Reforming justice: USAID assists Mexican judicial reform campaign.

Mexico has embarked on a series of judicial reforms that could transform its justice system.

Although lagging behind most large Latin American countries in this reform process, this may be to Mexico's advantage as it is learning from the experience of others. The United States Agency for International Development (USAID), at the behest of the Mexican government, is providing technical assistance for the reform campaign.

BUSINESS MEXICO recently had the opportunity to chat with Ed Kadunc, the director of USAID in Mexico, about judicial reform here.

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What is USAID's contribution to Mexico's judicial reform?

We are supporting the Mexican government's efforts to reform the justice system. Our basic role is providing access to experts from countries that have recent experience, like Argentina, Chile, Colombia and Costa Rica. We finance study tours for Mexican officials and bring experts to Mexico.

Why is USAID, as a development agency, interested in Mexican judicial reform?

Our work is to try to deal with common issues that arise out of our close relationship. We always work in response to the Mexican government. We respond to its agenda, providing support where we can. Mexico is a sophisticated country with well-prepared individuals, so the access we provide to technical experts and best practices is very well used by Mexican officials.

What are the primary elements of development in judicial reform?

A transparent legal system that is efficient and expeditious sets the stage for other improvements in a society. It is also a social justice issue, which is why states with higher levels of social conflict are anxious to advance reforms, since this will reduce the level of social conflict and improve the investment climate.

Why turn to Latin American experts?

Mexico has more in common with the rest of Latin America than with other countries. The transition from an inquisitorial written system to an accusatorial oral system is where a country like Colombia has much to offer. Getting experience from other countries in the region with similar challenges is very useful to the government here.

How are we doing so far?

In Nuevo Leon, they recently held an oral trial that took just eight hours over three days instead of the nine months or more it would usually take. It was a traffic accident and in that time the judge gave his findings and the guilty party was sentenced to prison. It is a beautiful example of why this system is more efficient.

What was USAID's contribution?

The important news isn't what we contributed, but how the state of Nuevo Leon made a decision to modernize its justice system and then did it. Once they made the reforms, we assisted them in carrying out a training program for judges and lawyers that helped them to adjust to the new oral system. It really is a radical change.

Why are the states ahead of the federal government at this stage?

At a local level, there is less politics and more cohesion. Also, the federal reform will require a constitutional amendment and that is always time consuming. About 20 states are interested and nine are at the point where they are ready to do this. They include Oaxaca, Aguascalientes and Zacatecas. The interesting thing here is that no one party dominates the list of states getting ready to move forward. Across the political spectrum, local governments can see this as a tangible benefit it can deliver on.

How quickly can this happen?

Very. Mexico clearly has the capability and will be unique if it manages to reform in a couple of years; it will be the fastest change ever. And it is definitely possible.

John Moody (john.moody@mac.com) has spent 10 years covering Mexico for a variety of international news organizations. He now works as a freelance consultant in the private sector and for NGOs.