IBJ: What made you apply for IBJ’s JusticeMakers Competition?

AG: When I applied for IBJ’s JusticeMaker Competition, I was working with people living with HIV/AIDS and I was shocked by the way they were threatened in prisons. They were {not} considered as normal prisoners because of their incurable disease. I applied therefore to save some from prison as soon as possible.

IBJ: What were some of the initial challenges you faced in implementing your work?

AG: I faced the challenge of talking to judges that do not {give} consideration to the particular situation of prisoners with HIV/AIDS. There was a serious problem of undue delay of procedures and these people were hopeless! Some of them refused to take their medication and died in prison just because they considered their life already lost!

IBJ: What were you able to achieve with your grant of $5,000?

AG: I stood beside hopeless people and raised my voice for their cases. I encouraged some of them not to give up despite the hardships they were experiencing. With the $5000, the prison officials and prisoners and the community knew that these people have value and are worthy. In representing them before the court, I gave them the consideration they longed for since they knew they was HIV positive.

IBJ: What have you gained from joining the international community of JusticeMakers Fellows?

AG: I am always learning from other Fellows. I now belong to a community of service providers to which I am conscientious of the quality of their work.

As a recipient of IBJ’s JusticeMakers Competition, what advice would you give to those looking to apply?

AG: IBJ’s JusticeMakers Competition is an opportunity that is given to YOU to serve YOUR community. Don’t miss it! Try! You’ll never know if you do not try!

Beyond his work with IBJ, Audace has been recognized by other legal organizations, notably receiving a fellowship from the International Center for Not-For-Profit Law in Washington, D.C. this year. Read the full interview here.

You can follow Gatavu Audace on Facebook for updates on his work here. Watch an earlier interview conducted with Audace here.

Gatavu Audace is a human rights defense attorney in Bujumbura, Burundi, who has witnessed the plight of people living with HIV/AIDS in Burundi’s criminal justice system. These experiences moved Audace to use his legal skills and connections within the legal community to create a network of pro bono defense attorneys to provide legal counsel to the most vulnerable within the criminal justice system who are without any legal defense.  Audace’s courage to devote his professional life to defending those most marginalized was awarded by International Bridges to Justice with the JusticeMakers Fellowship in 2012. Now two years later, he continues to raise the voices of the hopeless with renewed persistence.

Gatavu Audace

2012 HIV/AIDS JusticeMakers Fellow, Burundi 

September 5, 2014

What made you apply for IBJ’s JusticeMakers Competition?

When I applied for IBJ’s JusticeMaker Competition, I was working with people living with HIV/AIDS and I was shocked by the way they were threatened in prisons. They were {not} considered as normal prisoners because of their incurable disease. I applied therefore to save some from prison as soon as possible.

What were some of the initial challenges you faced in implementing your work?

I faced the challenge of talking to judges that do not {give} consideration to the particular situation of prisoners with HIV/AIDS. There was a serious problem of undue delay of procedures and these people were hopeless! Some of them refused to take their medication and died in prison just because they considered their life already lost!

 What were you able to achieve with your grant of $5,000?

I stood beside hopeless people and raised my voice for their cases. I encouraged some of them not to give up despite the hardships they were experiencing. With the $5000, the prison officials and prisoners and the community knew that these people have value and are worthy. In representing them before the court, I gave them the consideration they longed for since they knew they was HIV positive.

What have you gained from joining the international community of JusticeMakers Fellows?

I am always learning from other Fellows. I now belong to a community of service providers to which I am conscientious of the quality of their work.

 As a recipient of IBJ’s JusticeMakers Competition, what advice would you give to those looking to apply?

 IBJ’s JusticeMakers Competition is an opportunity that is given to YOU to serve YOUR community. Don’t miss it! Try! You’ll never know if you do not try!

With the JusticeMakers Competition 2014 now underway, International Bridges to Justice would like to take a moment to reflect back on past Fellows whose legacies will serve to inspire future generations of JusticeMakers throughout the world.  2012 HIV/AIDS JusticeMaker Fellow, C. Christian Zarweah from Liberia, answered a few questions about joining the international community of Fellows, what keeps him motivated, and advice for future applicants.

C. Christian Zarweah

2012 Justice Fellow, Liberia

August 14, 2014

What made you apply for IBJ’s JusticeMakers Competition?

Our world is filled with many people who are either affected by HIV/Aids, disability, poverty, ignorance, illiteracy, low-income backgrounds, sicknesses, the haves and the have-nots and they need someone to identify with them so as to find common practical solutions to their plights. It is only when collaborative efforts are applied like the initiative of IBJ can such people find peace and recognition and the dignity they deserve and desire. I was motivated to apply to IBJ to give some hope and dignity to people in my region and country who are affected and those who are vulnerable because of their status so as to give them legal defense and hope and a better sense and realization as to why they exist and what they can do to improve their conditions.

What were some of the initial challenges you faced in implementing your work?

The ability to mobilize and bring the different law enforcement groups and the affected individuals together to speak with one mind and work together was my initial challenge since that idea was strange in my region. Finally we succeeded in mobilizing the police, judges, magistrates, major and key stakeholders and the affected individuals and the medical people to begin to work together and collaborate for the welfare of the affected and vulnerable. Our success was then greatly due to the willingness of the different groups involved to coordinate and collaborate that finally yielded in a defense team been organized, a community volunteer group established and identification of the affected and most vulnerable women and children became a reality when their legal, emotional, and social needs were all addressed.

What were you able to achieve with your grant of $5,000?

The money itself was not much, but it served as catalyst, thereby giving us the different teams and elements to coordinate to ensure positive result as was in our case. There were multiple successes, but the outstanding one that kept ringing bell in my heart and ear was the story of a three year old girl who got affected at birth along with a mother in her mid twenties who herself was affected. We were able to identify this small family who had been chased from one home and community to another by family members, boyfriends, and friends because of their status. We intervened through our legal defense team, provided a place to stay, basic energy and food for them, and established a little table market for sustainability. The mother later became our key outreach person on the impact and effect of HIV/Aids. As I reflect on the face of this young child who found herself affected at birth with an infected mother, I realized that there are many unknown and unheard voices and stories like that three year old and her mother and I was continually encouraged to reach out with the funding from IBJ. We were also able to bring the judges, magistrates, police and stakeholders together to discuss on how to coordinate their activities so as to give legal protection and dignity to the affected and vulnerable. This collaborative effort was one of our key successes where law enforcers have worked independently in the past. We also succeeded in bringing the medical and clinic workers on board so as to work together to conceal the identity of affected persons from the community to avoid attack or abuse. We succeeded in that the medical people promised to help keep the privacy of the effected persons. This too was a major success from our end. The fact that even some of the most vulnerable were given monthly ration of energy food of which otherwise they could not obtain thereby giving them hope, dignity and the sense of belonging was a major success in itself. Our FM education and awareness made the general public to begin to respect the rights and dignity of affected people that too was a major success.

What have you gained from joining the international community of JusticeMakers Fellows?

I have learnt that together when we join hands and efforts and resources, we can achieve much. The little three years old could not be reached directly by IBJ, but through collaboration and coordinating resources, the little vulnerable three year old found grace and relief through an IBJ sponsored project. When we collaborate and better coordinate our expertise, resources and efforts, we will surely achieve more even with limited funding.

I also remain grateful to IBJ whose project support and intervention gave Lua and her daughter Susanna hope and stability and full legal protection.   Yes, indeed, together we can play our collective roles in building bridges to the affected, the neglected, the outcast, the forgotten, and the orphans and vulnerable because they are affected and we can renew their hopes and dignity.

As a recipient of IBJ’s JusticeMakers Competition, what advice would you give to those looking to apply?

As a recipient myself I would like to give these pieces of advice to those seeking to apply:

1. That they truly have the human love and interest in what they want to do
2. That they have the enthusiasm and determination to withstand pressure in the midst of multiple challenges
3. That they are able to work with different people of different expectations and backgrounds
4. That they have the interest of the affected and vulnerable at heart
5. That they are willing to volunteer and serve rightly and properly doing the project and after

IBJ JusticeMakers Fellow, Garima Tiwari and Documentary Journalist Fellow, Raven Rakia, visit the survivors, lawyers, and activists of The Bhopal Disaster, who are still fighting for justice.

3,800 died immediately. Tens of thousands more to die in years to come. Birth defects and health issues to exist for generations. This was the result of a gas leak from a factory owned by Union Carbide, an American corporation in Bhopal, India on December 2, 1984 which came to be known as The Bhopal Disaster. The damage was massive and the accountability? almost nonexistent. The Bhopal Disaster is one tragic example of the widespread harm, unmonitored and cavalier American corporations, can cause abroad.

They Saw This Coming

Even before the Bhopal Disaster there were signs that the chemicals being used by Union Carbide were harmful to residents living by the factory. Champa Devi, who lived in the area, used to go behind the factory to a pond to wash clothes. She says, “we soon began to notice that our hands would burn every time we washed clothes and small boils would appear on them” and a year before the Bhopal  Disaster, gas leaked from the factory and killed one factory worker. Devi  says, “money was paid to his family and the matter was hushed up. But we began to notice that the night air was always heavy with the smell of gas. We used to experience an odd feeling in our throats whenever we breathed that air.”

The number of factors that went into the gas leak is astonishing. For starters, the factory should have never been operating in the area it was in to begin with. Since that section of Bhopal was a populated, urban area, “the specific site within the city was zoned for light industrial and commercial use, not for hazardous activity.” and initially Union Carbide was only approved to work with chemicals in small quantities. However, the factory soon started to deal with more complicated and hazardous chemical processes at exacerbating levels in order to “keep up with the competition”. The safety equipment and procedures at the facility in Bhopal were run at ‘standards” far lower than their American counterpart in West Virginia. Both the government and the corporation knew of, but ignored, these safety issues because they feared the loss of capital from a big employer (Union Carbide) during a struggling market. In other words, they put profit before people.

December 2, 1984

The result? On December 2, 1984 40 tons methyl isocyanate gas leaked from a pesticide plant in the factory creating the worst industrial “accident” in history.

on the night of the gas leak, Rashida Bi and her family, who lived in Bhopal – left their house and began running as they heard shouts from outside saying “run, otherwise you will perish.” As they tried to escape the gas, Rashida says, “my eyes were shut tight. I could not open them because of the pain. Whenever I did manage to squeeze them open, all I saw were piles of corpses scattered around. People were blindly running around those piles.”

Champa Devi says “everything was running, the only thought in their minds being to get as far away from the place as possible and save their own lives. There seemed to be no alternative. Because the dance of death had already begun.” Soon after surviving, Champa Devi with a group of women walked 800 kms to Delhi to demand justice at the capitol. They walked for 30 days.

3,800 people died immediately – but unfortunately, that was just the beginning. Hundreds of thousands of people will be injured and suffer severe health issues over many generations to this day. The damage will be exacerbated by how the corporation and the government handles the disaster.

After The Gas Leak, Another Disaster

How Union Carbide handles the disaster afterwards will end up being just as damaging as the disaster itself. In an attempt to save themselves from responsibility, the corporation went through a long pattern of doing exactly what not to do: from downplaying the affects of the gas and saying the pain can go away with water to victim-blaming and saying it was the workers fault. The toxic gas leak has yet to be cleaned up, causing widespread contamination for the people, and animals, who live in the area. But the most damaging, is that Union Carbide held and distorted scientific information about the health effects of the gas — resulting in mistreatment and misdiagnosis of the survivors for years. Mr. Satinath Sarangi from Sambhavana Trust explained, “It is true that the government spent a lot of money providing free health care to the survivors…but what we found is in the first 10 years, because Union Carbide was still withholding information on the effects of these chemicals from the gas leak, the doctors did not know how to treat it. These (medicines they gave out) often caused more harm than good. We found that, despite 10 years of treatment, not a single person had any sustained relief.”They survivors of the disaster will barely see any of the rights promised to them by their government. In July of last month, 29 years after the Disaster, a district court in Bhopal finally issued summons to Dow Chemical (the owner of Urban Carbide) for the criminal case. The summons was first issued in 2005 but was halted by the high Court until October 2012.

The only justice the people of Bhopal and India saw, was on account of themselves, as they took matters into their own hands – demanding accountability, justice, and the right to live. Indian lawyers, like Satinath Sarangi from Sambhavana Trust, have been organizing, campaigning, and working to try and gain justice for the survivors since 1984. Today, they are still fighting for labor and health rights for the survivors, to have the corporation do time for their crimes, for Dow Chemical (the owner of Union Carbide)to stop using harmful chemicals in Bhopal. Champa Devi and Rashida Bi went on to start the Chingara Trust, a non-political, not-for-profit organization for the survivors of the disaster. The Trust provides care for the children of the disasters – many of whom were born with birth defects and health issues. They also conduct medical research and provide education.

Children at the Chingari Trust

29 years later, it’s 2013, and the work is far from over. Dow Chemical, the owner of Union Carbide, is still operating in Bhopal. And 29 years after the disaster, they are still using harmful chemicals. This time around it’s dursban: a chemical that causes birth defects that Dow Chemical still produces and sells to Indian households. A chemical that caused hundreds of health incidents that Dow attempted to cover up. Dursban, banned from America, is the reason the American corporation is operating and selling in India. Dow Chemical was caught paying bribes to Indian officials to cover up the safety issues with the chemical. The lawsuits for Dow Chemical will continue as they continue to commit crimes; however, they will continue to pay bribes in order to not see any repercussions.

But one thing is for sure: the survivors of the disaster, the lawyers and activists, the people of Bhopal will not back down.

Information for this blog post was accumulated in interviews with Ms. Champi Devi from Chingara Trust and Mr. Satinath Sarangi from Sambhavana Trust.

online articles: The Bhopal Disaster and its Aftermath: A Review http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1142333/

Indian JusticeMakers Fellow Garima Tiwari managed to bring lawyers and security staff together last month to discuss the existing legal framework for the accused living with HIV. Security officers, guards and lawyers gathered for a JusticeMakers training and awareness session about the rights of the accused living with AIDS in Raisen district, Bhopal.

It was noted that the last testing that had happened in prisons was held only in 2010. Since then, no such medical service had been organised at all. It was also noted that when, in 2010, the results showed that 93 prisoners, mostly people under trial, were shown to be affected by AIDS, the prison officials categorically denied that these people had gotten infected in prison. They instead affirmed that the tests had been conducted on those who were known to be drug addicts, and who were not keeping well anyhow.

Denying problems

Similar arguments were used by prison officials at the Chhattisgarh Jails, where 80 prisoners were found HIV-positive out of 13,000 tested. Jail authorities in Chhattisgarh also said that instead of focusing on jails, health authorities should focus on red-light areas and drug addicts in particular. These jail authorities affirmed that the goal actually was to improve the health situation at village level, especially checking quacks who use old syringes. Garima Tiwari underlined that the problem is that the health authorities are contemplating distribution of condoms and syringes, but the jail authorities say there is no reason to do so.

Those participating in the event were told that Operational Guidelines For District HIV/AIDS Prevention Control Unit, formulated by the National Aids Control Organization, mention promotion of condoms among jail inmates, and support in identifying High Risk Groups. The lawyers present thus decided to work on writing a proposal to the District AIDS control officer in order to carry this action plan on.

Security guards must be able to play a role

The security guards of local district hospitals informed the audience of situations that they come across in hospitals. It was noted that the guards have no training, nor any kind of special awareness of this set of problems relating to AIDS.

Another issue that was highlighted during the training and awareness session was relating to the safety of women. With a recent rape case, and Madhya Pradesh being classified at the top of sexual crime lists, it was necessary to hold these discussions, and to stress how guards should play a pivotal role in these matters. It thus was an innovative step to involve them as the point of contact for community watch and awareness.

The participants finally agreed on the need to assess the current situation in prisons, and on the need to develop a prison policy to allow for regular awareness and voluntary testing and treatment. The lawyers present agreed to inform the JusticeMakers team of any matter they would come across in their district in which the accused has HIV/AIDS, in order for the team to provide all legal support.

 This past March, Russian JusticeMakers Fellow Tatyana Kochetkova organized a seminar in her country on legal questions related to people living with AIDS. The purpose of this seminar was to attract greater attention from decision-makers  with regards to the aims of IBJ in Russia: assuring security and fair trials for those living with AIDS, and making sure that no discriminations occur. Two photo exhibitions were held at this event. The journalists who were present showed great interest in the activities that were exposed. Articles were published in two of the most important local newspapers about the action set up by JusticeMakers Fellow Tatyana Kochetkova.

These articles explain the legal problems that are connected with people that are affected by AIDS. The people who attended the seminar, and the readers of those newspaper articles, were able to understand that everyone shares equal rights, and that no discrimination should be tolerated.

The audience at the seminar was granted a cheerful ending: musicians had been called in to perform at this event. The people that had attended the seminar, among which were people living with HIV, members of their families, and experts of these human rights matters, all appreciated the event.

Most people then moved on to asking more precise questions to the IBJ volunteers who were present, and to the members of staff. The goals of the seminar were therefore matched very positively: the audience left knowing more about their rights, and feeling ready to  be able to defend them.

The lady, Diama (not her real name), was severely beaten up by her proposed husband, and thrown out of her house. She was told by this young man never to step in the yard again.

IBJ took the case to the police and reminded them that the Constitution states that it is a violation of the right of a woman to be beaten by her husband. IBJ’s legal team argued the case, and finally the police had the young man incarcerated for 24 hours.

On the following day, JusticeMakers Fellow C. Christian Zarweah went to the police station with his colleagues. The case was then withdrawn by some community members.

“This intervention is historical and incredible”

At the community level, the man was ruled guilty. Furthermore, Diama was told that she was free to marry anybody of her choice. Once the community and the defense team had succeeded in handling the case, C. Christian Zarweah decided to learn more about Diama’s history and background.

Diama explained that she had been neglected by family members and consistently put out by her proposed husband because of her status. Diama, who is 30 years old, and her daughter, Ezima, 3, are both affected with HIV/Aids.

Diama’s older daughter died three years ago. No one really knows what the cause of her death was. IBJ immediately connected Diama and her daughter to a nearby hospital, where they began taking HIV/Aids treatment. Additionally, Diama and her daughter are now recipients of IBJ’s monthly ration to the most vulnerable of the affected. Diama has furthermore joined IBJ in creating awareness on the legal rights of the affected. She is now creating awareness among young girls and boys on how they can prevent themselves from being affected.

IBJ’s support and intervention have given hope to a young mother and her child in rural Liberia. Indeed, they now have access to medication and a monthly ration. “This intervention is historical and incredible”, said JusticeMakers Fellow C. Christian Zarweah.

At the last count, the project’s team had visited 4 prisons, 28 police stations and 31 court rooms. No less than 67 prisoners had been interviewed (including men as well as women), along with 23 prison staff, 34 court officials and 18 policemen. Questionnaires had also been distributed to state officials and lawyers who are active in advocacy for the promotion of the rights of prisoners and detainees living with HIV/AIDS. Altogether, 59 lawyers were given questionnaires and 42 responses were received.

Gatavu Audace and the Network of People living with HIV/AIDS representative had a meeting with prison officials in order to discuss the opportunity and the benefit of his project regarding the targeted people, the prison and the entire legal system. The discussions emphasized that prisoners, and especially such vulnerable ones, need a representation, i.e. some kind of link between them and judicial institutions. That is the main challenge that prisoners are facing in general.

Gatavu Audace then moved to consulting 33 people living with HIV/AIDS in the prison. He found out that 18 prisoners were in a pre-trial detention situation. Among these 18 people, 14 cases had not been fixed in court. As for today, 13 sick detainees already have a date of hearing arranged. Gatavu Audace is currently defending cases, and he continues to provide these people with advocacy in order to accelerate the procedures. Currently, Gatavu Audace is in the process of supplying the convicted prisoners with advocacy in order to obtain conditional release for them.

“I lost two close friends and relatives from HIV/AIDS due to lack of legal representation and they were left on their own to die. I want to stop this from happening to others”

JusticeMaker fellow Christian Zarweah and IBJ continue to develop their influence in rural Liberia. In February and March 2013, Christian successfully brought together the legal Defense Team and the legal community to fight against the discrimination and legal issues that people with HIV/AIDs face. The team members and legal community comprised of the District Attorney Cllr. Julius Monluo, Cllr. Cooper Gweh, Magistrate, and Cllr. Tozay. The Police Commander and Representative from the City Major Office (Mr. Belleh) were also in attendance. These law enforcers met for a whole day to strategize how to improve the legal defense of the affected and how to rescue them from the discrimination caused by exposing their HIV/Aids status to the community.   Some health workers have exposed the statuses of people living with HIV/Aids, who receive monthly treatment at the various clinics. In a consolidated effort with Christian, law enforcers engaged the clinic authorities and the general health workers to address this matter.

Legal Defense Team members were assigned to the three courts in the district. It was agreed through a memorandum that any health worker or member of the community who harms, discriminates or exposes individuals living with HIV/Aids would be taken to court. Several workshops were conducted in different communities to spread awareness of the rights of all citizens, including those affected with HIV/Aids

In April, the Defense Team and the legal law enforcers took to the airwaves. Massive awareness and education was carried out on the local FM radio, reaching an audience of 200,000 people. Christian Zarweah has successfully conducted workshops for three selected communities along with the recruited volunteers.