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During the martial law period, the focus of the first alternative law organizations was primarily on civil and political rights. Advocates defended detainees, filed cases of habeas corpus for those who have disappeared, and sought redress for basic human rights abuses by the State.
With the emergence of a myriad of cause-oriented groups and nongovernmental organizations after the 1986 EDSA Revolution, a host of legal advocacy groups has emerged. During this time, alternative lawyers and legal advocates began to focus on enforcing and defending the rights of the basic sectors.
Alternative law groups are issue-oriented and serve sectors rather than individuals, promoting alternative and supplementary dispute resolution mechanisms in addition to traditional legal procedures.
Developmental legal assistance involves capacity building of basic sectors, formation of paralegals, networking with like-minded organizations, agencies and individuals, policy research and advocacy within the three departments of government as well as handling of cases of the poor especially those that present novel issues.
As to the issue of judicial reform, the ALG believes that it must be holistic in approach. Reforms in the judiciary must be complemented by reforms in the other departments of government that are involved in the administration of justice; that judicial reform must address the issue of empowering the poor and marginalized groups. It believes that effective administration of justice is not only made possible by those who deliver it but also by those who demand for it. Reform efforts must focus on building the capacities of those who have difficulties in accessing justice.
ALG believes that judicial reform efforts must be participatory. All stakeholders in the reform process should be involved in the formulation of goals and objectives of reform, implementation, and monitoring and evaluation to exact transparency and accountability. The active participation of the people, especially the poor and marginalized groups, is indispensable in ensuring that the reform efforts will result in meaningful gains towards effectively addressing the justice issues of the vulnerable groups.
The ALG has identified the following major issues that the reform efforts must address:
- Inaccessibility of courts and lack of legal representation for the poor and marginalized groups.
This includes, among others, lack of special courts to address issues of marginalized groups, lack of courts in far flung areas, lack of adequate and sustainable legal representation of the poor in judicial and quasi judicial fora, and discriminatory treatment of marginalized groups (in the language, procedures, and processes of courts and other tribunals.)
- Lack of capacity of the poor and marginalized groups to access and avail of judicial, quasi-judicial and other mechanisms for addressing their issues and concerns.
This includes lack of access to legal education, lack of community paralegals, and lack of participation in the shaping and reshaping of laws and policies.
- Lack of legal education on the part of members of the bar and the bench, and other stakeholders, on issues affecting the marginalized groups.
There is a need to address the general lack of awareness of members of the legal profession (lawyers, judges and justices) and law students on issues affecting the poor and marginalized groups, and the special laws concerning these issues.
- Lack of recognition for alternative dispute resolution mechanisms.
This includes the lack of skills and knowledge of mediators and conciliators (especially under the Katarungang Pambarangay), and their lack of awareness or respect for customary practices of dispute resolution. This also includes the lack of recognition for indigenous dispute resolution mechanisms.
- Unfavorable policy formulation and implementation that undermine the rights of the poor and marginalized groups.
This encompasses policies from the executive, legislative and judicial departments of the government.
- Lack of transparency and accountability of the judiciary and the justice system in general.
This includes the issues of politics and patronage in the appointment of members of the judiciary, corruption in the courts, quasi-judicial bodies, and other offices involved in the administration of justice, and independence of the judiciary.
This is also related to the issue of the low priority given to the judiciary in the national budget, the inadequacy of courts and court facilities, and other issues related to the lack of efficiency and effectiveness of the judiciary.
The ALG’s reform strategy includes:
- Empowering the marginalized groups. This component will address the need to increase the capacity of the poor and marginalized groups to access and use judicial, quasi-judicial and other mechanisms for addressing their issues and concerns. Legal education for the poor and marginalized groups will be an important aspect of this component.
- Legal education. This component is an academic reform program that targets the curriculum of law schools and the continuing education programs for lawyers and members of the judiciary. The main challenge is to make legal education truly relevant to social justice.
- Policy advocacy. This component covers policy formulation in the executive, legislative and judiciary, handling of precedent setting cases, and strengthening the capacities of partner organizations and communities in advocating for their issues and concerns.
- Strengthening ADR mechanisms. This component will give special emphasis on promoting respect and recognition for traditional indigenous practices for settling disputes.
- Transparency and Accountability of the judiciary. This component will focus on the need to exact accountability from members of the judiciary and other officials who are tasked to administer justice. This includes the general efficiency and effectiveness of the judiciary to fulfill its mandate of administering justice, especially to the underprivileged.
- Institutional
