End of Commitment Report – State legislation in the area of Everyday Justice

Name of Evaluator

Carlos de la Peña Jiménez O’Farril, Daniel Rosemberg Cervantes Pérez, Jesus Ponce Rubio

Email

carlos.delapena.j@gmail.com, drosemberg@gmail.com, jponce9911@gmail.com

Member Name

Mexico State, Mexico

Action PlanAction plans are at the core of a government’s participation in OGP. They are the product of a co-creation process in which government and civil society jointly develop commitments to open governmen... Title

Action plan – Mexico State, Mexico, 2021 – 2022

CommitmentOGP commitments are promises for reform co-created by governments and civil society and submitted as part of an action plan. Commitments typically include a description of the problem, concrete action...

State legislationCreating and passing legislation is one of the most effective ways of ensuring open government reforms have long-lasting effects on government practices. Technical specifications: Act of creating or r... in the area of Everyday JusticeTo address barriers that prevent citizens from having their justice needs met, OGP participating governments are working to expand transparency, accountability, and inclusion into all systems of justi...

Action

Draft a Law on Everyday Justice, which provides for the use of itinerant justice mechanisms, early legal aidMore and better information about aid helps partner countries and donor institutions plan and manage aid resources more effectively, parliaments and civil society to hold governments accountable for t... and the use of alternative dispute resolution mechanisms. This legislation will provide citizens with the guarantee of prompt, affordable, efficient, effective justice that restores social peace and human relations. Likewise, this legislation should consider, as a preponderant axis, the training of public servants in the different levels of government and in the different branches of government in mediation and should promote access to procedures and services, bring justice closer to the most remote places, strengthen the use of ADR and link citizens and organised civil society so that they can actively participate in the solution of their own neighbourhood conflicts.

Problem

Lack of regulations that oblige institutions to have inter-institutional coordination in the area of everyday justice and that provide for schemes to strengthen the use of ADR (Alternative Dispute Resolution) linked to the attention of the police.

1.1 What was the overall level of progress in the commitment implementation at the time of this assessment?

complete

Provide a brief explanation of your answer:

The commitment was satisfactorily fulfilled through the publication of the Law of Everyday Justice of the State of Mexico in the Official Gazette of the Government on March 10, 2022, which aims to promote access to Everyday Justice in the entity through institutions, procedures, and instruments that provide an effective solution to legal conflicts arising from the daily coexistence of people, except those whose scope of competence corresponds to the judiciaryWhile a majority of open government reforms occur within the executive branch, OGP members are increasingly taking on commitments to increase the openness of the judicial branch. Technical specificati.... As well as establishing the basis for coordination between authorities, and public and private institutions to bring administrative or legal services to remote or hard-to-reach communities, through public policies that promote and encourage itinerant justice on a permanent basis.

1.2 Describe the main external or internal factors that impacted implementation of this commitment and how they were addressed (or not).

The Secretariat of Justice and Human RightsAn essential part of open government includes protecting the sacred freedoms and rights of all citizens, including the most vulnerable groups, and holding those who violate human rights accountable. T... as the institution responsible for the implementation of the commitment had the resources to carry out the commitment. In terms of external factors, although it is true that it is already regulated, it is also true that it is a relatively new term for citizens and they are still unaware of the benefits of accessing daily, alternative and itinerant justice.

1.3 Was the commitment implemented as originally planned?

All of the commitment milestones were implemented as planned

Provide a brief explanation of your answer:

As stated in the commitment, the Law of Everyday Justice of the State of Mexico promotes access to Everyday Justice through institutions, procedures, and instruments that provide effective solutions to legal conflicts arising from the daily coexistence of people, except those whose scope of competence corresponds to the judiciary. Including early legal assistance, itinerant justice, attention to the settler, and the use of alternative dispute resolution mechanisms.

Provide evidence for your answer:

• Everyday Justice Law of the State of Mexico 

2.1.1. – Did the government disclose more information; improve the quality of the information (new or existing); improve the value of the information; improve the channels to disclose or request information or improve accessibility to information?

Yes

Degree of result:

Major

Explanation: In narrative form, what has been the impact on people or practice.

The Law of Everyday Justice contemplates and offers citizens the peaceful solution of conflicts through other non-judicial means, which allows a prompt solution to everyday conflicts arising as a result of coexistence and social interaction in people’s daily lives. This is made visible through various programs such as Caravanas por la Justicia Cotidiana (Caravans for Everyday Justice), which brings free legal procedures and services to citizens and offers various legal means for conflict resolution.

2.1.2. – Did the government create new opportunities to seek feedback from citizens/enable participation inform or influence decisions; improve existing channels or spaces to seek feedback from citizens/enable participation/ inform or influence decisions; create or improve capabilities in the government or the public aimed to improve how the government seeks feedback from citizens/enables participation/ or allows for the public to inform or influence decisions?

Yes

Degree of result:

Major

Explanation: In narrative form, what has been the impact on people or practice.

In practice, it has had a notorious impact since it is aimed at protecting vulnerable groups within the state territory, reducing the legal marginalization of the people of Mexico, eliminating the barriers that impede access to justiceAccessible justice systems – both formal and informal – ensure that individuals and communities with legal needs know where to go for help, obtain the help they need, and move through a system tha... More, and giving priority to the solution of conflicts over procedural formalisms.

2.1.3 Did the government create or improve channels, opportunities or capabilities to hold officials answerable to their actions?

Yes

Degree of result:

Major

Explanation: In narrative form, what has been the impact on people or practice.

Since the Law regulates the application and implementation of daily justice in the entity and makes it mandatory with its publication in the official media, which implies that itinerant programs such as Caravanas por la Justicia Cotidiana create public policies that transcend in the legal life of the Mexicans.

2.2 Did the commitment address the public policy problem that it intended to address as described in the action plan?

Yes

Provide a brief explanation of your answer:

The objective of having the regulations that require institutions to have inter-institutional coordination in matters of daily justice and that provide for the use of alternative means of conflict resolution was met through its publication in the Official Gazette of the Government on March 10, 2022.

3. Provide at least one lesson or reflection relating to the implementation of this commitment. It can be the identification of key barriers to implementation, an unexpected help/hindrance, recommendations for future commitments, or if the commitment should be taken forward to the next action plan.

Progress in improving public policy and access to justice on a daily basis, through linkages and collaboration between the different branches and orders of government.
The publication of this law provides the citizens of Mexico with a more complete regulatory framework that allows them to have greater access to justice in a free, accessible, and timely manner, giving legal certainty to the most sensitive rights of citizens.