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