STRATEGIC OBJECTIVE No. 519-002 “MORE INCLUSIVE AND EFFECTIVE DEMOCRATIC PROCESSES” CLOSE-OUT REPORT Approval Date: July, 1997 PACD: September, 2005 USAID EL SALVADOR Democracy and Governance Office Embajada de los Estados Unidos Blvd. y Urb. Santa Elena Antiguo Cuscatlán, La Libertad El Salvador, Centro América Table of Contents I. SUMMARY OF OVERALL IMPACT. .....................................................................................................................3 II. SIGNIFICANT CHANGES IN THE RESULTS FRAMEWORK AND SUMMARY OF PERFORMANCE INDICATOR USED.........................................................................................................................................................4 1. DG STRATEGIC FRAMEWORK (1997-2005)..............................................................................................4 2. SUMMARY OF PERFORMANCE INDICATORS USED............................................................................6 III. SUMMARY OF PROGRAMS AND ACTIVITIES IMPLEMENTED UNDER THE SO.................................7 1. DEMOCRATIC CONSOLIDATION AND GOVERNANCE PROJECT (519-0436). ................................7 1.1 RULE OF LAW ACTIVITIES...........................................................................................................................7 1.1.1 Rule of Law Strengthening. ......................................................................................................................8 1.1.2 Joint Training of National Civilian Police and the Attorney General’s Office. .....................................9 1.1.3 Community Policing (ICITAP’S PIP-COM program support). ..............................................................9 1.1.4 Inter-Agency Agreement with the Department of State (PAO).............................................................. 10 1.1.5 Procuraduría para la Defensa de Los Derechos Humanos (PDDH)………………………………………10 1.2 CITIZEN PARTICIPATION AND GOVERNANCE ACTIVITIES. ........................................................................11 1.3 LOCAL GOVERNMENT ACTIVITIES. ...........................................................................................................12 1.3.1 Democratic Local Governance Activity - DLGA (2002 – 2005).............................................................12 1.3.2 COMURES Institutional Capacity Strengthening Project (2001 – 2005). ............................................12 2. MUNICIPAL DEVELOPMENT AND CITIZEN PARTICIPATION PROJECT (519 - 0388)............13 2.1 POLICY REFORM AND FORMULATION. .....................................................................................................13 2.2 MUNICIPAL STRENGTHENING. .................................................................................................................14 2.3 LOCAL DEMOCRATIC DEVELOPMENT.......................................................................................................14 3. DEMOCRATIC AND ELECTORAL PROCESS (519-0391). .....................................................................15 3.1 PHASE 1 (1992 – 1996).............................................................................................................................15 3.2 PHASE 2 (1996 - 1998)..............................................................................................................................15 3.3 PHASE 3 (1999 – 2003).............................................................................................................................16 4 . OTHER PROGRAMS FINANCED WITH HOST COUNTRY-OWNED LOCAL CURRENCY ...........16 4.1 Support for the Electoral Reform Process - Registro Nacional de Personas Naturales (RNPN) ............16 4.2 Single Identity Card (DUI) implemented by the RNPN (2001 - 2002).....................................................16 4.3. Procuraduría para la Defensa de Los Derechos Humanos (PDDH) (2002-2005)..................................17 4.4. Public Ministry Support for the implementation of the Criminal and Criminal Procedures Codes ........17 IV. PRINCIPAL IMPLEMENTING PARTNERS. ....................................................................................................18 V. PROSPECTS FOR LONG-TERM SUSTAINABILITY OF IMPACT OF THE SO. ........................................19 VI. TOTAL COST OF THE SO (IN US$)...................................................................................................................21 VII. LESSONS LEARNED. ..........................................................................................................................................22 VIII. ANNEXES.............................................................................................................................................................26 ƒ ANNEX 1: List of Evaluations, Assessments and Special Studies conducted during the life of the SO. ƒ ANNEX 2: List of Instruments that have been closed out as per ADS 202.3.10.1. ƒ ANNEX 3: Names and contact point of individuals directly involved in the planning, achieving, assessing and learning of the SO. ƒ ANNEX 4: Extended description by project: Activity 519-0436/Rule of Law Area ƒ ANNEX 5: Extended description by project: Activity 519-0436/Citizen Participation and Governance Area. ƒ ANNEX 6: Extended description by project: Activity 519-0436/Local Government Area. ƒ ANNEX 7: Extended description by project: Activity 519-0388/Municipal Development Project ƒ ANNEX 8: Extended description by project: Activity 519-0391/Democratic and Electoral Processes Project. ƒ ANNEX 9: Principal Implementer Partners, contact information. ƒ ANNEX 10: Complete List of Lessons Learned. ƒ ANNEX 11: PMP Indicators and Targets for the Period 2002-2005. 2 I. SUMMARY OF OVERALL IMPACT. Through the FY 1997-FY 2005 Strategy, Sustainable Development and Democracy in El Salvador, the Democracy and Governance Office activities deepened the democratic process in El Salvador by focusing on consolidating El Salvador’s democratic institutions and practices and institutionalizing respect for human rights. This was accomplished by promoting increased citizen awareness and participation to achieve: more politically active advocacy organizations; more effective electoral administration; strengthened local government; improved court case preparation and management; and increased use of the justice system. Below are the key achievements by IR: IR1: More politically active advocacy organizations: ƒ The development of civil society organizations (CSOs) exceeded expectations, having become far better equipped to advocate for key policy changes, empower citizens to participate in decision-making, and monitor government performance. Enhanced CSO capacity resulted in 60 significant submissions of policy proposals to government entities by the end of the program. ƒ The Legislative Assembly has now institutionalized public hearings as means to increase citizen participation in the process of formulating a law. All legislative commissions have created spaces to gather the input and opinion from various sectors of the population. With the establishment of 6 legislative constituent outreach offices in other Departments, citizens are now closer to their representatives. ƒ The capacity of the Legislative Assembly was greatly enhanced, resulting in improved technical capacity for research and analysis, and greater citizen participation in the legislative decision making process. ƒ The Government of El Salvador has approved a new Ethics Code for the executive branch, paving the way for increased accountability of public servants and reduced corruption. IR2: More effective electoral administration: ƒ The country’s progress toward the consolidation of democracy was demonstrated in March 2004, when 67% of the population turned out for elections that were deemed fair, free and transparent. IR3: Strengthened local government: ƒ Local governments are providing better services and enabling citizens to become involved in decision-making and contribute to the economic development of their communities. All the 28 targeted municipalities concluded and approved their long term strategic plans in a participatory manner and almost of all them have established Local Development Committees (CDLs) to manage their strategic plans. ƒ The adoption of a National Agenda for Decentralization by the Government of El Salvador through the National Commission of Local Development (CONADEL) with the participation of the donor community as well as the municipalities, has improved the national enabling environment for local governance. 3 IR4: Improved court case preparation and management: ƒ The National Civilian Police (PNC) was provided with better equipment to perform its job. The donated portable police radios helped improve communication among police officers and improve community policing (PIP COM), and the computer equipment provided for the central records system has allowed transferring the old PNC database to a modern server system and making it functional. The system is now connected to approximately 25 police delegations in the country, which can now share information among themselves; the system also provides information on active criminal investigation cases enabling coordination, preparation and presentation of criminal cases in courts. ƒ Court case preparation has improved during the development of this program; the average number of days that took to prepare a case in targeted geographic areas was reduced in 4.5 days from 39.3 in 2002 to 35.4 days in 2004 (10%). IR5: Increased use of the justice system: ƒ The rapid expansion of mediation services through the Public Defender’s Office and select municipalities, resulting in 26 new mediation centers, has improved access to justice and it is expected that it has relieved pressure on overburdened courts. II. SIGNIFICANT CHANGES IN THE RESULTS FRAMEWORK AND SUMMARY OF PERFORMANCE INDICATOR USED. Because of ever-changing political tides and will, the SO results framework changed somewhat throughout the life of strategy by adding or phasing down activities. Notably, two unforeseen activities were added during the life of the Activity. These were a community policing program and conflict mediation centers. The mantra of the Democracy office became known as flexibility. Sometimes, in order to achieve the strategic objective, the team had to change course, ultimately delivering superb results. Similarly, the traditional support given to electoral administration was phased down from intensive assistance to “on a request and limited basis” cooperation. 1. DG STRATEGIC FRAMEWORK (1997-2005). Please see next page. 4 IR-Level Indicators: STRATEGIC OBJECTIVE: More Inclusive and Effective Democratic Processes (i) INTERMEDIATE RESULT No. 1: More Politically Active Advocacy Organizations (ii) INTERMEDIATE RESULT No. 2: More Effective Electoral Administration (iii) INTERMEDIATE RESULT No. 3: Strengthened Local Government (iv) INTERMEDIATE RESULT No. 4: Improved Court Case Preparation & Mgmt. (v) INTERMEDIATE RESULT No. 5: Increased Use of the Justice System (vi) 1. Significant Submissions by CSOs coalitions or CSOs to the legislature and/or other GOES authorities. 2. Legislative committees holding at least one public hearing per year. 1. Eligible voters with valid documents 1. Number of municipalities with formerly established and operating community oversight committees. 2. Locally generated funds/revenues in targeted municipalities. 3. Funds allocated for investment in services and infrastructure in targeted municipalities. 1. Percent of reduction in average case preparation duration for homicide cases in targeted geographic areas. 2. Number of police delegations with adequate communication equipment. 1. Number of Mediation and Justice Centers established. CHANGES TO RESULTS FRAMEWORK THROUGHT THE STRATEGY PERIOD: i. 1997-2000: “More Accountable Government Institutions” ii. 1997-2000: “A Legislature More Responsive to Constituents” iii. 1997-1998: “Increased Participation in the Electoral Processes”; 1998-2000: “An Impartial and More Effective Electoral Administration” iv. 1997-1998: “Strengthened Local Government-Citizen Interaction”; 1998-2000: “Increased Participation and Strengthened Local Government” v. 1997-2000: “More Access to Effective Legal/Judicial Protection”; 1998: “More Effective Legal/Judicial Protection for all Citizens” vi. While not precursors to the current IR5, in previous Annual Reports the following were listed as IRs: 1997: “Central Integrated Financial 2. SUMMARY OF PERFORMANCE INDICATORS USED. The DG Performance Management Plan (PMP) was approved in June 1996 for the period FY 1997- 2002 and was further amended in April 2003 as a result of the USAID/El Salvador Strategy extension to 2005. Encompassing the adjustments to the SO results framework, many of the original indicators were also revised, adjusted, changed or deleted. The PMP indicators chosen are the ones that best reflect the current focus of the various components of the DG office, and were objective, credible, and adequate measures of the achievements and/or impact of the program. In addition, the data was readily accessible, through the contractors, local counterparts, or other relevant sources. The indicators listed below correspond to the period 2002-2005. Annex 11 shows the PMP indicators and targets for the same period. SO LEVEL More Inclusive and Effective Democratic Processes ƒ Cases filed in criminal courts in targeted geographic areas. ƒ Number of Congressional sponsored Constituent Service Offices established by department. ƒ Households in target Municipalities receiving selected municipal services (garbage and final disposition). IR1: More Politically Active Advocacy Organizations ƒ Significant submissions by Civil Society Organization (CSO) coalitions or CSOs to the legislature and/or other GOES authorities. ƒ Legislative committees holding at least one public hearing per year IR2: More Effective Electoral Administration ƒ Eligible voters with valid documents. IR3: Strengthened Local Government ƒ Number of municipalities with formally established and operating community oversight committees. ƒ Locally generated funds/revenue in targeted municipalities. ƒ Funds allocated for investment in services and infrastructure in targeted municipalities. IR4: Improved Court Case Preparation and Management ƒ Percent of reduction in average case preparation duration for homicide cases in target geographic areas. ƒ Number of police delegations with adequate communication equipment. IR LEVEL IR5: Increased Use of the Justice System ƒ Number of Mediation and Justice Centers established. 7 III. SUMMARY OF PROGRAMS AND ACTIVITIES IMPLEMENTED UNDER THE SO. The major achievements by IR are listed in Section I “Summary of Overall Impact”. A summary of programs and activities implemented under the SO are described below. In addition, a more detailed definition of all activities implemented including results, funding, implementers, and implementation mechanisms can be found in Annexes 4 to 8 to this document. 1. DEMOCRATIC CONSOLIDATION AND GOVERNANCE PROJECT (519-0436). Authorization date: September 29, 1997; Completion date: September 30, 2005. LOP Funding: $29,681,905 The purpose of the Activity was to help improve access to and responsiveness of the Salvadoran legal system, local governments and public institutions to address concerns of the Salvadoran poor and other marginalized groups. This was achieved through activities in the program areas of rule of law; citizen participation and governance; and local governments. Interventions under this Activity supported four IRs: o IR1: “More Politically Active Advocacy Organizations” o IR3: “Strengthened Local Government” o IR4: “Improved Court Case Preparation and Management” o IR5: “Increased Use of the Justice System” * IR2 “More Effective Electoral Administration” was achieved through other program interventions outside this Activity (refer to subsection 3, below). 1.1 RULE OF LAW ACTIVITIES. Rule of Law activities helped to achieve IR4 “Improved Court Case Preparation and Management,” and IR5 “Increased use of the Justice System.” Main interventions under this program were implemented through competitively selected contracts with Chemonics International (1998 – 2000); DPK Consulting (1998 – 2000); National Center for State Courts (NCSC) (1998 – 2000); DPK Consulting (2000 – 2003); with NCSC with a sub￾contract to DPK Consulting (2004 – 2005), Inter Agency Agreement with the Public Affairs Office (1998 – 2004), and grant to the United Nations Development Program (UNDP) with host country￾owned local currency (HCOLC). Local implementing partners included the Solicitor General’s Office1 , the Attorney General’s Office2 , the National Council for the Judiciary, the Supreme Court, the Justice Sector Coordinating Commission, the Technical Executive Unit (UTE), the National Civilian Police (PNC), the Judicial Training School, the Office of Human Rights Ombudsman, and selected municipalities. 1 Referred in Spanish as Procuraduría General de la República (PGR) 2 Referred in Spanish as Fiscalía General de la República (FGR) 8 1.1.1 Rule of Law Strengthening. 1998 – 2000 ƒ Technical assistance for the implementation of legal reforms, with emphasis in the Criminal and Criminal Procedures Codes. Assistance was targeted on selected departments and was focused on on-site, on-the-job technical assistance, improved coordination among local protagonists, and the development of administrative systems to support the Codes. ƒ Popular legal education included inter-institutional coordination, a strategic plan and a legal education campaign that was implemented by Government institutions and non-Governmental organizations. ƒ A program was designed to improve media understanding of criminal justice reforms. A total of 767 justice sector operators and media participated in training activities to improve media techniques and information strategies. ƒ The first intervention of USAID in the establishment and use of ADR in El Salvador was first approached in this period. A focus was made in court annexed conciliation and mediation. A preliminary assessment of ADR in El Salvador was performed and an ADR training module was developed with the Judicial Training School of the National Council for the Judiciary (CNJ); training was provided in ADR mechanisms to justice sector operators mainly in conciliation and mediation. A multidisciplinary group of 50 mediators which included judges, social workers, educators, and psychologists was also trained to mediate court referred cases. ƒ Technical advisory assistance to the Technical Executive Unit (UTE) and member institutions of the Justice Sector Coordinator Commission to develop a long term vision geared towards modernizing the justice system, with emphasis in the planning, execution and evaluation of activities, which includes a monitoring and evaluation system and its dissemination for measuring progress in the justice sector. ƒ Technical assistance, training and equipment were provided to strengthen the UTE and the Justice Sector Coordinator Commission. Support was provided for the development of technical studies, publications, manuals, and other legal education material. The creation of a web page for the UTE was designed (www.ute.gob.sv). Support to the Justice System Project - PAS (2000 – 2003). ƒ Training over the life of the Project covered nearly every aspect of the criminal justice process, from training geared towards improving the performance of police and prosecutors at the crime scene, to training designed to improve the technical competence of justice sector operators during the criminal trial. Specifically, training courses included topics in Theory of the Crime, Evidence Law, Trial Advocacy Skills, Crime Scene Management, and Criminal Investigation. ƒ The project worked closely with representatives from the Attorney General’s Office (AGO) to produce a comprehensive draft of changes to the Criminal Procedure Code. This effort was later followed by the publication of a book entitled “Trial Advocacy Skills in the Salvadoran Criminal Justice System,” the first book of its kind in all of Latin America. ƒ The project also helped modernize the AGO’s computer system in order to facilitate the later connection of a digital network among its regional offices. ƒ At the end of this Project, seven Casas de Justicia and Mediation Centers dotted the Salvadoran landscape, six of which were the direct result of Project efforts. Since their respective inceptions, the three Casas de Justicia (developed with municipal government counterparts) and 9 Mediation Centers (developed with the Public Defender’s Office) had carried out 736 mediations and had provided legal assistance in 1,587 cases. ƒ At the end of this project, six of the ten largest Salvadoran law schools had legal clinics in place, four of which were the direct result of Project efforts with local counterparts. In these four law schools, geographically distributed throughout the country, 831 law students were exposed to the clinical methodology. Justice Project – ProJusticia (2004 – 2005). ƒ As of December 2005, a total of 26 Mediation Centers had been established and operating, which is considered one of the major outputs of the program. The Centers include fifteen Public Defender’s Office Mediation Centers; two Mobile Mediation Units; three Mixed Mediation Centers (Public Defender’s Office and Municipality); and six Municipal Mediation Centers.. ƒ The Civil and Commercial Procedures Code were reviewed and readapted into a draft law. This draft law would help modernize the legislation and justice administration to solve conflicts of civil and commercial matters, and also introduced oral procedures. ƒ Law schools were able to identify needs to reformulate the general study plan to implement legal clinic courses. Faculties were also provided with manuals, support materials, training in oral techniques, interview techniques, case handling and case follow-up. 1.1.2 Joint Training of National Civilian Police and the Attorney General’s Office (2000-2004). In 2000, USAID/El Salvador requested a delegation of authority under the FAA, Section 534(b) (3), to include police personnel in certain rule of law training programs in order to improve coordination between the police and the Attorney General’s Office and to better conduct their investigative and forensic functions. The delegation of authority was issued on January 28, 2000 and further amended in April 2002 and July 2003 to accelerate the rule of law joint training program and increase the original authorized amount by $500,000 (from $650,000 to $1.15 million) ESF from prior years obligated funds under the Activity. The program was managed by USAID/El Salvador in close coordination with the Criminal Investigative Training Assistance Program (ICITAP) in El Salvador. ƒ The project included the following training courses and/or activities on topic such as crime scene Management; chain of custody; criminal investigation; forensic techniques; intensive specialized training for regional coordinators; sexual crime; and criminal investigation with emphasis on gang-related crimes. ƒ This project helped improve inter-institutional coordination between the PNC and the AGO; and increased the knowledge of prosecutors and police personnel and helped ensure the proper investigation of crimes and successful criminal prosecution. The courses benefited 1,594 participants, of which 1,050 were police officials, and 544 prosecutors. 1.1.3 Community Policing (ICITAP’S PIP-COM program support) (2000 – 2004). In 2000, USAID/El Salvador was granted an exception – notwithstanding authority 660 (b) (6) of the FAA to implement community policing activities up to $2 million ESF. In 2002 the AGC/LAC determined that El Salvador was no longer eligible to rely on the exception set forth in section 10 above; however on July 29, 2002 a delegation of authority was granted by AA/LAC to rely on a exception set forth in Section 534 (b) (3) of the FAA to permit up to $200,000 ESF to be used for the completion of a centralized records system and case tracking management system for the PNC. In 2003, the Mission sought special authorizing legislation resulting in the inclusion of Section 582 in Division E of the Consolidated Appropriation Resolution, 2003, under which the U.S. Congress authorized the use of FY 2003 $750,000 ESF to support community-based police assistance in El Salvador. Total amount authorized for community policing activities was $2.9 million of which $500,000 were reprogrammed for joint training activities (see section 1.1.2 above). The program was managed by USAID/El Salvador in close coordination with ICITAP in El Salvador. ƒ In 1999 ICITAP helped the PNC to initiate the community-oriented patrol policing strategy in the city of Mejicanos, an area of 240,000 residents. This methodology focused on using modern, internationally accepted police patrol methods, and deployed police officers based on crime data analysis with the flexibility to adjust to changing crime patterns. This community￾policing program, commonly referred to as the PIP-COM program, had an immediate positive affect. By 2001 the PIP-COM program had been established in all the largest cities and towns throughout the country. ƒ Since 2000 USAID assistance was focused on bolstering the effectiveness of the PIP-COM program by providing the PNC with the tools they needed. USAID/El Salvador provided much needed portable police radios and bicycles to support these activities in hard to reach communities. Assistance was also provided to modernize the PNC's records systems and case￾tracking management system. This allowed fundamental access to basic records such as court orders, outstanding warrants, stolen property and criminal histories. ƒ Equipment was also provided to expand the PNC’s 911 Emergency System. 1.1.4 Inter-Agency Agreement with the Department of State Public Affairs Office (PAO) (1998 – 2004). ƒ In July 1998 USAID and the Department of State’s Public Affairs Office signed an Inter￾Agency Agreement (IAA) in order to provide funding to carry out the following activities in support of the Legal/Judicial Protection (rule of law) program: 1) specialized international visitors (IV) programs; 2) professional/academic exchanges; 3) observational visits; 4) fulbright scholar’s researches; 5) voluntary visitors (pro-bono services by Salvadoran law firms); and 6) small grants to civil society organizations. Areas of assistance included, inter alia, community crime prevention, rules of evidence, judicial training, ADR, policy reform in criminal and commercial issues. ƒ An important achievement under this IAA was the provision of three grants to the National Council for Public Security (CNSP) to: 1) conduct a study of the influence of gangs in schools; 2) carry out a training (diplomado) in prevention of violence; and 3) carry out an activity and provide training (diplomado) in fundraising. The results of the study and training activities will be used by the CNSP for the newly developed “youth at risk” activity to be implemented by USAID under the new strategy period 2004-2009. 1.1.5 Procuraduría para la Defensa de los Derechos Humanos (PDDH) (2002-2005). The PDDH does not belong to the justice sector per se; however it provides frees legal counsel and orientation to the public in general and can submit cases to justice sector institutions. When a human rights violation occurs, the PDDH is obligated to investigate. Assistance to the PDDH was 11 initially designed to enhance the capability of this Office to analyze and formulate recommendations to strengthen systemic protection of human rights and to strengthen cooperation among community members and judicial actors in the resolution of conflicts. After the suspension of a grant with a U.S. NGO to be financed with Activity dollar funds, the Mission agreed upon with the Government of El Salvador to use $170,000 of host country-owned local currency funds to finance a three-year plan to support the PDDH regional offices in order to increase the possibility that an ordinary citizen outside the capital can be heard by the system and receive legal assistance with regard to human rights issues. Main activities include: ƒ Regional workshops to evaluate and prioritize the needs of the regional offices were conducted. ƒ Training of personnel was provided in areas such as human rights, constitutional law, criminal procedures, mediation, client servicing etc. ƒ Limited commodities and materials to improve the institution capacity to respond to citizens’ requests with regard to human rights were financed. A more detailed description of programs under the Rule of Law component, of Activity 519-0436, can be found in Annex 4. 1.2 CITIZEN PARTICIPATION AND GOVERNANCE ACTIVITIES. Citizen Participation and Governance activities helped to achieve IR1 “More Politically Active Advocacy Organizations.” The purpose of this component was to support greater citizen participation in decision-making processes by promoting civil society advocacy and oversight, transparency initiatives and legislative strengthening. Main interventions under this program were implemented through a competitively selected assistance instrument with Creative Associates Inc. (CREA). Local implementing partners included the National Legislative Assembly, local civil society organizations (CSOs) and selected municipalities. The main achievements were: ƒ Two national level proposals presented by participating CSOs were adopted by the respective decision-markers: 1) a series of measures to help modernize and create greater transparency in the Attorney General’s office; and 2) a package of legal reforms passed in the Legislative Assembly that improves the ability of single parents to claim child support from the non￾custodial parent. ƒ Other clear advances were seen in municipal ordinances, lobbying, working with the media, alliance-building and working with constituencies, fundraising, strategic vision, and leadership. ƒ A Legislative Support Unit in the Assembly, which helped to strengthen relationships between the people and their representatives, was established to promote effective public participation in the legislative process. ƒ The Assembly established a Constituent Services Office. The new office is a shining example of unique, specialized, and comprehensive public administration service to citizens. A total of six Departamental Constituent Offices were also established throughout the country. ƒ A social auditing program was established in nine municipalities to prevent corruption. Several ordinances were approved to institutionalize social auditing to ensure it does not disappear with a change of administration. 12 ƒ The Government of El Salvador approved a new Ethics Code for the executive branch, paving the way for increased accountability of public servants and reduced corruption. A more detailed description of programs and achievements under the Citizen Participation and Governance component of Activity 519-0436 can be found in Annex 5. 1.3 LOCAL GOVERNMENT ACTIVITIES. Local Government activities helped to achieve IR3 “Strengthened Local Government.” Main interventions under this program were implemented through a competitively selected contract with Research Triangle Institute (RTI) and a cooperative agreement with a local municipal association COMURES3 . Local implementing partners included selected municipalities, COMURES, CDAs4 and CONADEL5 . This component helped improve transparent management of public resources, increased the ability to provide basic services, and provided technical assistance in designing and implementing strategic plans with citizen participation in selected municipalities. Policy dialogue was also supported to help clarify municipal roles and responsibilities regarding the decentralization of additional public services, as well as the design and implementation of a National System of Transparency for Local Governments. 1.3.1 Democratic Local Governance Activity - DLGA (2002 – 2005). ƒ All 15 new participating municipalities completed and approved their long term strategic plans (known as PEP) in a participatory manner (local government, private sector and civil society). Twenty-four Local Development Committees (CDL) were established to manage their strategic plans. ƒ The coverage and quality of water services was increased in 16 decentralized water enterprises; as well as rapid attention to users’ complaints. ƒ A sanitary landfill was designed for the Micro Región Paracentral Norte (MIPANOR) and Micro Región Cuscatlán-San Martín (MICUSAM), which serve 20 municipalities. ƒ A Web portal for Local Development was established: http://www.desarrollolocal.com.sv ƒ The Municipal Financial Administration System (SAFIMU II) was updated to form a system capable of identifying and registering urban and rural properties, registering construction on these properties, registering automatic valuation according to parameters, and implementing an integrated payroll system. 1.3.2 COMURES Institutional Capacity Strengthening Project (2001 – 2005). ƒ The association strengthened its negotiation role before national and international sectors leading the discussion of topics of municipal interest with a clear agenda to promote municipal autonomy within the appropriate legal framework. ƒ The project generated an important scientific data base that is useful for the definition of actions oriented at improving financing conditions for local development. 3 Corporación de Municipalidades de El Salvador (COMURES) 4 Consejos Departamentales de Municipalidades (CDAs) 5 Comisión Nacional del Desarrollo Local (CONADEL) 13 ƒ COMURES institutional capacity was strengthened through legal, technical, association, communication, and administration advisory support to the Consejos Departamentales de Municipalidades (CDAs). ƒ At the end of the project, and contributing to national democratization, there was greater public confidence in local government due to strengthened management capacity, broadened development vision, and promotion of citizen participation in the planning processes. ƒ COMURES and its members alongside the National Government placed on the national agenda the promotion of public modernization as one of the mechanisms to strengthen processes of transparency and citizen participation, agreeing in discussion within the National Commission of Local Development (CONADEL) framework. ƒ COMURES is now recognized as the ideal promoter of local development. A more detailed description of programs and achievements under the Local Government component of Activity 519-0436 can be found in Annex 6. 2. MUNICIPAL DEVELOPMENT AND CITIZEN PARTICIPATION PROJECT (519 - 0388). Authorization date: September 30, 1993; Completion date: December 31, 2001. LOP Funding: $12,500,000 The Municipal Development and Citizen Participation Project (MDCPP) assisted the Government of El Salvador (GOES) in strengthening municipalities by improving services through effective financial management and greater citizen participation in local governance. The key substantive areas targeted in MDCPP were municipal finance and management, citizen participation, and policy dialogue and reform, complemented by indigenous urban management training and technical assistance. Interventions under this activity helped to achieve IR3 “Strengthened Local Government.” Main interventions under this program were implemented through competitively selected contracts with Research Triangle Institute (RTI). Local implementing partners included selected municipalities, COMURES, FISDL6 and CDAs. The Municipal Development and Citizen Participation Project was made up of three components and their main achievements are described below. 2.1 POLICY REFORM AND FORMULATION. ƒ At the end of the project, open Council Meetings; publicized budgets; rendering of accounts; dialogue with entrepreneurs; and appearances on open telephone radio talk shows, were more common at municipal level. ƒ For the first time, seminars/workshops were carried out to allow mayors and senior managers to obtain greater knowledge regarding other creative and innovative experiences in urban development, including methods, ideas, and successful projects. ƒ Eighteen municipalities of the MDCPP, local leaders, mayors, internal auditors, municipal trustees (síndicos), treasurers, and accountants, as well as 24 auditors of the Corte de Cuentas were trained in auditing techniques. 6 Fondo de Inversión Social y Desarrollo Local (FISDL) 14 ƒ Assistance was provided to COMURES for efficient lobbying to strengthen the municipal sector. As a result, COMURES was able to exert great influence to establish transfers from the central government by 6 and recently to increase them to 7 percent of the national operating budget, and to draft regulations for distribution of funds from the Fondo de Desarrollo Económico y Social (FODES) to the municipalities, developing grant allocation formulas. 2.2 MUNICIPAL STRENGTHENING. ƒ At the end of the project, targeted municipal governments responded more effectively to the needs of their constituents by providing improved and expanded public services on a sustainable basis. ƒ Targeted local governments’ capacity to collect resources increased to allow self-sustaining services, normal maintenance, and self-investment; the tax base was expanded through updating of the real estate cadastre as well as the register of companies, i.e., 72% of the municipal cadastres, corresponding to 20 participating MDCPP municipalities, were updated; and collections were expanded and systematized in each phase—normal, administrative, and judicial—as established in the General Law on Municipal Taxes. ƒ A Modernization of tax documents and reassessment of taxation related to public services was performed. The legal framework for tax administration was correctly applied, thereby making the tasks related to the technical review of balances more efficient, accommodating assets declared by companies, and maintaining two-way communications with entrepreneurs and citizens. ƒ A Sistema de Administración Financiera Integrada Municipal (SAFIMU) was implemented allowing accounting transactions to occur in real time; billing to be carried out within the system (although the process for the massive issuance of notification-invoices takes a very long time); and to get the tax registry and control up to date. ƒ A model of decentralized municipal services provision, for the municipalities participating in the project as well as for the remaining (nonproject) municipalities, was developed. The following projects were carried out following this methodology: 1) water supply systems for the municipalities of Ereguayquín and San Julián; 2) solid waste collection and disposal systems for Usulután and Sonsonate. 2.3 LOCAL DEMOCRATIC DEVELOPMENT. ƒ Citizen participation in the local democratic decision-making process was enhanced through cabildos abiertos (open town meetings), increasing nongovernmental organizations’ (NGOs) and community organizations’ access to the democratic process, and identifying new mechanisms for broadened participation. ƒ Notably, 18 municipalities incorporated into their investment plans the three priorities established by participants during the planning process. ƒ Participatory action plans were developed as support tools for the municipal administration in 15 municipalities. A more detailed description of programs and achievements under the Municipal Development and Citizen Participation Project can be found in Annex 7. 15 3. DEMOCRATIC AND ELECTORAL PROCESS (519-0391). Authorization date: September 30, 1992; Completion date: March 31, 2002. LOP Funding: $9,450,000 The goal of the Project was to strengthen democratic institutions and practices by enhancing the integrity and inclusiveness of the Salvadoran democratic and electoral processes, especially the participation of women, young citizens and rural people. Interventions under this activity helped to achieve IR2 “More Effective Electoral Administration.” Main interventions under this program were implemented through competitively selected contracts with Inter American Institute for Human Rights (IIHR/CAPEL), Creative Associates, IFES, IRI, NDI, Freedom House, and Southwest Voters Research Institute. Local implementing partners included Supreme Electoral Tribunal (SET) and local non-governmental organizations. 3.1 PHASE 1 (1992 – 1996). ƒ The first phase of this project took place during the so called “Elecciones del Siglo” (1994 Presidential Election, the first one after the Peace Accords which had the participation of the FMLN as a legal political party). Efforts focused on assisting with documentation, voter registration/awareness campaigns, civic education, inscription of official voter rolls (carnetización) and electoral observation missions to monitor and report on the conduct of the combined 1994 presidential, legislative and municipal elections. Technical assistance and commodities to strengthen SET’s ability to plan and implement activities required to realize free and fair elections and to improve voter registration procedures to register voters in an inclusive and timely manner, while improving data management and processing systems needed to update and maintain an accurate voter registry. ƒ Retrieving and copying 250,000 birth certificates for the SET and canvassing targeted municipalities on a door to door basis. Pre-electoral activities covered 133 municipalities in all 14 departments. ƒ Technical assistance and training, as well as in-kind and financial assistance to Salvadoran civic organizations to support their efforts to foster citizen involvement in the democratic and electoral processes. ƒ In the post-electoral phase, assistance was provided so that 21 NGO’s organized 10 sub￾projects which specifically dealt with issues surrounding women, environmental awareness, youth, community radios, and local communities. At the conclusion of the sub-projects, the NGOs were able to organize 242 community forums covering many pertinent subjects. Of particular importance were the 32 local forums held on citizen safety during the “Let’s Participate in Democracy” sub-project. Approximately 9,062 people participated in the ten sub-projects and the NGOs worked in all 14 departments. 3.2 PHASE 2 (1996 - 1998). ƒ Training and technical assistant to assist the SET to run the 1997 Municipal and Legislative Elections. ƒ An NGO network of 23 local organizations which implemented a national voter outreach/civic education campaign with the SET during the post registration an pre-election period of 1997 elections was established. 16 ƒ An agreement was reached with the Japanese Embassy to collaborate in three key programs: expanded civic education and voter outreach coverage; free Election Day rural transportation; and post election evaluation. 3.3 PHASE 3 (1999 – 2003). ƒ Important electoral reforms were drafted related to the electoral code, electoral procedures code, organic law of the SET, and political party law. For six months, the SET magistrates studied the proposals to reach consensus agreements about their contents before presenting them to the Legislative Assembly in April 2002. Although only minor changes were eventually introduced into the current legislation, electoral reform continues to be a key issue in the political agenda. These reform proposals should provide a substantive basis for further discussion. ƒ A process of strategic planning, organizational restructuring and a re-engineering of key processes, including the electoral register and the electoral process was performed in the SET. This support resulted in an improved set of processes for carrying out the 2003 municipal and legislative elections. ƒ A technical unit, under which the SET’s computers were organized, was created and placed under the direct authority of the magistrates. As a result, the logistics for voting and vote counting improved, both in 2003 as well as in 2004. ƒ In addition, the collateral support obtained through the support of Gigante Express led to the near completion of a detailed electoral map, which will be used once residential voting is put into place. The servers supplied in 2003 contributed especially to the useful introduction of the Documento Unico de Identidad-DUI in the 2004 elections. A more detailed description of programs and achievements under the Democratic and Electoral Processes Project can be found in Annex 8. 4. OTHER PROGRAMS FINANCED WITH HOST COUNTRY-OWNED LOCAL CURRENCY 4.1 Support for the Electoral Reform Process – Registro Nacional de Personas Naturales (RNPN) No. 519-0000-99 (1999-2002) ƒ Support was provided to the Registro Nacional de Personas Naturales (RNPN), through a grant awarded to the UNDP financed with host country-owned local currency (Colones 40.0 million equivalent to $4.59 million), in the construction of a historical database, which was the second phase toward the establishment of a new civil registry and the issuance of a single identity card known as the DUI. 4.2 Single Identity Card (DUI) implemented by the RNPN (2001 – 2002) ƒ Support was provided to the Registro Nacional de Personas Naturales (RNPN) to issue free of charge approximately 937,500 DUIs. This assistance was implemented through an Action Plan financed with host country-owned local currency ($7,500,000) and managed by the Secretaría Técnica del Financiamiento Externo (SETEFE). The DUI was used for the first time as a voter card in the 2004 election, and due partly to its use, the 2004 elections had an historic 67% voter 17 turnout. The historical database for the new civil registry was relied upon to issue a total of 3.6 million single identity cards (DUI). 4.3 Procuraduría para la Defensa de los Derechos Humanos (PDDH) (2002-2005). Please refer to section 1.13 above. 4.4 Public Ministry Support for the implementation of the Criminal and Criminal Procedures Codes, Project No. ELS/97/L02. (1998 – 1999) ƒ Support was provided to the Public Ministry comprised of the Attorney General’s Office, and the Public Defenders’ Office for the start up implementation of the criminal codes by improving the response capability of the justice system to meet the broader, more articulate demands of the citizens. The Grant, administered by the UNDP, was financed with host country-owned local currency at a level of Colones 25.0 million ($2.9 million) and was used to purchase basic equipment and limited technical assistance needed by aforementioned justice sector institutions for the implementation of the Criminal Codes. 18 IV. PRINCIPAL IMPLEMENTING PARTNERS.7 1. DEMOCRATIC CONSOLIDATION AND GOVERNANCE ACTIVITY (519-0436) Rule of Law Activities: ƒ DPK Consulting ƒ Ministerio de Gobernación ƒ National Center for State Courts - NCSC ƒ Consejo Nacional de la Judicatura (CNJ) ƒ Office of Public Affairs, U.S. Embassy to El Salvador, (Interagency Agreement) ƒ National Civilian Police (Policía Nacional Civil – PNC) ƒ International Criminal Investigative Training Assistance Program of the Department of Justice (ICITAP) ƒ Procuraduría para la Defensa de los Derechos Humanos – PDDH (Ombudsman Office). ƒ Attorney General’s Office (Fiscalía General de la República) ƒ Chemonics International, Inc. ƒ Public Defender’s Office (Procuraduría General de la República) ƒ Comisión Coordinadora del Sector Justicia ƒ Executive Technical Unit of the Justice Sector (UTE). ƒ The United Nations Development Program (UNDP) ƒ Supreme Court of Justice (CSJ) ƒ Citizen Participation and Governance Activities: ƒ Creative Associates International, Inc. ƒ El Salvador’s Legislative Assembly ƒ The University of Texas at Austin, sub￾contractor of Creative Associates ƒ Consejo Nacional de Desarrollo Sostenible – CNDS ƒ Civil Society Organizations: Fundación Siglo XXI; FESPAD; APES; FUMA; PROBIDAD; and IUDOP, among others. ƒ World Learning Inc. Local Government Activities: ƒ Research Triangle Institute International – RTI ƒ Selected Municipalities ƒ Corporación de Municipalidades de la República – COMURES ƒ Red de Cooperantes para el Desarrollo Local - RECODEL ƒ Fondo de Inversión Social para el Desarrollo Local– FISDL ƒ Comisión Nacional para el Desarrollo Local – CONADEL ƒ Instituto Salvadoreño para el Desarrollo Municipal – ISDEM ƒ Consejos Departamentales de Municipalidades (CDAs) 2. MUNICIPAL DEVELOPMENT AND CITIZEN PARTICIPATION PROJECT (519 - 0388). ƒ Research Triangle Institute (RTI) ƒ FISDL ƒ Corporación de Municipalidades de la República – COMURES ƒ ANDA ƒ ISDEM ƒ CDAs ƒ Selected Municipaliaties 3. DEMOCRATIC AND ELECTORAL PROCESS (519-0391). ƒ International Foundation for Election Systems - IFES ƒ Registro Nacional de las Personas Naturales (RNPN) ƒ Creative Associates International, Inc. ƒ Tribunal Supremo Electoral - SET ƒ The United Nations Development Program (UNDP) ƒ Local NGOs 7 For more contact info, please see Annex 9. 19 ƒ Inter American Institute of Human Rights (IIHR/CAPEL) ƒ FreedomHouse ƒ National Democratic Institute (NDI) ƒ Southwest Voters Research Institute ƒ International Republican Institute (IRI) V. PROSPECTS FOR LONG-TERM SUSTAINABILITY OF IMPACT OF THE SO. At the end of the USAID’s seven-year strategy, El Salvador’s democracy is stronger in many ways: there have been significant advancements in justice, decentralization, transparency, election processes, and citizen participation in government decision-making. While significant challenges remain, including limited political will for many key reforms, these achievements provide a solid basis for continued improvements through the new strategy. Below are the prospects for long-term sustainability of the impact achieved during this strategy by IR. ƒ IR1: More politically active advocacy organizations: o The total dependence of Salvadoran CSOs on international funding makes them very vulnerable when international agencies withdraw from the country as is currently the case. Organizations have to begin self-sustaining activities like the sale of services or other business to supplement their income now and eventually replace the income lost as donors leave. o To guarantee true citizen participation, government institutions and civil society must establish mechanisms for interaction. Assembly representatives, executive branch officials and staff should take responsibility for promoting their work more energetically and providing greater opportunities for people to find out about participation mechanisms. ƒ IR2: More effective electoral administration: o The Electoral Law Reforms that would divide the issues between four new laws: Electoral Code, an Electoral Procedures Law, and Organic Law of the SET, and a Political Parties Law, that were drafted with full cooperation of the SET, haven’t been approved; the SET was ultimately unable to extract itself from its still-partisan political design to find a consensus for moving forward, either on electoral law or institutional reforms. o Even assuming greater political will, however, there are enormous bureaucratic obstacles to administrative reform in government institutions. Only a much broader agreement or pact by political parties could possible enable reforms that might fundamentally alter the nature of the SET. ƒ IR3: Strengthened local government: o Although having proposals, which include definition of municipal roles in decentralized service delivery, as well as tax collection and management responsibilities, has facilitated that the discussions regarding decentralization reached all the way up to being included in the CONADEL agenda, the promotion of Municipal Code reforms, and its harmonization with other laws affecting municipal autonomy, require greater negotiation and political lobbying before the Executive and Legislative branches. Continued 20 dialogue is key through CONADEL to promote further discussion and analysis of these key issues in order to be able to advance these reforms ƒ IR4: Improved Court Case Preparation and Management o Key political will remains unclear to incorporate rules of evidence in the Criminal Procedures Code; this lack of definition of admissible evidence in trial produces legal insecurity for the prosecutors office, for the defense, and for the accused; the proposed reforms would establish norms for the presentation, rejection, admission, evaluation and sufficiency of the evidence presented by the parties in a judicial process. When the new evidential rules are adopted, the system and the administration of justice will benefit of legal transparency and security with which the judges admit or reject the evidence in the criminal process. Wide national debate is still needed to analyze the evidential problems and the proposed solutions. o The national Civilian Police and the Attorney General’s Office should develop a joint training plan that continues the training courses on Crime Scene Management, Criminal Investigation, and Chain of Custody. Considering that both institutions are the main columns of the justice system that guarantee proper crime investigation and successful criminal process. ƒ IR5: Increased Use of the Justice System o The project left ADR operators prepared and 26 mediation centers established, though work is still needed in the development of ADR’s experts and in strengthening the local network with the institutional one, e.g., PGR and courts, Chamber of Commerce and other unions, universities and legal clinics. It is also important to guide the work. The greatest responsibility now will be in granting sustainability and the possibility of growth of the national ADR program. Without the institutional support provided until now, the sustainability of the centers and services provided is not granted. 21 VI. TOTAL COST OF THE SO (IN US$). Activity Number Title Life of Activity Funding Obligations Accrued Expenditures Pipeline 519-0436 More Inclusive and Effective Democratic Processes Project 29,682,000 29,681,905 28,892,224 821,810 519-0436.01 Fundación Centroamericana para el Desarrollo Sostenible (FUCAD) Grant 122,000 122,000 122,000 0 519-0436.02 Inter-Agency Agreement with DOS (PAO) 1,070,000 1,070,000 1,070,000 0 519-0436.03 COMURES Grant 1,200,000 1,200,000 1,167,871 32,129 519-0388 Municipal Development and Citizen Participation Project 12,500,000 12,499,707 12,499,707 0 519-0391 Democratic and Electoral Process Project 10,000,000 7,935,786 7,935,786 0 519-0455 Ethics Code Project 350,000 519-0000 PD&L 15,000 15,000 15,000 0 TOTAL USAID 54,939,000 52,524,398 51,702,588 853,939 SO LEVEL as approved by Washington 56,000,000 COUNTERPART CONTRIBUTION AND COST SHARING GOES Counterpart Activity 519-0436 17,316,289 COMURES and CREA Cost sharing Activity 519-0436 1,214,031 TOTAL Counterpart and Cost Sharing 18,530,320 PROGRAMS FINANCED WITH HOST COUNTRY OWNED LOCAL CURRENCY (HCOLC) 519-0000-99 UNDP Support for the Electoral Reform Process – the Registro Nacional de las Personas Naturales (RNPN) $4,571,429 $4,571,429 $4,571,429 0 SETEFE Single Identity Card (DUI) Implemented by the RNPN $7,500,000 $7,500,000 $7,500,000 0 SETEFE Procuraduria para la Defensa de los Derechos Humanos (PDDH) $170,000 $170,000 $170,000 0 ELS/97/L02 UNDP Public Ministry Support for the Implementation of the Criminal Codes $2,900,000 $2,900,000 $2,900,000 0 TOTAL HCOLC $10,570,000 $10,570,000 $10,570,000 0 22 VII. LESSONS LEARNED. 1. DEMOCRATIC CONSOLIDATION AND GOVERNANCE PROJECT (519-0436). 1.1 Rule of Law activities. i. Work with other donors to address deficiencies of the judiciary: This is especially true in the context of judicial administration. The Project began to address deficiencies in judicial administration through the judge mentor program, and it recommends a continued focus, in tandem with other international donors, on this aspect of the judiciary. ii. As long as the current justice system remains a hybrid between the inquisitorial and accusatory systems, there will continue to be large-scale inefficiency and unfairness. Judges already educated in rules of evidence can be targeted and relied upon as a starting point to develop discussions that would generate changes within the system. Reform projects must be conceived integrally, though do not necessarily have to have complex goals. The reform process by its nature is a gradual process. iii. Successful reform and modernization efforts should not depend on the exclusive vision of jurists, but also include other experts such as methodologists, pedagogues, psychologists or anthropologists, to mention some specialties. A great commitment is required from the institutional heads or local authorities. Lack of consensus over justice reform is the best road to failure. Without the sense of ownership, it is not possible to advance. iv. A municipal Mediation Center needs to be fully involved in the local municipal activities in the mayor’s office. Any attempt to separate the center from the mayor’s office, in a well￾meaning attempt to depoliticize the center, will detract from the center’s efforts to show clearly to the mayor its utility. v. Respect for local idiosyncrasies: The municipal ADR experience required not only participative methodologies, but also different communication methodologies in each location. Each municipality or locality, be it rural or urban, has different “momentums” of action and reaction. The conflicts are different and the vision of the justice system often different. vi. It is considered indispensable to train the prosecutor’s personnel in basic juridical areas, such as nullities, resources, evidence means, rules of evidence, etc., to reinforce their participation during the criminal process. 1.2 Citizen Participation and Governance activities. i. The decision to participate or lead an advocacy campaign should not be taken lightly, because it has serious implications: any organization that decides to go forward will have to continue risking their image with public positions, alliances with other organizations and citizen action in order to be successful. ii. Advocacy processes require a willingness to constantly reevaluate strategies and activities, and to change them when necessary. The most successful groups are able to evaluate their work objectively, admit their mistakes, and correct them quickly. iii. The least developed capacity in all of the organizations is the ability to create communications strategies and work effectively with the media. Given its importance, however, media work deserves special attention. 23 iv. No amount of training or coaching can take the place of experience. The most notable instances of increased abilities observed during this project have been with organizations that have used the training provided as a springboard, directly using what they have learned, making mistakes and correcting them. v. Donors supporting advocacy projects should look first at organizations that are already doing advocacy, with no external funding, since these are the most clearly committed. vi. In relation with the Code of Ethics draft and implementation, many parts of the process could have been more participatory and open to the public. Although some participation occurred, it was not always consistent—i.e., the same group of persons was not always involved—and it was perhaps not sufficiently broad as to have generated a base of support for carrying out the code. Although public statements of commitment were made to this process, the public release of different documents would have both indicated a real openness to seeing this process succeed, as well as created a more informed group of persons and organizations who could push for the approval and implementation of the code and office of ethics. vii. It is necessary to improve communication between the Legislative Support Unit (LSU) and other units of the Assembly. One possible problem could be the lack of ongoing communication with other units in the Assembly. Communication is necessary for spreading information about legislative work and for supporting the facilitators. One specific suggestion is for the LSU director to meet with the directors of other Assembly units at least twice a year. viii. The Civic Education Program should try to make sure that an Assembly member is present at all its talks. When a member cannot e present, the program should invite one of the alternates. 1.3 Local Government Activities. i. Any effort aimed at achieving or increasing the adherence and participation of municipal officers and natural leaders of the local community must be considered essential to the success of participatory process for local development. ii. It is necessary to break the long-term objectives down into a coherent set of gradual quantifiable objectives to be achieved in the short, medium, and long term. Verifying achievement in each of the operational objectives will motive to increase participation in the process. iii. In practice, each one of the political parties will try at a given time to take credit for the project, claiming merit that may rightfully belong to the citizens and local participation organizations. The need to ensure that the project is identified as a strictly technical and fully independent activity, with decisions made above the particular interests of political or economic groups, is unmistakable. iv. Promote the implementation of internal audits in municipalities. Such self-evaluation efforts proved helpful and encouraging and must be promoted and incorporated in a future project from the beginning. v. Based on the evaluation of the achievements of the potable water and solid waste companies, the most successful companies were those reporting a higher level of effective participation of the users of the services provided. vi. Any municipality that intends to start a long-term strategy for economic development must promote form the beginning the constitution and operation of an independent and fully representative organization. 24 vii. The promotion of Municipal Code reforms and its harmonization with other laws affecting municipal autonomy require greater negotiation and political lobbying before the Executive and Legislative branches. viii. It is clear that solid waste management is a topic of national dimensions that must be assumed in a comprehensive and interinstitutional manner with a country vision and as a process. ix. In order to support municipalities in the full exercise of their competencies and their municipal autonomy, COMURES carried out counseling sessions for the Provincial Councils of the Municipalities. This modality must be continued since it generates the empowerment of COMURES by council members and employees. 2. MUNICIPAL DEVELOPMENT AND CITIZEN PARTICIPATION PROJECT (519- 0388). i. Greater local involvement in municipal and regional development is vital, especially citizen input into the development process. El Salvador’s approach has been more technical, focusing on local revenue generation, grant reform, and improved local management capacity. However, recent experiences with community participation activities have certified that local involvement quickly shows benefits in the form of demand-based urban services. ii. The experience of the water sector highlighted the difficulty of managing the development of public infrastructure in a centralized manner. Efforts are now under way to devolve the management of these projects to local governments. This represents a clear break with the past, although further progress is needed. iii. It is important to differentiate among municipalities and regions and to deploy different development strategies for different conditions. El Salvador has tended to focus much attention on regional equity issues. The essence of this strategy is to continue to target a variety of central programs to areas of high poverty or other factors, but to grant a higher degree of autonomy to larger cities where economic conditions make it possible for such cities to develop at a faster pace. USAID is in a position to capitalize on this strategy, which emerged during the past few years. iv. Policy development, technical assistance, training outreach, and investment capital all need to be linked. MDCPP’s success has led other donors to recognize these linkages. A case in point is the Inter-American Development Bank’s Municipal Development Project, which follows on the model pioneered by USAID under MDCPP. 3. DEMOCRATIC AND ELECTORAL PROCESS (519-0391). i. Civil Society has a role to play in decision making especially those problems which directly affect local communities. Dialogue at the local level must be taken to the national level where it can generate enthusiasm and support for initiatives affecting common citizens. ii. It is important to foster NGO independence of political parties, otherwise NGOs will continue to be seen by the SET and other government agencies primarily as political proselytizers rather than neutral educators for electoral and democratic processes. This will especially be seen to be the situation during pre-electoral phases. iii. Individual NGOs should comprise a network unless consortia come to the table when a network is being established. 25 iv. The issue of political will or lack thereof, continues to be the most salient impediment to reforms. The SET was ultimately unable to extract itself from is still-partisan political design to find a consensus for moving forward, either on electoral law or institutional reforms. The SET Magistrates should not represent political parties. v. Even assuming greater political will, however, there are enormous bureaucratic obstacles to administrative reform in government institutions. A complete list of lessons learned by project can be found in Annex 10. 26 VIII. ANNEXES. ANNEX 1 LIST OF EVALUATIONS, ASSESSMENTS AND SPECIAL STUDIES CONDUCTED DURING THE LIFE OF THE SO Year Name Author 2000 “Auditoria de la Democracia, El Salvador 1999” – Based on the 1999 USAID Democracy Survey. USAID, prepared by Mitchell A. Seligson – José Miguel Cruz – Ricardo Córdova Macías 2004 “The Political Culture of Democracy, 2004” – Based on the 2004 USAID Democracy Survey USAID, prepared by Mitchell A. Seligson – José Miguel Cruz – Ricardo Córdova Macías 2004 “Independent Evaluation of CAM/C Democracy Survey” USAID, prepared by Management Systems International 2005 “Evaluation of Alternative Dispute Resolution in El Salvador” USAID, prepared by Management Systems International 2005 “An Assessment of Corruption in El Salvador” USAID, prepared by Casals & Associates 2005 “Political Party Strengthening Assessment” USAID, prepared by CAPEL ANNEX 2 LIST OF INSTRUMENTS THAT HAVE BEEN CLOSED OUT PER ADS 202.3.10.1 Number Implementation Instrument Contractor / Recipient Status Democratic Consolidation and Governance Project (519-0436) AEP-I-804-96-90030-00 Contract Chemonics International Inc. Closed 519-C-00-01-00059-00 Contract DPK Consulting Not ready for closeout1 519-C-00-01-00154-00 Contract DPK Consulting In closeout process AEP-I-00-00-00011-00 Contract National Center for State Courts Nor ready for closeout 519-A-00-00-00041-00 Cooperative Agreement Creative Associates International, Inc. Not ready for closeout 519-C-00-03-00013-00 Contract Research Triangle Institute Int. Not ready for closeout 519-A-00-01-00219-00 Cooperative Agreement Corporación de Municipalidades de la República - COMURES In close-out process Municipal Development and Citizen Participation Project (519-0388). OUT-LAG-I-806-99- 00009-00 Contract Research Triangle Institute Int. Closed 519-C-00-94-000106-00 Contract Research Triangle Institute Int. Closed Democratic and Electoral Process (519-0391) 519-0391-C-00-3151-00 Contract Creative Associates International, Inc. Closed AEP-I-801-96-0003-00 Contract International Foundation for Electoral Systems Closed 519-A-00-00-00041-00 Cooperative Agreement Creative Associates International, Inc. Not ready for closeout 519-G-00-99-00032-00 Grant United Nations Development Program In closeout process 1 “Not ready for closeout” means the agreement or contract has provisional indirect cost rates and in order to close them out, USAID needs finalized indirect cost rates from contractor or partner. ANNEX 3 NAMES AND CONTACT POINT OF INDIVIDUAL DIRECTLY INVOLVED IN THE PLANNING, ACHIEVING, ASSESSING, AND LEARNING OF THE SO ƒ Deborah Kennedy-Iraheta, SO Team Leader 1997 – 1999, kennedydd@usaid.gov ƒ Anna Klenicki, SO Team Leader 1999-2001, aklenicki@usaid.gov ƒ Todd Sorenson, SO Team Leader 2001-2004, tsorenson@usaid.gov ƒ Sepideh Keyvanshad, SO Team Leader 2004-2005, skeyvanshad@usaid.gov ƒ Mauricio Herrera Coello, CTO/Project Manager for Citizen Participation and Governance, and Elections activities, Democracy and Governance Office, USAID El Salvador, mherrera@usaid.gov ƒ Ana Luz Joya de Mena, CTO/Project Manager for Local Government activities, Democracy and Governance Office, USAID El Salvador, almena@usaid.gov ƒ Eva Patricia Rodríguez, CTO/Project Manager for Rule of Law activities, Democracy and Governance Office, USAID El Salvador, evrodriguez@usaid.gov ƒ Norma Velásquez-Castro, Project Development Specialist, Strategic Development Office (SDO), USAID El Salvador, nvelasquez-castro@usaid.com ƒ Renata de Rodríguez, Acquisition Specialist, Regional Contracts and Grants Office (RCG), USAID El Salvador, rerodriguez@usaid.com ƒ Parviz Shahidinejad, Financial Administrator, Controllers Office, USAID El Salvador, PShahidinejad@usaid.gov ƒ Helen Tobar, Project Assistant for Local Government activities, 1997 – 2000 ƒ José Roberto Carballo, Project Assistant for Citizen Participation and Governance, Local Government and Elections activities, 1997 - 2004 ƒ Patricia Galdámez, Project Assistant for Rule of Law Activities, and CTO/Project Manager for police related activities, Democracy and Governance Office, USAID El Salvador, pgaldamez@usaid.gov ƒ Ma. Antonieta Zelaya, Project Assistant for Citizen Participation and Governance, and Local Government activities, Democracy and Governance Office, USAID El Salvador, mzelaya@usaid.gov ƒ Claudia de Morales, Financial Analyst, Controllers Office, USAID El Salvador, cmorales@usaid.gov ƒ Ingrid de Lacayo, Sup. Accountant Tech, Controllers Office, USAID El Salvador, ilacayo@usaid.gov 2 ANNEX 4 SUMMARY OF PROGRAMS AND ACTIVITIES IMPLEMENTED UNDER THE SO Extended Description by Project Activity No. 519-0436 “DEMOCRATIC CONSOLIDATION AND GOVERNANCE PROJECT” RULE OF LAW AREA Rule of Law activities helped to achieve two Intermediate Results: IR4 “Improved Court Case Preparation and Management”, and IR5 “Increased use of the Justice System. This component sought to improve the rule of law in El Salvador through the following areas of intervention: First, it supported criminal reforms through specialized training and technical assistance to justice sector institutions in rules of evidence, oral advocacy and plea bargaining and promotion on modern teaching and learning of clinical methodologies in universities. Second, it promoted access to justice through Alternative Dispute Resolution (ADR) mechanisms, particularly mediation and arbitration. Third, it also promoted economic governance by helping improve draft reforms to the civil and commercial procedures law, and by working with the Judicial Training School of the National Council for the Judiciary to develop courses in this area. Finally, it assisted the National Civilian Police (Policía Nacional Civil-PNC) to expand community policing, strengthen and expand emergency 911 system, finalize a national case track management system; and provide a joint police-prosecutor training program to enhance their criminal investigative and evidence collection skills (under special authorization by U.S. Congress). Main interventions under this program were implemented through contracts with Chemonics International (1998 – 2000); DPK Consulting (2000 – 2003); and with National Center for State Courts with a sub-contract to DPK Consulting (2004 – 2005). 1. RULE OF LAW STRENGHTENING. 1.1 1998 – 2000 From September 15, 1998, to June 30, 2000, a contract was carried out by Chemonics International, Inc. under Contract # AEP-I-804-96-90030-00 TO # 804, to strengthen Rule of Law. Main counterpart for this activity was the Technical Executive Unit (UTE) of the Justice Sector. Activities included: 1) Popular legal education training, interinstitutional coordination, and strategic development; 2) Improving information dissemination policy, practices, and operator skills in the justice sector; 3) Design and development of court annexed alternative dispute resolution (ADR) services; and 4) Technical support for justice plans and contract management. The total contract awarded was $1,304,151. 1 Achievements included: ƒ Popular legal education training focusing on media intervention. The first legal education campaign was implemented by Government institutions and non-Governmental organizations. ƒ A program was designed to improve media understanding of criminal justice reforms. A total of 767 justice sector operators and media participated in training activities to improve media techniques and information strategies. ƒ The first intervention of USAID in the establishment and use of ADR in El Salvador was approached through this project. A focus was made in court annexed conciliation and mediation. A preliminary assessment of ADR in El Salvador was performed. An ADR training module was developed with the Judicial Training School of the National Judiciary Council (CNJ), and training was provided in ADR mechanisms to justice sector operators mainly in conciliation and mediation. A multidisciplinary group of 50 mediators which included judges, social workers, educators, and psychologists was also trained to mediate court referred cases. ƒ Technical assistance, training and equipment were provided to strengthen Technical Executive Unit (UTE) and the Justice Sector Coordinator Commission. Support was provided for the development of technical studies, publications, manuals, and other legal education material. The creation of a web page for the UTE was designed (www.ute.gob.sv). 1.2 Proyecto para el Apoyo del Sistema de Justicia - PAS (2000 – 2003). From June 30, 2000, to October 30, 2003, the “Proyecto para el Apoyo del Sistema de Justicia” or “PAS Project,” carried out by DPK Consulting under Contracts # 519-C-00-00-00059-00, and 519- C-00-01-00154-00 worked to improve the criminal justice system and citizen access to justice in El Salvador. Those three years were marked with many achievements, some easily verifiable through tangible results and statistical proof while others verifiable through anecdotal evidence and success stories. These achievements include improving criminal trial practice, succeeding in establishing momentum with the lower echelons of justice sector institutions for code reform, seeing the realization of mediation as a viable alternative mechanism to resolve disputes, and improving law school education. The total contract awarded was $3,196,785. The Project was organized into four main sub-activities (although there was an additional one for window of opportunities): A) Greater Understanding of Roles and Improved Performance of Responsibilities under the new Criminal Procedure Codes. The new Criminal Procedures Codes went into effect in April 1998. When the Project began, the Judicial Training School (ECJ), supported by USAID, had already undertaken training efforts reflecting the content of the new Criminal Procedure Codes. However, trial practice by justice sector operators was riddled with very basic deficiencies, and police and prosecutor investigative practices were also in need of improvement, especially in the protection and collection of evidence from the crime scene. Training over the life of the Project covered nearly every aspect of the criminal justice process, from training geared towards improving the performance of police and prosecutors at the crime scene to training designed to improve the technical competence of justice sector operators during the criminal trial. Specifically, training courses included those in Theory of the Crime, Evidence Law, 2 Trial Advocacy Skills, Crime Scene Management, and Criminal Investigation. At the end of the project, although there was still substantial room for improvement, the progress made by the justice sector institutions was irrefutable. The most basic trial advocacy skills were being implemented; and direct examinations and cross-examinations, although flawed, were a reality. Technical Assistance consisted of prosecutor and judge mentor programs, efforts in working with counterparts to promote code reform (focusing especially on rules of evidence), assistance to promote greater use of plea bargaining, and the publication of a book on the Salvadoran criminal justice system and trial advocacy skills. Specifically, the project worked closely with representatives from the Attorney General’s Office (AGO)1 to produce a comprehensive draft of changes to the Criminal Procedure Code. This was later followed by the publication of a book entitled “Trial Advocacy Skills in the Salvadoran Criminal Justice System,” the first book of its kind in all of Latin America. The Project and counterparts also saw advances as a result of the execution of the prosecutor and judge mentor programs. In the case of the prosecutor mentor program, advances were more common in those offices where supervisory prosecutors accepted recommendations of the Project consultant and provided follow-up. For instance, the conviction rate in the AGO office in Santa Ana – where the head prosecutor is progressive and dynamic - increased 15% after the implementation of the prosecutor mentor program in that office. The biggest gain of the judge mentor program was crystallizing the need for communication within the judiciary. B) Greater Public Confidence in the Judicial Operators to Effectively Implement the New Criminal and Criminal Procedure Codes. Initially, the Project hoped to assist counterparts in improving public confidence through activities directed towards the citizenry as a whole. After some adjustments to the scope of work, discussed with and approved by USAID, the Project prioritized its activities in this component to address a key actor for the credibility of the criminal process as a whole, the Attorney General’s Office (AGO). The Project funded the modernization of two waiting rooms in regional offices of the AGO in addition to other USAID funded efforts to equip and furnish its central offices after the 2001 earthquake. The project also helped modernize the AGO’s computer system in order to facilitate the later connection of a digital network among its regional offices. Enhanced information technology support was expected to improve the overall functioning of the AGO and thus, improve public confidence in the institution. C) Successful Establishment of Rural Legal Centers to Improve Access to Justice in Selected Sites. In spite of previous USAID efforts, when the project started, the concept of mediation had very little visibility in El Salvador. In three years, the use and visibility of mediation grew substantially. At the end of the program, seven Casas de Justicia and Centros de Mediación dotted the Salvadoran landscape, six of which were the direct result of Project efforts. Since their respective inceptions, the three Casas de Justicia (developed with municipal government counterparts) and Centros de Mediación (developed with the Public Defender’s Office - PGR) had carried out 736 mediations and had provided legal assistance in 1,587 cases. Most significantly, as studies show that approximately five persons are affected by 1 Reffered in Spanish as Fiscalía General de la República (FGR). 3 each mediation, it was expected that thousands would be impacted. By the end of the Project all six mediation centers were totally funded by the project’s counterparts. In view of the preliminary results of the first three PGR centers, towards the end of the project, the PGR signed an agreement with USAID to expand mediation services to other regional offices throughout the country. D) Strengthening of Selected Law Schools. El Salvador boasts nineteen law schools and approximately 16,500 law students. As part of this component, the project sought to improve the quality of education provided to these law students and thus, the quality of graduates produced. It set about this goal with the intent of introducing legal clinics and the clinical methodology. At the end of the project six of the ten largest law schools had legal clinics, four of which were the direct result of project efforts with counterparts. In these four law schools, geographically distributed throughout the country, 831 law students had been exposed to the clinical methodology. Moreover, the clinical methodology had been incorporated in varying degrees into law school curricula and a new generation of law students were about to be exposed to the mechanics of oral advocacy through Project training. 1.3 Justice Project – ProJusticia (2004 – 2005). The Justice Project USAID/El Salvador (ProJusticia) was initiated on March 1, 2004, carried out by National Center for State Courts/DPK Consulting, under the contract Nº. AEP-1-00-00-00011-00 TO # 808. Its original execution period was from March 1, 2004 – June 30, 2005. The project period was extended from July 1 – August 31, 2005. The proposed project goals were designed to give continuity to activities developed under previous USAID efforts and to integrate innovative and socialized activities and strategies to address implementation challenges. The total contract awarded was $2,843,248. The project components worked on were: A) Greater Consolidation of Criminal Law Reforms. Main activities and its results included: o Updating and institutionalization of the ECJ Training Programs: in order to offer public courses to which the legal community of the country could be invited (including Evidential law; Criminal Procedure Law; Criminal Law; and Commercial Law and Civil Procedure); o Continue work of AGO Mentor Program and launch PGR Public Defense Program: which was done through technical assistance provided by international consultants; o Promotion of Code Reform to Incorporate Rules of Evidence: the implementation of criminal procedural and code reform with oral trials has required a focus on rules for admission and evaluation of evidence. Work was conducted on drafting reforms to the Criminal Procedure Code to incorporate new evidential regulations. A drafting commission was formed. The draft code incorporated inputs contributed by similar, previous initiatives (PAS Project). The drafting commission made several presentations before the Plenary of the Criminal Chamber of the Supreme Court of Justice, the Justice Sector Coordinating Commission, and the AGO regional and sub-regional heads. The proposed draft law of inclusion of the rules of evidence creates standardized procedures so that the judges and courts may decide on the admission or exclusion of evidence. The 4 rules establish norms for the presentation, rejection, admission, evaluation and sufficiency of the means of evidence presented by the parties in a judicial process. The legislative draft law for the reforms to the Criminal Procedures Code in evidential matter was prepared between March of 2004 and March of 2005. Unfortunately there was not an opportunity to discuss the thematic contents of the legislative proposal with the justice operators or with the general society. This lack of consultation brought a sense of mistrust of the operators toward the legislative law draft as they felt that legislation threatened judicial independence. Wide national debate is still needed to analyze the evidential problems and the proposed solutions; o Support Legal Clinics: the project provided direct technical assistance, in order that the law schools, in a participatory way, may identify the needs to reformulate the general study plan and its academic programs with the implementation of the clinic courses. The four schools with clinics (Universidad Francisco Gavidia – UFG; Universidad Tecnológica – UTEC; Universidad de Oriente – UNIVO; and Universidad Católica de Occidente - UNICO) received technical assistance during the PAS project in different clinical methodology tools, such as oral and interview techniques, and case handling. Technical assistance was also provided in order to develop a manual for clinic education instructions to guide the new legal clinics and to elaborate support materials, training in orality techniques, interview techniques, case handling and their follow-up. B) Promote the Development of Alternative Dispute Resolution (ADR) Mechanisms. At the end of the program a total of 26 Mediation Centers had been established: fifteen Mediation Centers of the Public Defender’s Office (PGR); two Mobile Mediation Units; three Mixed Mediation Centers (PGR/Municipalities); and six Municipal Mediation Centers were operating, which is considered one of the major outputs of the program. To support the strengthening of the centers’ administrative area, several workshops were carried out for the PGR to prepare the “National Development Plan.” It included the elaboration of the Strategic Plan, the Annual Operative Plan, and the Feasibility and Sustainability Plan. Another activity was the inclusion in the municipal contravention draft law of a clause in which the option of mediation is given previous to any other procedure by the municipalities; however, this proposed law draft did not prosper in the Legislative Assembly. Work was carried out to train national trainers, who will continue training other mediators in different regions of the country. National and international consultants were used so that trainers could learn the techniques and methods which they can later on replicate as trainers. Within the strategy of promotion of ADR mechanisms in commercial matters, technical support and training was provided to the Mediation and Arbitration Center of the Chamber of Commerce and Industry of El Salvador. C) Promote Economic Governance Initiatives. Although reform efforts were focused on consolidating the criminal reform process, a review of the legislation and of the justice sector in the civil and commercial area was begun. This reform process is essential for the inclusion El Salvador in the new world economic order, which demands transparent and efficient judicial systems. USAID provided support to the Civil Chamber of the Supreme Court of Justice to revise and readapt the Civil and Commercial Procedures Code, with the objective of modernizing the legislation and the 5 justice administration in civil and commercial matters. One of the main characteristic of this draft law is the introduction of oral procedures and rules of evidence. D) Windows of Opportunity: Need for Special Programs. During the development of the project, there were various windows of opportunities that were taken advantage of and supported by the project. They included: investigation and observational tours in civil and commercial matters, ADR, and legal clinical methodologies; editing and production of formative and training videos on “preliminary hearing”, “competences in oral advocacy” and mediation tools; among others. 2. Joint Training of National Civilian Police and the Attorney General’s Office. The first interventions in this area were done between the years 2000 and 2003 as part of contracts with DPK # 519-C-00-00-00059-00 and 519-C-00-01-00154-00; main achievements are described as part of component 1 “Greater Understanding of Roles and Improved Performance of Responsibilities under the new Criminal Procedure Code” in literal 2 of this annex. The amount invested under these two contracts for these activities was $650,000. In order to continue providing support in this area, a new contract was signed with DPK in 2003 with the purpose of carrying out training activities for police and prosecutors. The total amount awarded under this contract (No. 519-C-00-04-00014-00) was $500,000. This project started its activities on November 2003 in the Central Offices of the National Civilian Police. Its main purpose was to contribute to increase the knowledge of police officers and prosecutors in the criminal process through the development of training courses in judicial, technical, and scientific matters. The project was organized to accomplish the following training courses and/or activities: A) Courses on Crime Scene Management. These courses contributed significantly to improve coordination among the institutions involved in the crime investigation. One of the major achievements in the development of the courses offered under the project was the addition of participants from specialized units of the police (DECO/Elite Division against Organized Crime-Control, Legal, Civil Riots) and the staff of teachers at the National Academy of Public Security. B) Courses on Chain of Custody. Two seminars were organized for regional and sub regional prosecutors and police heads to present the Operational Manual for the Chain of Custody and the training plan for this course. The seminars sought the opinions of the participants regarding areas that they considered important to include in the courses and to get their support in the development of such courses. The experience was productive. Police and prosecutor personnel attendance was high, which resulted in greater participation of specialized units of both institutions. C) Courses on Criminal Investigation. The criminal investigation courses were implemented in the five country regions between June 7 and July 7, 2004. Ninety percent of the participants attending the training took the Crime Scene Management Course, which contributed to the success of the courses because 6 the participants already knew the methodology of the previous course and they participated actively in its development. One positive aspect of the broad participation in the course is the positive relationship that was developed among the participants during the two weeks, which contributed to improve the coordination between both institutions during their daily work. D) Forensic Techniques Course for Trainers. From May 2 to 8, 2004, a study tour to San José Costa Rica was taken by the PNC and AGO trainers. Twenty (20) police officers and 15 public prosecutors participated in the tour. The course was developed at the INECCRIF (American Euro Institute of Criminality and Forensic Sciences) in the Latina University (U Latina) facilities in San José. The trip was successful as the trainers had the opportunity to increase their knowledge in specific areas related to criminal investigation, scientific reasoning, ballistics, forensic medicine, and chain of custody. The supporting material delivered during the course served to complement the courses about criminal investigation and chain of custody. That material will continue to serve as reference for the participants in the future. E) Intensive Specialized Training for Regional Coordinators. Two study tours to Puerto Rico were conducted to observe the oral accusatory system. The regional and sub regional heads of the AGO and PNC went on this observational trip. The program’s goal was to observe how crime investigation is carried out in an accusatory system that has been functioning for a significant period of time and is conducted in Spanish. During the trip emphasis was made in the inter institutional coordination and organization of the institutions to guarantee an effective work in the crime investigation; visits were made to the Puerto Rican Police, Investigation Units, Forensic Science Institute, the Prosecutor’s Office, and the Judicial Center. The study tour was productive for the participants as they could observe the accusatory system in action and exchange ideas with Puerto Rican prosecutors and policemen. The tour contributed to improve relationships between the police chiefs and prosecutors, one of the main objectives of this activity. F) Course on Sexual Crime. Two of the main issues in El Salvador’s justice system are intra-familiar violence and sexual crimes. The course was offered to prosecutors and investigating personnel that work nationwide in this specialized area, as well as the trainers involved with the Crime Scene training courses which allowed them to share the content of the course in their own institutions. The participation of investigators and prosecutors from every region allowed for participants to share knowledge regarding how this type of crimes are investigated, current regional differences regarding the value of evidence and judicial resolutions in this kind of cases. G) Course on Criminal Investigation with emphasis on gang-related crimes. During the last years, El Salvador experienced an increase in crimes committed by gangs that operate nationwide; most of all homicides, robberies, theft, and sexual assault. This made the government of El Salvador and justice system institutions use all possible means to fight this kind of organizations. As a result, the “Plan Super Mano Dura” was put into effect. It included reforms to Criminal and Criminal Procedure Codes, as well as prevention efforts 7 and policies to fight gang violence. The project contributed to the increased enforcement and prosecution process through the development of a training course on criminal investigations in gang related crimes. The course was based on the following topics: the historical background of gangs; gang types, characteristics and organization; the gang situation in El Salvador; and intervention strategies, legislation, and inter institutional coordination. Investigators and prosecutors knowledgeable of gang crimes and training personnel participated in the courses. 3. Community Policing (ICITAP’S PIP-COM Program support). In 1992, after a lengthy civil war, the Peace Accords that were signed by all combatants established a framework for a democratic society under the rule of law. The Accords called for the creation of a National Civilian Police (PNC) initially composed of 20% ex-FMLN (Farabundo Marti National Liberation Front), 20% ex-armed forces and 60% new recruits. Initial support by the Department of Justice's International Criminal Investigative Training Assistance Program (ICITAP) focused on PNC organizational strengthening, investigative training, the creation of a Police Academy and curriculum development, and the establishment of a police laboratory and forensics training. In this post-conflict situation crime began to escalate rapidly. Homicides, violent crimes and kidnapping for profit were a growing concern. Salvadorans began to express their outrage that the police could not provide adequate security. Given this situation, U.S. Government assistance placed more emphasis on teaching the PNC how to better combat crime. In March 1999, after a detailed evaluation of police training and methods in El Salvador, the PNC with support from ICITAP initiated a proactive, flexible community-oriented patrol strategy in the city of Mejicanos, an area of 240,000 residents. This methodology focused on using modern, internationally accepted police patrol methods, and deployed police officers based on crime data analysis with the flexibility to adjust to changing crime patterns. This community-policing program, commonly referred to as the PIP-COM program, had an immediate positive affect. Based on this success, the PNC quickly expanded this program to the greater San Salvador metropolitan area during 1999 and 2000. USAID assistance was focused on bolstering the effectiveness of the PIP-COM program by providing the PNC with the tools they needed. Inadequate communications, basic patrol transportation and access to crime related information had all been major obstacles to combating crime. With the funding made available under project 519-0436, USAID/El Salvador provided much needed portable police radios and bicycles to support these activities in hard to reach communities. Assistance was also provided to modernize the PNC's records systems and case-tracking system. This allowed fundamental access to basic records such as court orders, outstanding warrants, stolen property and criminal histories. Up to then, these basic policing tools had not been available to police officers in El Salvador. Funds assigned for these activities were $2,450,000. 4. Inter-Agency Agreement with the Department of State (PAO). USAID and the Department of State signed an Inter-Agency Agreement (IAA) under Activity 519- 0436.02, Ref. #519-0436-632B-USIS, in order to provide funding to carry out the following 8 activities: 1) Specialized International Visitors (IV) programs; 2) professional/academic exchanges; 3) observational visits; 4) Fulbright scholars’ researches; 5) voluntary visitors; and 6) grants. All of these programs in support of the Legal/Judicial Protection activities. Counterpart for this activity was the Public Affair’s Office (PAO) of the American Embassy in El Salvador. A total of $1,070,000 was assigned for this activities. Some of the specific programs carried out under the IAA included: ƒ International Visitors (IV) Program: o “American Council of Young Political Leaders (ACYPL) Program.” 49 Salvadoran community and political leaders went to the United States to observe the U.S. Political Process – from the Federal to the municipal level - and citizen participation in the political process and in community activities. o Six Salvadoran officials went to San Juan, Puerto Rico and to Washington, D.C. to study and observe how the Puerto Ricans and Federal governments have developed and implemented codes of ethics o The Local Committees for Crime Prevention from Cojutepeque and Sonsonate visited San José, California to observe and learn about the San José model of community crime prevention through citizen participation. o A group of 7 Salvadoran experts went to the US for three weeks and visited mayor cities with successful anti-gang and youth protection program models which can be applied to El Salvador. ƒ U.S speakers came to deliver seminars, workshops and/or trainings on the following subjects: community crime prevention, gangs, sexual crimes investigations, forensic studies/ facial reconstructions over skeleton remains, ethics and human rights. ƒ Three Fulbright Scholars in the field of “Legal Education” came through the IAA. Host institutions were the University of El Salvador (UES), the Central American University “Dr. José Simeón Cañas” (UCA) and the Universidad Tecnológica (UTEC). ƒ Grants were provided to the justice sector related institutions and NGO’s for the implementation of activities that furthered democracy objectives. Grants were provided to the following institutions: 1) Supreme Electoral Tribunal (TSE); 2) Human Rights Institute of the UCA (IDHUCA); 3) the National Association of Forensic Studies (ACFES); 4) PROBIDAD, a transparency NGO; 5) National Judiciary Council (CNJ); 6) Public Defender’s Office (PGR); 7) National University of El Salvador (UES); 8) Gerardo Barrios University (UGB); and 9) National Council for Public Security (CNSP). ƒ Through the three grants provided to the CNSP, the following activities were carried out: o A study was conducted in the influence of gangs in schools. The study included six schools all of them in high risk communities, in which the CNSP has been working in crime prevention programs with the European Union’s pro-jóvenes program. o A training (diplomado) in prevention of violence was carried out, 35 people consisting of community leaders and school officials were trained in prevention of violence and how to approach youth at risk. These persons are currently working with the CNSP in the crime 9 prevention programs in the schools and in the sport complexes of various high risk communities. o A training (diplomado) in Fundraising was carried out. This activity focused on bringing closer high risk communities to the private sector and vice-versa, with the objective of working on the development and improvement of those communities. The communities the CNSP works with are high risk, often plagued by gangs and crime. The crime levels not only affect the people living in these areas, but also affect those private sector companies located in those high risk zones. This activity has opened up an opportunity for the communities to work together with the private sector in order to improve their communities, to improve public spaces, therefore reducing crime in those areas. The CNSP plans to continue this activity. 10 ANNEX 5 SUMMARY OF PROGRAMS AND ACTIVITIES IMPLEMENTED UNDER THE SO Extended Description by Project Activity No. 519-0436 “DEMOCRATIC CONSOLIDATION AND GOVERNANCE PROJECT” CITIZEN PARTICIPATION & GOVERNANCE AREA Citizen Participation and Governance activities helped to achieve two Intermediate Results: IR1 “More Politically Active Advocacy Organizations.” This component supported greater citizen participation in decision-making processes by promoting civil society advocacy and oversight, transparency initiatives and legislative strengthening. Creative Associates International, Inc. (CREA), under C.A. No. 519-A-00-00-00041-00, was the grantee with a sub-contract with the University of Texas for the legislative strengthening program. The initial cooperative agreement with USAID was to conclude after two and a half years, by September 2002, but when USAID/El Salvador’s overall mission strategy was extended following the 2001 earthquakes, the CREA project was also extended for a total of five years. The total cooperative agreement awarded was $7,933,474 with a cost share by CREA of $809,496. The Project was organized into four main components: A) Civil Society Advocacy. The Civil Society component of the project was designed to provide financial support, training, and technical assistance to Civil Society Organizations (CSOs) interested in implementing advocacy projects on a regional or national level. The activities in this component focused on selecting proposals to award sub-grants, monitoring and evaluating the sub-grants during the implementation of the project, and building capacity in the selected CSOs by providing training and technical assistance, including written materials in advocacy and institutional strengthening related issues. The impact of the project can be measure at three levels: o Impact on national Policies and Regulations. During the course of the project, two of the national-level proposals were adopted by the respective decision-makers, one a series of measures to modernize and create greater transparency in the Attorney General’s office and the other a group of legal reforms passed in the Legislative Assembly that improves the ability of single parents to claim child support from the non-custodial parent. o Impact on Municipal Policies. Advocacy in the municipal arena en El Salvador has a greater possibility for success than that on a national level. This is reflected in the fact that all of the five counterpart projects that sought changes to municipal ordinances were highly successful. In each case, the ordinances were created within a participatory 1 process facilitated by the organization with local citizens, municipal council members, and local representatives of national government entities. o Impact on Organizations. The project created a skills index for advocacy and one for institutional strengthening that would measure the initial skills level and strength of counterparts. Most organizations approximated, met or exceeded their target scores in advocacy skills; the most consistent advances across the board were in planning and systematizing the experience, primarily because these elements were a required part of very project and thus unavoidable. Other clear advances were seen in lobbying, media, alliances and work with constituencies, although these tended to vary among groups, as did the expectations; most organizations either met or came close to meeting the target goals set out for institutional strengthening the board, organizations consistently advanced in financial matters and external relationships. Advances in fundraising, strategic vision, and leadership in the first-cycle projects and in sustainability for second cycle projects were more difficult to attain, although clear advances were achieved in each organization, primarily in gender training, strategic planning and sustainability planning. Most of the projects included significant components of education, consultation and social mobilization. Using participatory methodologies, the counterpart organizations brought people to the table to express their opinions about possible solutions. In most projects, the proposals were consulted with the citizens directly affected by the problem in order to assure that the proposal was well grounded in real needs and that solutions were viable. Proposals were frequently added to or changed as a result of the consultation process. B) Legislative Assembly. The Public Participation in the Legislative Process Program (Participation Program) implemented by the University of Texas in Austin (UT) under subcontract #271/2000 with Creative Associates International, Inc. was designed to be compatible with the citizen participation components of the Modernization Plan of the Legislative Assembly of El Salvador. This program component was organized in two main activities: o Establishment and Institutionalization of the Legislative Support Unit. The primary objectives of this unit are to strengthen relationships between the people and their representatives and to promote effective public participation in the legislative process. The Unit is in charge of the following areas: 1) Civic Education Program: to provide civic education about the Assembly and the way laws are made through specific programs aimed at schools and various population groups. The programs are complemented by educational materials like books, videos, pamphlets, etc; 2) Public Participation: The objective of this area is to promote and facilitate more public participation in the development of public policy through the organization of consultative forums, seminars, public hearings, community meetings, and special events solicited by the Assembly Governing Board or work commissions; 3) Technical Support to departmental offices: This area gives technical assistance to departmental offices for the planning and implementation of their activities, allowing Assembly representatives of each department to be better liaisons with the Assembly in San Salvador. Opening departmental offices has created a closer relationship between the population and the 2 Assembly, contributed to decentralizing legislative work, and helped to spread information about how the Assembly operates.; 4) Public Hotline: The objective of this area is to provide the public with a direct link to their Assembly representatives and to respond efficiently to their requests for information and assistance. The hotline helps provide accurate and timely information about the state of legislation, future activities, legislative projects, and programs; 5) Legislative Intern Program (LIP): This program grew out of the need to establish a link between the Assembly and the intellectual community in order to help representatives and technical advisers from the legislative commissions conduct research in areas of national interest. The LSU planned the LIP directly and was instrumental in its creation. o Creation of the Constituent Services Office. The Assembly has now concluded the project of establishing its Constituent Services Office. The new office is a shining example of unique, specialized, and comprehensive public administration service to citizens. It emphasizes transparency and legislative accountability and seeks to promote the highest values and a culture of democratic participation in El Salvador. Citizens will be able to have access to documents about the Assembly, such as: plenary session agendas and work commission agendas; announcements about legislative activities; legislative initiatives and bills that are before Congress; work commission findings and resolutions; legislative decrees; documents in the archive and legislative library; general information on the make up, representation, and proportionality of the legislatures, political parties, and administrative organization of the Assembly, among other things. C) Electoral Reform. This sub-activity was developed under CREA’s C.A. but with funds from Project No. 519- 0391 “Democratic and Electoral Processes”, please refer to Chapter III, Numeral 3, in the core document, for a summary of activities and results. D) Transparency. The project spanned a number of areas that sought to encourage a deeper commitment to norms of transparency and accountability by government institutions, while also developing the capacity of civil society organizations, at the local and national level, to play a key role in this regard. Main interventions are depicted as follows: o Social Auditing. In the development of this project, CREA established and coordinated a partnership with the Research Triangle Institute (RTI) and the Foundation for Municipal Development (FUNDAMUNI). Both are organizations sponsored by USAID/El Salvador that promote citizen participation and institutional strengthening in local government. The team and its facilitators were the force behind the social auditing project in nine municipalities. In the nine municipalities where social auditing took place, the following impact was achieved: 1) a team of facilitators from the RTI and FUNDAMUNI partnership was trained to provide accompaniment and practical assistance to the Citizen Auditing Commissions (CCC); 2) key actors in local government were trained and sensitized about social auditing as a mechanism for preventing corruption. These include mayors, council members, and representative leaders of local development committees, community associations and boards, and a micro-region made up of five municipalities; 3 3) a process of negotiation and open dialogue was generated during the review process, and a municipal ordinance for social auditing was passed in each of the participating municipalities; and 4) the approval of the ordinance responded to concerns expressed by the municipal councils and local leaders by institutionalizing the social auditing mission and making sure it didn’t disappear with a change of administration. o Access to Information. In El Salvador, there is currently no legislation to expand the responsibilities of the municipalities in terms of access to, and provision of, public information to citizens. With this Access to Municipal Information project, three municipalities in the country began a process of discussion and learning in order to reach consensus on, approve, and apply local ordinances for transparency and access to information. All three municipalities approved their ordinances in open town meetings in front of the representatives of civic organizations, development committees, community assemblies and NGOs. o Code of Ethics. In June 2001, two consultants were contracted to support the work of the government rapporteur; and important progress was made in the comparative legal research needed to advance in this project and a colloquium with leading legal specialists was held. This report was well-received and widely disseminated among Salvadoran government officials and civil society actors. The governmental counterpart for this effort was the National Commission on Sustainable Development (CNDS). In addition, more funds for this purpose were made available in response to the April 14, 2000, Agreement for Anti-Corruption Cooperation between the Department of State and the Government of El Salvador (GOES). The State Department, through the Bureau of International Narcotics and Law Enforcement allocated $350,000 for 1) the development of one or more codes of ethical conduct for the GOES, and 2) the establishment of an Office of Government Ethics within the GOES. With the signing of the Ethics Code cooperative agreement, the costs of the two CNDS consultants as well as that of the government rapporteur, along with all other costs related to this issue, were paid for through this new agreement. Although there was some discussion about the possibility of drafting a code that would be applicable to all government officials, in the end the work was oriented exclusively toward the executive branch. Further efforts were made throughout 2002-2004 to dialogue with the government about the set-up of a government ethics office. A draft law was sent by the Court of Accounts, later designated by the Presidency as to whether the office should be located within the Legislative Assembly, but did not get out of the review committee. The installation of an anti-corruption office was also part of current President Antonio Saca’s original campaign platform. At the end of the year 2005, the Government of El Salvador finally approved a new Ethics Code for the executive branch, paving the way for increased accountability of public servants and reduced corruption. Nevertheless, as the project closed (April 2005), and with no further steps by the government on the immediate horizon at that time, USAID decided to distribute the equipment originally purchased for the ethics office to the office of the Attorney General as well as the Office of the Presidential Commissioner for the Defense of the Consumer. 4 o Civil Society Projects. During the second half of the project, beginning in 2003, CREA began to solicit proposals from civil society organizations to work specifically on transparency-related matters. While some of these were advocacy initiatives, in general they could include a wider range of activities, including studies and education, due to the limited role civil society had hitherto played in promoting transparency in the country. The projects and CSO’s assisted were: 1) Fundación Siglo XXI: this project provided education and disseminated information about the structure, allocation and budget performance of the autonomous road fund-- the Fondo de Conservación Vial (FOVIAL); 2) FESPAD: In this project, “Observation, Study, Debate and Strengthening of the Judicial System in El Salvador,” FESPAD set out three goals: first, to determine and demonstrate the degree of internal democratization in the administration of justice; second, enquire into the status of access to justice in geographic, economic and educational terms, along with generally demonstrating the level of efficiency –an indicator of external democratization -- in three specific areas of the law: labor, family and criminal; and finally, to inform the public and the legal community about the background, content and dimensions of the Judicial Branch Modernization Project, being implemented by the judiciary; 3) APES: “Project for Transparency and the Right to Public Information” sought to sensitize journalists, public opinion leaders, social movement leaders, and politicians in the country – and by extension, civil society – about the importance of demanding transparency and an effective right to public information, in order to strengthen democracy in El Salvador; 4) FUMA: This project sought to improve the quality of citizen participation and social auditing in the community consultation groups of the Basic Integrated Health Systems (Sistema Básico de Salud Integral- SIBASI) in Sonsonate in order to improve civic engagement in the principal decisions regarding health in 16 municipalities in this department; 5) PROBIDAD: This organization’s first project, “Education on the Budget and Government Purchasing to Prevent and Control Corruption,” sought to produce guides that would provide knowledge of certain areas of government administration, In its second project, “Transparent Websites in Central Government Institutions,” Probidad sought to promote the use of the Internet as a platform for transparency in central government institutions in El Salvador; and 6) IUDOP: although several institutions have done work on transparency, efforts specifically aimed at evaluating the public’s opinion on these issues have been few and unsystematic. To fill this gap, two studies were planned. The first study involved a nationwide survey, representative of the Salvadoran population, to collect data on public opinion and perceptions of corruption in government institutions and among their officials, primarily in the judicial area. The second study dealt with the opinion and self-perception of the Salvadoran private enterprise sector with regard to corruption. This study attempted to delve into the group self perception of the business sector as a private agent for service provision and in its relationship with the State. 5 ANNEX 6 SUMMARY OF PROGRAMS AND ACTIVITIES IMPLEMENTED UNDER THE SO Extended Description by Project Activity No. 519-0436 “DEMOCRATIC CONSOLIDATION AND GOVERNANCE PROJECT” LOCAL GOVERNMENT AREA Local Government activities helped to achieve IR3 “Strengthened Local Government”. This component targeted selected municipalities to improve their transparent management of public resources, increase their ability to provide basic services to their communities, and to provide technical assistance in designing and implementing strategic plans with citizen participation. Policy dialogue was also supported to help clarify municipal roles and responsibilities regarding decentralization of additional public services, as well as the design and implementation of a National System of Transparency for Local Governments. Prime implementers were Research Triangle Institute (RTI) and the Salvadoran National Mayors Association (COMURES) and its counterpart of selected municipalities. 1. Democratic Local Governance Activity - DLGA (2002 – 2005). This activity was managed under Contract No. 519-C-00-03-00013-00 with RTI International, from November 2002 to February 2005, and the main objectives were to strengthen the participation of Salvadorans in the democratic processes at local level and also to strengthen the administrative and financial capabilities of the municipalities in order to meet the demands of the population in a timely and satisfactory manner. Total amount awarded for the contract was $3,800,000. The project was organized to accomplish the following activities: A) Dialog Encouragement for Local Development. o Conferences. Even though the political conditions for opening broad debates on sensitive topics were very restrictive during the greater part of the time of the project, it was possible to convene de following conferences, with the participation of international experts: 1) “The Present Decentralization Situation in Latin America”; 2) “Methodologies for Local Economic Development”; 3) “Decentralization Strategies of the Potable Water and Sewer Systems in El Salvador; and 4) “Execution of a Local Development Agenda.” o Applied Studies and Research. The project carried out the following applied investigations: 1) Technical proposal regarding the feasibility of introducing a securitization mechanism to back the municipal bonds; 2) Proposal to reconsider the establishment of the property tax in El Salvador; and 3) Technical proposal on the 1 design of a Web portal for local development in El Salvador. Additionally, a base document was prepared jointly with the stock exchange authorities to define the conditions under which the municipalities would be able to issue municipal bonds. o Increased availability of and access to information. The programming for this activity included designing and implementing: 1) a local development portal web; and 2) a series of indicators on municipal management regarding administration, finances, and service rendering activities. Both activities were successfully designed and implemented. B) Rendering of Technical Services for the Municipalities. o Citizen Participation Component. Including: 1) Preparation of the Participatory Strategic Plan (PEP) in the selected municipalities under the program. All of the participating municipalities prepared, concluded and approve their long term strategic plans in participatory manner; 2) Create participatory instances for the Strategic Plan’s management and control. It was encourage the establishment of a Local Development Committee (CDL) in each participating municipality and, by the end of the project, 24 CDLs (out of 28 targeted municipalities) were establish and operating; 3) Promotion and implementation of transparency mechanisms which included the organization and implementation of municipal budget accounts rendering meetings, open council meetings, communications plans and the establishment of social audit committees to follow-up the execution of them most relevant municipal investment projects. o Administration and Finance Component. Activities included: 1) Municipality’s organization restructure which allowed, among other results, a better definition of the roles and functions that generate contracts and/or relocation of key personnel; 2) Systems improvement for personal and property assets administration which allowed the establishment of an automated model guide for the registration and valuation of public and private properties and constructions; and 3) Financial resource administration systems improvement. At the end of the project, 20 municipalities have formally established the governmental accounting system (SAFI). C) Rendering of Technical Services to Service Companies. o Assistance to Potable Water and Sanitation Companies. Main activities included: 1) Preparation of an administrative and financial diagnosis of the assisted companies; 2) Preparation, updating and training on the automated invoicing system (SASA) which was duly installed and operating in 12 water companies assisted by the project; and 3) Implementation of double entry accounting systems. These activities allowed increasing the coverage and quality of the services and rapid attention to users’ complaints. o Assistance to Solid Waste Management Companies. The main achievements were: 1) initiation of the construction of the two micro-regional sanitary landfills; 2) Municipalities have detailed knowledge of the financing of services rendering – 2 particularly on the hygiene services; and 3) preparation of the sanitary landfill design of the MIPANOR (Micro Región Paracentral Norte) and MICUSAM (Micro Región Cuscatlán-San Martín), which serve 20 municipalities. C) Development of Experimental Prototypes. o A web portal for Local Development. At the end of the project, a prepared visual prototype of the portal was ready. The establishment and operation of a technical office was achieved thanks to COMURES’ interest in coordinating the portal. It has been also established an editing committee, including important public and private institutions at the national level. http://www.desarrollolocal.com.sv o Municipal Management Performance Indicators. The main achievements at the end of the project were: 1) a series of indicators to measure local government performance had been designed for the administrative, financial, and basic services provision systems; 2) new indicators had been tested satisfactorily in the 28 municipalities assisted by the program; 3) the technical manuals have been prepared and validated for the correct application of this indicators; and 4) technicians from local NGOs and participating municipalities had been trained on the systems and procedures for applying these indicators in the municipalities. o Technological Improvements to SAFIMU II. Main activities included: 1) training technical operators in pilot municipalities regarding the comprehensive operation of the system, with the purpose of assuming maintenance and responsibility for the system, at least at the primary level; 2) training Ministry of Finance and Court of Accounts officers regarding the nature and capabilities of SAFIMU II; 3) design and integration of the set of SAFIMU II systems, to forma a system capable of identifying and registering urban and rural properties, registering construction built on these properties, and registering automatic valuation according to parameters; and 4) design and integration into the set of SAFIMU II systems the full remunerations payroll corresponding to the full strata of personnel in the municipality. o Strategy for Local Economic Development in a Model Municipality. The Municipality of Acajutla was selected based on established criteria and by the end of the project an economic development commission for the municipality had been established and legalized and it was composed of representatives of the municipality, from the productive sector, and the local community. A short-, medium-, and long term economic development strategy had been prepared and approved by the economic development commission. 2. COMURES Institutional Capacity Strengthening Project (2001 – 2005). At the end of 2001 USAID approved the project: “Strengthening the Institutional Capacity of COMURES” to be developed under Cooperative Agreement No. No. 519-A-00-01-00219-00, which had foreseen its implementation until September 2004, however, two consecutive extensions were approved and the project finalized in April 2005, estimating a total investment of US$ 1,600,000.00 3 of which, USAID contributed US$ 1,200,000 and COMURES provided a counterpart of $400,000. The general objective of the project was to: Strengthen the institutional capacity of COMURES to defend municipal interests and respond to the needs of its members trough providing support for studies, research, and proposals; municipal associability; and management and service capacity strengthening. The project was organized to accomplish activities that supported COMURES through the strengthening of its seven strategic: A) Strengthening of Municipal Autonomy and Legal Framework. The legal and judicial assistance that COMURES provides to 262 municipalities of the nation constitutes one of the major individual and collective demands, and has been one of the services supported by the project that has managed to have a great impact on the process of strengthening municipal autonomy and the administration of local governments. COMURES is in a process of clarification and permanent appeal of municipal matters, to do that requires a concatenated effort in defense of the rights of its members, and for which it has established strategic alliances with the instances tied to local development, strengthening their response capacity before municipalities and achieving greater credibility among its members. The association has strengthened its negotiation role before national and international sectors establishing leadership in topics of municipal interest, with a clear agenda to promote municipal autonomy within the appropriate legal framework. B) Strengthening of Municipal Finances. COMURES is an institution that is positioned as a negotiator of the financial strengthening of its members, not only because of the achievement of an increase of 1% in transfers from the GOES to the Municipalities, but also because of its negotiation for cooperation, support, and consultation projects to improve self income of the municipalities with the generation of proposal for new taxes, among other aspects. The association has installed capacity, technical tools, and trained personnel to propose the creation of modern tax instruments, reform to legislations, and counseling for municipalities to modernize their tax structures. The project generated an important scientific data base that is useful for the definition of actions oriented at improving financing conditions for local development. At the same time, as member of CONADEL the topic was placed on the agenda for political discussion. C) Decentralization. The practical processes stimulated from the local level by municipalities contribute to building a vision concerning decentralization before the lack of clarity of a national policy. The municipalities participating in the processes of decentralization have increased their technical, management, and financing capacities and have managed to take ownership of the transfer of technology individually and collectively. The proposal and experiences promoted by other actors are conceived as sectorial interpretations of the processes of decentralization and do not include the participation of the municipal governments, requiring a greater propositive capacity before changes in national and local administration. 4 D) Municipal Modernization. The municipalities are aware of the fact that the same dynamics of development demand the promotion of modernization in all processes of their administration as local governments, and as a result it is necessary to make use of tools that facilitate the process. At local government level through the USAID project contributions were made to the strengthening of management capacity above all in those items that allow it to broaden its development vision and that seek through the promotion of citizen participation in the planning processes to contribute to the democratization of the nation an of governability. With the advancement the topic has had, paradigms have been broken regarding the incapacity of local governments, since even with the limitation of the present modernization, it has been demonstrated and supported from the local level that with local development an important contribution is being made to national development. The alliances established at various levels allowed other areas of training to be reinforced to strengthen management abilities and at the same time comply with national regulations. E) Contribution to Citizen Security. As a result of the set of initiatives promoted and accompanied in terms of Citizen Security, the project for Strengthening of Institutional Capacity of COMURES, has not only strengthened and empowered its capacities to orient its members regarding territorial processes for approaching issues, but also has managed to tie the approach of the topic to the modernization of Local Governments and to the demand of municipalities to deepen the processes of decentralization; before the demand of greater and better services offered to the population. COMURES and its members alongside the National Government have placed on the national agenda the promotion of public modernization as one of the mechanisms to strengthen processes of transparency and citizen participation, agreeing in discussion within the CONADEL framework. F) Citizen Participation and Transparency. COMURES and its members alongside the National Government have placed on the national agenda the promotion of public modernization as one of the mechanisms to strengthen processes of transparency and citizen participation, agreeing in discussion within the CONADEL framework. Follow up to the mandate of the last congresses and in correspondence to the institutional mission of proactivity, COMURES has a comprehensive proposal to approach the topic of citizen participation and transparency that integrates the multiple dimensions of the reality of municipal administration, having municipalities become the first instances of the state to propose serious, practical and comprehensive mechanisms to approach the matter. G) Institutional Strengthening of the Association and Associability. COMURES with the support of the USAID Project saw its institutional capacity strengthened with the employment of Experts on various topics of national interest (REF, Decentralization, 5 Solid Waste, Legal Counseling, Finances, and Modernization) in addition to the administration capacities of the CDA’s, through the employment of 10 Technical Advisors and their assistants. The Portfolio of Services for members provides opportunities for Technical Counseling in various areas: Legal, Technical, Association, Communication, and Administration. The various areas reflect a substantial increase of direct attention to Municipalities, which has generated at the same time an increase in recognition of the levels of trust had by members in its Association. This defines the challenge to continue raising the levels of response in terms of quality and opportunity sought by members. The institutional capacity for response and proposal has been strengthened through the quantitative and qualitative increase of the studies and research concerning topics of municipal interest. In addition of the building of multiple positioning originated by the opinion of the CDA’s and that contribute to the national vision. This capacity has permitted COMURES to gain recognition from other actors as the ideal promoter of local development. The impact in the application of tools is visualized in the qualification and broadening of services provided to members, in the association projection it represents due to the modernization of its services, internally in COMURES as well as in the municipalities themselves, and in the improvement of the Association image with the launching and modernization of its technological programs. COMURES has managed to apply successful methods for the building of its Association Agenda, a result of the National Congresses for Municipalities, and those that make decisions functional, which translates into the elaboration of the National Association Agenda, at national level and territorial level. At the same time, it has managed to institutionalize consultation procedures and the building of positioning. COMURES has been strengthened technologically with the acquisition of high level computer equipment and software packages, furnishings, photographic equipment, projection equipment, telephone equipment, destined for the central offices as well as the Technical Units of the CDA’s. The impact of this donation of equipment has represented greater administration capacity, especially in the CDA’s, since it has allowed working conditions to improve as well as the operation of its Technical Units. 6 ANNEX 7 SUMMARY OF PROGRAMS AND ACTIVITIES IMPLEMENTED UNDER THE SO Extended Description by Project Activity No. 519-0388 “MUNICIPAL DEVELOPMENT AND CITIZEN PARTICIPATION PROJECT” The Municipal Development and Citizen Participation Project (MDCPP) was designed to assist the government of El Salvador (GOES) in strengthening municipalities by improving services through effective financial management and greater citizen participation in local governance. The key substantive areas targeted in MDCPP were municipal finance and management, citizen participation, and policy dialogue and reform, complemented by indigenous urban management training and technical assistance. The main implementer was the Research Triangle Institute (RTI) from 1993 to 2001 under contracts No. CO-519-C-00940010600 and No. OUT-LAG-I-806990000900. The total investment of this project was $8,844,990. Interventions under this activity helped to achieve IR3 “Strengthened Local Government”. The Municipal Development and Citizen Participation Project was made up of three components: A) Policy Reform and Formulation. It included technical assistance and training to move forward with the national decentralization and municipal development strategy and to identify, analyze, and facilitate the reforms and formulation of policies leading to more autonomous and participatory municipal governments. MDCPP looked to COMURES to help promote efficient lobbying that would strengthen the municipal sector, through technical assistance on the analysis and formulation of first drafts of laws that would eventually become legislative reforms. Certain goals set during the life of the project required a change of legislation by the GOES. Among these were: tax reforms to strengthen local capacity to generate own-source revenues; changes in the law regulating FODES, to increase the amount of transfers from the central government to the local governments; decentralization of the water and sanitation sectors, which would be promoted by supporting ANDA’s decentralization program and by assisting the pilot water projects; strengthening of the decentralized road maintenance enterprises; and institutionalization of transparency mechanisms and alternate ways of local funding. During the first year, efforts were concentrated mainly on supporting COMURES’s initiatives before the congressional representatives to the National Assembly, through the assistance of a full-time specialist. The specialist supported COMURES in the negotiations that were being carried out together with the Interior and Public Security Commissions within the National Assembly, and contributed to the successful establishment of a Municipal Issues Commission. Also during this period, COMURES exerted great influence regarding the policies on increasing transfers from the central government to 6 percent of the national operating 1 budget. Additionally, the project collaborated with the Association in drafting a regulation for distribution of funds to the municipalities. The main activities developed under this component were: o Tax Reform: The project concentrated on proposals for policy analysis and tax reforms related to company assets, on raising the capacity of COMURES to propose projects and dialogue with the private sector, and on the financial sustainability of project activities. In the end, two alternatives were presented. The first was to continue trying to adjust the existing taxes on assets, so that the General Law on Municipal Taxes could be observed. The second was to develop different options for local taxation, basing them on common practice from other countries. Under the first alternative, a decision was made to prepare a demonstration law and apply it in four of the project municipalities. The work was shared with COMURES, the Commission on Municipal Matters of the National Assembly, and the private sector. Unfortunately, it was not possible to continue as planned, due to the political election period under way. To continue with these efforts, during a strategy was designed to continue supporting COMURES’s taxation agenda after the elections for 1998 and 1999 were over. The strategy included the previously discussed second option, based on developing empirical studies of the different forms of municipal taxes such as real estate taxes, property taxes based on market value, “piggyback” taxes, and a simplified value-added tax (VAT) for small taxpayers. The whole analysis process was accompanied by lobbying and discussion with influential national interests: the Ministry of the Treasury, the Fondo de Inversión Social para el Desarrollo Local (FISDL), ISDEM, NGOs, private sector associations, universities, and the Modernization Commission. Because of the increasing demand for financing for urban infrastructure, ISDEM became interested in the possibility of issuing bonds. The project therefore carried out an investigation of the potential bond market, which lead to conclude that there were key impediments to developing a viable bond market in El Salvador were: a very young capital market, lack of a secondary market, urgent improvements needed in local government financial administration; and uncertainty regarding how to evaluate credit risks. o Decentralization of Rural Road Maintenance: The project, in keeping with COMURES’s concerns, decided to carry out a case study on one of three municipal/rural road maintenance companies: Sociedad de Alcaldías Municipales del Departamento de Sonsonate, S.A: de C.V. (“SASO”), created in 1992 in response to the need to repair the rural and service roads. At that time it was impossible to find adequate machinery on a lease basis; even if it had been available, the Ministry of Public Works was not likely to support its acquisition at the departmental level, at least where the municipalities were held by political parties opposing the central government. This experience was shared during a regional workshop regarding decentralization held in Costa Rica in 1998, and sponsored by FEMICA. This trip also helped to present to the manager and the members of the Board of Directors the experience of the Sustainable Service Roads Program, sponsored by the German Agency for Technical Cooperation (GTZ). As a continuation of this activity, a national forum was held, organized by the project with the support of GTZ, to share the SASO experiences and the outcomes of the GTZ service roads program in Costa Rica with the Ministry of Public Works, the State Modernization Board, the 2 municipal enterprises responsible for maintenance, and the departmental mayors’ councils. This effort pushed forward the maintenance program initiated by the Ministry of Public Works. o Decentralization of the Water Supply Services: the main activities and results under this activity were: 1) Tetralogía Water Supply System in the municipalities of Alegría, Berlín, California, Tecapán, Santiago de María, and Mercedes Umaña, all belonging to the Department of Usulután; 2) Water Supply System In San Julián, Sonsonate; 3) Suchitoto Aqueducts and Sewerage Administration Company; and 4) Water Supply System In Ereguayquín,Usulután. o Municipal Transparency Mechanisms: To stimulate the openness of the local governments and to involve the community in subjects such as the municipality’s legal, administrative, and financial management, the project began a series of actions to promote transparency mechanisms. These three aspects of municipal management were not previously accessible to the citizens. Among the transparency mechanisms promoted by the project were the following: 1) Open Council Meetings; 2) shared budgets; 3) rendering of accounts on budget execution; 4) Dialogue with entrepreneurs; 5) and appearances on open telephone radio talk shows. o Sharing Experiences Among Cities: The most visible and significant aspects of this program, guided by the project and in coordination with COMURES, were the seminars/workshops on shared cities, the first to be carried out in this country on this subject. The purpose of these workshops was to allow mayors and senior managers to obtain greater knowledge regarding other creative and innovative experiences in urban development, including methods, ideas, and successful projects. Whenever it was possible, the presentations during the workshops were carried out by the mayors themselves. o Technical Assistance and Training with National Institutions: In coordination with FISDL and the Commission on Municipal Matters of the National Assembly, a workshop was held with 27 of the 28 mayors of the municipalities participating in the MDCPP, representatives of the Commission, and officials of the FISDL. Also, during 1999, support was given to FISDL and to an IADB consultant in the development of the operations manual. A main goal was to include participative experiences in the project approval process, to help institutionalize methodologies for citizen participation in this area. The Project’s technical staff collaborated in this work, preparing the National Local Development Strategy document that now serves as a framework for the decentralization and local development work of the national government. o Technical Assistance for Strengthening Municipal Governments and Motivating Citizens to Participate: The project supported the Corte de Cuentas of the Republic in executing a project titled “Technical Assistance to Strengthen the Administrative Development of Municipal Governments and Motivate Citizen Participation in Social Accountability.” This project received financing from USAID. International experts offered on-site training to the technical auditors of the Court and internal auditors of the 3 municipalities. Eighteen municipalities of the MDCPP participated in the program, as did local leaders, mayors, internal auditors, municipal trustees (síndicos), treasurers, and accountants, as well as 24 auditors of the Corte de Cuentas. B) Municipal Strengthening. Included technical assistance and training to develop the administrative, technical, and financial capacity necessary for municipal governments to respond effectively to the needs of their constituents by providing improved, expanded public services on a sustainable basis. o Financial Management: The main purpose of strengthening the area of municipal finances was to increase local governments’ capacity to collect own resources. Initially, during the pilot test, the actions of the project were oriented toward updating the service tariffs and modernizing the municipal tax laws, in accordance with the legal mandate established by the General Law on Municipal Taxes. Later, the technical assistance activities centered on generating current savings by implementing income-generation measures as well as by rationalizing current expenditures. The objective was to obtain resources that would allow for self-sustaining services, normal maintenance, and investment with own resources. The main achievements were: 1) the tax base was expanded through updating of the real estate cadastre as well as the register of companies. The municipalities played a very important role, adapting to the methodologies used and contracting local human resources. In all, 72% of the municipal cadastres were updated, corresponding to 20 participating MDCPP municipalities; 2) Collections were expanded and systematized in each phase—normal, administrative, and judicial—as the General Law on Municipal Taxes stipulates; 3) the project assisted with modernization of tax documents and reassessment of taxation related to public services; 4) the legal framework for tax administration was correctly applied, thereby making the tasks related to the technical review of balances more efficient, accommodating assets declared by companies, and maintaining two-way communications with entrepreneurs and citizens. Moreover, greater local responsibility was promoted in terms of current expenditures. Budgets were planned and implemented such that new municipal financial resources were reoriented toward maintenance of and investment in public services. o Administrative Management: In addition to improvements in local financial capacity, the Municipal Strengthening component of the project had the purpose of strengthening and consolidating the technical and administrative capacities of local human resources, allowing employees to respond adequately to the ever-growing requirements of the different sectors of the population, through efficient, economic, and transparent public services. The actions that were carried out strengthened the local planning processes. The municipalities developed local development plans jointly with their communities and drew up participative annual municipal work plans. They defined clear goals and objectives in the context of a shared vision, permitting the integration of the goals and objectives with the municipal budgets, within which funds have been assigned, and thereby ensured economic responses to priority needs. In the area of administrative internal controls, the municipalities now have manuals on internal work regulations, 4 organization, responsibilities, and procedures. Nevertheless, when electoral changes happen in local governments, these procedures tend to be abandoned in favor of more familiar traditional approaches. The design of the Sistema de Administración Financiera Integrada Municipal (SAFIMU) began in July 1996 and was completed by the end of 1997; the project provided for a team of financial specialists to carry out this effort. It was developed under the directorship of a supervisory committee made up of representatives of USAID, ISDEM, and GTZ. The pilot application in three Municipalities was scheduled for mid-July 1997 to mid-January 1998 in the municipalities of Sonsonate, Texistepeque, and Juayúa. Although the original idea had been to replicate the SAFIMU process in other municipalities, this step was not possible because of all the technical problems that had to be countered in the pilot application. At the end of the project, the municipality of Juayúa had adopted SAFIMU quite willingly. All of the accounting, treasury, and cadastre officers were using it. The budget document of the City Hall for that year was issued on this system; accounting transactions occurred almost in real time; billing was being carried out with the system (although the process for the massive issuance of notification-invoices takes a very long time); and the tax registry and control were up to date. o Municipal Services: Regarding the rendering of services, the project implemented different work strategies during the three implementation stages. During the first stage, 7 pilot municipalities were chosen for assistance that centered on selected public services that had been identified by the local government together with the community. The concept was to obtain funds from USAID/El Salvador through the SNR and to invest in the improvement of services, in connection with assistance received in the administration and finance areas. All of this was done in order to create a model for the municipalities participating in the project, as well as for the remaining (nonproject) municipalities. The following projects were carried out following this methodology: 1) water supply system for the municipality of Ereguayquín; 2) water supply system for the municipality of San Julián; 3) solid waste collection and disposal system for Usulután; and 4) solid waste collection and disposal system for Sonsonate. C) Local Democratic Development. It included technical assistance and training to increase and enhance citizen participation in the local democratic decision making process. This included further developing existing practices such as cabildos abiertos (open town meetings), increasing nongovernmental organizations’ (NGOs) and community organizations’ access to the democratic process, and identifying new mechanisms for broadened participation. A public awareness campaign also was developed and implemented which educated citizens on their rights and responsibilities in a local democratic government. In its initial stages, the MDCPP emphasized efforts to sensitize and expand the vision held by municipal governments of increasing communication with their citizens and making room for citizen participation. The first stage of the project bolstered the attitude and vision of the mayors, council members, and municipal officials regarding opening local government to greater communication and participation by the 5 citizens. This new attitude and vision in turn supported the second phase of the project, which focused on facilitating dialogue between municipal officials and different sectors of the community. The goal was to cooperatively define and implement a development agenda and to enlist cooperation by the local actors. Grant agreements were entered into with NGOs to strengthen the dialogue and participation process; these NGOs were chosen during open and public processes; mayors of participating municipalities, along with representatives of ISDEM, COMURES, USAID, and RTI participated on the selection committee. The initial goal of these efforts was to stimulate the establishment and usage of processes and mechanisms to jointly involve civil society and local governments in the identification and solution of problems. In the original selected municipalities, the civil groups were organized and initiated communication with the local government to work on the local agenda. The NGOs assisted efforts to develop a local agenda for a period of approximately eight months. Notably, 18 municipalities incorporated the three priorities established by the participants in the planning process into their investment plans (own resources, FODES, and FISDL). And in 15 municipalities, participatory action plans were developed as support tools for the municipal administration. At the conclusion of the grant agreements, some NGOs continued facilitating the process with their own resources and/or resources obtained from other agencies, including SACDEL (in Puerto El Triunfo and Olocuilta), FUNDE (in Nejapa, Jiquilísco, Sonsonate, and Acajutla), and FUSAI (in Nejapa). 6 ANNEX 8 SUMMARY OF PROGRAMS AND ACTIVITIES IMPLEMENTED UNDER THE SO Extended Description by Project Activity No. 519-0391 “DEMOCRATIC AND ELECTORAL PROCESES PROJECT” The goal of the Project was to strengthen democratic institutions and practices and its purpose was to strengthen the integrity and inclusiveness of the Salvadoran democratic and electoral processes. Interventions under this activity helped to achieve IR2 “More Effective Electoral Administration.” 3.1 PHASE 1 (1993 – 1996). Activities were carried out under contract No. 519-0391-C-00-3151-00 with Creative Associates International Inc. with a total budget of $2,591,930 including $781,756 in sub-grants to local NGOs and $278,786.49 in procurement for the Supreme Electoral Tribunal (TSE). The project began on September 1993 and ended on July 1996. The first phase of this project took place during the so called “Elecciones del Siglo” (1994 Presidential Election, the first one after the Peace Accords); efforts focused on assisting with documentation, voter registration/awareness, civic education, and inscription of official voter rolls (carnetización). The work comprised of retrieving and copying 250,000 birth certificates for the TSE and canvassing targeted municipalities on a door to door basis. Pre-electoral activities covered 133 municipalities in all 14 departments. In the post-electoral phase, assistance was provided so that 21 NGO’s organized 10 sub-projects which specifically dealt with issues surrounding women, environmental awareness, youth, community radios, and local communities. At the conclusion of the sub-projects, the NGOs were able to organize 242 community forums covering many pertinent subjects. Of particular importance were the 32 local forums held on citizen safety during the “Let’s Participate in Democracy” sub￾project. 9,062 people participated in the ten sub-projects and the NGOs worked in all 14 departments. 3.2 PHASE 2 (1996 - 1998). Activities were carried out under contract No. OUT-AEP-I-801-96-0003-00 TO # 801 with the International Foundation for Election Systems (IFES) with a total budget of $4,137,393. The project began on October 1996 and ended on April 1998; the objective was to strengthen the integrity and inclusiveness of Salvadoran democratic and electoral processes through the implementation of activities designed to improve the voter registry, and the administration of, and citizen confidence/participation in, the electoral process. Main achievements include: 1 ƒ An NGO network of 23 local organizations which implemented a national voter outreach/civic education campaign with the TSE during the post registration an pre-election period of 1997 elections was established. ƒ An agreement was reached with the Japanese Embassy to collaborate in three key programs: expanded civic education and voter outreach coverage; free Election Day rural transportation; and post election evaluation. 3.3 PHASE 3 (1999 – 2003). Assistance was provided under the Electoral Reform component of the C.A. No. 519-A-00-00- 00041-00 with Creative Associates International ($875,000 of the total budget was invested in this activity); and through a Grant awarded to the United Nations Development Program (UNDP), No. 519-G-00-99-00032-00, for the amount of $380,203. It is important to mention that additional funds were granted to the UNDP under such agreement: 40 million colones from project 519-000099 were provided in order to assist the Registro Nacional de Personas Naturales (RNPN); such amount is not included as part of the total cost of the SO (chapter VI, core document) given that funds were in local currency; however, this activity was crucial for the achievement of the IR. Main interventions and achievements of this phase are: ƒ Important electoral reforms were drafted related to the electoral code, electoral procedures code, organic law of the TSE, and political party law. For six months, the TSE magistrates studied the proposals to reach consensus agreements about their contents before presenting them to the Legislative Assembly in April 2002. Although only minor changes were eventually introduced into the current legislation, electoral reform continues to be a key issue in the political agenda. These reform proposals should provide a substantive basis for further discussion. ƒ A process of strategic planning, organizational restructuring and a re-engineering of key processes, including the electoral register and the electoral process was performed in the TSE. This support resulted in an improved set of processes for carrying out the 2003 municipal and legislative elections. ƒ A technical unit, under which the TSE’s computers were organized, was created and placed under the direct authority of the magistrates. As a result, the logistics for voting and vote counting improved, both in 2003 as well as in 2004. ƒ In addition, the collateral support obtained through the support of Gigante Express led to the near completion of a detailed electoral map, which will be used once residential voting is put into place. The servers supplied in 2003 contributed especially to the useful introduction of the Documento Unico de Identidad-DUI in the 2004 elections. ƒ Support was provided to the Registro Nacional de Personas Naturales (RNPN), through a grant awarded to the UNDP, in the construction of a historical database, which is the second phase toward the establishment of a new civil registry and the issuance of a single identity card known as the DUI. USAID/El Salvador granted the sum of ¢40,000,000 in local currency (about $4.59 million) to the United Nations Development Program-UNDP to provide support for this program to the RNPN. ƒ The DUI was used for the first time as a voter card in the 2004 election, and due partly to its use, the 2004 elections had an historic 67% voter turnout. The historical database for the new civil registry was relied upon to issue a total of 3.6 million single identity cards (DUI). 2 ANNEX 9 Principal Implementer Partners, Contact Information 1. DEMOCRATIC CONSOLIDATION AND GOVERNANCE ACTIVITY (519-0436) ƒ DPK Consulting 605 Market Street, Suite 800 San Francisco, CA 94105 Phone: (415) 495-7772 Fax: (415) 495-6017 dpk@dpkconsulting.com ƒ Ministerio de Gobernación Centro de Gobierno, San Salvador, El Salvador www.gobernacion.gob.sv ƒ National Center for State Courts – NCSC 300 Newport Avenue Williamsburg, VA 23185-4147 Phone (888) 450-0391 Fax (757) 564-2034 Questions or Comments - email webmaster@ncsc.dni.us ƒ Consejo Nacional de la Judicatura (CNJ) www.cnj.gob.sv ƒ Office of Public Affairs, U.S. Embassy to El Salvador, (Interagency Agreement) ƒ National Civilian Police (Policía Nacional Civil – PNC) www.pnc.gob.sv ƒ International Criminal Investigative Training Assistance Program (ICITAP) http://www.usdoj.gov/criminal/icitap/ ƒ Procuraduría para la Defensa de los Derechos Humanos – PDDH www.pddh.gob.sv ƒ Attorney General’s Office (Fiscalía General de la República) www.fgr.gob.sv ƒ Checchi and Company Consulting, Inc. 1899 L Street NW, Suite 800 Washington, DC 20036 Telephone: 202-452-9700 Fax: 202-466-9070 checchi@checchiconsulting.com ƒ Public Defender’s Office (Procuraduría General de la República) www.pgr.gob.sv ƒ El Salvador’s Legislative Assembly www.asamblea.gob.sv ƒ Creative Associates International, Inc. 5301 Wisconsin Ave., NW Suite 700 Washington, DC 20015 Tel. 202-966-5804 Fax: 202-363-4771 Email: creative@caii.com ƒ World Learning Inc. Kipling Road, P.O. Box 676, Brattleboro, Vermont USA 05302-0676 Phone: (802) 257-7751; Toll Free Within the US: (800) 257-7751 TTY: 802-258-3388; Fax: 802-258-3500 1 Email: info@worldlearning.org www.worldlearning.org ƒ The University of Texas at Austin, sub￾contractor of Creative Associates www.utexas.edu ƒ Consejo Nacional de Desarrollo Sostenible – CNDS ƒ Research Triangle Institute International – RTI PO Box 12194 Research Triangle Park, NC 27709-2194 E-mail: listen@rti.org Telephone: 919-485-2666 Toll-free: 1-866-RTI-1958 www.rti.org ƒ Instituto Salvadoreño para el Desarrollo Municipal – ISDEM 4a. Calle Poniente entre 41 y 43 Av. sur No. 2223 Colonia Flor Blanca, San Salvador Teléfonos 267-6590, 267-6500 www.isdem.gob.sv ƒ Corporación de Municipalidades de la República – COMURES www.comures.org.sv ƒ Red de Cooperantes para el Desarrollo Local - RECODEL ƒ Fondo de Inversión Social para la Vivienda – FISDL www.fisdl.gob.sv ƒ Comisión Nacional para el Desarrollo Local – CONADEL 2. MUNICIPAL DEVELOPMENT AND CITIZEN PARTICIPATION PROJECT (519 - 0388). ƒ Research Triangle Institute (RTI) PO Box 12194 Research Triangle Park, NC 27709-2194 E-mail: listen@rti.org Telephone: 919-485-2666 Toll-free: 1-866-RTI-1958 www.rti.org ƒ Fondo de Inversión Social para el Desarrollo Local (FISDL) 10a. Av. Sur y Calle México. Barrio San Jacinto. San Salvador. El Salvador. Teléfono (503) 2244-1200. Fax (503) 2244-1370 www.fisdl.gob.sv ƒ Corporación de Municipalidades de la República – COMURES www.comures.org.sv ƒ ISDEM 4a. Calle Poniente entre 41 y 43 Av. sur No. 2223 Colonia Flor Blanca, San Salvador Teléfonos 267-6590, 267-6500 www.isdem.gob.sv 3. DEMOCRATIC AND ELECTORAL PROCESS (519-0391). ƒ International Foundation for Election Systems – IFES 1101 15th Street, N.W., Third Floor, ƒ Registro Nacional de las Personas Naturales (RNPN) Col. "Gral. Manuel José Arce", C. "Douglas 2 Washington, D.C. 20005 (202)828-8507, fax: (202) 452-0804 www.ifes.org Vladimir Varela" y Av. Caballería, San Salvador (Torre RNPN) Teléfonos: 2-279-4182; 2-279-4248; 2-279- 4305; 2-279-4315 www.rnpn.gob.sv ƒ Creative Associates International, Inc. 5301 Wisconsin Ave., NW Suite 700 Washington, DC 20015 Tel. 202-966-5804 Fax: 202-363-4771 Email: creative@caii.com ƒ Tribunal Supremo Electoral – TSE www.tse.gob.sv ƒ The United Nations Development Program (UNDP) www.pnud.org.sv 3 ANNEX 10 Complete List of Lessons Learned 1. ACTIVITY 519-0436: “DEMOCRATIC CONSOLIDATION AND GOVERNANCE PROJECT” 1.1 Rule of Law activities. 1.1.1 PAS Project: i. Work with other donors to address deficiencies of the judiciary: The Project recommends that USAID continue to work with other international donors and coordinate with them to address the deficiencies of the judiciary. This is especially true in the context of judicial administration. The Project began to address deficiencies in judicial administration through the judge mentor program, and it recommends a continued focus, in tandem with other international donors, on this aspect of the judiciary. ii. Continued Support for Code Reform: The Project recommends that USAID continue to support counterparts in their efforts to enact comprehensive code reform. As long as the current justice system remains a hybrid between the inquisitorial and accusatory systems, there will continue to be large-scale inefficiency and unfairness. Judges already educated in rules of evidence can be targeted and relied upon as a starting point to develop discussions that would generate changes within the system. iii. Greater Support for Administrative Reform: The ultimate goals behind increasing the understanding and performance of justice sector actors under the criminal and criminal procedure codes are to increase the efficiency and fairness of the criminal justice system. Through assisting counterparts with training and technical assistance in substantive areas, the Project has done exactly that. However, sometimes the substantive performance of justice sector actors is substandard because of a failure in the administrative realm. iv. Continue Joint Training Activities: The Project recommends the continuation of crime scene training. This recommendation is strongly supported by the results of the Project´s evaluation of the impact of the training. In most cases, those who have received training do a better job of maintaining the integrity of the crime scene and preserving evidence than those who have not. v. Relationship of Casas to Mayors’ Offices and Community Activities: As USAID is well aware, based on its discussions with the mayor in Suchitoto, a Casa needs to be fully involved in the local municipal activities and activities in the mayor’s office. Any attempt to separate the Casa from the mayor’s office, in a well-meaning attempt to depoliticize the Casa, will detract from the Casa´s efforts to show clearly to the mayor its utility. Without 1 belaboring this point, the Project recommends that the Casa be fully immersed in community and municipal activities. vi. Integration of Casa with other USAID Efforts: Furthermore, efforts should be made either to involve or relate the Casas to other ongoing projects of USAID in the field of local development, a conclusion already reached by USAID. As USAID related to the Project, a good example of this relationship would be between the Casa and ongoing citizen participation projects. Another example would be relating the Casa to a local development project designed to increase municipal revenue. If the two (the new Casa and the municipal revenue project) are tied in the mind of the mayor, then the additional costs generated by the Casa de Justicia are perceived to be covered by the additional revenue generated by the improvement of municipal revenue collection practices. Thus, from this point of view, the Casa does not represent a net loss of funds available in the municipal budget, a conclusion that is very conducive to financial sustainability. vii. Relationship of Casas to Local Universities: The Project recommends that the Casas be encouraged to form relationships with nearby universities that have studies in law. Such relationships, formalized to the greatest extent possible by written agreements, will increase the prospects for sustainability by providing another source of mediators, possible technical assistance, and a potential source of notary services. viii. Continue supporting the UTEC, UNIVO, UNICO, and UFG: The Project obviously recommends that USAID continue to support the four law schools with whom the Project currently works or will soon work. One of the Project´s consultants – an expert in legal clinics and the clinical methodology – after working with the UNIVO and the UNICO￾suggested that it will take two to three more years of technical assistance to see well￾functioning clinics in these two law schools. One of the reports produced by the other international consultant who worked at the UNICO implicitly supports this assertion. Although both consultants´ comments addressed only the UNIVO and the UNICO, the Project recommends that USAID have a similar time line with the other two law schools. ix. Continue to work with technical personnel at the CSJ with regard to the legal clinics: The Project also recommends that USAID continue to work at the technical level of the Supreme Court (CSJ) in its efforts to provide quality control to legal education. It is critical to provide follow-up to the recently signed agreements between the Universities and the Supreme Court so that the law Schools provide opportunities for law students who have already graduated to conduct their “práctica jurídica” in order to gain the Supreme Court’s Authorization. 1.1.2 Justice Project: i. Integrality of strategy: Reform projects must be conceived integrally, though do not necessarily have to have complex goals. The reform process by its nature is a gradual process. 2 ii. Multidisciplinary: Successful reform and modernization efforts should not depend on the exclusive vision of jurists, but also include other experts such as methodologists, pedagogues, psychologists or anthropologists, to mention some specialties. iii. Participative: The basis of successful planning requires the involvement of all counterparts or interested persons that can and want to provide data of their experience for the execution of the projects. iv. Respect for local idiosyncrasies: The municipal ADR experience required not only participative methodologies, but also different communication methodologies in each location. Each municipality or locality, be it rural or urban, has different “momentums” of action and reaction. The conflicts are different and the vision of the justice system often different. Similarly working with the institutions interested in commercial alternative dispute resolution mechanisms such as businesses and the commercial bar requires understanding of other local idiosyncrasies. v. Need for political commitment: A great commitment is required from the institutional heads or local authorities. Lack of consensus over justice reform is the best road to failure. Without the sense of ownership, it is not possible to advance. vi. Defense of the fundamental rights and of human dignity: The defense and protection of the fundamental rights cannot be forgotten in trying to achieve efficiency. No result justifies this forgetfulness. 1.1.3 Joint Training of National Civilian Police and the Attorney General’s Office. The police and prosecutors training project recommends that the national Civilian Police and the Office of the Attorney General of the Republic develop a joint training plan that continues the training courses on Crime Scene Management, Criminal Investigation, and Chain of Custody. Considering that both institutions are the main columns of the justice system that guarantee proper crime investigation and successful criminal process. On the other hand, as a result of the training courses, it is considered indispensable to train the prosecutor’s personnel in basic juridical areas, such as nullities, resources, evidence means, rules of evidence, etc., to reinforce their participation during the penal process. 1.2 Citizen Participation and Governance activities. Lessons Learned about Advocacy: Characteristics Needed for Political Advocacy Work: i. Willingness to take risks. Organizations tend to see advocacy projects as risky since their initiative may or may not be approved by the government after all the work they do. In the preparatory phases of these projects, organizations frequently worried about the wisdom of risking their reputation on their ability to do successful advocacy work. The board of 3 directors of OEF, for example, expressed serious reservations along these lines but was finally convinced by the executive director to take the risk. The decision to participate or lead an advocacy campaign should not be taken lightly, because it has serious implications: any organization that decides to go forward will have to continue risking their image with public positions, alliances with other organizations and citizen action in order to be successful. ii. Analytical and flexible. Advocacy processes require a willingness to constantly reevaluate strategies and activities, and to change them when necessary. Few organizations are able to create a strategy at the beginning of a campaign that will work for the whole period of the campaign. This is true not only because of a lack of experience, but also because the situation itself tends to change frequently, and organizations have to react to new scenarios. The most successful groups are able to evaluate their work objectively, admit their mistakes, and correct them quickly. iii. Openness to building productive relationships with various sectors. Another important characteristic for organizations is a willingness to work in partnership with a variety of different people and organizations. All 20 organizations supported by CREA were surprised at some point in their campaign to find they had made inroads with individuals and sectors where they had not expected to find support. Advocacy work requires the building of positive and productive relationships of trust. This is true whether with other organizations, government officials, or individuals. This characteristic was mentioned repeatedly by Legislative Assembly deputies and journalists in the interviews as the most important change that most CSOs need to make in order to be more effective. iv. Ability to build relationships of trust with government actors. Openness is particularly important in relationships with government officials, since they are generally the people who have the authority to pass the policy proposal. Relationships between organizations and officials in El Salvador are tense and mutually distrustful and have been so for decades, a legacy of the war and authoritarianism. Changing this and creating relationships of trust requires time and serious effort. Unfortunately, the burden of changing the nature of the relationship will almost always be borne primarily by the CSOs, which will have to provide initiative, creativity and steadfastness in order to overcome the mistrust. v. Commitment to the initiative. The organizations that have won the passage of their legislative initiative have sustained a strategically focused effort over a medium-term period of time. Making just a fleeting effort or attempting to win it all at once does not usually help to achieve the proposed objective. In the same way, handing a draft proposal to the appropriate government authority without giving it any follow-up does not usually accomplish much. No matter how much time has been invested in an initiative, it will die if the promoting organization abandons it. Skills Necessary for Political Advocacy Work: vi. Organization. The ability to organize people—to form a coalition or start a new civic organization—is one of the most important and underestimated skills for advocacy work. There is a general perception that organizing work is easy or obvious. Our observation is that 4 it requires quite a bit of talent and facilitation/negotiation experience to be able to: identify a common interest, get people actively involved, come to agreements on strategy, and achieve a working balance among the many individual and organizational leadership styles. vii. Media. The least developed capacity in all of the organizations is the ability to create communications strategies and work effectively with the media. In spite of the importance of media work for influencing public opinion and getting out a message, most organizations still do not prioritize it. They do media work reluctantly, if at all, and find it even more stressful than lobbying government officials. Given its importance, however, media work deserves special attention. viii. Lobbying. People who lobby government officials need to have certain qualities and skills. Some of the most important are: ability to create positive relationships with people of different ideologies, political parties, religions, points of view, etc.; ability to understand and bring together diverse interests and negotiate a solution; analytical ability and an understanding of the issue involved; commitment to the issue and ability to stay with the initiative over the long term; willingness to take risks; and problem-solving ability. ix. Monitoring. Civil society groups are just beginning to explore how to monitor policy implementation and audit the processes and procedures of government institutions. There have only been a few experiences so far, but they have been encouraging enough to indicate that there is a great deal of potential for work in this area. x. Research. Researching the way governments function and monitoring their policies requires analytical skills and a minimally acceptable academic methodology, if the resulting research is to be credible. Research must be very relevant to the advocacy issue for it to have an impact. In addition, the results should be expressed clearly and disseminated widely. Collaboration between academics and advocacy organizations is ideal. An academic adviser may orient the research of an organization, or an arrangement might be made whereby the academic organization produces the research and the organization does the advocacy work. xi. Opinion Surveys. If an advocacy organization needs to conduct a survey, it will need to seek the help of a respected survey organization. The organizations must accompany the process, however, by providing documents and specific information about the survey topic. The advocacy organization can also assist by providing the support necessary to produce the most useful executive summary, since survey reports tend to be presented in a very academic form. xii.Information. The monitoring phase of an advocacy process requires a medium-term time commitment; projects of less than one year have met with a great deal of difficulty because of the lack of relevant information. In some cases, the only thing that could be documented was the government’s lack of will to turn over the needed information. xiii. Objectivity. The objectivity of the research is fundamental. It is difficult for the same people that do the advocacy work to do the monitoring and research work. They tend to be too involved in the issue to avoid having preconceived notions about possible policy responses, and this lack of objectivity contaminates the research. 5 Lessons Learned about Training and Technical Assistance: xiv. Training in a formal setting is efficient in terms of getting basic ideas across to a large number of people, but technical assistance or coaching someone who is already experienced in the needed skill is more efficient for honing the skills of an individual organization. xv. No amount of training or coaching can take the place of experience. The most notable instances of increased abilities observed during this project have been with organizations that have used the training provided as a springboard, directly using what they have learned, making mistakes and correcting them. xvi. Training programs must be coherent and offer the same basic training units to all participants on advocacy. However, a great deal of flexibility is also necessary in providing institutional strengthening to compensate for and resolve the weaknesses of individual organizations that hamper their ability to carry out an advocacy campaign. Lessons Learned about Project Selection and Management of sub-grants: xvii. The potential for success of a given sub-grant is determined by the interest and drive of the organization. Skills can be taught, whereas a passion for the issue and a determination to change the status quo cannot. Donors supporting advocacy projects should look first at organizations that are already doing advocacy, with no external funding, since these are the most clearly committed. xviii. Donors should allow a great deal of flexibility in changing plans in advocacy projects, without allowing a total lack of planning to take over. Grantees should be encouraged by the donor to be analytical, and to change strategies and activities if necessary to improve the possibilities of success in the advocacy proposal. xix. Advocacy projects are fundamentally labor intensive, so funding should be made available for project staff. Organizations may be able to win the approval of their proposal without publications or paid media spots, but they cannot be successful without organizers, lobbyists, and researchers. While projects will vary, in our most recent experience, some projects required two to three full-time staff with a variety of skills working for 2-3 years to carry an advocacy campaign to successful completion. Lessons Learned in the Legislative Assembly Program: Civil Education Program: xx. Clarify and reorient program objectives. It should be clarified whether the program objective is to give presentations only to students at disadvantaged schools or if it is also available to other organized civil society groups. Our recommendation is the latter since that will help the program reach a wider spectrum of civil society. 6 xxi. Reorient the program and tie-in with activities of the departmental offices. The presentations given by DO interns and staff have been an excellent multiplier mechanism. More joint work should be done to maximize available financial and human resources. xxii. Develop lesson plans for teachers. One way to reach more students would be to implement a second objective of the program by developing civic education curriculum materials. The Sitio Infantil and the educational pamphlets are essential, but lesson plans for teachers in coordination with the Minister of Education would have an even greater impact. xxiii. Conduct more activities with organized civil society groups. One of the objectives of the Civic Education Program is to reach “diverse population groups.” So far—primarily because of limitations in time and human resources—the Program has not done everything possible towards this objective. xxiv. Improve communication between the Legislative Support Unit (LSU) and other units of the Assembly. One possible problem could be the lack of ongoing communication with other units in the Assembly. Communication is necessary for spreading information about legislative work and for supporting the facilitators. One specific suggestion is for the LSU director to meet with the directors of other Assembly units at least twice a year. xxv. Increase participation of Assembly members and alternates. The Civic Education Program should try to make sure that an Assembly member is present at all its talks. When a member cannot e present, the program should invite one of the alternates. xxvi. Raise funds to bring more students to the Legislative Assembly. Inviting more groups to the Assembly requires meeting space and money for transportation. Funds could be raised for these purposes, with private enterprise perhaps covering some of the costs. xxvii. Produce and distribute civic education materials. In addition to developing lesson plans for teachers, the Civic Education Program should produce and distribute other civic education materials. It should get involved in updating a video about the Assembly, which has the potential to be a very effective teaching tool. The Program’s PowerPoint presentations, which are of interest to adults and older students, should appear on the Internet. In addition, the Program should find ways to reproduce and distribute more “Conozcamos la Asamblea” and “Una Guía Informativa” pamphlets. Many Assembly members, for example, give talks in schools in addition to the schools they visit with the Civic Education Program. One possibility would be to have these members distribute Program materials. Public Participation Program: xxviii. While many of those who attend the events value the opportunity to participate, they also demand that their opinions and contributions be taken seriously and not end up simply as meeting notes or a list of proposals that goes nowhere. A forum might be organized perfectly in terms of the logistics and methodology, but if the results aren’t a true tool for decision￾7 making, the transparency of the activity and the image of the organizers—or in this case the Assembly itself—can be compromised. Technical Support to the Departmental Offices: xxix. Guarantee changes in the Internal Regulations of the Assembly to regulate the functioning and existence of the departmental offices. This would protect the DOs from any partisan interference and would assure institutional work for the benefit of the population. xxx. Design and approve an annual work plan that includes specific activities to support the institution, programs, and representatives of the department. The plan should include clear goals, objectives, and strategies to be implemented within a specific time period. xxxi. Develop a strategic plan for disseminating information among the population about the activities of the DOs and the results of their work. The relationship between the DOs and the Press Unit should be strengthened in order to identify new ways to promote the work in the media. xxxii. Reorient the responsibilities of the interns in order to make sure that all of the DO work areas benefit from their contributions. The Operations and Attributes Manual should be reviewed to include the responsibility of interns in DO activities. xxxiii. Reorient the activities of the Civic Education Area to incorporate more civil society groups in the presentations about what the legislative branch does. This is one activity that must be coordinated between the Civic Education Area and the Legislative Support Unit. xxxiv. Do an annual evaluation of the DOs to follow up on the operative plans. It is important to involve all of the Assembly representatives, technical administrators, and Legislative Support Unit representatives, as well as people from the Legislative Operations Department. Legislative Intern Program (LIP) xxxv. Improve communication between the LIP and the Legislative Analysis Unit. A more fluid, coordinated, and efficient communication should exist between the LIP and the Legislative Analysis Unit in order to keep interns from receiving contradictory information. In order to maintain the independence, good reputation, and objectivity of the LIP, a greater coordination is recommended between the analysts in terms of the research work and aspects of form and administration. xxxvi. Look for ways to get the public interest studies out to the public. The LIP, together with the Analysis Unit, should design a plan to let people know the reports exist and to make them more available internally in the Assembly. The research could also be very useful for governmental, non-governmental, and academic organizations. 8 xxxvii. Make sure that the format of the research papers is flexible, according to what kind of study it is. This should be possible without losing the ability to systematize and organize the information. xxxviii. Strengthen the initial training and orientation process for the interns. Many of the interns have given suggestions for improving the initial training they receive. They indicate that the orientation should be better planned and more ongoing, and that it should include more practical aspects. xxxix. Work to maintain an exchange with international students. International interns will provide the Assembly with new perspectives and knowledge that enrich the institutional work. This kind of work is also of benefit to the international interns. Lessons Learned in the Electoral Reform Program: xl. The issue of political will, or lack thereof, continues to be the most salient impediment to reforms. USAID/CREA sought to respond to what appeared to be sincere desires to bring about reforms, but the TSE was ultimately unable to extract itself from its still partisan political design to find a consensus for moving forward, either on electoral law or institutional reforms. Historical political dynamics – accentuated by the politicization that tends to occur around electoral moments – interceded, leading to an inability to implement many of the proposed reforms. It remains to be seen whether or how any of the reforms proposed can be implemented with further depoliticization of the make-up of the TSE. xli. Timing is also a crucial factor. In the case of organizational redesign, it has to be carried out early enough in the term of a TSE administration in order for it to be fully implemented. As it happened, electoral events of 2003 and 2004 interfered somewhat - at both a logistical and political level - with the implementation of these recommendations. As has historically been the case, the new set of magistrates elected in 2004 was slow to recognize the validity of previous reform efforts. Lessons Learned in the Transparency Program: Social Auditing Program: xlii. Participants believe that the process has “opened the doors” of the local governments, a theme that was repeated in nearly every municipality. xliii. Community co-responsibility for local projects promotes transparency in municipal administration. xliv. Citizen auditing requires dissemination of public information. xlv. More openness in the municipality allows both the community and foundations to have greater levels of trust and leads to better financing of local government projects. 9 xlvi. Communities are divided along political lines, families are breaking up, and trained staff members sometimes join the ongoing flow of migration out of the country. These elements limit social auditing processes. xlvii. Disinformation and the political-ideological rivalries among opposing political party leaders cause some local leaders to oppose participation processes. xlviii. Weakness and administrative deficiencies in the municipality can be obstacles to citizen participation and accountability. xlix. While commissions can take on a life of their own, it is unclear whether they will form in municipalities where initial training and assistance are not available. Access to information: l. Perhaps the most prominent lesson learned in this exercise is that the passage of municipal ordinances of this nature may serve as pilot experiences, but for any ultimate impact to be felt there would need to be changes made at a national level. In part, CREA’s support in the civil society advocacy arena for changes to the municipal code was an implicit recognition of this reality. li. Although the political will of municipal authorities is essential, municipalities need a great deal of assistance in determining, alongside civic leaders and organizations, just what kinds of information are most useful. They then need assistance in the preparation of mechanisms and information that enables citizens to have easy access to this information. lii. The idea that information which is “public” in principle, yet in practice has been parceled out only at the discretion of government officials, is still a novel concept, not only for municipal authorities, but also for citizens. Efforts to promote municipal transparency laws from above, without proper input from citizens as to their real needs and concerns, will not likely succeed in motivating citizens to use these mechanisms. Code of Ethics: liii. Although the Executive branch displayed the initial political will necessary for the realization of the project, the failure to implement the code and office of ethics before the project’s conclusion, or even shortly thereafter, slowed the momentum of the process. It also may suggest reconsideration as to whether or not the political will exists to carry this project any further. Many parts of the process could have been more participatory and open to the public. Although some participation occurred, it was not always consistent—i.e., the same group of persons was not always involved—and it was perhaps not sufficiently broad as to have generated a base of support for carrying out the code. Although public statements of commitment were made to this process, the public release of different documents would have both indicated a real openness to seeing this process succeed, as well as created a more informed group of persons and organizations who could push for the approval and implementation of the code and office of ethics. 10 Civil Society Projects: liv. Transparency initiatives supported by CREA International are usually about transparency in one specific area. These projects are often also advocacy projects and have all of the same characteristics, so many of the lessons learned discussed with respect to advocacy projects also apply to this area. 1.3 Local Government Activities. 1.3.1 Democratic Local Governance Activity - DLGA (2002 – 2005). Lessons Learned in Citizen Participation: i. Encourage and strengthen local leadership. Any effort aimed at achieving or increasing the adherence and participation of municipal officers and natural leaders of the local community must be considered essential to the success of participatory process for local development. ii. Encourage permanent dialogue and consensus. People need the sense that they have been listened to with respect, that their opinions have been taken into consideration in a decision￾making process, and that they have been allowed to voice their preferences in setting priorities for action. The sectorial participatory discussion groups set up in all the municipalities of the project proved to be particularly effective as centers of permanent dialogue. The groups provided verification of the programs and commitments that were made and permanent reformulation and adjustment of their respective short-and long-term programs. iii. Establish clear and encouraging objectives. It is necessary to break the long-term objectives down into a coherent set of gradual quantifiable objectives to be achieved in the short, medium, and long term. Verifying achievement in each of the operational objectives will motive to increase participation in the process. iv. Maintain enthusiasm with activities. It is vital to try to implement balanced planning￾action process, defining and executing a calculated program of activities easily recognized by the public with a high level of community participation and low operating costs. Examples may be street and quarter cleaning; artistic and cultural activities or similar events; and ceremonies such as contests, inaugurations and awards ceremonies, and similar events. The creation of a small fund specifically intended to finance this type of encouragement activity is strongly recommended. v. The participatory processes need time to consolidate. The consolidation of a participatory process entails a great change of the cultural authoritative patterns that have been deeply rooted in many communities for many generations. The individual and collective adoption of new behavior models is a gradual process that should be accompanied by technical assistance for a minimum period of three years. 11 vi. Local teams, well trained, work full time. The technical assistance provided by the project to a specific municipality must be transferred to a local technical team in the municipality. It would be worthless to have a mayor and council members available and willing to cooperate if a technical team capable of managing operations of the project has not been set up. vii. Balance and independence in credit management. It is important to always maintain a sound balance with regard to credit distribution based on the activities carried out and the achievements made in each stage. In practice, each one of the political parties will try at a given time to take credit for the project, claiming merit that may rightfully belong to the citizens and local participation organizations. The need to ensure that the project is identified as a strictly technical and fully independent activity, with decisions made above the particular interests of political or economic groups, is unmistakable. Lessons Learned in Management and Finance: viii. Match and make compatible systems, manuals, and procedures. Accounting and budget systems compatible with national accounting systems are best, and these efforts will always find natural allies such as the Ministry of Finance and the National Audit Office. ix. Make objective the real cost of the provision of the services. Without clearly identifying the real cost of each of the services provided by a municipality, it is simply impossible to define a policy for the reasonable management of such services, and consequently, define the management of the existing budget deficits. x. Promote the implementation of internal audits in municipalities. Four of the municipalities covered by the project took the initiative of hiring internal audit services charge with detecting any mistake that may arise during the setup and operation of the recently implemented accounting and budget system. Such self-evaluation efforts proved helpful and encouraging and must be promoted and incorporated in a future project from the beginning. Lessons Learned in Supply of Basic Services: xi. Participation of users. Based on the evaluation of the achievements of the potable water and solid waste companies assisted by the DLGA, the most successful companies were those reporting a higher level of effective participation of the users of the services provided. xii. Intensification of educational campaigns for users and authorities. Based on the experience provided by the DLGA’s technical assistance provided to 16 decentralized water and cleaning companies, new projects of similar nature should consider a proportionally greater effort to conduct more permanent and more intensive educational campaigns aimed at the communities of users as well as the authorities and executives of the decentralized services companies. Lessons Learned in Local Economic Development: 12 xiii. An intersectoral institution that coordinates and economic development strategy at local level. Any municipality that intends to start a long-term strategy for economic development must promote form the beginning the constitution and operation of an independent and fully representative organization designed to: a) make a diagnosis of the local economic reality; b) generate a long-term intersectoral local development strategy; c) facilitate, coordinate, and follow-up the actions programmed by each of the sectors; d) facilitate the attraction of internal and external productive investments; and e) take necessary steps to obtain financial and technical contributions form international and local organization that promote development. xiv. Active incorporation of the private sector. One of the things most important to entrepreneurs is encouragement and recognition by the local organizations of the significant role that they have in the generation of wealth and employment inside de municipality. xv. The facilitating role of the municipality. The municipality must adjust to the role of a facilitator of the process. Its main action must be the generation of an adequate channeling of public resources in order to provide the road, port, communication, educational, and sanitation infrastructures identified and programmed by the long-term strategy for local economic development. xvi. An explicit support commitment from public and private agencies at national level. It is highly advisable to obtain from the beginning an explicit support commitment form an agency of the national government (Ministry of Tourism, Economy, Internal Affairs, Agriculture, or other) and form an association of the private sector (FUSADES, FORTAS, FUNDEMAS, or other.) 1.3.2 COMURES Institutional Capacity Strengthening Project. i. There are issues that require alliances with those directly responsible as in the case of the Ministry of Treasury and the Court of Accounts in order to convey information regarding the LACAP Law. ii. The promotion of Municipal Code reforms and its harmonization with other laws affecting municipal autonomy require greater negotiation and political lobbying before the Executive and Legislative branches. iii. Having proposals has facilitated having discussions regarding decentralization reached all the way up to being included in the CONADEL agenda. iv. The municipalities expressed their political willingness to carry out their administrations with transparency and the topic was retaken in terms of Municipal Code Reforms. v. It is clear that solid waste management is a topic of national dimensions that must be assumed in a comprehensive and interinstitutional manner with a country vision and as a process. 13 vi. It is important to legalize inter-municipal associations that allow the full exercise of their competencies to carry out common programs and projects; also to provide support in the development of a strategic vision and clarity of initiatives for Local Development. vii. COMURES reaffirms itself as a valid interlocutor of the municipalities, promoting a more harmonious relation between Central Government entities and the Legislative Assembly. Taking proposal that are clear and have been arrived at through consensus, which respond to association needs. viii. There’s the challenge to broaden and make technical legal assistance provided to municipalities more efficient. ix. In order to support municipalities in the full exercise of their competencies and their municipal autonomy, COMURES carried out counseling sessions for the Provincial Councils of the Municipalities. This modality must be continued since it generates the empowerment of COMURES by council members and employees. 2. MUNICIPAL DEVELOPMENT AND CITIZEN PARTICIPATION PROJECT (519- 0388). i. Greater local involvement in municipal and regional development is vital, especially citizen input into the development process. El Salvador’s approach has been more technical, focusing on local revenue generation, grant reform, and improved local management capacity. However, recent experiences with community participation activities have certified that local involvement quickly shows benefits in the form of demand-based urban services. ii. The experience of the water sector highlighted the difficulty of managing the development of public infrastructure in a centralized manner. Efforts are now under way to devolve the management of these projects to local governments. This represents a clear break with the past, although further progress is needed. iii. It is important to differentiate among municipalities and regions and to deploy different development strategies for different conditions. El Salvador has tended to focus much attention on regional equity issues. The essence of this strategy is to continue to target a variety of central programs to areas of high poverty or other factors, but to grant a higher degree of autonomy to larger cities where economic conditions make it possible for such cities to develop at a faster pace. USAID is in a position to capitalize on this strategy, which emerged during the past few years. iv. Policy development, technical assistance, training outreach, and investment capital all need to be linked. MDCPP’s success has led other donors to recognize these linkages. A case in point is the Inter-American Development Bank’s Municipal Development Project, which follows on the model pioneered by USAID under MDCPP. 14 v. In urban government management, USAID, through the Municipal Development and Citizen Participation Project, has played a key role in drawing attention to efficiency improvements in local water supply. The development of the water decentralization activity attracted other donors, particularly the IADB, through implementing technical assistance programs in sector reform programs. 3. DEMOCRATIC AND ELECTORAL PROCESS (519-0391). i. Civil Society has a role to play in decision making especially those problems which directly affect local communities. Dialogue at the local level must be taken to the national level where it can generate enthusiasm and support for initiatives affecting common citizens. ii. It is important to foster NGO independence of political parties, otherwise NGOs will continue to be seen by the TSE and other government agencies primarily as political proselytizers rather than neutral educators for electoral and democratic processes. This will especially be seen to be the situation during pre-electoral phases. iii. Individual NGOs should comprise a network unless consortia come to the table when a network is being established. iv. The issue of political will or lack thereof, continues to be the most salient impediment to reforms. The TSE was ultimately unable to extract itself from is still-partisan political design to find a consensus for moving forward, either on electoral law or institutional reforms. Even assuming greater political will, however, there are enormous bureaucratic obstacles to administrative reform in government institutions. 15 Strategic Objective 519-002 More Inclusive and Effective Democratic Processes Summary Performance Data Table FISCAL YEAR INDICATOR LIFE OF PROGRAM TARGETS FY2002 FY2003 FY2004 FY2005 Target 41,3131 - 13,145 (5% cumulative increase) 13,771 (10% cumulative increase) 14,397 (15% cumulative) SO LEVEL: Cases filed in criminal courts in targeted geographic areas (New/Modified) Actual 64,821 12,519 (Baseline) 15,428 19,295 14,670 Target 5 5 4 5 - - - Number of congressional sponsored constituent service offices established by department Actual 3 3 3 3 - - - Target 60,025 56,996 59,358 60,025 - - - Households in target municipalities receiving selected municipal services (garbage and final disposition (Selected for reporting in the Annual Report) Actual 70,742 58,771 59,594 70,742 - - - Target 23 (cumulative) 11 16 21 23 IR LEVEL: Significant submissions by civil society organization (CSO) coalitions or CSOs to the legislature and/or other GOES authorities (Selected for reporting in the Annual Report) Actual 60 15 22 442 60 Target 103 Legislative committees holding at least one public 8 9 10 6 hearing per year (Selected for reporting in the Annual Report) Actual 12 6 9 12 3 Target 3,300,000 3,000,000 3,300,000 - - - - - - Eligible voters with valid documents Actual 3,291,564 1,950,000 3,291,564 - - - - - - Number of municipalities with formerly established Target 15 4 12 15 - - - and operating community oversight committees Actual 17 9 13 17 - - - Target 16,000,000 11,633,597 14,000,000 16,000,000 - - - Locally generated funds/revenue in targeted municipalities Actual 14,131,042 10,555,005 14,131,042 16,204,741 - - - Target 25,000,000 12,425,000 20,000,000 25,000,000 - - - Funds allocated for investment in services and infrastructure in targeted municipalities Actual 20,071,224 14,439,153 26,568,900 20,071,224 - - - Target 10% (35.4 days) - 3% (38.1 days) 6% (36.9 days) 10% (35.4 days) Percent of reduction in average case preparation duration for homicide cases in targeted areas (New) (Selected for reporting in the Annual Report) Actual 10% (35.4 days) 39.30 days (Baseline, average) 9.8% (35.5 days) 10% (35.4 days) 11.8% (34.7 days) Target 21 18 21 - - - - - - Number of police delegations with adequate communication equipment (New) Actual 15 15 15 - - - - - - Target 7 (cumulative) Number of mediation and justice centers established 2 4 5 7 (New) (Selected for reporting in the Annual Report) Actual 25 2 6 8 25 P:\democracy.pub\Democpub\DG PMP\DG summary of perfomance data table & indicators NOV05.doc 1 The life of program target figure for this indicator that appears in past reports is 14,397 cases number that represents the FY2005 target; to be es however, this target doesn’t reflect the real impact of the program given that the indicator value of each year is not cumulative (cases are independent from each other). Given that, it has been decided to set as life of program target, the total number of cases that were expected filed during the intervention period and the same logic has been followed for the actual number of cases filed in the life of project. 2 The number of Significant Submissions for FY2004 is 8, however, there was a miscalculation in the past which lead to sub estimate the cumulative number by 14 submissions that were not taken into account which are now reflected in FY2004. 3 The life of program target for this indicator will remain as the FY2004 target given that what is being measured is the number of committe holding at least one public hearing in the Assembly, being the best result expected during the life of project 10 committees out of 16. in targeted geographic areas. SO LEVEL RESULTS: INDICATOR: Cases filed in Criminal Courts YEAR PLANNED ACTUAL FY 2002 (Baseline) N/A 12,519 FY 2003 (5% cumulative increase) 15,428 13,145 FY 2004 (10% cumulative increase) 19,295 13,771 UNIT OF MEASURE: Number of cases. SOURCE: Independent consultancy made direct requests to the targeted Courts. INDICATOR/DESCRIPTION: The geographic areas targeted for USAID assistance were partially redefined in 20 now they are: San Miguel, Sonsonate, Usulután and Santa Ana. The reported number includes the entire criminal cases filed before the Justices of the Peace since that is the only way to start the criminal process, and it also avoid the possibility uplicating num 01; of bers with higher level F DATA : and s. of this indicator will begin in FY 2003. FY 2005 (15% cumulative increase) 14,670 d criminal courts. METHOD OF DATA COLLECTION: Supreme Court Reports. FREQUENCY/SCHEDULE O COLLECTION: Annually. RESPONSIBLE FOR DATA COLLECTION DPK Consulting, Inc. (U.S. Contractor) Eva Patricia Rodriguez, USAID CTO. COMMENTS: Estimates for FY 2003 and FY 2004 and FY 2005 may be adjusted in the first semester of FY 2003 as the number of population and courts in the targeted areas varies. This may affect our year projection Tracking 14,397 Number of Congressional sponsored Constituent Service Offices established by epartment. INDICATOR: D YEAR PLANNED ACTUAL CY 1999 (Baseline) 1 2 CY 2000 3 3 CY 2001 4 3 FY 2002 5 3 FY 2003 3 4 UNIT OF MEASURE: Number of Departmental Offices. SOURCE: Legislative Assembly. INDICATOR/DESCRIPTION: A Departmental Constituents Service Office is a new outreach mechanism for Congressional representatives to have more direct contact with their constituents A Service Office is staffed and paid for by the ational Assembly and must have at lea . st one total of 14 departments in El orts, reports from the Legislative REQUENCY/SCHEDULE OF DATA : tee) and ress lists and may be more beholden to olitical party structures than to citizens they target of five Offices was extended out to FY 2004 5 3 N scheduled visit per month by Deputies. There are a Salvador. METHOD OF DATA COLLECTION: Creative Associates Inc. (U.S. Grantee), Grantee rep Assembly. F COLLECTION: Annually. RESPONSIBLE FOR DATA COLLECTION Creative Associates Inc. (U.S. Gran Mauricio Herrera, USAID CTO. COMMENTS: This indicator assists in capturing the progress of participation of civil society and civil society organizations in the legislative process. This is especially important when taking into account that Deputies are elected to Cong by regional p represent. Due to the severe effects of two devastating earthquakes in 2001, and its corresponding impact on the Assembly’s budget, the time to reach the overall 2004. INDICATOR: Households in target municipalities receivin arbage and final disposition). g selected municipal services (g YEAR P ACTUAL LANNED CY 1998 (Baseline) 27,683 33,516 CY 1999 42,327 41,723 CY 2000 47,105 50,082 CY 2001 51,815 49,043 FY 2002 56,996 58,771 FY2003 59,358 59,594 UNIT OF MEASURE: Number of households served. SOURCE: Municipal cadasters; billing data for services rendered. INDICATOR/DESCRIPTION: Having this collection, ekly, and disposition in a do not eive services; it is known of recipients are ouseholds. The data at right, therefore, present a reasonable, not an exact, count of 70,742 service is defined as: regular garbage at a minimum once we landfill. METHOD OF DATA COLLECTION: Municipal documents. FREQUENCY/SCHEDULE OF DATA COLLECTION: Annually. RESPONSIBLE FOR DATA COLLECTION: Research Triangle Institute –RTI (U.S. Contractor) and Ana Luz de Mena, USAID CTO. COMMENTS: Although municipal records differentiate between households, businesses, schools, etc., that rec that the vast majority h re household services. FY2004 60,025 SELECTED FOR REPORTING IN THE ANNUAL REPORT. INTER MEDIATE RESULT LEVEL RESULTS: RESULT NAME: More politically active advocacy organizations. INDICATOR: Significant submissions by Civil Society Organizations (CSOs) coalitions or CSOs to the legislature and other GOES authorities. YEAR PLANNED ACTUAL CY 1999 (Baseline) 0 0 CY 2000 2 2 CY 2001 6 6 FY 2002 11 15 FY 2003 16 22 FY 2004 21 444 UNIT OF MEASURE: Cumulative Number. SOURCE: Creative Associates Inc. (U.S. ES S autonomous agencies, OES regional directors and members of the es Inc. (U.S. Grantee) F DATA tee) and sed as ram under the first semester will reported. FY 2005* 23 60 Grantee). INDICATOR/DESCRIPTION: “Significant submissions“ are defined as a draft bills/laws, position/policy papers, proposals or relevant studies. “Decision makers” are defined as GO ministers, heads of GOE G Legislative Assembly. METHOD OF DATA COLLECTION: Creative Associat & CSO reports. FREQUENCY/SCHEDULE O COLLECTION: Annually. RESPONSIBLE FOR DATA COLLECTION: Creative Associates Inc. (U.S. Gran Mauricio Herrera, USAID CTO. COMMENTS: A US Organization will be u an umbrella organization to implement all activities contemplated under the Citizen Participation and Governance Results Package, including the civil society advocacy prog a Cooperative Agreement. * In FY 2005, only data for be SELECTED FOR REPORTING IN THE ANNUAL REPORT. 4 The number of Significant Submissions for FY2004 is 8, however, there was a miscalculation in the past which lead to sub estimate the cumulative number by 14 submissions that were not taken into account which are now reflected in FY2004. RESULT NAME: More Politically Active Advocacy Organizations. INDICATOR: Legislative committees holding at least one public hearing per year. YEAR PLANNED ACTUAL CY 1999 (Baseline) 0 0 CY 2000 1 1 CY 2001 5 6 FY 2002 8 6 FY 2003 9 9 FY 2004 10 12 UNIT OF MEASURE: Number. SOURCE: Legislative Assembly. INDICATOR/DESCRIPTION: A “public hearing” is defined as a committee meeting announced by the Legislative Assembly at which citizens may submit input or testimony. The announcement may be done in any newspaper, radio spots, newsletter or WebPages. The numbers at right should be read as “the number f committees that held at least one public otal of 14 standing legislative eda F DATA reative Associates Inc. (U.S. Grantee) and , USAID CTO. only data for the first semester will reported. FY 2005* 6 3 o meeting.” There are a t committees. METHOD OF DATA COLLECTION: Files kept by Assembly/Dr. Armando Pin Navas, Manager. Assembly records. FREQUENCY/SCHEDULE O COLLECTION: Annually. RESPONSIBLE FOR DATA COLLECTION: C Mauricio Herrera COMMENTS: * In FY 2005, be SELECTED FOR REPORTING IN THE ANNUAL REPORT. ESULT NAME: More Effective Electoral Administration. R INDICATOR: Eligible voters with valid documents. YEAR PLANNED ACTUAL CY 2000 (Baseline) N/A 0 CY 2001 1,500,000 108,451 FY 2002 3,000,000 1,950,000 UNIT OF MEASURE: Cumulative Number. SOURCE: National Registry (RNPN) data. INDICATOR/DESCRIPTION: Eligible people are defined as those 18 years old or older. Eighteen is the legal age to obtain the Documento Unico de Identidad (DUI) or single-identity card and to vote. r the number of people with the DUI; ses the 1992 Census to project the number of F DATA –RNPN e is at the DUI will be used as the eligible oting document in the March 2004 Presidential e ng out of electoral related that time. FY 2003 3,300,000 3,291,564 METHOD OF DATA COLLECTION: RNPN reports fo u eligible people. FREQUENCY/SCHEDULE O COLLECTION: Annually. RESPONSIBLE FOR DATA COLLECTION: The Registro Nacional de Personas Naturales and Mauricio Herrera, USAID CTO. COMMENTS: As of November 1, 2002, the DUI will be the only official identity document; however, due to delays in the initial emission of the DUI, the traditional voter registration card will be used for th March 2003 legislative and mayoral elections. It planned th v elections. This indicator will be tracked only into FY 2003 as th Mission plans on phasi activities at RESULT NAME: Strengthened Local Government. INDICATOR: Number of municipalities with formerly established and operating community oversight committees. YEAR PLANNED ACTUAL CY 2001 (Baseline) 2 2 FY 2002 4 9 FY 2003 12 13 UNIT OF MEASURE: Cumulative number. SOURCE: Research Triangle Institute –RTI d by LLECTION: RTI and F DATA year easure the extent of greater transparency public management. FY 2004 15 17 (U.S. Contractor) and municipalities. INDICATOR/DESCRIPTION: A community oversight committee is formerly establishe a municipal ordinance. To be considered operating, it must meet at a minimum bi￾monthly and keep acts of their meetings. METHOD OF DATA CO municipal reports. FREQUENCY/SCHEDULE O COLLECTION: Annually. RESPONSIBLE FOR DATA COLLECTION: RTI and Ana Luz de Mena, USAID CTO. COMMENTS: Data is collected by fiscal and FY 2001 is the baseline. This indicator is being used as a proxy to m in RESULT NAME: Strengthened local government. INDICATOR: Locally generated funds/revenue in targeted municipalities. YEAR PLANNED ACTUAL CY 1996 (Baseline) N/A 3,934,490 CY 1997 4,721,388 5,339,288 CY 1998 6,140,181 6,498,608 CY 1999 7,478,694 7,703,415 CY 2000 8,716,948 8,512,351 CY 2001 10,069,355 10,077,142 FY 2002 11,633,597 10,554,154 FY 2003 14,000,000 1/ 16,204,741 UNIT OF MEASURE: Total amount in U.S. dollars of service fees and local taxes. SOURCE: Municipal Accounting/SAFIMU in those ets though 1998 is for rom 1999 – 2002 targets are based on 28 F DATA .S. Contractor) and Ana Luz de Mena, USAID 4 overnments. his may affect out year projections. FY 2004 16,000,000 1/ 14,131,042 municipalities that have it. INDICATOR/DESCRIPTION: The data at right represents the total amount of revenue generated from local fees and local taxes combined each year. Information and targ 18 target municipalities. F selected municipalities. METHOD OF DATA COLLECTION: RTI and visit to municipalities. FREQUENCY/SCHEDULE O COLLECTION: Annually. RESPONSIBLE FOR DATA COLLECTION: RTI (U CTO. COMMENTS: Estimates for FY 2003 and FY 200 may be adjusted in the first semester of FY 2003 as the Mission's local government strengthening project plans on graduating several municipalities and including some new target local g T 1/ Metas modificadas por incluir los 15 nuevos municipios. recimiento de los ingresos propios se han visto afectado negativamente por: a) El aumento del FODES; b)las campañas ectorales de alcaldes 2002 y presidenciales 2003 y c) La disponibilidad de fondos FISDL de concursos que les da más fondos donados. Los datos para el FY2004 se ven afectados porque solo se contaban con datos a junio/04, proyectándose para el último trimestre los mismos del 2003 para ese trimestre. NOTA: El c el RESULT NAME: Strengthened Local Government. INDICATOR: Funds allocated for investment in services and infrastructure in target municipalities. YEAR PLANNED ACTUAL CY 1996 (Baseline) N/A 1,253,343 CY 1997 3,664,305 1,587,892 CY 19981 3,675,880 7,390,044 CY 1999 6,889,538 7,682,483 CY 2000 10,407,000 9,529,743 CY 2001 11,660,000 11,534,884 FY 2002 12,425,000 14,439,153 FY 2003 20,000,000 1/ 26,568,900 UNIT OF MEASURE: Total amount in U.S. dollars (per year) SOURCE: Municipal records. INDICATOR/DESCRIPTION: This indicator monitors funds derived from two sources: GOES funds transferred to municipalities and funds generated locally by LLECTION: F DATA tractor) and Ana Luz de Mena, nt cluding some ew target local governments. This may eceive 6% of ational Budget by law. FY 2004 25,000,000 1/ 20,071,224 the municipalities. METHOD OF DATA CO Municipal documents. FREQUENCY/SCHEDULE O COLLECTION: Annually. RESPONSIBLE FOR DATA COLLECTION: RTI (U.S. Con USAID CTO. COMMENTS: Estimates for FY 2003 and FY 2004 may be adjusted in the first semester of FY 2003 as the Mission's local governme strengthening project plans on graduating several municipalities and in n affect out year projections. 1/ Municipalities began to r N 1/ Metas modificadas por incluir los 15 nuevos municipios. Los datos para el FY2004 se ven afectados porque solo se contaban con datos a junio/04, proyectándose para el último trimestre los mismos del 2004 para ese trimestre. RESULT NAME: Improved Court Case Preparation and Management. INDICATOR: Percent of reduction in average case preparation duration for homicide cases in target geographic areas. YEAR PLANNED ACTUAL FY 2002 (Baseline) N/A 39.30 days (Average) FY 2003 3% (38.1 days) 9.8% (35.5 days) FY 2004 6% (36.9 days) 10% (35.4 days) UNIT OF MEASURE: Cumulative percent reduction in the number of days. SOURCE: Attorney General’s Office, nate, n . nal TA COLLECTION: ases that apply alternative for this indicator is FY 2002. Tracking of this indi 2003. FY 2005 10% (35.4 days) Regional Offices of San Miguel, Sonso Usulután and Santa Ana. INDICATOR/DESCRIPTION: This indicator will measure the reduction in the average time duration (in days) that prosecutors take to prepare their homicide cases. It will be measured in four target geographic areas, in the Departments of Sa Miguel, Sonsonate, Usulután and Santa Ana METHOD OF DATA COLLECTION: DPK Consulting, Inc. (U.S. Contractor) requests specific information from the four regio offices of the Attorney General’s Office. FREQUENCY/SCHEDULE OF DATA COLLECTION: Annually. RESPONSIBLE FOR DA DPK Consulting, Inc. and Eva Patricia Rodríguez, USAID CTO. COMMENTS: This indicator only considers the cases actually reach the judicial system and does not take into consideration the number of c solutions or are closed before reaching the court level. The baseline cator will begin in FY 11.8% (34.7 days) SELECTED FOR REPORTING IN THE ANNUAL REPORT. RESULT NAME: Improved Court Case Preparation and Management. INDICATOR: Number of police delegations with adequate communication equipment. YEAR PLAN ED N ACTUAL CY 2000 (Baseline) 7 5 CY 2001 12 12 FY 2002 18 15 UNIT OF MEASURE: Number of police delegations (cumulative) SOURCE: ICITAP reports. INDICATOR/DESCRIPTION: Number o police delegations with portable radios to support community-policing programs. inimum adequate communication i f s defined here are 21 police delegations in El LLECTION: PNC F DATA P and Eva Patricia Rodríguez, USAID of 1 radio this indicator may not be tracked in FY 2003. FY 2003 21 - M as 1 radio for every 4 officers. T Salvador. METHOD OF DATA CO through ICITAP. FREQUENCY/SCHEDULE O COLLECTION: Bi-annually. RESPONSIBLE FOR DATA COLLECTION: ICITA CTO. COMMENTS: Calculations are based on the number of radios provided by the PNC plus portable radios and parts provided by USAID. In 2000, it is calculated that the PNC had about 1,500 workable patrol type radios. In FY 2001, USAID provided 1,000 radios and in FY 2002, 800 additional radios. In total, the PNC needs about 4,500 radios to meet the minimum adequate coverage ratio for every four officers. Depending on Congressional authority to allow USAID/El Salvador to continue working with the PNC and the community policing initiative, RESULT NAME: Increased Used of the Justice System. INDICATOR: Number of Mediation and Justice Centers established. YEAR PLANNED ACTUAL FY 2002 (Baseline) 2 2 FY 2003 4 6 FY 2004 5 8 UNIT OF MEASURE: Cumulative number of Centers. SOURCE: Counterpart institutions INDICATOR/DESCRIPTION: A Mediat Center provides mechanisms for alternative dispute resolution. Host municipalities and/or the P ion ublic Defender’s Office may onsor these Centers. A Center is staffed terpart d COMMENTS: Tracking of this indicator began in FY 2002. FY 2005 7 25 sp and paid by for the host country coun institution. METHOD OF DATA COLLECTION: Counterpart reports. FREQUENCY/SCHEDULE OF DATA COLLECTION: Annually. RESPONSIBLE FOR DATA COLLECTION: DPK Consulting, Inc. (U.S. Contractor) an Eva Patricia Rodríguez, USAID CTO. SELECTED FOR REPORTING IN THE ANNUAL REPORT.