Chayes Fellow Kelsey Jost-Creegan on working at Dejusticia in Colombia

Kelsey Jost-Creegan '17 in La Candelaria, Bogota.

Kelsey Jost-Creegan ’17 in La Candelaria, Bogota.

My fellowship at Dejusticia has been an excellent experience thus far. I am working in the area of transitional justice, and I have already learned so much from my work, as well as from my colleagues and the experience of living in Colombia.

I have had a variety of different assignments. First, I co-wrote a memo on the inclusion of economic, social, and cultural rights (ESCR) in transitional justice processes. We were asked to compare different theories of whether ESCR should be included in transitional justice processes, and, if so, how they should be included.

I then helped with preparations for a conference in which experts from around the world come to exchange and debate ideas on transitional justice. I also helped to translate the article, written by two members of Dejusticia, which will serve as a launching point for the discussion. The article explores how much room countries have to design their own peace processes within international law standards, particularly with regards to the permissibility of partial amnesties and alternative forms of punishment. Translating the article—which was 55 pages in Spanish—gave me a chance to learn about international standards in transitional justice, improve my technical vocabulary in the area in both languages, and practice legal translation (as well as my Bluebooking skills). I also helped with some logistical conference preparations such as writing bilingual biographies of the conference participants.

I was also asked to prepare a short report on controversial detentions that recently took place in Bogotá. Earlier this summer, 15 individuals were arrested on allegations that they had connections with the National Liberation Army (the ELN, a left-wing guerilla group in Colombia), and may have been involved in a series of terrorist acts that occurred in the capital over the last year. However, the arrests generated significant uproar from civil society, both because of due process concerns in the way that the detentions were executed, and because many of the detainees were well-known and vocal human rights advocates and civil society leaders (some have suggested that the detentions may be a form of persecution for their advocacy).

I’ve just started my next assignment, which is to complete a memo on the current state of the debate on the incorporation of land reform and/or land restitution in transitional justice processes.

Bogota, photo courtesy of Kelsey Jost-Creegan.

Bogota, photo courtesy of Kelsey Jost-Creegan.

 

Chayes Fellow Lauren Blodgett on working at End Child Prostitution, Child Pornography, and Trafficking of Children for Sexual Purposes in Thailand

Elephants in Chiang Mai; Lauren Blodgett '16 at work; Erawan Falls. Photos courtesy of Lauren Blodgett.

Elephants in Chiang Mai; Lauren Blodgett ’16 at work; Erawan Falls. Photos courtesy of Lauren Blodgett.

I am really enjoying my experience in Thailand. For my internship at ECPAT, I am working on a project called Access to Justice for Child Victims of Sexual Exploitation. We are doing a multi-country comparative study to identify the barriers that child victims face regarding access to justice.

In particular, I am focusing on victims’ access to compensation, and I am researching the criminal, civil, and administrative avenues for compensation. I am writing about the theory behind compensation, and pulling best practices and lessons learned from the comparative study. From this research, we hope to provide our network members and other NGOs with a toolkit to help child victims in the aftermath of sexual exploitation. We also hope to use this study to inform international discussions on children’s rights and shape our advocacy efforts before the United Nations.

Chayes Fellow Aditya Pai on working at the Sehgal Foundation in India

Aditya Pai '17 in the Mewat district, India.

Aditya Pai ’17 in the Mewat district, India.

I’ve recently completed my internship with the Sehgal Foundation (formerly known as the Institute for Rural Research and Development) in Gurgaon, India. My project was to analyze the effectiveness of the foundation’s legal literacy camps in the Mewat district of Haryana, through case studies. To do so, I interviewed attendees of 2014 Sehgal Foundation legal literacy camps in all five blocks of the rural Mewat district to find out what they learned at the camp, what action they took afterwards, and how (if at all) they ultimately benefited. I then spoke to attendees who were not able to secure the desired entitlement (e.g. old-age pension) even though they attended the camps. Next, I interviewed counsels and paralegal volunteers of the government legal aid centers. Finally, I interviewed members of the foundation’s field staff to gain further insights on the planning and implementation of legal literacy camps and the state of legal awareness in Mewat. All interviews were conducted in-person and in Hindi.

Aditya Pai '17 in the Mewat district, India.

By documenting both successes and setbacks, I tried to shed light on the ongoing process of improving legal literacy in Mewat. In particular, the important question was why some citizens who attend a legal literacy camp act on the information gained and secure a positive result, while others do not: what is the difference between the cases of success and the cases of ongoing setback? To explore this question, I wrote a final report and presentation in which I shared the case studies, suggested lessons learned, and applied those lessons to make recommendations for improving future legal literacy camps in Mewat.

 

Chayes Fellow Korey Silverman-Roati on working at the Center for Public Interest Law in Ghana

Korey Silverman-Roati '17 in Tarkwa, Ghana

Korey Silverman-Roati ’17 in Tarkwa, Ghana

My work in Accra started with a research project into international, regional, and local (Ghana) human rights issues in mining communities. I shadowed the work of one of CEPIL’s lawyers, and accompanied him to court as he litigated several cases, which included several wrongful terminations of employment and a land acquisition compensation case. Over the course of these court appearances I got to know several of the plaintiffs, discussed strategy with the CEPIL lawyer, and learned some of the challenges of litigating in Ghana.Korey Silverman-Roati in Ghana

I then began work on a research project in CEPIL’s case against the Ghana Gas Company. I researched cases in the U.S., and U.S. case law on adequate compensation, and traveled to the Western Region to view the case in court and get feedback from some of the plaintiffs.

I’ve also been gathering feedback from former recipients of CEPIL’s public interest work. This included a trip to Tarkwa, also in the Western Region, to four different mining communities for which CEPIL has provided pro bono litigation services.

Chayes Fellow Marissa Yu on working at the United Nations Environment Programme in Switzerland

Marissa Yu '17 at the Palais des Nations, the UN's Geneva headquarters.

Marissa Yu ’17 at the Palais des Nations, the UN’s Geneva headquarters.

This summer, I am interning with the UN Environment Programme’s Geneva-based Economics and Trade Branch. My main focus is on a paper concerning environmental provisions in trade and investment agreements.

I started the summer by scoping existing literature, by legal academics and by international organizations, to determine where UNEP can add value to negotiations surrounding legal text in trade and investment treaties. Because this workstream is still being developed, I was able to help determine the direction and content of this first stage of research. My team started with a survey of case law to determine some common challenges for environmental legislation in both WTO law and investor-state dispute settlement. Then, we compiled environment-related texts from trade and investment treaties that entered into force in the past three to four years, and highlighted ones that can potentially address the challenges we isolated in the case law. Examples include exceptions for environmental protection within indirect expropriation, the relationship of multilateral environmental agreement commitments to trade commitments, and implementation mechanisms for environmental commitments. A major part of the paper also examines variations among treaty language, and how each type of clause can make a legal impact on states’ abilities to perform environmental governance. In the end, we produced a 50 page report on recent trends in environmental commitments and presented our findings to UNEP’s Trade, Policy and Planning Unit.

I was also able to attend a conference at the WTO and meet with government missions and academics in order to consider these various perspectives, concerns, and goals while conducting my research. My internship has helped me learn more about international law and better understand the process behind multilateral cooperation to achieve development goals.