Haitian Government Also
U.S. assistance to the judicial sector has been undercut because the Haitian
Lacks Strong Commitment
government, after initially supporting the assistance effort, failed to follow
to Enhancing the Judicial
through in implementing a broad reform of the judicial sector, adopt and
Sector
institutionalize many of the improvements made possible by the assistance,
provide the resources needed to operate the sector adequately, build an
oversight capability to monitor the sector, and vigorously support the
prosecution of major crimes.
The Haitian government did not follow through in implementing a broad
reform of its legal codes and judicial organizations and processes some of
the measures that donors consider key to addressing the main problems of
the sector. The Haitian government has taken some steps that may
eventually lead to the implementation of a comprehensive reform of the
judicial sector. These steps included enacting judicial reform related
legislation in 1998, increasing judicial salaries, and pursuing further reform
plans, such as expanding the use of Creole in judicial proceedings.
However, none of these steps has moved significantly toward addressing
the main shortcomings of the judicial sector.
Many of the improvements made possible by U.S. assistance have not been
institutionalized because the Haitian government did not assume
ownership of most of them. Although the Haitian government assumed
responsibility for most of the funding for the magistrate school that was
created with U.S. and other donors' support, the government did not adopt
and fund most of the improvements made possible by U.S. assistance in the
justice of the peace courts, prosecutors' offices, and 10 judicial
jurisdictions. For example, during our visit to Jacmel we found that
administrative improvements, such as case registration systems, made to
the justice of the peace courts during the first several years of U.S.
assistance had disappeared after U.S. assistance to these courts stopped in
August 1999. In the absence of further U.S. assistance, U.S. and Haitian
officials were concerned that the rest of the improvements made to the
judicial sector particularly in the prosecutors' offices and in 10 of the 15
judicial jurisdictions would disappear in the short term. U.S. officials and
Haitian contractors noted that the enhancements to 1 of the 10 jurisdictions
had practically faded away during the previous year because the U.S.
assistance had not been implemented in that jurisdiction during that
period.
Also, the Haitian government has not provided the physical and human
resources needed to operate judicial institutions. During our visits to
judicial institutions in Port au Prince, Saint Marc, and Jacmel, we saw that
Page 19
GAO 01 24 Foreign Assistance
<
New Page 1
Website Hosting Directory