Advocacy and Legal Advice Centre (Alac)

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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UN OFFICE OF THE HIGH COMMISSIONER FOR

HUMAN RIGHTS – SOCIAL FORUM 2008

ADVOCACY AND LEGAL ADVICE

Centre at which victims of corruption receive

1. Receipt Complaint: Hotline/Office

1. Receive Complaint: initial contact via

 Narrow focus of corruption

 Permission for Phone number

1. Does it fall under TI corruption definition:

ALACs are often welcome by government:

 Raise public awareness

 Issue exceeds ALAC mandate

 TI does not represent clients or ‘take on’

Albania, AzerbaijanBosnia I Herzegovina,

External evaluation in BiH, Romania, Macedonia:

 Initial results: over 5,000 individuals

All Sectors and Areas of Society are covered:

Good Reasons for Expansion:

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