Nadia_Balgobin by chenshu

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									 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

                                              www.transparency.org
   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
Uniqueness
What 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

								
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