The Search for Accountability and Transparency in PLAN COLOMBIA: Reforming Judicial Institutions--Again
Authored by Dr. Luz E. Nagle.
May 01, 2001
49 Pages
Brief Synopsis
The author argues that confidence in an efficient, courageous and transparent judiciary goes to the very heart of the governability of Colombia, and that Plan Colombia does not address the root causes of Colombia's problems. These are weak government, inequality, absence of citizen participation, corruption and an ineffective legal system. Fundamental reforms in Colombia should begin by directly strengthening the moral legitimacy of the government, holistically enhancing socioeconomic development, and meticulously reforming the legal system, thus reestablishing the rule of law. The rule of law, in turn, is critical to the achievement of the ultimate purposes of Plan Colombia--peace, prosperity, and the strengthening of the state. Systemic reform requires well-conceived, long-term, and careful implementation. Unless thinking and actions are reoriented to deal with these realities, the alternative is social calamity, criminal anarchy, and civil war.
Preface
The intention of the U.S. Army War College and The Dante B. Fascell North-South Center has been to elucidate as broadly as possible the many facets of the Colombian dilemma, the worst security problem which the Western Hemisphere faces today. This monograph concerns the challenge to reform Colombian judicial institutions.
Plan Colombia carries with it, by the reckoning of President Andrés Pastrana's government, a $7.5 billion price tag. The United States has committed $1.3 billion to the effort, largely in military aid, antinarcotics programs, and the equipment and training that go with them. Europe is supposed to provide $1 billion in humanitarian aid, social programs, and other nonmilitary assistance, but its money has not been forthcoming.
Meanwhile, the United States does, through the United States Agency for International Development, offer a $122 million package for judicial reform and, in fact, has carried out programs of judicial reform in the past. This monograph demonstrates the urgent need for this money, and much more.
The author's purpose is to argue that confidence in an efficient, courageous, and transparent judiciary goes to the very heart of the governability of Colombia. Transparency and accountability are crucial factors that must be "well developed and incorporated into any serious effort to strengthen the judicial institutions."
The problem with Plan Colombia, according to the author, is, among others, that it "fails to attack the root of Colombia's real problems." These are "weak government, inequality, absence of citizen participation, corruption, and an ineffective legal system." After denouncing the corruption and lack of accountability in the executive and legislative branches, the author provides a veritable tour de force outlining the ills of the weakest branch. What comes across in this analysis is a daunting challenge, remediable only in the medium to long term. It is a discouraging picture of failure and disarray, although, as one might imagine, there are honest heroes who work tirelessly for the good of their country. The author concludes, "If Plan Colombia is to succeed in any sector, it should be with the judiciary."
In the debate over Plan Colombia, judicial reform is often mentioned, but usually only superficially. This in-depth essay convinces us that it deserves higher priority. It is central to helping Colombia to its feet.
Access Full Report [PDF]: The Search for Accountability and Transparency in PLAN COLOMBIA: Reforming Judicial Institutions--Again
|
NEWSLETTER
|
| Join the GlobalSecurity.org mailing list |
|
|
|
