Strengthening the Transparency and Accountability of the Judiciary This activity is being co-TTLd by Maria Gonzalez and David Varela  The development objective of the proposed IDF grant is to strengthen the capacity of the Supreme Court to advance a change management and communications (CM&C) program that fosters integrity and transparency in the Judiciary, within the framework of the Access to State Public Information Act. Specific objectives are: (a) support the Judiciary's implementation of the Access to State Public Information Act; and (b) facilitating nation-wide access to peer-to-peer knowledge (including lessons learned and best practices) on disclosure of judicial information to enhance transparency and accountability in selected OECD countries. Link to CAS and/or ESW (core diagnostics, e.g., CPAR, CFAA, PER, CEM, etc.), and relationship to Bank operations The objective of the latest Country Partnership Strategy (CPS)   was to help realizing Chile's goal of convergence with OECD income levels and living standards through faster growth and greater equality of opportunity. The CPS was therefore designed to meet the changing needs of a highly successful, globally integrated middle income country (MIC). The CPS also notes that strong macroeconomic fundamentals and outward looking trade policies have been accompanied by governance reforms that have progressively increased efficiency and transparency, and have given Chile a well-deserved reputation for "clean" government. Out of 159 countries assessed by Transparency International in 2009, Chile was ranked twenty-third with a score of 6.9 out of a "clean" score of 10. One of the goals of public sector strengthening-an area of country-Bank cooperation under the CPS-was to give greater voice and participation to citizens. The adoption of the Access to State Public Information Act was a significant step in this direction, and its effective implementation will contribute to foster the demand for accountability. These goals are also fully consistent with the overall Bank GAC strategy and its implementation plan, which highlight transparency and accountability as key elements for good governance. On the justice sector side, the Chilean Judiciary has partnered with WBI in a regional transparency and accountability program that includes the participation of judicial officials in peer learning events and the coordination of institutional assessments with local stakeholders. WBI's program follows a participatory approach linked with peer-to-peer knowledge-sharing and learning, across LCR countries. The program will bring together various stakeholders (sector authorities, civil society, academia, private sector, media) around the design and implementation of reforms proposals to improve transparency and accountability in the judiciary. This program is implemented in partnership with regional institutions, such as the Latin American Judicial Summit (LAJS), the Justice Studies Center for the Americas (CEJA) and the Due Process of Law Foundation (DPLF) and aims at engaging key regional leaders in a process of institutional reforms. In May 2009, the Chilean Judiciary hosted an event in Santiago that marked a breaking point in the discussion of transparency and accountability issues among the regional judiciaries, helped WBI to complete the design of the regional program, and opened a window of opportunity to explore other forms of Bank support. WBI's technical assistance is currently helping the Judiciary to develop: (a) a baseline diagnostic analysis to identify institutional gaps and challenges, and to establish indicators of transparency and accountability; and (b) an action learning program with other five countries to facilitate an intensive exchange of experiences among peers and foster cooperative solutions. The action-oriented program follows a participatory learning approach that integrates analytical and empirical rigor with multi-stakeholder engagement and coalition-building techniques. Following WBI's methodology, the program consists of several interlinked phases, which together provide a platform to create commitment around institutional reforms to improve the levels of transparency and accountability in the justice sector. This IDF grant will provide the Bank an opportunity to develop a close relationship with one of the most prestigious judiciaries in the region. Informal discussions between CMU/SMU senior staff and the Supreme Court have taken place during the last six months regarding the various instruments that the Bank might use to support the Chilean Judiciary. An IDF was identified as the most suitable instrument. A formal request to prepare an IDF grant proposal addressing the three priority areas identified by the Court (public trust, accountability and communications strategy) was received in early January. This IDF will finance a small program complementary to that of WBI that can help building a long-term relationship with the Supreme Court. This proposal was prepared jointly by the Supreme Court- CMU/SMU/WBI/EXT team. It is an innovative proposal that not only addresses the immediate needs of the Chilean judiciary but also may have replication potential in other countries participating in WBI program (Brazil, Costa Rica, Paraguay and Uruguay). Relationship to country/recipient's development program, including donor activities In 2006 Chile ratified the 2003 United Nations Convention against Corruption that requires each country to promote public education and training programs to meet international standards for the rightful, honest and proper performance of public duties, and to enhance awareness of the corruption risks inherent in the performance of such functions. This IDF grant will contribute to fulfill this international commitment at the level of the Judiciary. As a State policy, Chile has advanced a "cumulative reforms" strategy on integrity and transparency in the public sector. Congress has approved a number of legal and institutional reforms to fight corruption, develop accountability and access to public information, and citizen oversight. Outcomes on the Executive Branch have been highly successful (Chile is usually one of the top Latin American countries in international rankings),   and the Judiciary now wishes to continue raising its integrity and transparency standards, building on the achievements of the Executive. The Access to State Public Information Act has provided the country with a strengthened framework to prevent and fight corruption. The Act establishes the citizens' right to public information and a constitutional protection procedure, provides sanctions for offending public officials, and creates the Transparency Council. This Act represents a major cultural change in the public sector (especially for the Judiciary)  which will not be accomplished in the absence of an institutional strengthening program that establishes adequate arrangements and ensures key officials are prepared/ready to deal with the new legal mandates. The dissemination of reliable information about the new rules and good practices is also essential to raise awareness about new rights and empower citizens faced with information barriers. The Chilean Judiciary has a solid track record as a leading reformer in LCR, including difficult and challenging reforms like: (a) modernization of judicial processes which reduced delays in justice delivery; (b) introduction of the oral-based argument system and public hearings as the basis for criminal justice reform; and (c) partnerships with accountability institutions in Chile (i.e., the Attorney General, the Comptroller General, the Constitutional Court and others) to work together with the common objective of improving accountability. The three priority areas selected by the Supreme Court for this IDF grant (accountability, communications, perceptions) are intimately connected, and this proposal focuses on addressing the traditional problem of partial/unreliable perceptions by citizens with innovative solutions based on a mix of public communications with change management strategies. The communication dimension will be concentrated on citizens' perceptions, as the Chilean Judiciary has generally received positive reviews in the international arena benefitting from the prestige of the country's political/economic reforms during the last two decades. Communication campaigns will clearly separate the responsibilities of the Judiciary from those of other agencies of the justice sector (such as the police or prisons administration) as an essential first step to further clarify its own responsibilities, and allow citizens, Congress and the Executive to focus on where real reforms may be needed. The Chilean judiciary acknowledges that it has traditionally been an enclosed, self-sufficient institution that has not absorbed some modern public service values or has not taken advantage of opportunities to market quality services. The change management dimension will deal with: 1) Integrity and attitudinal changes needed for the Chilean Judiciary to produce regular, quality and timely information for the use of outside stakeholders. Change management will also help the Judicial policy-makers to take a closer view at inputs, processes, outputs and outcomes with impact on citizens' perceptions about transparency and accountability. The Judiciary will be able to tackle integrity issues through a solid framework that maintains and enhances national standards. It will improve its capabilities to prevent corruption through a capacity-building and awareness-raising strategy that generates an integrity culture within the court system, the creation of an institutional network responsible for advocating integrity, and developing judicial official's skills (not only knowledge, but mostly attitudes and behaviors) through a broad capacity-building program. 2) A leadership and management program for senior executives and high-level judicial officials that will allow them to lead by example other court staff, while periodically identifying and disseminating best practices in this field. 3) The establishment of an institutional network (including communication/information officials) will provide a sustainable institutional arrangement for the full-fledged implementation of the Access to State Public Information Act. This network will facilitate senior management action on integrity and transparency matters through a wide operational and territorial coverage, including courts located far away from Santiago. Description of the IDF-financed components and activities Component 1 - Change management and communications strategy CM&C is a sophisticated area of growing interest in Chile and elsewhere in Latin America. A number of prestigious Chilean firms are already active in this field with solid local and international experience. The Chilean Government is increasingly using this critical tool of public sector reform (for instance, in the context of the recent pension reform). A CM&C strategy is also being developed by the Comptroller General's Office. The process of preparing such a strategy will also help the Judiciary to better ascertain its own needs and priorities, and engage a wide range of judicial staff in one of the most dynamic and promising areas of public sector reform. As a precedent/reference for the development of the TORs of specific activities, the IDF grant will take into account the CM&C strategies developed by the Bank as part of its advisory services for the reform of the Secretariat of Finance and Public Credit (SHCP) in Mexico, and the Ministry of Finance (MEF) of Peru around performance management reforms. Specifically for Chile, it will consider the work advanced in the context of the Bank's support for Chile's Evaluation Program and Performance Improvement Program (PMG). This component will comprise: "   design and implementation of the Chilean Judiciary's internal and external communications strategy to support its transparency and accountability program by: (i) conducting a diagnostic of the Chilean Judiciary's communication needs and priorities; (ii) strengthening the communication units of the Judiciary, and adopting the Judiciary's communications manual; (iii) piloting awareness-raising campaigns about justice sector issues (with a focus on transparency and accountability) among other state agencies, civil society, the private sector and the general public; (iv) piloting education campaigns about citizens' access to information rights in connection with the justice sector, and the available access mechanisms; (v) strengthening the relationship of the Chilean Judiciary with the media at the national and regional levels; and (vi) re-designing of the Judiciary's web portal and intranet, to facilitate citizen's access to information, and the Judiciary's own proactive disclosure initiatives, as well as electronic feedback on the results of the communications strategy; and "   establishment of accountability mechanisms for managers and operators of the Chilean Judiciary through the: (i) adoption of permanent oversight and feedback tools for the Judiciary, based on the dissemination of reliable information among external stakeholders, the receipt of regular feedback through the website and special hotlines,   and periodic meetings among judicial policy-makers and leaders of the private sector and civil society; (ii) generation of dialogue spaces to facilitate the interaction between regional authorities and stakeholders, about standards of accountability and transparency like periodic workshops, seminars and conferences; and (iii) design and implementation of a pilot change management strategy in selected Judicial Offices aimed at modifying the cultural traits prevailing among judicial staff that limit the effectiveness of transparency/accountability mechanisms. Component 2 - Establishment of a knowledge exchange platform to facilitate access to international best practices on transparency and accountability Beyond the access to peer-to-peer knowledge provided by WBI's regional program, the Chilean Judiciary has also identified the need to "know-how" successful transparency and accountability strategies have been implemented in other OECD countries and to disseminate such knowledge through the whole court system. This component will support a knowledge-sharing mechanism on transparency and accountability that facilitates exchanges on key issues at various levels (senior management and operational staff). The platform will comprise internships, virtual exchanges, seminars, workshops, field visits, and content development (lessons learned and case studies). Initially, this mechanism will involve representatives of judicial bodies from Australia, France, Italy, Spain or the UK. This initiative will be complementary to OECD's Open Government Initiative. Partnerships with other donors and multilateral organizations such as the IDB and CEJA will be explored. This component will include the following activities: "   the establishment of a network of the key judicial officials responsible of facilitating access to information and promoting staff integrity. This network will comprise only key positions (senior management and high-level professional staff) within the court system. Network members will play a leadership/advisory role on integrity and transparency matters for other judicial staff, and will facilitate the implementation of the Access to State Public Information Act. The IDF grant will finance: (i) the design of an administrative/operational system for the network, anchored in a permanent steering committee that will be in charge of coordinating actions to raise awareness and motivate participants, and defining contact and communication channels; and (ii) the design of an ICT module within the Judiciary's intranet to manage the network information flows. "   a training-of-trainers program for members of the transparency/accountability network that will lead the capacity-building process in their own court offices. This program will avoid dispersion of training efforts on integrity and transparency, and will ensure a cross-cutting view of key issues. TORs will be developed in partnership with WBI, GDLN, higher education institutions in Chile, and civil society organizations. The program will include: (i) an international internship program in other OECD countries for selected judicial officials active in the steering committee in charge of managing the institutional network on integrity and transparency; (ii) a course in Santiago on leadership and management for the key judicial officials members of the network. As these officials will play a leading role in facilitating the implementation of the Access to State Public Information Act, and in promoting integrity, they have to be "certified" as leaders/advisors in transparency/accountability topics in a way that they can provide guidance to other judicial staff; (iii) an international seminar in Santiago on the OECD lessons learned and best practices. This seminar will not be limited to judicial officials but open to civil society, private sector, and academic institutions; and (iv) regional seminars organized by network members for the benefit of non-network members that will reach judicial staff in the country's fifteen (15) regions. These seminars will feature participatory methodologies and case studies relevant to local conditions. Likely outcomes of IDF-financed activities Outcome 1: The Judiciary develops and implements a CM&C strategy. Outcome 2: The Judiciary establishes accountability mechanisms. Outcome 3: Perceptions of Chilean citizens about the transparency and accountability of the Judiciary improve as a result of the CM&C strategy and the accountability mechanisms. Key monitoring indicators (maximum of 3) Indicator 1: Number of the Judiciary communications units strengthened. Indicator 2: Number of citizen feedback messages received and processed through the revamped transparency/accountability portal of the Judiciary. Indicator 3: Number of judicial officials benefitting from the knowledge exchange platform. The development objective of the proposed IDF grant is to strengthen the capacity of the Supreme Court, and its Communications department in particular, to design and implement a change management and communications (CM&C) program that builds on the values of integrity and transparency espoused by the Judiciary and allows the institution to get closer to the citizens it serves. This objective will take place within the framework of the Access to State Public Information Act.