Seminar on ‘Advocacy and Legal Advice Centre’

16th July, 2009
The ALAC seminar was held on 16th July 2009 at the Avari Towers, Indus Suite. The attendees were the guests invited to the event, representatives from various NGOs related to the cause of advocacy, and the speakers at the event. Both print and electronic media coverage was provided throughout the seminar.

Mrs. Nargis A. Mirza, Assistant Project Coordinator at Transparency International Pakistan was the Masters of Ceremony for the proceedings.

Mrs. Mirza invited the speakers onstage, comprising of Mr. Saad Rashid, Executive Director, TI-P, Justice (R) Salim Akhtar, Honorary D.G. Supreme Judicial Academy, Justice (R) Haziqul Khairi, Ex-Chief Justice, Federal Shariat Court, Mr. Sohail Muzaffar, Advocate Supreme Court, and Mr. Amarnath Motumal, Advocate High Court, and member of HRCP.

The recitation of a passage from the Holy Quran followed, given by Mr. Naseem Ahmed Siddique of TI-P.

The opening address was given by Mr. Saad Rashid, who introduced the gathering to Transparency International and Transparency International Pakistan, its purpose and activities, especially in Pakistan. He also spoke on ALACs, their origins and the purpose they serve in a society, and their usefulness.

The inaugural speech was given by Justice (R) Salim Akhtar, who spoke of the corruption culture which is cancerous to all segments of society and walks of life but the people are helpless spectators. He expressed his feeling of encouragement upon seeing individuals who want to make a positive change, and desire to see corruption rooted out. He spoke at length of corruption and its diverse meanings, how it can apply to any office, institution, in any forum or public. He emphasized that everyone is subservient to the law and no one, however high or low he may be, is above the law. He said rule of law and accountability must go together. He ended his speech by saying that the first step in respecting the law should be self-discipline, only then we can proceed further to accountability.

The second esteemed speaker was Justice (R) Haziqul Khairi, who spoke on the rule of law and corruption. He said that the struggle for rule of law launched by lawyers countrywide has culminated successfully with the restoration of judiciary to its position. He lamented that within the time frame given it’s not possible to address all aspects of rule of law and the events which led to its denial. He noted that two of the most significant offices for the poor man have been sadly neglected and undermined, namely the Federal Shariat Court and the Institution of Mohtasib (Ombudsman) at the Federal and Provincial levels in Sindh, Punjab and Baluchistan. He considered it an irony that the Federal Shariat Court doesn’t have as much independence and regard as other superior courts of the country. He pointed out the role of the Ombudsman and the vital role it can play in dealing with matters related to corruption malpractices and civil liberties, where there are no court fees or charges payable. He emphasized that the office of the Ombudsman is known as the poor man’s court, and that this system has been functioning in more than a 105 countries around the world. Justice (R) Haziqul Khairi recalled two painful experiences while he held the office of Ombudsman Sindh where his authority was undermined. In the end he advised that the superior courts should own, strengthen and protect the institution of Ombudsman, the poor man’s court. With their blessings, the Ombudsman will not only share much of the burden of the superior courts but will also provide speedy and effective justice to the poor man.

The next person to be invited to the podium was Mr. Sohail Muzaffar, who gave his speech relating to ALACs. He recalled how the idea of ALACs was floated somewhere in December 2008 by Mr. Syed Adil Gilani, Chairman, TI-P. What followed was the ALAC workshop which took place in Azerbaijan, Baku, in January, 2009. After attending the 11-country participatory workshop and hearing their stories of corruption, Mr. Muzaffar recalled feeling that Pakistanis belong to a country of angels. He then expounded on ALAC Pakistan, where the purpose is to take the complaints of the people at the grass-root level, and have them addressed to the correct offices. He lamented that the progress of ALAC Pakistan has been a slow one, due to two reasons; the first one is that people coming to ALAC expect legal aid in the courts rather than having letters sent to the relevant offices. The second reason is that they don’t believe it’s possible to get help free of cost. Mr. Muzaffar was disappointed to note that although quite a few NGOs had been invited to the seminar, attendance was very low, and they aren’t willing to hear about ALAC, much less willing to help us in our cause to help the poor at the grass-root level. In the end he said that what there is a large difference between what is trying to be attained and what has been done. One of the reasons behind this fact is that the people coming to ALAC don’t have solid, concrete proof to win their case.

The next speaker was Mr. Amarnath Motumal, who discussed ‘Human Rights and Legal Aid’. He spoke on the Universal Declaration of Human Rights, 1948 and all it constitutes. It was made clear though that all it entails is missing from our surroundings, and the only thing being given to the Pakistani society is false and baseless assurances. Mr. Motumal suggested that Legal Aid Clinics should be formed to enable the weaker section of society to stand for their rights, and to guide them how to get those rights. He said that there is a lack of organization in our NGOs and our actions are not transparent. He questioned the existence of district bars, and their activities. He emphasized that there are many fields where our bar councils can play very vital roles in helping the weaker section of our society. In the end he said that in the recent past our bar councils were slightly successful but once again they have taken a backseat. To sum up his speech, Mr. Motumal quoted a poetic phrase from Nazeer Akbar Allahabadi.

After the speeches, the forum was open for a question and answer session, during which much appreciation was shown for the endeavors by ALAC and questions were raised by the attendees. Ms. Riffat Moghul put forth the question why there’s been no action against the NRO, to which Mr. Saad Rashid replied that TI-P isn’t an investigative agency where direct action can be taken. A press release against the NRO and an address to the Chief Justice has been made, which was within our powers to do.

Mr. Ahmer Rashid, a representative of ‘Shehri Citizen for a Better Environment’, an NGO, expressed his appreciation for the effort being put forth by ALAC. He said that the people don’t know where to go for their rights and suggested that if ALAC did some legal work and not just an advisory service, they would find success with the people. He said that people are reluctant to go to lawyers because of the exorbitant fee charged. He was very positive that something good will come of ALAC, which is indeed a worthy endeavor.

In reiteration to the reluctance people show in going to lawyers, Justice (R) Haziqul Khairi stated that the ombudsman deal with cases such as FIRs, non-payments to retired government officers, etc. He said that all a person needs is a plain sheet of paper where his complaint is noted down and the complaint will be addressed. He stressed upon the fact that this office needs to be strengthened because the ombudsman’s office is the poor man’s court. He doesn’t need to visit expensive lawyers or fight lengthy court cases. He said that the bureaucracy is of no help here because they are out looking for their own gain and favors with the President, and will naysay the ombudsman’s office.

Engineer M. A. Jabbar was the next to say that every word uttered in this seminar is a treasure for us all. He also expressed his disappointment in the passive personalities of the public. He suggested that there should be sub-offices of the ombudsman to help the people. Upon sharing his own experiences as a businessman, he said that he faced the same problems regarding the maladministration of the ombudsman’s office. He lauded Justice (R) Salim Akhtar’s efforts while he held the Federal Ombudsman’s office, and was ashamed that at the time of taking a consolidated stand, none was taken. After so many years, the situation is still the same. He also shared that the richer a man is, the more scared he is of retaliation. He said that TI-P should take a stand to give the people strength.

Mr. Javed Qureshi had a question for Mr. Saad Rashid. He wanted to know the authenticity of the NCPS research and result data, to which Mr. Rashid replied that these surveys are outsourced and are carried out by a professional organization. Also, these surveys aren’t done randomly; they are relevant to those people who have been affected by corruption. Comparisons are made to previous surveys to derive an answer for the increase/decrease in levels of corruption. Advocate Nasir Moghul then asked that if a complaint comes to ALAC and if corruption in said case is at gross levels, what action will be taken.

Mr. Sohail Muzaffar answered this query and said that ALAC on its own can’t take action or investigate, neither do we make complaints. He said that cases come to us through the people affected by corruption, and if the corruption level is high in those complaints we advise them to go to the relevant office.

Mr. Saad Rashid added that letters are also written to the related offices on behalf of ALAC for the complainant in such cases.

Ms. Razia Hasan of the Pakistan Women’s Association commented that corruption spreads like a cancer to all levels of society. She asked what can be done to eliminate it.

Mr. Saad Rashid replied to this query and said that no shortcuts have been found for the elimination of corruption. However, children are being targeted to uplift the morals of our society. He mentioned that TI-P is also talking to the government, and progress has been made in the public procurement department, where levels of corruption are the highest.

Justice (R) Haziqul Khairi added that where we see a corrupt person, he should be socially boycotted to discourage corrupt practices.

Justice (R) Salim Akhtar said that we need to rebuild ourselves and our character. The victim of corruption needs to be saved through the correct law, and the corrupt should be punished through the same laws. He mentioned that it’s very difficult to find the corrupt person because two people are involved, the beneficiary and the corrupt individual. If there’s no evidence, nothing can be done by a judge or the ombudsman.

Mrs. Usmani from PAWLA pointed out that there is no uniformity of law or severity of punishment for the corrupt. She said that in the CPC there are discretionary powers for the bureaucracy, which needs to be abolished because they are the ones promulgating corruption.

After the question and answer session, Eng. M. A. Jabbar presented plaques to the speakers, and a closing address was given by Mrs. Mirza, who thanked all the speakers and attendees for giving their time and valuable input in the seminar. She hoped for future participation in TI-P and ALAC.

An invitation for partaking of refreshments arranged at the venue was then given, and the seminar ended on a bright and hopeful note for a better future for Pakistan.