Transitional Justice and Advocacy

Transitional Justice and Advocacy

Hello and welcome. My name is Mistyle Taylor, and I'm counsel with Public International Law and Policy Group. This module will provide a brief overview of transitional justice advocacy. Transitional justice includes a range of measures employed by post conflict states or states transitioning out of repressive regimes to address legacies of atrocities and establish lasting peace.

As this video focuses on advocacy in the transitional process efforts, I will have a look generally at what is meant by advocacy and advocacy campaigns, particularly when surrounding new proposed legislation. I will also then look in more detail at two specific types of advocacy you can engage in as groups or individuals, these being advocacy letters and shadow reports. I hope you find this useful.

So, to begin, What do we mean when we talk about advocacy? Advocacy is a process in which people organize around a certain issue in a strategic manner to influence decision makers for a particular purpose. Advocacy could include, for example, representing the interests of a group of people or requesting the initiation of a new public policy or the amendment of a law or regulation or engaging government officials or the public on an issue in order to garner support for that issue.

The purpose of advocacy is to initiate or change public policies, laws, municipal regulations, or other decisions that directly or indirectly have an impact on the public welfare. Because advocacy campaigns are often focused on changing public policy or law, it is important for advocates to understand What public policy and laws are and how they're made.

There are different types of advocacy with different aims and audiences. Below we look at community level, political level, and vertical and horizontal advocacy. So we'll start with community level advocacy. This aims to influence or change public opinion about a specific policy issue. And it is crucial for the success of political level advocacy.

Next we have political level advocacy. This aims to persuade decision makers and policymakers to adopt policies, and it operates at international, national, and regional levels. And then we have vertical and horizontal advocacy. Vertical is advocating to those in positions of power and horizontal is advocating to your peers.

As such, your first step when considering whether to engage in an advocacy campaign is to decide what is your aim and your audience. This will help you decide what kind of advocacy is most appropriate to advocate for your cause.

Successful advocacy campaigns are usually a result of making decisions based on what will solve the identified problem. and conducting a thorough analysis at every step of the campaign. The advocacy process goes through several phases, which serve as the pillars of a successful advocacy campaign. These include identifying the issue, then conducting research, raising awareness, carrying out various actions and activities, and then assessing this process and the results.

And now applying these pillars to the example of advocating for the adoption of a particular piece of legislation. We'll look at the following. So firstly, identifying the issue. This means essentially asking what is the problem being targeted by this legislation, and why does it need to be fixed, as well as examining what are the implications of inaction, what if I didn't do anything, what would happen if the legislation is not passed.

Then in conducting research advocates look for ways to demonstrate that the legislation will in fact address the problem, and they look for data stories. case studies or anecdotal evidence to support this proposed legislation and to show its positive impact on society. Research can also help identify whether there are any other groups or people who might be interested in supporting the proposed legislation as well as any fiscal impact.

It's also important to research who will oppose the legislation and why. What are possible arguments against the legislation and count on them in terms of raising awareness about the new legislation. It's important to determine who will be the targets of your advocacy efforts, the people who have adopted the most power to decide whether your legislation can pass or not, as well as the people who influence them.

You should also think about whether there are other organizations or interest groups. that could be approached to join your advocacy efforts, or who would be willing to take up your issue as a personal cause. Next, it's time to carry out various actions and activities. Advocacy campaigns vary greatly depending on the nature of the legislation and the identified targets.

They can be focused on particular geographical areas. Or they could consist of one off events or be ongoing. They can be run through social media or traditional media. Or they can focus on targeting legislators directly, or they can engage in what is known as grassroots advocacy, which means you engage a large number of people to demonstrate wide support for your proposed legislation.

Then lastly, successful advocacy campaigns also include a component of assessing the process and results, as well as any lessons learned.

When engaging in advocacy, it is important to be mindful of the language you're using in order to make sure your message is presented in the most effective and memorable way possible. So here are some basic points that can guide you in your advocacy language. 

First, adopt a professional and respectful tone. Communicate your ideas in a professional, polite, and respectful tone. And don't advocate by attacking other people's ideas. 

Second, use clear and concise language. As always, use clear and concise language that conveys your message in a succinct format. Use short sentences. Simple phrases and plain language where it is possible.

Third, avoid inflammatory language. Even though you're trying to be persuasive, make sure you avoid any inflammatory language, meaning language that has the potential to incite an emotional response. Try to always persuade using neutral, factual and objective statements. 

Fourth, support your arguments with facts. Your advocacy will always be more effective if your main points are corroborated by concrete facts and data. If you have good case studies that are easy to convey, then do consider including them. By using all of these basic language tips, you'll ensure that your advocacy is always framed in the most effective manner.

Now let's turn to two other types of advocacy, being advocacy letters and shadow reports. Advocacy letters are letters written by individuals or organizations that have the intention of advancing particular advocacy goals. If you're considering conducting an advocacy campaign, it is worth thinking about whether to include an effective advocacy letter as part of your toolbox, which can be tailored and sent to targets who you think could help advance your goals. Advocacy letters differ from normal letters in some key ways. They should be structured effectively to best present your argument and try to persuade your reader.

So we'll now review the steps involved in writing such an advocacy letter. Number one. Decide on the purpose of your letter. Every letter should be focused on a specific goal or objective. Consider why you're writing this and what would it take for an issue to be resolved. 

Number two, determine the recipient of your letter.

Strategically choose a recipient who can advance your advocacy work. And research the recipient's previous involvement in the issue area. Consider the questions, what does the recipient already know about the situation? And what information might the recipient find useful or persuasive? 

Number three, open your letter in a professional and polite manner.

Number four, explain the purpose of your letter. So inform the recipient of the purpose of your letter. and clearly outlined the main points of your letter.

Number five, provide an overview of the topic being considered. Summarize your knowledge about the issue and include facts and data analysis when appropriate and explain why the situation needs to be addressed. 

Number six, recommend a course of action. Describe how you would like the recipient to act. Explain why your recommendation or request Is important for addressing the particular issue. 

And last, number seven, conclude your letter. You can do this by summarizing the main points of your letter and thanking the recipient for their time and consideration. Of course, these are just suggested tips for how to frame and formulate an advocacy letter.

But by following this structure, you have a solid basis for helping to put together a letter that can help persuade those who are in a position to help you obtain the goals of your advocacy.

Turning to shadow reports, shadow reports are reports prepared by civil society organizations to supplement the periodic government reports that are submitted by states parties to the United Nations. to treaty bodies and to human rights commissions and committees. More specifically, shadow reports can be used as a method for transitional justice actors to offer an alternative point of view to what governmental authorities offer.

Shadow reports are important because they can help frame the debate and can also summarize failures in a state's performance. They can be used to advocate for particular issues. And in particular, identify issues not raised or raised inaccurately in the report of a state. In this way, they provide an important tool for advocacy campaigns.

Again, we have some steps we want to outline in terms of how to approach drafting a shadow report. Number one, decide on an issue. Clearly identify the issue or situation that you would like to address.

Number two, identify your ally. Consider what other organizations or experts might be interested in collaborating with you on your report. A single shadow report submitted by a larger alliance is more powerful than scattered reports prepared by multiple independent civil society organizations.

Number three, identify the relevant rights. So identify the particular treaty that is most relevant to your issue area and determine which articles of this treaty are most pertinent to your work. Number four, research the treaty review process. You can do this by finding out when a document or treaty. Is next scheduled for review by its monitoring body and research the guidelines that govern the document or treaties review process.

So specifically review the various requirements and specifications for shadow reports that are submitted. For example, page length, deadlines, etc. Then read the outcome of the most recent review. Number five set goals. Establish your goals for the upcoming review. How do you want your report to influence the thoughts and decisions of committee members?

Number six, create a work plan. Plan backwards and construct a detailed preparation timeline for your report. In this, include benchmarks for the completion of tasks. Also consider dividing the work between team members. 

Number seven, draft the report. Objectively describe the current situation in the area using analytical data. Then clearly identify the document or treaty articles that are most relevant to the situation. Discuss domestic laws and the implementation record in relation to the document or treaty. Also identify obstacles to achieving full implementation of the document or treaty. And lastly, provide concrete recommendations for the policy makers.

Number eight, revise the report. Ask experts and key stakeholders to review and comment on your draft and request that allies sign onto your report.

Number nine, finalize and submit the report.

And last, number ten, continue your advocacy work. So continue to advocate with experts during the review process. Publicize and promote your report to raise awareness about the issue and the upcoming review process.

This brings us to the end of this module on transitional justice advocacy. I hope it has been useful and I wish you the best of luck in your advocacy work.