End of Commitment Report – Strengthening Alternative Dispute Resolution Mechanisms as a means of access to everyday justice.
- Action Plan: Action plan – Mexico State, Mexico, 2021 – 2022
Overview
Name of Evaluator
Carlos de la Peña Jimenez O’Farril, Daniel Rosemberg Cervantes Perez, Jesus Ponce Rubio
carlos.delapena.j@gmail.com, drosemberg@gmail.com, jponce9911@gmail.com
Member Name
Mexico State, Mexico
Action PlanAction plans are at the core of a government’s participation in OGP. They are the product of a co-creation process in which government and civil society jointly develop commitments to open governmen... Title
Action plan – Mexico State, Mexico, 2021 – 2022
CommitmentOGP commitments are promises for reform co-created by governments and civil society and submitted as part of an action plan. Commitments typically include a description of the problem, concrete action...
Strengthening Alternative Dispute Resolution Mechanisms as a means of access to everyday justiceTo address barriers that prevent citizens from having their justice needs met, OGP participating governments are working to expand transparency, accountability, and inclusion into all systems of justi....
Action
Facilitate access to procedures and services, bringing justice closer to the most remote places so that people can find their own solutions to their problems through ADR. To have professional staff trained in social peace, mediation, conciliation and restorative justice, at municipal and local level, providing a quality and warm service. Strengthen the dissemination of ADR. These mechanisms should be carried out in everyday, understandable and accessible language, which generates citizen confidence as they feel the approach of the institutions.
Problem
There is little culture of legality, a lack of knowledge among citizens about ADR (Alternative Dispute Resolution) and the lack of access and coverage of access to justiceAccessible justice systems – both formal and informal – ensure that individuals and communities with legal needs know where to go for help, obtain the help they need, and move through a system tha... More for the most vulnerable persons, together with the social idea that conflicts must be resolved in jurisdictional bodies, considering that the social perception of access to justice is a complicated process, long waiting times, bureaucracy and deficient attention.
Section 1.
Commitment completion
1.1 What was the overall level of progress in the commitment implementation at the time of this assessment?
complete
Provide a brief explanation of your answer:
The commitment was strengthened with the implementation of alternative dispute resolution mechanisms to resolve conflicts during the days of the Caravans for Everyday Justice program. To this end, the JudiciaryWhile a majority of open government reforms occur within the executive branch, OGP members are increasingly taking on commitments to increase the openness of the judicial branch. Technical specificati... carried out an extensive training and certification process on the subject of 31 public servants attached to the Ministry of Justice and Human RightsAn essential part of open government includes protecting the sacred freedoms and rights of all citizens, including the most vulnerable groups, and holding those who violate human rights accountable. T.... As of the date of this evaluation, 339 MASC procedures have been performed. It is important to note that Secretariat personnel are in the process of certification as mediators and conciliators specialized in the protection of children and adolescents.
1.2 Describe the main external or internal factors that impacted implementation of this commitment and how they were addressed (or not).
The Ministry of Justice and Human Rights, as the institution responsible for the implementation of the commitment, had the material and human resources to carry out the commitment, which allowed its fulfillment. Regarding external factors, it is important to recognize the willingness of the Judiciary to train public servants as mediators and conciliators, creating communication channels to ratify the agreements made within the Caravans for Everyday Justice.
1.3 Was the commitment implemented as originally planned?
All of the commitment milestones were implemented as planned
Provide a brief explanation of your answer:
Necessary collaborative channels were established in order to have a greater number of public servants, certified mediators, and conciliators at the state and municipal levels, facilitating access to daily justice for citizens, through the implementation of actions and models of rapprochement of alternative dispute resolution mechanisms in the different levels of government.
Provide evidence for your answer:
Section 2.
Did it open government?
2.1.1. – Did the government disclose more information; improve the quality of the information (new or existing); improve the value of the information; improve the channels to disclose or request information or improve accessibility to information?
Yes
Degree of result:
Major
Explanation: In narrative form, what has been the impact on people or practice.
Its impact is reflected in the increase in demand by citizens, for the solution of their conflicts through these alternative means that are offered in the program of the Caravans for Daily Justice.
2.1.2. – Did the government create new opportunities to seek feedback from citizens/enable participation inform or influence decisions; improve existing channels or spaces to seek feedback from citizens/enable participation/ inform or influence decisions; create or improve capabilities in the government or the public aimed to improve how the government seeks feedback from citizens/enables participation/ or allows for the public to inform or influence decisions?
Yes
Degree of result:
Major
Explanation: In narrative form, what has been the impact on people or practice.
The Ministry of Justice and Human Rights carries out condominium forums in which the use of alternative mechanisms for the resolution of neighborhood conflicts that promote the culture of peace and healthy coexistence among the inhabitants of condominiums and subdivisions settled in the State of Mexico is promoted.
2.1.3 Did the government create or improve channels, opportunities or capabilities to hold officials answerable to their actions?
Yes
Degree of result:
Major
Explanation: In narrative form, what has been the impact on people or practice.
Yes, since the Ministry of Justice and Human Rights has trained 37 public servants in alternative dispute resolution mechanisms through the Judiciary as mediators and conciliators, and 10 more are in the process of being certified as specialized mediators and conciliators regarding the protection of children and adolescents.
2.2 Did the commitment address the public policy problem that it intended to address as described in the action plan?
Yes
Provide a brief explanation of your answer:
The objective of strengthening the use of alternative dispute resolution mechanisms was met, making them more accessible to citizens within the various itinerant justice programs such as the Caravans for Daily Justice program and the condominium legal forums, as well as constant training with the support of the Judiciary.
Section 3.
Lessons from
implementation
3. Provide at least one lesson or reflection relating to the implementation of this commitment. It can be the identification of key barriers to implementation, an unexpected help/hindrance, recommendations for future commitments, or if the commitment should be taken forward to the next action plan.
Alternative dispute resolution mechanisms turn out to be an effective means of resolving conflicts peacefully without having to resort to judicial procedures, impacting the general well-being and economy of citizens. Regardless of whether these mechanisms are in place, the culture of peace and their use are not permeated in the entity, so it is recommended to continue disseminating them and their advantages in itinerant programs and the mass media with those that are counted.
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