THE CASE STUDIES
the Assembly until 1994, when selective reforms were passed and a new method of selecting the CNJ was finally approved. The new procedure for electing the members of the Supreme Court resulted in a CNJ which was more politically independent, more pluralistic in its makeup and more professional. A current crisis between the Legislative Assembly and the Constitutional Chamber of the CNJ underscores the still fragile process of institutionalizing the organs of rule . of law.
The 2000s: addressing the underlying challenge of societal violence By 1997, considerable advances had been made in most of the areas related to compliance with the Peace Accords, although most democratic institutions and reforms remained fragile. Despite the important contribution of the Peace Accords in setting in motion a democratic transition, Salvadoran society reflected a number of phenomena which continued to impede the consolidation of democratic governance. Among these were: •• a still fragile human rights protection system, which revealed its vulnerability to political manipulation; •• an electoral system whose modernization and democratization encountered numerous obstacles; •• a still highly polarized political culture that translated into legislative stalemate, with political parties that did not enjoy high levels of public confidence; •• a cumbersome, centralized state apparatus whose efficiency, transparency and accountability was questioned; and .
70 Supporting Transformational Change
•• the absence of political and institutional instances or capacities to negotiate and resolve social conflicts, such as between labour and capital. Moreover, it became clear that progress towards human rights and democratic governance was being undermined by the waves of violence that were increasingly engulfing the country and threatening the essence of the 1991 Peace Accords. The roots of this violence in El Salvador are deep, and have been part of the historical landscape in different forms since long before the civil war. However, the political violence that erupted into the bloody civil war was replaced by a growing social and criminal violence after the Peace Accords. This threatened to claim a higher number of victims than the war had. Not only did this violence have profound implications for democratic governance but it posed a threat to social cohesion and was an obstacle to human development. Addressing this profound challenge was to become a key focus area of UNDP’s programmatic efforts over the next 14 years. In designing programmes to address violence, UNDP began by seeking a greater understanding of the issue. It conducted a series of conferences and workshops, drawing on the experience and insights of prominent Salvadoran professionals from all walks of life. This participatory analysis identified a wide variety of factors – weak institutions, the consequences of the civil war, the easy availability of weapons, psycho-social factors, cultural patterns, international organized crime in narcotics and arms trafficking, etc. – and it identified a number of specific programmes. Although this diagnosis emphasized many facets of endemic violence, programmatic action was especially focused on the most visible manifestation, namely improving control of firearms, building upon the early efforts of