Rebuilding Trust in Justice, Together
OGP
Summary
After years of distrust, the Costa Rican courts established a collaborative process for the public to determine how 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... should be reformed.
Submitted by: Open Government PartnershipThe Open Government Partnership (OGP) is a multi-stakeholder initiative focused on improving government transparency, ensuring opportunities for citizen participation in public matters, and strengthen... More
Costa Ricans and the Courts; A Long Overdue Reform
The Costa Rican courts have regularly ranked as the least trusted institutions out of a number of countries in Latin America. Costa Ricans feel disconnected from their judicial system, and suspicious management of pensions and salaries have only compounded the problem.
Costa Rica’s third OGP 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 government ..., from 2017 to 2019, responded to the need for a paradigm shift in the judiciary, adjusting to the demands and needs of the Costa Rican people, with a 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... to an Open JusticeAn open, independent, and impartial justice system serves as a foundation for better access to justice by fulfilling all people’s civil liberties and allowing individuals to more effectively protect t... Policy. This requires moving towards a more democratic, inclusive, and participatory process of running the courts, with oversight from citizens and civil society organizations.
The principles of transparencyAccording to OGP’s Articles of Governance, transparency occurs when “government-held information (including on activities and decisions) is open, comprehensive, timely, freely available to the public,... More, participation, and public/official collaboration laid the foundation for a move towards a guaranteed right of access to impartial, independent, and equal 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.... To achieve this, the Costa Rican government began by mapping out actors, getting a clear picture of the existing circumstances, and the development of citizen monitoring mechanisms and associations. This went along with clear guidelines to improve accountability to citizens, with particular considerations included for populations in vulnerable conditions. These measures were taken within the framework of the Sustainable Development GoalsOGP countries are experimenting with open government innovations to accelerate progress on the Sustainable Development Goals, particularly SDG 16+ which includes peaceful, just and inclusive societies..., approved by the UN, particularly objective 16: “Promote peaceful and inclusive societies for sustainable development, facilitate 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 that of... More for all and create effective, accountable and inclusive institutions at all levels ”.
Cooperative Courts Moving Towards Democratic Justice
This commitment established a baseline of concurrence between the court system and the implementing bodies, so as to ensure compliance at all levels. The implementation was headed up by a specialized commission — the National Commission for the Improvement of the Administration of Justice (CONAMAJ) — which had its own budget resources as well as support from the presidency of the court.
Through this commitment, the Costa Rican Judicial Branch became the first of its kind to draft a commitment for an action plan, co-created with civil society organizations and with an evaluation plan. In an effort to make the process more inclusive, and for the first time in Costa Rica’s history, government officials used courts outside of the capital city of San Jose, to collect input from communities and regions normally excluded from decision-making processes.
Civil society organizations, operating both locally and nationally, reported that the cooperation of the courts, providing high quality information and receiving feedback during execution was fundamental to its success. The full support of the courts, as committed at the outset, translated to openness to proposals, transparency with their own information, and a real sense of collaboration in pursuit of a shared ideal.
A Blueprint for Regional Change
The Open Justice Policy document, as a road map to a properly accountable and transparent justice system is one of the results of this commitment. But perhaps its main contribution is the development and dedication to the participatory process, the inclusionOGP participating governments are working to create governments that truly serve all people. Commitments in this area may address persons with disabilities, women and girls, lesbian, gay, bisexual, tr... More of the Judiciary Branch in the OGP process, and the quality and level of involvement of civil society organizations in the process of reforming the justice system.
The government and civil society hope that the collaborative model, and the insights they garnered for the Open Justice Policy document, can be put into a regional strategy. This could be a guide or blueprint to enhance access to justice across countries in Latin America and the Caribbean, with the highest possible levels of transparency and collaboration.
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