The Fund:

Esquel and the United States Agency for International Development (USAID) subscribed an agreement in 1998 -renewed since then-, which marked the operational beginning of the Justice and Society Fund. The Fund’s main goal is to strengthen the rule of law and a social State in Ecuador. In particular, it seeks the consolidation of democratic institutions by promoting public policies. It furthers transparency in public affairs and citizens participation in achieving sounder democratic practices in Ecuador.

Since 1999, the Fund has financed 63 projects with the participation of 86 institutions: 11 universities, 57 civil society organizations and 18 public sector institutions. During this period, the Fund’s role has evolved from “financing source” to implementer of several activities, particularly those considered of key importance within the system. Esquel has thus become a reference in the field of justice in Ecuador.

Access to justice

Public defence
The Justice and Society Fund promoted the debate in Congress of the Draft Bill for Public Defence. It organized seminars, debates, training sessions and a communication campaign that culminated with the passing of the Bill on November 1, 2006. Thousands of low-income citizens who cannot afford to pay for private counsel will benefit from this law. Nevertheless, it will enter into force in a year’s time since the Executive power has vetoed its implementation due to the lack of resources.

Legal assistance services
The 11 legal assistance services that receive technical and financial support of the Fund have provided legal aid to 10,408 individuals; 4,900 of these cases concern sponsorships, i.e. legal representation, and 5,508 cases concern technical legal assistance.

Criminal Procedures System
Assessments of the Criminal Procedures System. The Fund has carried out two research assessments on the criminal justice system in Ecuador: the first in 2001, and the second in 2005-2006. The findings obtained provided a sound picture of criminal justice in Ecuador and enabled the adoption of corrective measures and improvements in the quality of services.

Training
Specific training has been imparted to 437 magistrates and members of criminal courts and 958 support staff members of the Judiciary, together with 240 prosecutors, 31 public defenders, 45 criminal law university professors and 355 independent lawyers.

Commission for the Criminal Procedures System Reform
The Justice and Society Fund operated as an ad hoc secretariat of the Commission for the Criminal Procedures System Reform.  It acted as a forum for inter-agency coordination, which made possible major initiatives such as:

• The implementation of a Plan for Adjustment to the Criminal Procedures System which  identified activities that would help rectify and improve the system’s application.
• A package of reforms to the Criminal Procedures Code, agreed upon by consensus by all justice administrators.
• The Draft Bill for the creation of the Ombudsman Office.

Citizens’ Participation

Four Justice Oversight Observatories
The observatories, initiated by the Justice and Society Fund, aim at involving citizens in monitoring, auditing and information-gathering activities regarding  the administration of justice. Four such observatories are currently operating in Loja, Ibarra, Manta – Portoviejo and Guayaquil. The purpose of the observatories is to gather information on the administration of justice in these towns, the problems encountered and any progress made.

Justice Networks
The Fund promoted the creation of justice networks in 2000 and has supported their consolidation since then. The 45 member organizations of the networks in Quito, Guayaquil and Cuenca have contributed to the strengthening of the justice system in Ecuador. One of the most influential actions was the citizen’ oversight initiative organized in 2005 during the selection and appointment of the current members of the Supreme Court of Justice. The network was publicly acknowledged for its work.

Access Coalition
The Fund, as a member of the Access Coalition, has promoted the adoption of the Transparency and Access to Public Information Act. Since then, the five member organizations of the Coalition work to “promote the practical exercise of the right of access to information, in order to strengthen the democratic system and further the exercise of a more committed and participatory citizenship”

Human Rights
•  The Fund supported a baseline survey on the sexual exploitation of children and adolescents in Santo Domingo de los Colorados as well as the approval of a municipal decree to fight this problem in the canton. The work was carried out by Save the Children International with the support on the local Municipality.
• The Fund fostered the creation of a Network of Indigenous Ombudsmen composed by 40 members of nearly 20 communities around the country.

Transparency
• The Fund supported the implementation of transparency models within local governments in the municipalities of Rumiñahui, Cotacachi, Guamote, Otavalo and Quito.
• It also supported the development of the Code of Ethics for the Metropolitan District of Quito Employees with the participation of municipal officials.
• It has supported the development of a curriculum program on Education on Values, which was officially approved by the Ministry of Education.
• It contributed to the creation of the Citizens Oversight Observatories for the Right of Women and Children to a Violence-free Existence and for Public Safety. 
• It supported the creation and implementation of a judges and magistrates performance assessment system using quantitative factors (production) and qualitative factors (quality of management).

Publications
Since its inception, the Justice and Society Fund has published 56 research papers, handbooks and manuals, reports and draft bills.