Chapter 12 — Advocacy Strategies
schedules. Distribution must also be considered. Drafting, translation and approval of cover letters for the report should also not be forgotten.
12.2.7 Maximizing the acceptance and impact of public reporting
Programmes planning to issue a trial-monitoring report should consider engaging in activities that
will maximize the report’s impact, as well as its acceptance by the authorities called upon to implement recommendations. The subchapters below address programme activities and strategies used
to engage stakeholders in the process of reform and to promote positive responses to monitoring results and recommendations.
At the most basic level, however, the dissemination of a report to the authorities and other interested actors should always be accompanied by a cover letter, possibly signed by an official of the organization at a commensurate position to that of the recipient. The cover letter should always include
an invitation to the recipient to provide feedback or express questions to a focal point assigned for
this purpose. If any follow-up events are planned for the purpose of presenting and discussing the
report, the cover letter may refer to these.
·· Strengthening working relationships through the process of reporting
The ability of a trial-monitoring programme to effect change directly is limited, since the power to
make reforms and to take action rests with the relevant governmental authorities. If a trial-monitoring programme has no connection to the government institutions and officials with the power to
make reforms, or if the authorities have no interest in reform, then even the most accurate and incisive report will have little effect. A programme must, therefore, constantly seek partnership with
local authorities and other relevant stakeholders.
Trial-monitoring reports will usually present critical descriptions of legal practice in the host country. This may include shortcomings of a systemic nature, incompetence or even professional misconduct. Although reports do not usually identify legal actors by name, they often question the actions
of local authorities or institutions. While the need to point out problems is clear, justice reform will
often require commitment and buy-in from some of the same legal actors involved in problematic
behaviour. To help develop constructive relationships with local actors and institutions, it is important for them to see reporting and other monitoring activities as useful and inclusive, or even collaborative. An effective advocacy approach should not only engage local institutions and authorities
in a dialogue regarding monitoring and the reform process at an early stage, but should give them a
stake in the process and outcome. Chapters 12.2.7 to 12.2.11 address advocacy strategies to include
national actors more directly in the work of monitoring programmes, including in the formulation
of recommendations.
·· Consultations prior to issuing reports
Consultations with the relevant authorities over the content of a public report prior to its issuance
may take a number of forms. Consultations may involve general discussions of a report’s content
and conclusions or, better yet, provide an opportunity to comment on a draft. Consultations may
also extend to allowing local actors meaningful participation in the formulation of recommendations.177 In practice, the focus of consultations may be limited to the major conclusions and recommendations or be extended to the entire report, depending on the programme’s relationship with
the authorities and what is likely to be accomplished in a consultation process.
In deciding what form consultations may take, programme managers should consider what they are
seeking to achieve. At a minimum, consultations with authorities to whom recommendations will
be addressed are a professional courtesy and can assist in maintaining a good working relationship,
177 See also, Chapter 12.2.5 sub paragraph on Recommendations.
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