www.transparency.org
UN OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS – SOCIAL FORUM 2008
The Social Dimension of the Globalization Process: Good Governance/Corruption
A Practical Experience
ADVOCACY AND LEGAL ADVICE CENTRE (ALAC)
1st-3rd September 2008
What is an ALAC ?
Centre at which victims of corruption receive legal advice by lawyers to file a complaint and to pursue it with relevant public institutions
Approach: Why is an ALAC necessary?
Reject notion of apathetic citizens
Empower citizens
Help ordinary citizens to become active
Translate concerns into systematic changes
Past: Anti-corruption work was somehow perceived as an “expert”
subject
Need to have both bottom-up (e.g., ALAC) and top-down
One without the other will not work
ALAC Methodology
Four Components:
1. Receipt Complaint: Hotline/Office
2. Legal Advice
3. Advocacy
4. Capacity Building
ALAC – Core Activities
1. Receive Complaint: initial contact via telephone hotline or on-site visit:
– Advice about rights
– Identify “real” acts of corruption
2. Legal Advice:
– Help articulate, develop, file and pursue a complaint
ALAC – Core Activities
3. Advocacy:
– Authorities: accompany cases
– Media: raise public awareness about complaint sectors/ institutions and legal vulnerabilities
4. Capacity Building:
– Impetus for policy and institutional reform
– Support authorities to strengthen their capacity to process complaints
UniquenessWhat is the difference to other
hotlines and legal advice centers?
Narrow focus of corruption Specific expertise High quality services TI ‘brand name’: reputation opens doors
– Trusted and known by the public– Respected by policy makers
Practically:How to Set-Up an ALAC?
Permission for Phone number ALAC website Citizen’s Guide Recruit and Train ALAC staff Directory Database (statistics)
Receipt of Complaint -How to Identify a “Real” Case of Corruption?
1. Does it fall under TI corruption definition: “Corruption is the misuse of entrusted power for private gain, whether in the public or private sector, in the scope of satisfying some personal or group interests.”
2. Does evidence exist?3. Vulnerable group?4. Are all other institutions used?5. Compliance with all judicial administrative
procedures?
Legal Advice -How to Provide Legal Advice?
Explain legislation Identify weaknesses Identify legal code under which authorities are
being urged to investigate Draft complaint Ready to be forwarded to responsible institution Identify competent institution Ensure complaint is signed by client, not by TI Draft accompanying cover letter
Partnership with Government
ALACs are often welcome by government: Well-documented / articulated cases
facilitate government work Growing awareness of benefits of a
strong civil-society Signing of Memorandums of
Understanding to ensure cooperation even in difficult cases
Media
Raise public awareness Advocate via public media pressure Regulate volumes of incoming calls Usage of Media:
– Campaign for ALAC Opening– Conduct regular press conferences– Host of radio ‘phone-in’ shows– Facilitate contacts between ALAC users
and investigative journalists
When is a Case Closed or Resolved?
Issue exceeds ALAC mandate Client misses agreed deadline/meeting Case is resolved when act of corruption
was rectified by individual or organisation which committed the offence
Case is resolved when victim feels satisfied
Limitations -What limitations do ALACs face?
TI does not represent clients or ‘take on’ their cases in court
Advice only offered for proven corruption
No advice where a final court decision exists
No advice to magistrates, lawyers and other categories of legal professions
No recommendation for lawyers
Where are ALACs?
Albania, AzerbaijanBosnia I Herzegovina, Bulgaria, Czech Republic, Croatia, Kazakhstan (Almaty), Kyrgyzstan, Macedonia, Moldova, Montenegro, Poland, Serbia, Slovakia, Romania, Ukraine, Zambia, Kenya, Haiti, Guatemala….
Evidence of Success
External evaluation in BiH, Romania, Macedonia:
Cases range from petty to grand corruption Initial cases concern ‘petty corruption’, as
centers become better known, much larger cases were brought to light
Impact difficult to measure (e.g. changes in laws, resignations, prosecutions)
Compelling evidence: encourage ordinary citizens to become engaged
Evaluation Statistics
Initial results: over 5,000 individuals contacted three ALACs in their first year of operation
Hotline: 50% of calls: not pursued
Advocacy: 20% of cases: referred by ALAC to authorities
Result: 15% of cases are resolved
In What Areas Are Most Cases?
All Sectors and Areas of Society are covered:
Administrative:
– Government Inspections of Business and Licenses/Permits
– Public Procurement
Judicial malfunctioning (criminal proceedings)
Privatization (asset stripping)
Expansion of ALAC Model
Good Reasons for Expansion:
Important development in the fight against corruption
Hope to individual victims Important test-bed to ensure that
anti-corruption reforms are firmly rooted in reality
Remarkably cost effective
Conclusion
To be more successful
We need effective legal reform to take place
Commitment from State Parties on the signature, ratification of the United Nations Convention Against Corruption (UNCAC)
Partner with Human Rights Institutions & civil society group as well as international institutions and the governments