Gayan Mangala

In 2007, as a student in a Buddhist school, a teacher asked Gayan to go from class to class to gather names for an upcoming school trip.  In one classroom, the teacher felt that Gayan had disturbed him, and responded by hitting him repeatedly on the back of the head.  When Gayan asked him why he is hitting him, the teacher answered with a renewed round of battery.

Gayan went to protest to the school principal, a Buddhist monk, who in turn defended the teacher’s actions and asked Gayan to return to class.  Gayan complained of severe head pains and blurred vision, but his request for medical attention was ignored.  He asked permission to go home, but the principal refused, saying he would probably go to the police to complain, so they would keep him as long as they could.

Finally in the evening Gayan was able to return home.  He started vomiting, and his parents brought him to the hospital.  He was given medical treatment, kept overnight and released a day later.  He went to the police to file a complaint against the teacher who had hit him, but the Police took the side of the teacher, told him to return to school and forget about it.  In school, he faced intimidation tactics by the principal and the teachers, who tried to have him expelled for having reported them.  When he tried to complain to the police a second time, he found the assaulting teacher and the school principal at the Police station, working together with the officers, to make sure this case was never reported.

According to Gayan, since the school principal was also a Buddhist monk, he had a lot of power in the community.  Police officers felt it was more important to obey and protect him, than to do what was right for Gayan, a simple student, and pursue this case.

Gayan's relatives listening to him retell his story.

Left with no other option, Gayan went to Janasansadaya (The People’s Forum) to seek legal aid.  Janasansadaya provided him with a lawyer, helped him file an official complaint with the Sri Lankan Human Rights Commission, and bring the case to court.  Since then, the assaulting teacher has been trying to negotiate a settlement out of court with Gayan, and has paid him some compensation money.  However Gayan intends to push on with the case, until it is taken to court, regardless of the settlement offers.

As an organization that works to eliminate violence and torture in Sri Lanka, Janasansadaya felt it was important for them to get involved in this case.  “Corporal Punishment is prohibited by law in Sri Lanka, and that applies at all levels, including schools,” says JusticeMakers Fellow and Janasansadaya lawyer, Harshi Perera.  “Violence in schools affects the students both physically and mentally.  I myself, like many others, was subjected to corporal punishment in my school years, and I am glad that through Janasansadaya, I can now work to protect today’s children from ill treatment in school.”

Since this incident, Gayan has passed his Advanced Level Exams from the Buddhist school with the highest marks in his class, and is now doing an external university degree.  He continues to work with Janasansadaya to inform the public of his ordeal, of abuse of authority in schools and the lack of protection offered by the police.  He hopes in this way to empower people to report and fight against unnecessary violence that was committed in the name of respect and authority.

Gayan organizes a seminar for his friends, family and neighbors, with the help of Janasansadaya, to discuss human rights' issues.

Above: Muswahili and his assistant Brown walk to a nearby forum on a typical, red clay road, often found worse for wear after heavy rains. (Photo by Rachel Roberts)

Currently operating through an NGO called NOVOK (National Organization of Volunteers of Kenya), his continuing commitment to sharing information and encouraging others to share his passion for justice is clear, and often sees him working long weeks (conducting meetings on Saturdays!) and late evenings, much as he likely did during his JusticeMaker tenure. Muswahili mentioned that once his hectic June pace slows, he wishes to return to some of his JusticeMakers work, even though his formal year is over. The forums are part of the Western Kenya Rights Support Initiative (implemented through NOVOK with the support of Amkeni WaKenya and the UNDP), which shares many of the same goals as Muswahili’s IBJ sponsored project; namely to increase political participation within rural and marginalized populations, to increase the awareness of rights and the capability to monitor and report abuses, and to provide a framework for discussing community problems, including those related to the justice system, and proposing solutions.

Above: Muswahili addresses a forum near his home. Though many of the attendees can’t read or write, they are still eager to participate and discuss community issues. (Photo by Rachel Roberts)

Ideally, the forums will also serve as a nexus for dialogue with members of local government. Muswahili envisions local and district level administrative officers being invited to and attending future meetings, where citizens would have the opportunity to bring forth problems and possible solutions and hear the government’s responses.

Walking through his hometown of Mbale and surrounding areas, it is obvious that Muswahili has created quite a network of contacts from the sheer number of people who pause to greet him and inquire about his work. An engaging speaker who has already drawn many locals to his push for justice system and governance reform, he utilizes his network to help mobilize people into groups that congregate in churches or schools (or even on a lawn in a patch of shade)

Above: Looking more like a lawn party than a meeting, Muswahili addresses a forum in Kima. (Photo by Rachel Roberts)

and wait patiently for him to arrive and explain the project’s goals and structure. He seems to be knowledgeable on just about every subject – including areas as widespread as agriculture and world politics, but his most important knowledge bases remain the people and problems of Kenya’s Western Province. Muswahili’s rapport with local communities and his familiarity with their unique problems will be a significant asset in future pushes for reform.

Even in this early phase of his current project, some successes are materializing. At their first independent meeting on June 7, the forum in Emusenjeli focused on the rights of the elderly and of widows to receive periodic government aid in the form of food. Apparently this aid often does not make it to the intended beneficiaries, but is instead lost somewhere along the way within the delivery channels. The forum was able to get the Chief (a local administrative official) on the phone to discuss the problem with him as a group and press him for assurance of delivery in the future.

Above: A particularly youthful forum near Majengo votes for interim officers to call, run, and record their next meetings. (Photo by Rachel Roberts)

Future foci for discussion include criminal justice issues, particularly in areas Muswahili deems more “cosmopolitan,” such as Ekwanda, which is near Luanda town and where a forum was formed on June 9th. Particularly striking is the fact that many people accused of crimes are held for long periods in overcrowded prisons, unaware of their legal rights and without access to an attorney. Though the overcrowding issue may not be easily addressed without a long term overhaul, with interaction between the forums and local officials, and with education coming from individuals like Muswahili, the forums may start to address the knowledge deficit among the accused with regard to their rights. Muswahili stresses that it’s important for people to view their rights as an entitlement – if, as a result of these forums, even one person is able to successfully demand justice in the form of faster adjudication or the presentation of just cause and ample evidence for arrest and detainment, he’ll likely deem them a success.

The forums are ultimately about participation, discussion, and empowerment. People who would be reluctant to act individually draw strength from numbers and it enables them to push collectively for much needed reform in the justice system and related realms of governance.

Article 5.1 of the treaty lists the crime of aggression – along with war crimes, genocide, and crimes against humanity – as one of the most serious crimes of concern to the international community as a while, and provides that the crime falls within the jurisdiction of the ICC. Article 5.2, however, stipulates that the ICC may not exercise its jurisdiction over the crime of aggression until such time as the states parties agree on a definition of the crime and set of the conditions under which it may be prosecuted.

Agreeing on a definition of the crime has so far proven difficult. In December 1967 the UN General Assembly resolved to define the crime of aggression and created a committee which – after seven years – proposed a definition which distinguished between aggression and a war of aggression. Use of force in contravention of the UN Charter, armed violations of territory, bombardments or blockades, were given as examples of acts of aggression, as distinct from a war of aggression which is a series of acts of aggression committed with a sustained intent. Acts of aggression perpetrated by states were said to give rise to international responsibility, while a war of aggression was a crime against international peace.

In relation to the jurisdiction of the ICC, this definition is problematic for many reasons. Firstly, for example, the definition suggests that states would be held responsible for acts of aggression. The jurisdiction of the ICC however, is in relation to the prosecution of individuals. Secondly, the definition fails to allow for non-state actors, who are often key players in transnational conflicts.

The Coalition for the International Criminal Court (CICC) represents over 2500 organizations from all over the world with differing mandates and expertise that strongly support the Rome Statute System. Because of differing views held by the organizations it represents, the CICC itself has not taken a position on the definition of the crime of aggression.

A definition of the crime of aggression is a principal agenda item for the CICC Review Conference on the Some Statute of the International Criminal Court, which will be held in Kampala from 31 May until 11 June 2010. 2008 JusticeMakers fellow Robert Kibaya (Uganda) is attending the conference on behalf of his organization, Kikwanda Rural Communities Development Organization (KIRUCODO), which is a member of the CICC. Robert is pictured below at the conference together with KIRUCODO lawyers Patrick Ssemakula and Vincent Katuba

Stay tuned throughout the coming week for further updates on the conference.

In addition to the seminars and group discussions he has held so far for his JusticeMakers project, Evans Muswahili recently obtained a permit from the ‘National Environment Management Authority’ (NEMA). This enabled him to hold a roadshow on 6th March on the need for criminal justice reform in Kenya. NEMA is an institution of the Kenyan government that controls and manages the environment, including for example, regulation of noise pollution. Evans encountered delays for the roadshow because a permit is required from NEMA that will allow noise from the roadshow to extend beyond 30 meters – the legally enforced boundary.

Permit authorised by NEMA, an institution of the Kenyan government.

Evans is using his grant to help women in the Vihiga district of Kenya who suffer from discrimination and violence because out-of-date practices continue to be upheld in his community. He’s working to end gender-based injustices such as forced wife inheritance and underage marriage by enabling women access to the correct legal procedures. Before Evans’ JusticeMakers project, women were confronted with corrupt judicial officials, employers and village chiefs, with nowhere to report their injustices to, and no way of accessing a fair trial.

Female participant of the roadshow requesting help.

Over the past few weeks Evans has been busy with the logistics and preparation of the roadshow, including: hiring two vans, a public address system and creating publicity materials such as posters, brochures and radio adverts. Fortunately, he had a long list of volunteers willing to participate and help in the roadshow! The roadshow was held on 6th March and was used by Evans as an opportunity to promote his JusticeMakers project and generate public awareness of the work that he is doing. The day before, Evans and his team drove a van through the market towns and used the loudspeaker to publicise the event.

The van Evans hired for the roadshow.

For the roadshow, Evans and his team went to the Vihiga and Sabatia Districts of Western Kenya. Roadshows were held at Majengo and Mbale market-towns in Vihiga district and Stand Kisa market and Chavakali shopping centre in Sabatia district.

Evans (pictured with the microphone) addresses participants at Mmbale market.

Using the hired public announcement equipment Evans discussed the issues his JusticeMakers project is seeking to address, with a particular focus on the need for criminal justice reform in Kenya. During his speech, Evans talked about arbitrary arrests and detainment and the torture of suspects at the hands members of the police force. He challenged the community to take the lead in criminal justice reform and end the culture of bribing the police. He asked the public to support the police by volunteering information on wanted criminals. Evans explained that this was being encouraged and facilitated through the Kenyan government, and he urged citizens to make use of the recently passed ‘Witness Protection Act’. The Act was passed by the Kenyan parliament to guarantee the safety of witnesses through the establishment of a Witness Protection Agency.

Evans giving personal consultations after the roadshow.

As a concluding statement at each and every venue, Evans reminded women that his Justicemakers project sought to amplify their voices in their pursuit of justice. To this end, he invited them to share with him their concerns and opinions on the issues he had raised at the roadshow.

Evans (right) and his team of volunteers award a participant of the roadshow with a JusticeMakers t-shirt.

During the roadshow, Mercy talked with participants in private about their concerns and problems with the criminal justice system in Kenya. Mrs. Rhoida Lugovane, aged 39, explained to Mercy that her cousin operated a bicycle taxi and was arrested after one of his passengers lost their luggage. He is merely a suspect – effectively he is innocent until proven guilty – however, he has been waiting in prison throughout the three years his case has spanned. Mercy learned that due to lack of evidence the case is likely to be thrown out of court. This is just one example of the many individuals languishing unnecessarily in Kenya’s prisons.

The total number of people reached by Evans was 400, with an average of 100 people per roadshow.  Members of the public who attended include: traders from the markets, vendors of a wide range of products like newspapers, fast foods and other refreshments, bus passengers in transit and bus ticket sellers.

Patrick Dunkwu and Fitzpatrick Maria form the JusticeMakers team in Lagos, Nigeria. Photos by John Densky. Text by Chelsea McConnell.

In breach of the Nigerian constitution, the police force is known to arrest criminal suspects without allowing them to notify their family or a lawyer.  Patrick documented cases of prisoners being held for years without trial.  The detainment of accused people is further facilitated by the Holding Charge system, which gives the police the power to detain suspects while they are searching for, and gathering evidence against them.

Using his JusticeMakers grant, Patrick has mobilised a network of legal aid lawyers and paralegals to visit prisons, courts and police stations.  By arming them with mobile telephones, Patrick has helped detainees receive legal representation as early as possible, as well as ensure that their families are notified upon arrest. In his latest report, Patrick praised the ‘tremendous support’ from the Nigerian Bar Association who helped make his project possible, by encouraging its members to work with him.

A view from a prison cell of young Nigerians playing football in the morning.

Patrick has visited over 20 police stations in Lagos to offer immediate legal support to arrested criminal defendants, filed cases in courts to enforce their fundamental rights, and successfully conducted a human rights and legal aid training programme for paralegals and his local community.  So far, Patrick has ensured the release of 38 criminal defendants from unlawful detention, which was made possible by the volunteers stationed at prisons.

Patrick’s main challenge was the hostility he received from police officers in the initial stages of his project.  Through holding a series of consultations and meetings with senior prison and police officials, Patrick was able to pave the way for collaboration.  From the meetings, he received written confirmation from senior officials directing junior police officers to allow him access to criminal defendants.

The courts in Lagos were more often than not without electricity. As a result the accused are shipped back to prison and must wait often months for the next appearance.

In the future Patrick hopes to replicate his project in other parts of the country. A number of local NGOs in Nigeria have extended invitations to him for help with the development of their legal aid programmes.

Incredibly, Patrick was also recently (in January 2010) invited to Ghana by a local NGO to train lawyers and paralegals to replicate his project there.  The Ghana based NGO read about Patrick’s project through the JusticeMakers website.  While in Ghana, Patrick successfully trained 18 lawyers and 12 paralegals on legal aid delivery strategies and the use of ICT to deliver legal aid to prisoners.

“My lawyer friends working in big corporate organisations and who earns fat salaries always tell me that they do not understand my passion for defending criminal defendants almost for no material gains when I did not go to law school free of charge.”  Explains Patrick in a recent report that does not do justice to the amount of compassion he has.  “I always refer them to the biblical saying, that man shall not live by bread alone.”

Be in Vision Pakistan and Pakistan Lawyers Foundation (PLF)

Be in Vision Pakistan and the PLF, JusticeMakers partners in Karachi, Pakistan, have worked in tandem to promote the competition. They have done outreach in the media, promoted at workshops they hosted and posted information in densely populated and critical areas such as the court house and city hall.

On February 10, The Frontier Post, a widely circulated English newspaper in Pakistan, published the JusticeMakers Press Release with the help of Be in Vision Pakistan and the Pakistan Lawyers Foundation.

The team from Be in Vision Pakistan and Pakistan Lawyers Foundation stand in front of their JusticeMakers banner at the Karachi Bar Association workshop they hosted. 

Pine Tree

Pine Tree is a social justice NGO in La Trinidad, Philippines that focuses on the environmental and cultural rights of indigenous peoples. On January 27th, the launch date of the competition, they hosted an event to raise awareness about the JusticeMakers competition and criminal justice issues. There were 46 participants from both the government and non-governmental sectors, media coverage and student observers from local universities. According to Michael Bengwayan, president of Pine Tree, the event was “lively and participants were enthusiastic. It was very informative and raised a lot of curiosity. In the end, lots of interesting ideas emerged!”

Legal Rights Forum Pakistan

Legal Rights Forum is another criminal justice NGO in Karachi, Pakistan that focuses on providing legal aid and legal rights education. They posted flyers and informational packets in over 60 Bar Associations and Legal Societies throughout Pakistan. They sent over 500 SMS messages to lawyers and NGO officers promoting the competition. In early February they conducted multiple round table discussions highlighting JusticeMakers and facilitated a lecture in a LLM University classroom.

Legal Rights Forum of Pakistan (LRF) hosted a JusticeMakers Launch Event at the Karachi Bar Association, where hundreds of lawyers were in attendance.

Legal Rights Forum of Pakistan (LRF) hosted a JusticeMakers Launch Event at the Karachi Bar Association, where hundreds of lawyers were in attendance.  

Malik Tahir Iqbal, the Founder and Chairman of LRF, gives a lecture to students at the Sindh Muslim Law College in Karachi, highlighting the JusticeMakers Fellowship. 

Translated Press Releases

When we released a press release announcing the 2010 JusticeMakers Competition, we originally only had it an English-language version. However, with the help of our JusticeMakers Partners were were able to get it translated in the following languages: Urdu, Hebrew, Bahasa, Pashto, Taglog, Mongolian, Thai, Nepali, and Russian. If you would like any of these versions, please email JusticeMakers Project Coordinator Liam Hanlon at liam@justicemakers.net.

Once again, thanks to all our partners for their support and dedication in bringing this opportunity to communities throughout Asia. More updates will be coming soon!

Members of the Community Criminal Justice Monitoring Committee taking notes during a training. Photos are by John Semakula, edited by Jennifer Westmorland.

A group of 10 individuals were selected and trained to become a criminal justice committee. The committee has been monitoring and scrutinising criminal justice practices in Kikwanda in order to bridge the gap between those working in the justice system and members of the community. To some extent, there has been damage and loss of faith in the criminal justice system of Uganda. Before Robert’s JusticeMakers project, those suffering from human rights violations did not have anywhere they could report their injustices to.

Volunteer lawyer Vincent Katuba (left) with members of the criminal justice monitoring committee. The committees consisted of a diverse membership – both men and women, and a range of age groups.

Now, however, the people of Kikwanda can request the help of the committees who report to Robert’s organisation the problems people need help with. In turn, Robert’s organisation provides advice and recommendations as to how the problems may be resolved. The work carried out by Robert has helped women such as Kizza, who is 70 years old and lives with her son in Kikwanda village. She depends solely on growing food in the small plot of land she owns in the village. Last year, Kizza sold off a piece of land to her neighbour for a small amount of money; the neighbour paid Kizza half of the money in cash and promised to pay the remaining balance a month later. However, 9 months later, the outstanding balance had not been paid. Kizza was informed by a member of Robert’s criminal justice committee that she would be helped if she went to the head offices. At the head offices Kizza met with Robert, who introduced her to one of the organisation’s volunteer lawyers. He was able to give Kizza a free legal consultation and resolve the dispute; Kizza was paid the outstanding balance owed within two weeks of Robert’s help.

Kizza aged 70 (right), who was helped thanks to Robert’s project.

Following the completion of the project Robert distributed evaluation forms to the people of Kikwanda. This was to determine the impact and effectiveness of his project for the community. Robert was met with an incredibly positive response – when asked if the project was beneficial and if they would like the project to continue 100% answered yes to both questions.

Scanned copies of the evaluation forms Robert handed out to the people of Kikwanda. The comments were translated by the committee members, and some were even filled-out on behalf of those can not write. The first one reads “We want lawyers to be available everyday to help us with law.” And the second says “I want the lawyers to keep around because they have helped in many ways.”

The evaluation forms demonstrated the high demand for projects such as Robert’s. A large number of people wrote requests for more lawyers to be available, more often, in the comments box of the evaluation form.

Patrick Semakula (left) and Vincent Katuba (right) are volunteers lawyers who assisted Robert with his JusticeMakers project.

Patrick Semakula, a volunteer lawyer who helped Robert, indicated the benefits of the project when he explained that the majority of people living in rural areas, such as Kikwanda, have never had direct contact with a lawyer before.

“According to the residents of the village, no lawyer or magistrate has ever visited the place (Kikwanda) on legal matters;” said Patrick Semakula, “so they (members of the community) were shocked when we introduced ourselves as lawyers.”

The people of Kikwanda have now been educated on their rights and know who to turn to when there is an injustice; thanks to the committees, the correct procedures of the justice system are being followed.

Evans at home with his children.

Evans explained the challenges of operating in a district, such as Vihiga, that is so resolutely patriarchal. He found it difficult to convince male members of the community that his project was not disproportionately empowering women at the expense of men. Evans’ determination and efforts to convince more ‘hardliner’ males was finally rewarded as the men in Vihiga district now fully support his project. The women in Evans’ community have praised his work and the fact that they finally have someone who voices the problems they face in Kenya’s criminal justice system. On a more light-hearted note, Evans pointed out that many women laugh at the fact that it’s a male voice addressing their concerns!

Evans at a function, with one of the many women he is helping in his community.

In a major breakthrough, Evans secured a working relationship with the Provincial Administration of Vihiga district, which is the authority controlling local governance in Kenya. This gives Evans access to key actors such as chiefs, village elders, judicial officers and the administration police. Consequently, it has enabled Evans to educate members of the judicial system on their responsibilities and obligations to women through seminars. This breakthrough has also meant that Evans can establish forums in which the judicial officers, members of the public administration and the public can interact and conduct peer review of each other.

Evans at Vihiga prison.

During a meeting Evans explained the grave situation in the prison system of Vihiga district. At a 600 capacity prison there are currently 3000 prisoners locked away awaiting trials. Additionally, those who stand accused of petty crimes are sharing their cells with capital offenders. Owing to the overcrowding in prisons, many of the prisoners died. The healthcare facilities have been unable to deal with the high numbers of prisoners needing treatment for diseases such as TB and cholera. Some of the prisoners’ reactions to their dire circumstances has been violent, threatening the lives of prison wardens and fellow prisoners. Evans has been documenting and reporting on this problem, and then writing letters of petition to the prison superintendent. His efforts have led to the approval of a prison being constructed in Vihiga which will help reduce the overcrowding of the district’s prisons.

Evans plans to broadcast a two hour radio show once a week which will help raise awareness for his JusticeMakers project. He also hopes it will increase the number of people he can reach and offer help to. More details about the radio show to follow soon!

This group of 56 partners is as diverse as it is large, covering over 30 countries and advocating for an array of issues. Collaborating with IBJ, they have used both online and offline promotional tools to bring this opportunity into their local legal communities and facilitate participation.

These organizations have stood up among others to say “no” to torture and illegal and arbitrary detainment in developing and transitional countries. An act of generosity, an act of solidarity and an act of strength.

The following JusticeMakers Partners have done an especially diligent job at generating enthusiasm for the competition and getting their communities involved.

http://panepal.org/

Prisoners Assistance (PA) Nepal, a non-profit organization dedicated to penal reform in Nepal, hosted a JusticeMakers event on January 22nd in Kathmandu, Nepal. Collaborating with other JusticeMakers Partners in Nepal-Advocacy Forum, Committee for Social Justice and Women Foundation of Nepal-PA Nepal coordinated roundtable discussions and information sessions to present this Fellowship to legal and human rights activists in the region.

Qadir Foundation

The Qadir Foundation, a non-profit organization dedicated to promoting human rights in Pakistan, has helped get our press release translated into the hands of many influential newspapers in Karachi and other parts of Pakistan. In addition, the Qadir Foundation has translated the press release into Urdu, helping to get it published in many Urdu media outlets.

Lembaga Bantuan Hukum Masyarakat (LBH Masyarakat)

LBH Masyarakat is a community legal aid institute providing legal services and counsel to those in need in Indonesia. They have taken it upon themselves to promote JusticeMakers to their vast contact list of legal aid NGOs and media personnel in Indonesia, and to translate documents in Bahasa Indonesian.

If I were to detail the extent of support given by each partner, this blog would exceed the limit of acceptable length. That is what has been so special about the 2010 Competition – every partner has voluntarily gone the extra step to ensure this opportunity is available to anyone that could benefit from it.

Please check out our JusticeMakers Partners Page to learn more about the commitment of our generous partners to systemic social change.

Thanks again to everyone who continues to fight injustice wherever it may be. Justice can’t wait.