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

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