Change and Challenges in Cambodia

Cambodia in the rainy season is cool(er), verdant, and lush.  Rice paddies swell, cinnamon-hued roads soften to mud, and the jungle creeps in a bit closer.  After the thrashing madness of afternoon storms that stop as suddenly as they start, motodups and tuk tuks cruise around crater-sized puddles in Phnom Penh in the post-deluge quiet.  People emerge from behind doorways and the streets begin fill to with activity again. 

In the same way, thirty-four years after the fall of the Khmer Rouge and the end of a collective national nightmare of genocide and war, Cambodia is getting back on its feet.  This summer I am lucky enough to have the opportunity to play a small role in these reconstruction efforts as a legal intern at the Documentation Center of Cambodia (DC-Cam).  As an organization dedicated to recording the Democratic Kampuchea (Khmer Rouge) era, DC-Cam variously serves as the world’s largest archive on the Khmer Rouge and as a source of research, outreach and education surrounding the genocide.  The organization has been integral to helping Cambodian society cope with the aftermath of the genocide and understand and digest the ongoing trials at the Extraordinary Chambers of the Courts of Cambodia (ECCC). This is critical in a country that is becoming known abroad for its temples rather than its war history, but where there is still obviously both the need and desire for justice —a tension visible in the split personalities of rapidly developing Phnom Penh, my temporary home.

The Lonely Planet Cambodia edition from 1991 (available at the National Library here) suggests a total of two available hotels in Phnom Penh and lists the Central Market as the only reliable place to procure a meal---that is, assuming you could even get a visa to enter the country.   Today, the city bristles with air conditioned coffee shops offering lattes that cost $2.50 and free wifi---popular with expats stopping between yoga class and a swim at a hotel pool. Outside the city, the countryside is a traveller’s dream of good roads connecting temples, jungles and beaches, staffed by tiny old ladies in checkered scarves hawking mangosteens and Vietnamese iced coffee. At the same time, Cambodia remains shackled to its past. Cambodian soil still holds between an estimated 4 and 6 million land mines that were laid during the 1970s.  Trials at the ECCC grind forward, but maybe not in time to offer survivors the full benefits of truth and accountability.  This spring, Ieng Sary, co-founder of the Khmer Rouge and one of the accused in case 002, died at age 87 while awaiting trial at the ECCC.  Ieng’s death dealt a frustrating blow to a tribunal already mired in delays and allegations of political meddling, and increased the sense of urgency in trying the remaining accused who also are largely of advanced age and in failing health.  As a Leitner Center report from 2011 chronicled, the country also faces a tremendous mental illness burden that is the result of poor treatment options and the scars of genocide—fissures that remain hidden from most foreigners visiting the country.

As an outsider and newcomer, trying to decipher Cambodia is as beautifully reflexive as the correct response to sok s’bay (Khmer for “how are you”---literally meaning “healthy, happy?"; the answer also being sok s’bay) and as complicated as giving good directions to tuk tuk drivers (extremely).

  For more information about the Documentation Center of Cambodia, visit www.dccam.org.  

Rugby, Soccer, and Race in South Africa

 My first introduction to race relations in South Africa came in 1995, when I was five. My family had just moved to Swaziland from India, and we were going to South Africa on a family holiday. Apartheid had just ended. My mother tried explaining that white people hadn't treated black people or Indian people well. "They're going to be mean to me!" I wailed. Having been born in New Delhi, having gone to an Indian nursery school, and having mostly Indian friends, I thought I was Indian. Eighteen years later, I've returned to South Africa to intern at the Southern Africa Litigation Centre, and I now understand that I'm actually white.

The last two days in Johannesburg have been an indication of how far race relations have come, but also how much is left to be done. Two days ago, I visited the fantastically-curated Apartheid Museum. It included the famous episode during the 1995 Rugby World Cup, hosted in South Africa. Mandela, ever conscious of symbolism, shocked the mostly-white crowd by appearing on the field before the game, dressed in the South African captain's jersey. Rugby is traditionally a white sport in South Africa, and thus was seen to represent apartheid. The stadium was stunned, but someone started to chant. "Nel-son! Nel-son!" The rest of the stadium joined in, and South Africa Springboks went on to defeat the New Zealand All-Blacks (whose nickname derives from their jersey) 15-12. Clint Eastwood, Morgan Freeman, and Matt Damon liked the story so much that they turned it into a movie.

Last night, my brother's friend Warren and I went to a sports bar to watch the Springboks play Italy. Coincidentally, Bafana Bafana - South Africa's soccer team - was playing against the Central African Republic at the same time, and the bar was screening both games. To the left, where the Springboks game was being screened, the room was almost entirely white. To the right, where the soccer was being screened, the crowd was almost entirely black. Warren and I positioned ourselves in the middle, so that he could watch the rugby and I could watch the soccer. Warren leaned over and told me to notice the different reactions if a goal or a try were scored. Bafana Bafana scored! 3-0! The right side of the bar erupted, with people shouting, whistling in joy, and jumping out of their chairs to celebrate. The left side of the room didn't seem to notice. That game ended shortly after, so all screens now showed rugby. A few people left, but most stayed to watch. Italy started pressing, bringing the game to 20-10, but Bryan Habana, a star South African player, broke away from a crowd of tackles to score a try. At 26-10, the game was beyond Italy's reach. A handful of people on the right side of the bar cheered, but it was nothing like before. To my right, I overheard a lady chastise her friend for not cheering. "Habana is black!", she informed him.

But that sports bar is a sign of progress. Just twenty years ago, such a scene could not even have existed. Warren, a white South African, speaks Zulu, Xhosa, and Sesotho. The scars of apartheid are still evident, but there's hope.

Immigration removal defense at Make the Road New York

"Caminante, no hay camino. Se hace el camino al andar."

"Searcher, there is no road. The road is made by walking."

The organization Make the Road New York, where I worked during the past summer, takes its name and its mission from the above quote from Spanish poet Antonio Machado. MRNY is a very active Hispanic community organization with over 10,000 members who participate in everything from worker's rights campaigns to citizenship workshops to English classes. One of the many services that MRNY provides is legal services, and this past summer I had the opportunity to help the organization develop it's relatively new immigration/removal defense practice.

Immigration law is quite a hot topic and practice area right now, and there is a staggering, overwhelming need among low-income immigrant communities for these services. This is an already incredibly vulnerable and marginalized population, and MRNY's team of organizers and lawyers take pride in working together to provide "one-stop shop" assistance for the Hispanic immigrant communities of New York.

My role in all of this was to be a legal advocate for our members who are either in immigration removal proceedings or have an outstanding deportation order: essentially, the emergency cases. One of the strange ironies of US immigration law is that it is often the tragedies in people's lives that make them eligible for some form of immigration relief that allows them to remain in the United States. Victims of crimes or trafficking can receive U-Visas or T-Visas, respectively. Children who have been abandoned or abused by their parents can receive Special Immigrant Juvenile Status. Those who have been driven from their home countries by brutal persecution receive asylum. Much of my summer was spent simply listening to our members tell their stories, working with them to find a way that something positive could come from the difficulties they've encountered and looking for any possible basis for them to stay in the United States with their families.

MRNY members at a worker's rights rally in Union Square. July 2012.

But it was also filled with lots of joy. MRNY is first and foremost a member-based community center, so every day there are meals in the communal kitchen, bachata and reggaeton blasting on the radio, and events from open-mic nights to dance parties for LGBTQ youth. At a major worker's rights rally in July, to which MRNY sent busloads of staff and members, the common refrain during the march was "El pueblo unido, jamás será vencido" "The people united will never be defeated." MRNY does an excellent job of fostering this sense of community and unity, which helps the members feel supported and for the attorneys makes the ups and downs of the legal work much easier to handle.

It was also a historic summer to be involved in immigration advocacy because of the new deferred action policy for undocumented youth announced on June 15. The policy allows undocumented people under the age of 30 who were brought to the US before age 16 and graduated high school here or served in the US military to remain in the United States (though it does NOT confer legal immigration status) and apply for work permits. In addition to my casework, I was able to help with workshops to familiarize and prepare people for the new policy. The response from our members and the immigrant community at large was overwhelming. It has been over 25 years since the last amnesty law. Even though the new policy offers nothing close to amnesty, the response showed the strength and size of the undocumented community, and how eager people are to be recognized and live a full, uninhibited life out of the shadow of "illegality."

It was an incredibly rewarding summer- I'm grateful to the amazing MRNY staff, and most importantly to all my clients who taught me so much and made the work meaningful. ¡Gracias a toda la gente de SHCNY!

Equality Now

I worked with Equality Now for the summer as a legal intern. It is an international human rights organization that works for the protection of the rights of women and girls worldwide. It campaigns against trafficking and sexual violence. The organization also supports and publicizes selected laws prevalent in legal codes and statutes of different countries addressing the most common and significant gender based discriminations in law. 

Summer is a great time in New York. The city presents a different sight even for its residents. Tourists from all over the world pour in and there is a sense of festivity in the air. There is a lot to do for whatever your interests are. Although New York gets that all around the year but during summer it just doubles. I always loved this so-much-to-do air and international character of the city and living here has been a interesting experience. I had never worked in New York before nor even thought about it before coming to Fordham. It was my first experience, working in New York and I found it as impressive as living here. There is always so much to do and my work had an international character.

I was assisting Equality Now’s staff under its two main programs; discrimination in law and Sexual violence against women. I worked on cases of rape, kidnapping, police abuses, and discrimination in law. However, as I sit to down to write this blog, I ask myself this question- what did I learn? Reflecting and recollecting the past weeks, I think I just learnt one word during this summer.

 E.Q.U.A.L.I.T.Y

This one word describes how this summer taught me eight valuable lessons in advocacy and campaigning of human rights issues.

E for Everyday life at a nonprofit: This summer gave me a chance to see what everyday life is in a nonprofit. It was a practical exercise in advocacy and campaigning of gender issues. There is a sense of satisfaction when a change occurs through your work. There is frustration when despite efforts nothing comes through. It was also a lesson in the working dynamics of a nonprofit. Moreover, Equality Now highlights abuses of women rights around the globe. The cases that I worked on came from different regions, cultures and legal systems. It broadened my understanding of the gender issues and related laws.

Q for Quality of work matters for advocacy: My work as an intern was closely supervised. I had two supervisors who were constantly giving me feedback. I researched and they highlighted the missing links in my research. I drafted communications and they got back to me with the changes. I could see where I went wrong in my draft or what was missing in my research. It gave me a good tutorial in improving quality of my work.

U for Unequal world, we live in: I worked on cases from different countries and researched on local laws of those regions that exposed me to the prevalent gender discrimination in laws around the globe. It is alarming to see how women are exploited in the name of culture, religion and society. Every society discriminates against women in some way. We are still a long way short from giving women their rights.

A for Advocacy in a different region: Equality Now usually works in collaboration with a local partner and provides the support it needs to pursue a case. I learnt about the importance and mechanism of collaboration with the local groups. Advocacy is better served when you empower the people and there is a struggle from within. It is a valuable aspect of advocacy and campaigning of human rights issues. 

L for Legal research: I was researching on cases from different countries at Equality Now. I would also look for local laws and relevant facts of the case. This research was a unique experience. Facts of a case were often conflicting. Not many countries have data-bases to look up for relevant laws. Finding the most updated version of laws was another challenge. I had to check twice or thrice before passing on my research. It was a good (but tedious) practice in refining searching skills.

I for Intelligent ways of communication for advocacy: Equality Now issues Action Alerts on cases to create awareness about an issue or discrimination in law. It also sends out communications to governments and human rights bodies. I assisted the program officers with these communications and saw how important writing and drafting is for advocacy. I also worked on preparing fact sheets for the cases to authenticate the details relevant to cases. These intelligent ways to communicate could make a lot of difference.

T for Tools of social change: Legal advocacy respects and tolerates local courts and customs. It approaches the local laws with a sense of tolerance and strives for setting a legal precedent in that system. Equality Now supports cases that have precedent setting value in legal systems. It supports victims and helps them come forward to bring about this legal reform. I realized how a case could give justice not only to one victim but also to many others.

Y for Your voice can make a difference: Equality Now issues Action Alerts to draw attention to cases of abuses. It emphasizes much on creating awareness and generating a voice. It pushes for action and provides support by circulating these communications. This awareness and understanding of the people serves an important role in advocacy. These voices can push authorities for action if generated and communicated in an organized way.  

It was a great summer experience learning these lessons in advocacy and human rights campaigning. I expect this word EQUALITY guides me through as a human rights advocate. 

Prosecuting War Criminals at the ICTY

I spent this past summer interning at the International Criminal Tribunal for the Former Yugoslavia (ICTY). I was a legal intern at the office of the Prosecutor assisting on the Radovan Karadzic case.  The ICTY was established in 1993 pursuant to The United Nations Security Council Resolution 827 giving the Tribunal a mandate to prosecute persons responsible for serious violations of international humanitarian law on the territory of the Former Yugoslavia since 1 January 1991. Since its establishment, the Tribunal has issued 161 indictments and is currently in the midst of the prosecutions of the two highest ranking individuals accused of war crimes, Radovan Karadzic and Ratko Mladic. Karadzic, a former president of the Republika Srpska, and Ratko Mladic, a former military leader, are both accused of orchestrating the genocide in Srebrenica and carrying out a campaign of ethnic cleansing in Bosnia and Herzegovina. 

 The Tribunal is currently involved in the prosecution of the two most important cases in its history, and at the same time the Tribunal is also trying to implement the Completion Strategy. In 2003 and in 2004, the UN Security Council passed two resolutions 1503 and 1534 on the completion of the ICTY’s work which called on the Tribunal to finish its investigations in 2004, complete first instance trials in 2008, and finally finish all the work by 2010. However, due to late capture of Karadzic and Mladic, in 2008 and 2011 respectively, the Tribunal’s completion strategy has been postponed, currently setting a deadline of 2014 to complete the Karadzic trial and later completion date for Mladic and Hadzic. 

             With the Tribunal reaching the final stages of the Completion strategy, this summer was a perfect stage to evaluate whether the Tribunal had achieved its mandate.   The mandate was a two-pronged mandate: to prosecute those most responsible for violence and to contribute to the efforts of reconciliation and peace.  The Tribunal has been successful in the prosecution of the perpetrators. In its nearly two decades of existence, the Tribunal has issued 161 indictments and successfully apprehended all of the accused. The Chambers found that atrocities committed in Srebrenica targeted against Muslim men in July 1995 were genocide, and found several individuals guilty of committing genocide. The Tribunal also broke ground in the prosecution of sexual violence crimes, recognizing that rape is not a side product of the war, but is a serious crime that can be prosecuted as war crimes and crimes against humanity.  

While the Tribunal contributed to the expansion of international law, it has been less successful in contributing to reconciliation and peace on the ground.  Bosnia and Herzegovina is fractured between the three major groups, Serbs, Croats and Muslims, each living in their own communities with little interaction. They are all taught a different version of history at school and politicians continue to exploit the war to gain popular support. In June 2012, the current President of Republika Srpska Tomislav Nikolic publicly stated there was no genocide in Srebrenica but acknowledged that grave war crimes were committed.[1] On the first day of Ratko Mladic’s opening statement, news emerged that Srebrenica, the symbol of Muslim suffering, will likely elect a Serb major in October elections. The political take over of Serbs 10 years after the genocide is due to the fact that former Muslims residents are no longer allowed to vote in the mayoral elections.[2]  Against the backdrop of this grim political situation, the Tribunal has in recent years built up and expanded its outreach program with the aim to educate the public in the Former Yugoslav Republics about its work. The ICTY Outreach program has set up workshops around the republics to work with young people and engage them in the dialogue to understand each other, their points of contentions and help them move forward.

I believe that the Tribunal’s legacy will be shaped by how successful the Tribunal is in helping to build up the national judicial capacity of Bosnia and Herzegovina. The Tribunal is an ad hoc body, one that was never intended to prosecute all the criminals, only the most responsible ones. Thus, the Tribunal in its completion strategy, started to transfer some cases back to the national courts while in 2005 the government of Bosnia and Herzegovina set up War Crimes Chambers and a Prosecutor’s office tasked to prosecute war criminals pursuant to the National Strategy for War Crimes. The OSCE Mission in Bosnia in its report Delivering Justice in Bosnia and Herzegovina: An Overview of War Crimes Processing from 2005 to 2010, stated that in its first five years of existence, the judicial system in Bosnia has successfully prosecuted 200 cases related to the conflict, thus showing a strong commitment to delivering justice.[3]  Further, Human Rights Watch in its report Justice for Atrocity Crimes: Lessons of International Support for Trials before the State Court of Bosnia and Herzegovina, reported that seven years after the establishment of the War Crimes Chamber, most people who were interviewed for the report confirmed that international judges and prosecutors have encouraged public faith in the impartiality and in the day to day work of the Chambers and the Prosecutor.[4] However, despite the positive news, the ICTY Prosecutor Serge Brammertz in its report to the UN Security Council in June 2012 urged the government of Bosnia and Herzegovina to donate more money to the judicial system and reaffirm its commitment to pursuing impartial justice.

                       

The Tribunal has not been perfect, and many may argue that it cost too much or the trials last too long; there is no doubt that the ICTY made significant contributions to international law and especially international criminal law. The Tribunal’s commitment to bring justice will not only have a long lasting effect for victims and their families, but also on me, having given me a unique opportunity to assist in the Prosecution of Radovan Karadzic and reaffirmed my commitment to international human rights legal issues.

---

[1] Srebrenica not genocide- Serbia’ President Nikolic. http://www.bbc.co.uk/news/world-europe-18301196

[2] As Ratko Mladic trial begins, followers are poised to take power in Srebrenica, http://www.guardian.co.uk/world/2012/may/10/ratko-mladic-trial-followers-srebrenica

[3]  OSCE. Delivering Justice in Bosnia and Herzegovina: An Overview of War Crimes Processing from 2005 to 2010.

[4] Human Rights Watch, Justice for Atrocity Crimes: Lessons of International Support for Trials before the State Court of Bosnia and Herzegovina.

Pursuing Justice for Human Trafficking Survivors

This summer I worked at the Anti-Trafficking Program, a division within Safe Horizon, a non-profit organization in New York City.  Safe Horizon's motto is "Moving victims of violence from crisis to confidence," and working with their Anti-Trafficking Program, I saw this occur throughout the summer.
 
Victims of human trafficking have experienced force, fraud or coercion in their work.  While most people have heard the term sex trafficking, labor trafficking is much more common, with three labor trafficking victims for every one victim of sex trafficking.  I was able to handle many labor trafficking cases as well as a sex trafficking case this summer, providing immigration relief and criminal justice advocacy for clients.

Traffickers create an environment of isolation.  When a survivor of human trafficking first escapes from a trafficker, their immediate needs include shelter, food and medical assistance, as well as legal assistance.  For most foreign nationals who have been trafficked into the United States, immigration relief is a primary concern.  The Trafficking Victims Protection Act, now known as the Trafficking Victims Protection Re-authorization Act (TVPRA), provides a Visa specifically for these victims.  This immigration relief not only allows a survivor to obtain legal status in the United States, it also makes a survivor eligible for public assistance.  For trafficking victims who have come from working incredibly long hours for little to no pay, these benefits begin to create a system of stability and support. This is a main benefit of the T-Visa, which is not available under other types of immigration relief (such as the U-Visa for crime victims).

After three years in T-Visa status while continually present in the United States, or after the investigation and prosecution of a trafficking case is closed, T-Visa holders can adjust their status to that of permanent resident.  This allows them to travel outside the US and return to their home country to visit family and friends, while maintaining status in the United States.  After 5 years as a permanent resident, trafficking victims can nationalize and become US citizens.  Many clients I worked with this summer were in the process of adjusting status to become permanent residents.  This involved filing forms with US Customs and Immigration Services, after meeting to draft an affidavit, obtain a police good conduct certificate and a medical exam performed by a civil surgeon.

What I found most rewarding this summer was working directly with clients.  After suffering through so much, trafficking survivors deserve immigration relief and a chance to build a life in the United States, free from fear of re-victimization or deportation.  Furthermore, a developing trend in trafficking victim services is pursuing civil remedies, such as back pay from their traffickers for all their unpaid labor.  These civil suits provide victims with further support and should be pursued more widely.  Since the creation of the right for civil suits for trafficking victims 10 years ago, only 90 suits have been filed.  Learning about the lack of civil suits this summer emphasized the need for more attorneys in the anti-trafficking field.

To read about a large labor trafficking case, check out this website, describing the bust of a labor trafficking ring in Kansas City, Missouri.  Crystal Management, the company responsible for trafficking so many individuals, used recruiters in victims' home countries to convince them to come to the United States for a better job and a better life.  Unfortunately, those who came were shocked to learn that after paying large sums of money in their home country (sometimes as much as $30,000), they would not be working in the promised jobs in the US.  Instead they were forced to live in overcrowded apartments, work more than 40 hours a week with no overtime pay, and have all their paychecks come and show almost no compensation, as they were subject to "deductions" for rent, transportation and other services, all of which was supposed to be covered by their original deposit.

http://www.bizjournals.com/kansascity/stories/2009/05/25/daily15.html?page=all

My Friends, the Future Supreme Court of Ghana

A year ago, I found myself at brunch with a dozen of the most powerful women in Ghana. I had chosen to stay in Africa an extra month after the Fordham summer abroad program to continue working at the Ghana AIDS Commission. Though I had the occasional visitor from the States, my main friends were my co-workers, all 20-somethings with a taste for Star beer and reggae nights on the beach, just like me. Professor Paolo Galizzi had invited me to a brunch, and I felt way out of my league among the elegantly dressed, beautifully well-spoken women around the long table.

The brunch was hosted by the Virtue Foundation, a non-profit organization that works with international development policy challenges. Virtue had established itself in Ghana as a leader in the right to health and women’s empowerment arenas, and its latest project was supporting a Supreme Court clerkship program established by the Leitner Center in 2007. Ghana had never had Supreme Court clerks before then, and Virtue was now sponsoring three exceptionally talented young female attorneys in the hope that the women and the judges would learn from each other over a yearlong period.

At the brunch, I met these women, along with their senior counterparts. I sat next to a shy, intelligent woman named Susie, who was one of the new clerks. After speaking with her for an hour on the subject of women’s rights in Ghana, I was convinced that in 20 years, she would be at the head of the very same table at the very same brunch, a distinguished judge offering her wisdom to the next generation. And I very much wanted to be there to see it.

When I got back to New York, I contacted Jocelyn Kestenbaum, the Programs Director at Virtue, about an internship. Though it was way too early to start looking for the summer, she humored me and I visited her office for what turned into one of the most exhausting and invigorating interviews of my life. I was excited to hear I got the job, and even more excited when I found out that I would be working on the Ghana clerkship program.

(Supreme Court building in Accra, Ghana)

This summer, I have gotten to know the three clerks well. They keep long journals of their experiences, noting cases they find interesting and new things they learn. All three of them are wonderful writers, providing intelligent and occasionally funny commentary on the happenings at the Supreme Court. I have corresponded with them about their final research projects, offering suggestions when I can and empathy otherwise. 

The biggest challenge has been discussing legal research. The clerks, Jocelyn, and I met in June over Skype for an hour and a half long research training session, led by me. Once again, I felt out of my depth talking to these amazing women, the very top of their fields. After talking for a few minutes though, I relaxed. Even though I am still in school and they are technically attorneys, there are things I can teach them to help make their writing and research stronger. 

Required classes are annoying at the time, but in retrospect, I am very glad for the training Fordham has given me. I am also glad that I go to a school that supports learning outside of the classroom: for everything I taught the clerks in our training session, I have learned two from reading their journals. I have worked on many projects this summer, but becoming friends with the future female leaders of Ghana has been the most rewarding.

Check out more of Virtue Foundation's great work!