Justice for all

Path to Justice from Penal Reform International on Vimeo.

This quarter, I’m interning with the Northwestern University Center on International Human Rights, a legal clinic in the law school. One of our projects is an access to justice project in Malawi, where we work to improve legal representation for prisoners - particularly those sentenced to death and without access to legal counsel - through a collaborative effort with local actors and organizations. I’m writing my final paper this quarter on our work in Malawi, and through this research I’ve discovered just how acute the crisis of representation really is. Malawi only has about 7-15 legal aid lawyers for the entire country, and these lawyers take on both civil and criminal cases. Thus, while there is technically a legal right to representation for the indigent accused, in practice it is very difficult for legal aid lawyers to spend sufficient time on each case.

Ultimately, the system is extremely overburdened, and most lawyers are only able to meet with their client at trial. Because of the lack of time and resources, it is extremely difficult for legal aid lawyers to conduct investigations; this involves traveling to distant villages to interview witnesses, and is simply not feasible considering the limited time and money that legal aid lawyers have. Malawi also has only one law school, which graduates about 30 lawyers a year; many of them go into private practice, and only a few become public defenders. Turn over is high, and many public defenders leave each year to go on to do different work. Prisons are overcrowded and conditions can be life-threatening, with malnutrition and infectious diseases.

Enter the Paralegal Advisory Service Institute (PASI), which is a project of the non-profit Penal Reform International. PASI is a model that has been SO highly effective in Malawi that it has been implemented in many other countries as well. It is essentially an organization that provides thorough and high-quality training for individuals who want to become paralegals. These paralegals then join forces with the legal aid lawyers to move prisoners through the criminal justice system more efficiently and more effectively. With a focus on alleviating overcrowding and getting remand prisoners out, PASI has proved to be extremely valuable. These highly trained paralegals are able to talk to clients, talk to witnesses, conduct a lot of investigative work on cases, and provide this information to public defenders. Paralegals also conduct trainings in prison where they involve the prisoners in skits that show them how to navigate the justice system, and to help them better understand legal proceedings. Prisoners who know their legal rights are better able to advocate for themselves in court.

Our partner in Malawi is PASI, and they have done an amazing job by implementing a cost-effective and innovative method of improving access to justice and legal services for all. The results are impressive: PASI’s prison clinics between Nov. 2002 and Jun. 2007 empowered about 150,000 prisoners to represent themselves in court, apply for bail, present a mitigation plea, or draft an appeal to the High Court. Even more incredible, PASI has reduced the overall remand population (those imprisoned while awaiting trial) from 40-45% of the overall prison population to only 17.3%.

Due to its success, the model has been replicated in Kenya, Benin, Uganda, and Niger; it is currently being piloted in Bangladesh. The organization is proving an absolutely incredible model for improving legal aid, and I look forward to seeing its worldwide implementation over the years!

When everyone else is obsessing over “building the next generation of leaders” and encouraging Gen Yers to become social entrepreneurs and social change innovators, one organization out there is quietly redefining the careers and lives of the Boomers.

Civic Ventures, founded in 1998 by Marc Freedman, is working to engage our country’s millions of baby boomers as a vital workforce for social change. Boomers have the incredible wealth of experience needed to become leaders in solving our world’s most critical challenges - and Civic Ventures is making sure that this experience is put to good use.

Today, Americans who are retiring generally want to continue working; 4/5 of people over the age of 50 say they want to work or volunteer in some capacity after retirement. And even better, many people seek to focus on work that gives them meaning and contributes to society during their retirement year. Indeed, more than 75% of those who want to work in retirement want to do work that helps the poor, elderly, and others in need. On the other hand, 48% of Americans between the ages of 50 and 70 believe it will be difficult for them to find good and fulfilling jobs at that age.

Civic Ventures is working to address this gap. Here are a few of their programs:

• Encore.org — A network for people who want work that matters in the second half of life. Encore.org provides news, resources and connections for individuals and organizations establishing “encore careers” that combine meaning, financial security and social contribution.
• The Purpose Prize — $100,000 awards for social innovators over 60 creating new methods for solving the world´s biggest problems and contributing to social change,
• Experience Corps — A national service program engaging adults over 55 as tutors and mentors for elementary school students struggling to learn. Today there are more than 2,000 Experience Corps members helping 20,000 students. 
• Encore Career Community College Grants — Grants for innovative community colleges preparing people 50+ for careers in education, health care and social services

I think Civic Ventures has done a wonderful job in targeting a market that no one wants to focus on - the growing population of baby boomers who want a second chance at a more meaningful life and career.

Millennials might be the “next generation of leaders,” but in the meantime, engaging the Boomers who have the right balance of education and passion might be just as effective when it comes to fostering social change.

I recently read Half the Sky, by Nick Kristof and Sheryl Wudunn. To be quite honest, I wasn’t a huge fan of the book. But I think that the organizations he highlighted were impressive and innovative, and were able to tackle big challenges through their own innovative approaches. He was able to highlight some effective organizations and thus provide some hope that age-old problems affecting women such as sexism, FGM/FGC, sexual violence, and honor killings can actually be ended.

One of the organizations he mentioned is Tostan, a community based organization with a mission to empower African communities to bring about sustainable development and positive social transformation based on respect for human rights. Since 1991, Tostan has brought its holistic 30-month education program to thousands of communities in ten African countries: Burkina Faso, Djibouti, The Gambia, Guinea, Guinea Bissau, Mali, Mauritania, Senegal, Somalia, and Sudan.

Tostan’s innovative “Community Empowerment Program” (CEP) has been able to empower some communities to together agree to abandon the practice of female genital cutting, which is still considered a rite of passage for women in many African and Middle Eastern countries, despite the health risks and incredible pain that the process entails. Dealing with an issue like FGC is incredibly tricky because it is so deeply tied to culture and social relations. Western approaches don’t necessarily work in such a context; going into a community and telling them that an ubiquitous practice is “bad” or “against human rights” simply wouldn’t make sense. The women would respond stating that they need to get their girls married — and a man would never marry a woman who has not been cut.

Tostan instead focuses on community-led development to eradicate this practice. Tostan enrolls about 30 adults and 30 adolescents in two different classes. The program educates community members on democracy, human rights, problem solving, health, hygiene, literacy, and management skills. The teaching includes interactive exercises, such as small-group work, case studies, and action research projects. These methods draw on African oral techniques, including theater, storytelling, dance, artwork, song, debate, and the sharing of personal experience.

Tostan does not explicitly call on communities to abandon FGC; instead, as communities become better educated about health and human rights, they are empowered with knowledge that helps them make better decisions for the lives of their children. By encouraging dialogue and openness about important issues, Tostan empowers communities to create positive change.

Tostan has also implemented a similar model for prisoners in Senegal, which is incredibly important as most prisoners lack rehabilitation or any concrete skills that help them re-enter society; this leads to a high rate of recidivism. The Prison Project provides prisoners with training in income-generating activities, microcredit loans, as well as the educational component.

Tostan’s model shows that community-based empowerment is the best way to tackle big challenges, and that if individuals are better educated, they will be able to make better decisions. It’s a very impressive outcome from a seemingly simple idea.

I also want to point out the concept of cultural relativism here. To be quite honest, when I first heard about FGC, I was certainly horrified - but then, I was afraid to look at the issue through the lens of Western culture. I was confused: perhaps there is legitimacy to this practice, as viewed through a different culture? Am I right to pass a value judgment on this practice? I wasn’t sure until I watched this incredible TED video:

In the video, Sam Harris argues that there are concrete answers to moral questions. That we do know clearly what is right and wrong — and that pretending to ignore a problem because of cultural relativism is wrong. Indeed, it is foolish to ignore what we know is right and wrong simply because of the fear of overstepping boundaries or offending others. We underestimate ourselves. And there are answers to these questions.

Therefore, I can now say that there is nothing right about FGC. It is incredibly painful to girls, reflects sexist beliefs in these communities, and creates lifelong health problems. No practice that endangers the health of an individual can be a beneficial one — even if viewed through the lens of culture.

That’s what I believe. And I encourage you to find your own answer.

I know I haven’t done Feature Friday in a really long time, but I’m planning to start again; there are so many amazing organizations and people I keep running across that I’d really like to highlight. This week, I’m going to be talking about Youth Represent.

According to the website, Youth Represent’s mission is: to ensure that young people affected by the criminal justice system are afforded every opportunity to reclaim lives of dignity, self-fulfillment, and engagement in their communities. They focus on youth aged 24 and under in New York City.

What is especially unique about Youth Represent is that they have a holistic, client-centered model of legal representation and advocacy. Not only do they provide criminal defense services for youth, but they also provide civil services that address other legal issues and needs that a young person may encounter due to their involvement in the criminal justice system. Because they define youth by age, they can represent young people both in the family and adult criminal justice systems.

Because of this unique model, Youth Represent is able to provide criminal defense but also assistance in areas like housing, education, and employment - which are often affected by a young person’s criminal accusations. Young people involved in the justice system might be denied employment or public housing, face eviction, or even suspended from school as a result. Youth Represent assigns only one attorney to each client; this attorney is able to provide enhanced representation because they address all problems, civil and criminal, that the young person faces. This is especially vital because such representation generally requires two different lawyers, and “the broad knowledge each attorney gains about their client during a criminal case enables them to be more effective advocates in other areas when a client’s criminal record is an issue and facilitates an ongoing relationship with their young clients to ensure they receive the support they need.”

Youth Represent seems to be a relatively small organization with only two staff members, but I can only hope that with this innovative methodology, they are able to expand and provide juveniles in New York with improved legal counsel. The founder, Laurie Parise, was awarded an Echoing Green fellowship in 2006 to start Youth Represent; she is also an Equal Justice Works Fellow.

We need more smart lawyers who are committed to social change, and particularly who are thinking of innovative ways to reduce the access to justice gap in criminal and civil legal services, so I’m always incredibly happy to see amazing new initiatives like this one!

The earthquake that has just struck Haiti is a natural disaster of massive proportions, and it’s very difficult for us to wrap our heads around it. The current estimated death toll is 30,000 to 100,000 - which is a huge number. According to Tales From the Hood

And even at the low end of that estimate, it is still a big number. Typhoon’s Morakot, Ketsana and Parma, plus a tsunami in the Samoa Island Group, plus both of last Fall’s earthquakes in Indonesia, combined did not reach a death toll of 30,000.

According to MSF, there are no working hospitals in the country; the National Palace and other major government buildings have collapsed; many of the U.N. offices have been damaged and U.N. officials killed. My prayers go out to all those affected by this disaster. I cannot even really fathom the magnitude of pain these people must be going through.

What has impressed me is the extent this disaster has reverberated through social media channels. Through Twitter and blogging, people shared their sentiments about the disaster. Citizen journalism was at its best, with Haitians reaching out to provide news updates via Twitter despite chaos, confusion and damage to regular communication channels. People across the globe have, amazingly, been able to follow the developments practically in real-time. Earlier today Daniel Morel created a Twitter account, @photomorel, and posted a series of shocking high-quality photos depicting what exactly was happening in Haiti. @marvinady has also posted photos of the devastation; these were some of the first photos of the devastation. Hashtags #Haiti and #Haitihelp are being used to keep tabs on Haiti updates.

Social networking sites have provided something incredibly important that the New York Times or BBC simply cannot provide: a human connection. By following someone on Twitter and seeing their pictures, we feel closely connected to them. Social media, by connecting people, has allowed for an outpouring of empathy that simply isn’t possible through the mainstream media. We’re getting information as it happens from those suffering or witnessing this destruction. It’s not some abstract natural disaster - it’s happening to real people. People we can identify and follow on Twitter and via blogging. This intensely human connection is social media’s most powerful tool.

Social networks have also proved invaluable in gathering much-needed donations for relief efforts. Wyclef Jean took Twitter by storm and mobilized followers to donate to his Yele Haiti Foundation even before most NGOs started their relief efforts. Today afternoon, Yele was the #1 trending topic on Twitter, followed closely by the Red Cross at #2. Non-profits have creatively utilized social networks to make donating as easy as possible. The Red Cross and the IRC have both created ways for supporters to quickly donate $5 or $10 by texting to a certain number; these messages have been Retweeted, spreading like wildfire through the social web. These text message campaigns have been very successful, raising millions in the past couple of days (some are a scam, but these two are not — so do make sure you check out who you’re texting to).

This was truly a social media response, and I’m proud to see my fellow citizens working together to disseminate important news and ramp up donations. This is social media at it’s best: people collaborating and reaching out to do something good.

Immediate disaster relief is vital, but we can’t forget that the hardest work is yet to come. This earthquake will have a devastating longer-term effect on Haiti. Already a poor country, Haiti will suffer immensely from the aftermath: failed and broken infrastructure. It will be difficult to pick up the pieces and rebuild the country again. While I’m glad to see the impact of social media, I only hope the momentum lasts enough to provide continued support for future rebuilding efforts. So keep Haiti in mind even after a few weeks when the situation may not be all over your Twitter of Facebook feeds!

Here’s a quick roundup of some excellent posts to keep up with news on Haiti/figure out where to donate:

• Change.org War & Peace: Haiti Rescuers are Racing Against Time
• UN Dispatch: Haiti’s Coming Public Health Challenges &  Haiti Earthquake: The Day After Part II
• Helpful tips on what to do about Haiti and who to donate to, from an experienced aid worker
• Some background thoughts from Marginal Revolution: Why is Haiti so Poor?
• Aidwatch has a nice post on navigating the complex terrain of disaster relief
• Good Intentions are Not Enough: good post on wisely choosing NGOs to donate to
• Make sure you check out Haiti.Ushahidi.com for crowd-sourcing disaster map, news, info

My personal recommendation for donations is Partners in Health: