CBA Young Lawyers: Helping Build Human Rights Law Abroad
Through the CBA’s Young Lawyers International Program – funded by the Canadian International Development Agency – young lawyers are placed in seven-and-a-half-month internships to work with human rights legal organizations in Latin America and the Caribbean, Africa and South East Asia.
Recent participants of the program were asked to sum up their internship experiences, as they prepared to return home. Here are some of their reflections.
Roanna Tay Legal Resources Centre, Grahamstown, South Africa
Roanna Tay (bottom right), with staff of the Legal Resources Centre and client Zwelani Ncube after a successful day in the Grahamstown High Court: “In the past, our clients have often remained unseen, separated from our office by distance and poverty... As my supervisor told one community in the Transkei, ‘We want to make your voices heard in the court of law.’ ”
On Monday, Sept. 8, 2008, I walked into the offices of the Legal Resources Centre in Grahamstown. It was the beginning of a six-month internship that was immeasurably rich with lessons and gifts. I have been inspired by my colleagues, consulted with clients in the most remote parts of the country, fought with government officials, and had the joy and privilege of being part of a few small victories.
By the end of the first week, we were deep in the Transkei. Hundreds of people arrived by foot from the surrounding countryside, and I found myself in the middle of a meeting between the community and the Minister of Energy and Minerals. The community members sang loudly and toyi-toyied to express their opposition to a mining licence that threatened their environment and way of life. The LRC is their legal representative and our work has resulted in a halt to the grant of the mining licence as the Minister must consider an internal appeal and enter into proper consultations with the community.
The LRC's mission is to strive for a fully democratic society based on the principle of substantive equality and to ensure that the principles, rights and responsibilities enshrined in the South African Constitution are respected, promoted and fulfilled. This means that the LRC's work focuses on enabling the vulnerable and marginalized to assert and develop their rights. As my supervisor, Sarah Sephton, said to the community in the Transkei that day, “We want to make your voices heard in the court of law.”
This has rung true throughout my internship. It is a constant fight for the little guy: people whose land was expropriated by the apartheid government; abused and orphaned children in children's homes, street children without proper school facilities, poor homeless communities fighting for low-cost housing, foreign nationals denied administrative justice by government officials. The clients have often remained unseen, separated from our office by distance and poverty. But getting results on their behalf has been immensely satisfying, both for the pure principle of enforcing human rights and state obligations, and for their most simple expressions of gratitude. As I leave Grahamstown, it is my turn to say thank you – to the LRC for giving me the responsibility, to the clients for entrusting me with their struggles, to the Canadian International Development Agency for making this possible, and to the Canadian Bar Association for bringing me here. And I echo the words of one of our clients: a luta continua!
Cristiano Papile Tanganyika Law Society, Dar es Salaam, Tanzania
“When the presenters at a CLE event unexpectedly cancelled, I was given 24 hours to prepare a seminar to a group of 200 Tanzanian advocates.”
When I was told that I would be moving to Dar es Salaam, I had to ask Google exactly where I was headed. Thousands of search results told me that 11 time zones would take me to the land of Zanzibar, the Serengeti and Mount Kilimanjaro - I was about to move to one of the top travel destinations in Africa! I would be working for the Tanganyika Law Society, the bar association of mainland Tanzania. My job description was unclear, but it didn’t matter: I was going to get real, hands-on experience working in law and human rights, and I was going to be doing so in one of the top travel destinations in Africa, by the Indian Ocean in a tropical climate.
After spending a week shopping for what I could have acquired in half an hour in any Canadian department store, I showed up to work at 8:00 on a Monday morning. I was greeted by friendly faces (I would soon learn that everybody showed up for work around 7:00 a.m.) and a cluttered, crowded working space. Everybody was preparing for the upcoming half-annual general meeting and I spent much of my first day awkwardly looking at some documents that had been left on my desk, trying to find something to do.
I was not idle for long. The meeting was to include a CLE component, but most of the presenters had cancelled at the last minute. I was given 24 hours to prepare a seminar that I would present later that week to a group of 200 Tanzanian advocates. From there, my tasks became varied and interesting. During the six months that I worked at the TLS, I had the opportunity to comment on draft legislation; assist in drafting a constitutional challenge to the death penalty; participate in meetings with judges, ministers and diplomats; organize a day aimed at providing legal aid to hundreds of people; and learn about the Legal Sector Reform Programme, an initiative aimed at reforming Tanzania’s legal sector.
The work was not without its frustrations. Despite having lived in countries known for their overly bureaucratic institutions, my greatest challenge was to learn how to deal with constant delays in almost every aspect of my work. Nevertheless, my six months at the TLS opened a world of possibilities to me and now, having completed my internship, I am looking to stay in the beautiful country that is Tanzania.
Tarek Hamam Lawyers for Human Rights, Johannesburg, South Africa
I learned about this internship through an e-mail from the Canadian Bar Association. Two days before the application deadline, I spoke to a friend who had previously participated in the program. “Tarek, it was one of the best experiences of my life. I think you should go for it.” That’s all I really needed to hear. That night, I updated my resume and put together a cover letter. A few weeks later, I found out that I had been accepted into the program. A few weeks after that, I found out that I had been placed at Lawyers for Human Rights (LHR) in Johannesburg, South Africa. I was ecstatic. On August 9, 2008 I arrived in Johannesburg. Now, more than 7 months later, I can also say that this was one of the best experiences of my life.
Hamam, inside the Constitutional Court of South Africa: “Between the poverty and misery of the camps, and the elegance and power of the Court, I often felt that I was working in two different worlds.”
Professionally, it was a most rewarding and eye-opening journey. I had the opportunity to visit refugee protection camps that were set up in response to the deadly xenophobic attacks that occurred in May 2008. Being at the camps and talking to the residents gave me a real sense of how vulnerable the people there were. But I also witnessed incredible resilience and strength in the face of seemingly insurmountable obstacles.
At the Constitutional Court (South Africa’s highest court), LHR lawyers were advocating on behalf of the people I had just visited. Between the poverty and misery of the camps, and the elegance and power of the Court, I often felt that I was working in two different worlds.
Though I had just been called to the Bar and had limited experience in immigration and refugee law, I found myself meeting with clients, interviewing them, preparing submissions, and representing them at their appeals before the Refugee Appeal Board. A part of me often wondered whether, given my limited experience, I should be taking on cases that could have such a profound impact on the lives of people. But as I quickly learned, the alternative would be for the individual to appear before the Refugee Appeal Board unrepresented. Neither situation was ideal. What I lacked in knowledge and experience, I tried to make up for in effort, compassion, and determination, and would like to believe that my work helped to increase my clients’ chances of success.
On a personal level, my time in South Africa exceeded all my expectations. Whether it was visiting the Hector Peterson Museum in Soweto or getting a tour of Robben Island in Cape Town by a former political prisoner, I found myself moved, inspired, and humbled—emotions I felt quite often during this entire experience.
Sarah Louw Legal and Human Rights Centre, Dar es Salaam, Tanzania
“I manoeuvred my way through a new set of laws and tried to soak up as much information as possible about Tanzania.”
I learned that I had been posted to the LHRC in Dar es Salaam, Tanzania. This announcement kicked off an eight month whirlwind of exciting and often challenging personal and professional experiences.
The LHRC is a Non-Governmental Organization (NGO) focused on improving the human rights situation in Tanzania by engaging in strategic litigation, providing legal aid services and monitoring the state of human rights in Tanzania. My primary task was to research and draft the Tanzania Human Rights Report 2008. This annually published report tracks and analyses the trends in human rights in Tanzania. At first, the task of putting together this report seemed rather daunting, as I manoeuvred my way through a new set of laws and tried to soak up as much information as possible about Tanzania. However, four months into the internship, I found I had become well-versed in matters such as witchcraft, the use of corporal punishment, polygamous marriage and a host of other uniquely Tanzanian topics.
During my internship, I also had the chance to participate in a march against the death penalty, which culminated with the filing of a petition challenging the constitutionality of the death penalty in Tanzania. I also had the opportunity to climb Mount Kilimanjaro, joining 21 people from the LHRC and other NGOs to commemorate the 60th anniversary of the Universal Declaration of Human Rights and to support a campaign against gender-based violence. I felt very proud to be one of the four women in the group who participated in the climb, as it gave me opportunity to draw attention to women’s rights in Tanzania. From a personal perspective, it was also incredibly fulfilling.
Aside from my work at the LHRC, the internship gave me the chance to experience life in Dar. At first glance, Dar has little appeal, as it is chaotic, disorganized and dirty. However, if you dig a little deeper, it reveals itself as a city where different cultures and religions meet with often fascinating results. Of course, Dar’s location on the Indian Ocean and its beautiful beaches add to its appeal. Living and working in Dar has been an eye-opening experience. I am extremely grateful to the LHRC, the CBA and CIDA for giving me the opportunity to participate in this internship.
Stéphanie Vig Ethiopian Bar Association, Addis Ababa, Ethiopia (2005-2006)
“I developed a more subtle appreciation of the challenges facing organizations like the EBA in their efforts to promote legal programs.”
My posting was with an NGO devoted to promoting the rule of law through an independent bar. At the Ethiopian Bar Association, I was exposed to a range of files and activities, devoting considerable attention to developing the organization’s internal capacity, primarily by improving the membership of the Bar and, especially, its female representation. This allowed me to grasp an understanding of the role of an independent bar in setting and building the foundations for the rule of law in a developing country.
I also participated as a project officer for the EBA. In this capacity, I conceptualized and developed projects for the bar association and solicited funds for diverse programs. These programs were dedicated to strengthening the provision of free legal aid services, improving civic legal education throughout the country, and developing training sessions for judges, lawyers, parliamentarians, and police officers.
I met with a range of donors working for embassies and with international and local non-governmental organizations, and deepened my understanding of how these various actors operate and interact. In particular, I developed a more subtle appreciation of the challenges facing organizations like the EBA in their efforts to promote legal programs.
Acquiring international legal experience is a challenge, and opportunities for young lawyers to gain such experience is rare. The CBA's YL International Program internships provides young lawyers with first-hand exposure to international legal work from a grounded perspective, working alongside local actors and interacting with international bodies. It also gives young lawyers the chance to meet a wide range of international workers, to make contacts, and even to develop friendships.
I warmly recommend the Young Professionals International Program as a unique opportunity.
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