate of Honduras' Contentious Chamber on Labor Issues, and the Program’s contact, and her technical team for review. The Honduran courts have demonstrated their commitment to improve access to labor justice and have created a technical committee that includes all the Honduran Supreme Court Magistrates, an M&E specialist, a computer engineer, and the CAFTA-DR Honduras Country Coordinator.

First Meeting of Central American Labor Chambers

The Program provided support to the initiative undertaken by Rosa Maria Paz Haslam, to organize the First Meeting of Central American and Caribbean Labor Courts. The event was held on June 2 – 3, 2011. The goal of the meeting was to disseminate innovations in judicial management and labor jurisprudence that contribute to the development of fundamental rights.

During this Meeting, the Judicial Branches of Costa Rica and Honduras signed an agreement for the implementation of GICA Standards. Under the agreement, Costa Rican officials will train Honduran officials on the GICA compliance process.

In the final declaration of the meeting, the region's superior courts reiterated their commitment to protect and guarantee the fundamental rights of workers by creating more efficient courts. They also committed to holding periodic meetings with the Central American Judicial Council (El Consejo Centroamericano Judicial) for the purpose of promoting the mutual exchange of knowledge and information.2

Result 1.2: Electronic Monitoring of Management Systems Implemented in Appeals Courts and Supreme Courts in at least Three (3) CAFTA-DR countries

Dominican Republic In May, the Director of the Dominincan Judicial Documentation Center (Centro de Documentación e Información Judicial Dominicano - CENDIJD), Nahuel Bourtokan, made a commitment to complete the work plan for program activities. Initially, Program technical assistance was contemplated to begin in December 2010

2 http://www.programajusticialaboral.org/?evt=13&title=I%20Encuentro%20de%20Salas%20Laborales&lang=es

1st Meeting of Central American & Caribbean Labor Courts

Roatan, Honduras June 2011

http://www.programajusticialaboral.org/?evt=13&title=I%20Encuentro%20de%20Salas%20Laborales&lang=es�


and assistance was rescheduled for January 2011. Mr. Bourtokan and his team must determine how many cases the CENDIJD will be able to load into the indexation system created by the Program. Currently, the Program has not received additional information on the timeline for loading judgments into the data base. Guatemala The work with the Constitutionality Court's Documentation Center (Centro de Documentación de la Corte de Constitucionalidad) was delayed due to personnel changes in the Court. The Court has yet to name a replacement for the officer supervising this activity, leaving the Program with no access point for continuing technical assistance.

During this period the Program attempted to restart the work with the Court with little success. During the last few meetings the Court has verbally requested a copy of the indexation software source code. The Program requested the court officially request the code in writing and explain the plan for using the SGTL source code.

On the matter of Magistrate Mynor Franco's initiative to establish consolidation criteria in labor jurisprudence, after multiple meetings between trial judges and appellate judges; the judges finally agreed on a draft protocol. The text is expected to be published next quarter.

Honduras The Program is currently developing a jurisprudence indexation system which will be used at the Electronic Documenation and Judical Information Center (Centro Electrónico de Documentación e Información Judicial - CEDIJ). In June 2011, the Program agreed to train nine (9) officials (three (3) attorneys from the Contentious Cassation Chamber on Labor Issues and six (6) CEDIJ officials) on the criteria need to install the Information System. This training will take place next quarter. Program technical staffs have already submitted a draft of the training and activities to the CEDIJ for approval.


Component 2: Raising Standards in the Labor Judiciary System The CAFTA-DR Program works closely with legal institutions, courts, and law schools to improve the training of judges and other system operators in the area of labor law. Result 2.1: Master's Program in Legal Studies Designed and Implemented in at least Two (2) CAFTA-DR Countries El Salvador During this period the Program opened the Judicial Studies Master's Degree Program began registration at the Catholic Univeristy School of El Salvador's School of Economics and Business (Escuela de Economía y Negocios) and Jose Matias Delgado University. Based on current registration the Program expects to accept seventy (70) students to participate in the program this semester.

The Judicial Studies Master's Degree Program opened for registration Monday, May 30th, at El Salvador’s School of Superior Economics and Business (Escuela Superior de Economica y Negocios. The event included a presentation on the book “Judicial Decision Making in Latin America: History, Uses and Techniques” a publication financed by the Program. This book will be used in the program in an effort to modernize methods used to teach law in Central America and normalize the use of judicial precedence by integrating the concept of

legal precedence into curriculum.

As part of the opening, the Master’s Degree program offered lectures on “New Theories of Law and Legal Reasoning” and tutorial sessions for students interested in the course.

Guatemala After signing the Memorandum of Understanding between the Istmo University and USAID, Istmo University unilaterally decided to discontinue the project. Next year the University will undertake the Master's Degree program in collaboration with Austral University of Buenos Aires.

Students Attend Lecture on “Theories of Legal Debate”

Judicial Studies Masters Degree Program San Salvador, El Salvador

May 2011

Author Diego Lopez Presents the book Judicial Decision Making in Latin America: History, Uses and

Techniques May 2011

San Salvador, El Salvador


Result 2.2: Curricula Reform for Law Programs in at least Five (5) Universities in Two (2) Countries Nicaragua May 18th – May 20th, the Program offered a workshop on curricular reform for members of the Nicaraguan National Academic Commission of Law (Comisión Académica Nacional de Derecho de Nicaragua - CONADER). This workshop is part of a series being used to assist CONADER and Nicaraguan universities to reform labor law curriculums in the country. In a workshop, held June 16th – June 17th, the Program received approval on the contents and methodology for a course on “Employment Law and Collective Labor Law”. The Program provided information to Nicaraguan legal professionals to announce the potential reforms and a commission was designated to prepare a draft syllabus for various labor law courses.

Result 2.3: Graduate Level Specialized Courses Offered in at least Five (5) Universities in Two (2) Countries El Salvador The Program is providing technical support to the National Judiciary Council (Consejo Nacional de la Judicatura - CNJ) to create a group of legal professionals eligible to become labor judges and public defenders. The Program is also providing support to the CNJ to develop a continuing legal education venue where legal professionals can gain practical experience litigating labor claims. The Program offered the following specialized courses in El Salvador this quarter:

• Module IV, the “Worker's Fundamental Rights.” (May 26th – May 28th).

• Module V, “Conciliation as a Tool for the Resolution of Labor Disputes,” (June 16th - 18th).

Next quarter The Program expects to offer courses on “Using Evidence in Legal Procedures on Labor Issues”.

Nicaragua April 11th – 13th, the program offered a specialized course on Constitutional Interpretation of Fundamental Rights for Nicaraguan legal professions.

Result 2.6: Creation of Judicial Laboratories for Court training in at least Four (4) CAFTA-DR Countries Costa Rica The Program expects to finalize the procurement of equipment for the Costa Rican judicial laboratory. In February 2010, the Program conducted a diagnostic on training needs and the Judicial School designed training to address these areas and these courses are now being offered at the judicial laboratory.

Dr. Manuel Bellido Aspas leads a discussion on Worker’s Fundamental Rights

May 2011 San Salvador, El Salvador


Guatemala One of the Program's sustainability strategies involves the creation of a moot court facility (this is also known as the judicial laboratory) within existing law schools. The goal is to offer practical training on basic skills such as oral arguments and conciliation to legal professionals. During this quarter, the Program installed audio and visual equipment in the judicial laboratory hearings rooms.

Honduras May 30th – May 31st, the Program held a seminar led by consultant Manuel Bellido Aspas, to interpret the country’s Civil Procedural Code, which entered into effect in November 2010. In preparation for the workshop, attorneys identified practical concerns about the code and supplied the Program with legal decisions related to their concerns. The attorneys also supplied the Program with a copy of the supplementary protocols used in the trial and appeals courts.

This quarter, the Program received feedback evaluation from the training sessions on “Fundamental Rights and Supplementary in Labor Justice”. The evaluation included variables such as teaching capacity, responsibility, punctuality, interpersonal relations, and motivation. Participants scored highly on the exam. The total grade attained in the evaluation corresponded to a level of excellent (99.7% out of 100%).

Plaque Recognizing USAID’s Support to Create Guatemala’s Judicial Laboratory

Guatemala City, Guatemala May 2011

Judges Participate in a Workshop to Interpret

Honduras’ Civil Procedures Code Tegucigalpa, Honduras

May 2011


Component 3: Procedural Streamlining Result 3.3.1: Technical Assistance for Universities and/or Nongovernmental Organizations to Research Labor Law and Provide Training on Alternative Dispute Resolution and Oral Trials During this quarter, the Program held a workshop in El Salvador on May 30th and 31st, with researchers from Pontifica Universidad Madre y Maestra, Universidad Rafel Landivar, Universidad Autonoma de Honduras, Universidad Jose Matias Delgado, Universidad Paulo Freire and Universidad Estatal a Distancia. The workshop was held to review their results and prepare presentations for the First Meeting of Central American Labor Chambers held June 2nd - 3rd in Rotan, Honduras.

Guatemala Labor Code with Comments Derived From Jurisprudence The Universidad Rafel Landivar Institute of Juridical Research, an institution that is expected to continue performing work conducted at the Observatory, published an annotated version of the Guatemalan Labor Code which includes cross references to Guatemalan jurisprudence. This initiative was supported by the Program through technical support provided by consultant Marcelo Richter. The consultant conducted research and drafted several versions of the annotated labor code. Result 3.3.2: Technical Assistance for the Republic of El Salvador's Attorney General's Office to Facilitate Assistance and Representation for Workers El Salvador On April 13th, the Program conducted two (2) workshops for the Salvadoran Attorney General's Office (Procuraduría General de la República - PGR). During the workshop the Program described the AGO’s new Single Station Management Model, Improvement Teams, and Evaluation & Coaching Units. During the workshop the Program explained that public defenders are expected to represent a worker from the initiation of a claim and that that the defenders are not assigned to any particular court. This change is important as public defenders have expressed the difficulties caused by hearings conflicts, disorganized court dockets and lack of intermediation by the judge during hearings. The Program also reviewed plans for evaluating public defenders. The Program explained that evaluation teams would conduct evaluation to examine oral litigation, interview and customer service skills. The Program also clarified that the evaluations would be conducted by experienced personnel such as public defenders presently in active duty and/or specialists from other agencies or institutions.

The Program has identified working teams within the Attorney General's Office. These teams will coordinate case loads for public defenders. The personnel identified to perform these tasks are currently responsible for

Members of Salvadoran Attorney General’s Office Attend Workshop on the Role of Public Defenders Albaclara Farm, San Salvador, El Salvador

April 2011


administering active cases. Consequently, the Program evaluated public defender case workloads to determine the way to best distribute the Case Coordinators once the teams are fully established.

The Program has analyzed the cases and determined that there are 473 (four hundred and seventy three) files, in various stages of litigation (i.e. appeal, final adjudication), which need to be reassigned. After cases are redistributed, public defenders will be assigned to ninety (90) case files. The Program recommended to the Attorney General's Office that Case Coordinators participate in the distribution process as a means of empowering them in their new role. For this reason, on June 3rd a meeting was held with the Case Coordinators to explain the distribution process. During this meeting the Case Coordinators requested that no new cases be assigned to them. The Program will consider this request as it continues to modify the new case distribution.

Public Defenders Attend Workshop on the Role of Public Defenders

Albaclara Farm, San Salvador, El Salvador April 2011


APPENDIX 1: TRAINING IN FY11

LIST OF TRAINING EVENTS April – June, 2011 Participant Classification

Com

pone

nt a

nd

Res

ult

Cou

ntry

Dat

e Event Name

Name of Consultant/Lecturer

Gen

der

Mag

istr

ates

Judg

es

Judi

cial

Bra

nch

Pers

onne

l

Publ

ic D

efen

ders

Att

orne

ys

Judi

cial

Col

labo

rato

r

Tea

cher

s

CN

J T

echn

ical

Per

sonn

el

Pros

ecut

ors

Stud

ents

FGR

Oth

ers

Subt

otal

Tot

al

CR

March 28, 29, 30 and April

01, 2011

Use of the Virtual Office

Engineer Jeaninna Alfaro

H 2 8 10 19

1.1 M 3 6 9

ES March 30,

2011

Ceremony to Announce the Opening of the Master's Degree in

Judicial Studies

Ms. Maria Antonieta Josa

H 2 3 22 1 45 18 1 4 96 178

2.1 M 10 29 1 26 10 2 2 2 82

NIC

March 31, April 14 and

15, 2011

Diagnostic Workshop to Draft a Model Syllabus for

Teaching Labor Law


H 29 29 42

2.2 M 13 13

GUA April 01, 2011 Workshop No. 9 on

Jurisprudential Criteria Ms. Marjorie Bosque H 6 6

13 1.2 M 5 2 7

CR April 04, 2011

Inauguration Ceremony for the Digital Records

System Jeremias Vargas

H 2 4 9 2 3 18 50

1.1 M 1 9 21 2 32

ES April 07, 08,

and 09, 2011 Labor Law Diploma –

Module I – Constitutional Interpretation

Dr. Diego Lopez H 11 5 11 4 3 34

61 2.3 M 1 9 4 8 1 1 3 27


Jurisprudential Criteria Mr. Juan Luis de la Roca H 6 1 7

14 1.2 M 5 2 7



Com

pone

nt a

nd

Res

ult

Cou

ntry

Dat

e Event Name


Gen

der

Mag

istr

ates

Judg

es

Judi

cial

Bra

nch

Pers

onne

l

Publ

ic D

efen

ders

Att

orne

ys

Judi

cial

Col

labo

rato

r

Tea

cher

s

CN

J T

echn

ical

Per

sonn

el

Pros

ecut

ors

Stud

ents

FGR

Oth

ers

Subt

otal

Tot

al

NIC April 11,12

and 13, 2011

Labor Law Graduate Course – Module III –

Constitutional Interpretation of

Fundamental Rights

Dr. Vicente Ramirez H 22 22

41 2.3 M 19 19

ES

April 12, 13, 14 and 15,

2011

Workshop on Single Station, Motivation and Sensitization to Change,

Client Service, and Interview Guide

Mr. Javier Llort H 1 28 6 35

76 3.3.2 M 10 31 41


Jurisprudential Criteria Mr. Juan Luis de la Roca H 6 1 7

14 1.2 M 5 2 7

ES April 28, 29

and 30, 2011

Labor Law Diploma – Module II – Legal Interpretation and

Arguments

Dr. Rodolfo Vigo H 11 5 11 4 3 34

61 2.3 M 1 9 4 8 1 1 3 27

CR May 02, 2011

Official Delivery of USAID Donation to the

Judicial Branch Mr. Jeremias Vargas

H 4 17 1 1 1 9 33 65

1.1 M 10 15 1 1 5 32

NIC May 19 and

20, 2011

Second Diagnostic Workshop to Draft a Model Syllabus for

Teaching Labor Law


H 29 29 42

2.2 M 13 13

NIC May 21, 2011

Lecture on Orality Techniques in the Labor

Process


H 1 2 9 63 1 76 170

2.3 M 3 8 78 5 94

ES May 30 and 31, 2011

Judicial Observatory Workshop Dr. Diego Lopez H 3 2 5 9



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FGR

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Tot

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3.3.1 M 4 4

HON May 30 and 31,

2011

Workshop-Seminar on Fundamental Rights and

the Supplementarity Principle in Labor Justice

Dr. Manuel Bellido H 1 22 7 1 31

53 2.6 M 1 18 2 1 22

ES

June 11, 14, 15, 16 and 17,

2011

Workshop to Prepare for the Implementation of

Computer System Updates for SIG Group 1

Mr. Miguel Palomo H 12 15 9 36

85 3.3.2 M 12 32 5 49

ES June 13, 15

and 20, 2011 Judicial Management

Workshop Engineer Carlos

Bertrand

H 5 1 6 15

1.1 M 9 9

ES June 16, 2011

Activity for the Implementation of the

New Management Model, Designed for Auditors of the PGR

Mr. Miguel Palomo

H 5 2 1 8 16

3.3.2 M 6 1 1 8

ES June 20, 21

and 28, 2011

Development of Human Quality to Prepare for the

Change of the SGTL3 Computer System

Mr. Javier Llort H 3 10 4 17

34 1.1 M 17 17

ES

June 21, 22, 23, 24, 28, 29, 30 and July 01,

2011

Workshop to Prepare for the Implementation of

Computer System Updates for SIG Group 2

Mr. Miguel Palomo H 2 11 4 17

43 3.3.2 M 13 11 2 26

GUA June 23, 27, 28

and 29, 2011 Training on the new Labor

Office Management Model

Mr. Jim Jui H 24 5 29

48 1.1 M 19 19



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Stud

ents

FGR

Oth

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Subt

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Tot

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ES June 24, 2011 Presentation of Hearing

Recording Model Engineer Carlos

Bertrand

H 4 4 8 11

1.1 M 2 1 3 3

CR June 24, 2011 Orality Dr. Julio Fontanet

H 6 1 7 22

1.1 M 1 10 4 15

TOTALS 3 65 135 72 9 0 5 0 0 0 50 336 336

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USAID Strengthening Labor Justice in CAFTA-DR …pdf.usaid.gov/pdf_docs/pdacx535.pdf · USAID...

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