Johanna Chao Kreilick: Jude, can you tell us about your personal connection to Uganda, human rights and justice?

Jude: Uganda historically has been in need of human rights. Unfortunately for the last 48 years since our independence, we have not been able to achieve adequate (protection for) human rights. I studied law in Uganda and worked in the Uganda Human Rights Commission as a volunteer where I saw many people who had very compelling stories about their livelihoods. I saw that the whole society in general needed awareness, needed protection, and needed knowledge about human rights….As a student leader I also spent time in Northern Uganda with other students. You would have thought this is not part of our country, this is not part of Uganda. There you see the international community joined Uganda in the struggle for justice - especially for the victims plight.

Johanna: What is the ‘victim’s plight’ in Northern Uganda?

Jude: Access to justice, because justice is not being given by our domestic courts. Thank God the Rome Statute is being discussed and reviewed these two weeks in Kampala (include a link to the Review Conference here). People in Northern Uganda…have been affected psychologically, not only physically, so all the problems and issues cannot be handled by peace agreements alone. Victims need to access justice, either through the ICC in the Hague, or by strengthening the independence of the domestic courts to handle the (complex) range of issues involved.For example the resettling of the victims has not been simple at all. It’s a humbling situation. I remember giving a jacket to one of the victims. He said,

“You’ve given me this jacket, and I am so thankful. I’m going to give it one of my sons that I have adopted that lost his family—their whole family died and only this kid survived—so I took him, but I’m also a victim of this war. We are only getting clothing and small things, and we do not know whether we will get back to our homes that we left because they are all in the hands of the government. We still face injustice as we settle because the land laws and the resettling laws are unclear. We need justice, and we need to resettle to get back to our lives. Some of us did not enjoy our childhood because most of it was full of war, so please go and speak for us whenever you get a chance, bless you, so go and speak for us.”

That’s why I’m here, and I’m going to speak for Northern Uganda because they do not only need justice for peace, but they need justice to get their lives back.

Johanna: Can you share some examples of other types of struggles you have seen?

Jude: There was one victim that really touched my heart. This person lived in a very rural area and he was arrested for rejecting community service (since he had to work for income). So his property, his way of life, his bicycle that he used to make money (as a pedi-cab) was taken away by local officials because he wasn’t given a chance to put his bicycle away. Then he was given a 9-month sentence for not working in the community and after 9 months when he went back to claim his property and bicycle and everything, he was not compensated. In fact he was told he didn’t have a right to his bicycle back, and there was a big process there to achieve justice, putting the story together which was pretty hard because of the court processes that exist. It was very hard to help this individual.

Johanna: You’ve written about prison conditions in Uganda . Can you share some of your insight about detention and human rights?

Jude: Prison conditions in Uganda are so inhuman and degrading. Just getting taken to prison for one day is so degrading. You are held in darkness, not knowing whether it is day or night, sitting in waste matter, and unprotected by the prison warden and the police warden, who would actually encourage prisoners to be violent against each other.

The international community should access those prisons and help those who are crying for justice. I remember a prison-mate telling me “Please go speak for us because you are a student and you’ve studied to become a lawyer, so help fight for human rights.” I would have become a corporate lawyer but I want to become a human rights lawyer to help those who cannot speak for themselves. There are many prisoners and people out there who are not aware of the law or their rights.

Prisoners need someone to speak up for them, especially those in detention without legal aid. They too need access to justice. This is part of the struggle of the student movement in Uganda.

Johanna: Can you tell us what the student movement in Uganda looks like today?

Jude: The future lies in the students, I saw that. The student movement, because of the oppression of dissent, is not able to speak out so freely. Student activities are accessed and controlled by the government in many ways. I remember that some of the student elections on a national level, or even just a university-level, were involved with by government officials. Let me say the ruling party wanted to really win most of these elections with candidates who expressed support for the government. If the government doesn’t allow students to express themselves, then basically, how will Uganda stop impunity, and how will Uganda promise Northern Uganda that things will be fine? How shall we bring about justice? How shall we speak freely? And how do we criticize each other? This was scary, I remember getting involved in national student elections when I was a student and I felt the government was very involved.

Johanna: The student movements and other organizations in Uganda struggling for justice and human rights—what does that struggle look like ?

Jude: The NGOs are trying their best, but most of them are supported by international organizations with limited funding. Many people have many needs and these needs cannot only be settled or provided by the government, so what is the role of NGOs? The NGOs have tried to speak for human rights for Uganda but there are hard challenges.

Also, in my whole time at university, I didn’t see an NGO ever come to hire students or ask them for their views. NGOs didn’t come to campus to express their views and NGOs didn’t tap the resources of the university. Lawyers for example, soon to graduate, wanted to work for NGOs, but no NGOs came by to hire graduating students. I was surprised once to see an international NGO, the Red Cross, talking to students about humanitarian assistance but I can remember no domestic NGOs ever came to talk or reach out to the students.

Johanna: What do you think is the significance of having the Review Conference in Kampala, for students, NGOs, the people of Uganda?

Jude: People have been paying attention, but during the two weeks it was happening, I interviewed an NGO representative in Uganda and they told me there is a lot of misconception of the ICC by NGOs and even by students.  So the challenge is how do we get rid of the misconceptions?

Johanna: What are those misconceptions?

Jude: The proceedings, and even the whole framework of the ICC is pretty difficult to understand. There is lack of awareness in a very broad sense. The students lack awareness and have misconceptions about these issues. I wish the ICC organized meetings with university students but I don’t think that was possible and I’m very sure they were closed away from visiting students. If the ICC sought university audiences, I think something could be worked out because students seriously need to fight impunity and the ICC is looked at as God by some people because they think the ICC can help fight impunity and bring about free and fair elections, can help bring about democracy.

The ICC should make relationships with Uganda’s future leaders, and those are the students.

Johanna: Tell me about your thoughts about the situation in Kenya, which is now under analysis by the ICC given the post-election violence in 2007, and the potential connection with the upcoming Ugandan elections?

Jude: The relationship between the ICC investigating the Kenyan elections is actually very significant in the sense that the Ugandan community sees the ICC working there. The journalists have especially spoken about it, and have shown the Ugandan community that cheating elections can actually lead to an ICC indictment so that has given me confidence and I believe the ICC can bring about fair elections if they show seriousness in their investigation in Kenya, if they move forward and call for the arrest of perpetrators of the election-violence in Kenya, if they move forward and make serious actions that can be seen by the international community.

Uganda is glad this has happened, because it will reflect on our own government to avoid as much violence as possible and to avoid as much repression of the opposition as possible, and to avoid the footprints that will appear in the international community to be violating the rights of citizens to free and fair elections.

Johanna: What are your hopes for the future?

Jude: My vision is a human rights movement, started by students, and it may not happen immediately, but students should take the human rights movement seriously. This is their weapon for a free future, a free future for their children, indeed some of my classmates are parents now and have children.

I’ve been given an opportunity at Harvard, and this is an opportunity for international students to make relations with students in Africa, and I want to work with African students, and I want to connect with African students to make a movement enable them to express their views to the international community. I know here at Harvard there is a space for the international community, there is an international community here interested in human rights—what’s my view, what’s my dream?

I hope to see freedom realized in the next decade, I want to see free and fair elections, and I want to see myself back in Uganda celebrating the achievements that the current students are fighting for, and for future generations.

Bob Rabin is a tough guy to miss in Vieques.  He’s only 5’10ish, but with his unruly curly hair, some of the biggest eyebrows I’ve ever seen, and a swagger befitting a legendary community activist, his presence fills a room.  He serves as director of the local museum on this 9200-person island that serves as a municipality of Puerto Rico.  Every day when Bob drives home from work, people wave to him from the streets, sometimes holding a fist in the air to honor Bob’s status as one of the island’s preeminent rabble-rousers.

About 10 years ago, there was an awful lot of rabble-rousing going on in Vieques.  The U.S Navy had been using the island as a live bombing range for six decades, testing toxic munitions like napalm, Agent Orange, and depleted uranium.  The population got literally sick of it, as the rates of cancer, diabetes, and heavy metal poisoning became staggeringly high for island residents.  A vibrant international movement developed to push the Navy out of Vieques.  And Bob Rabin was at the center of the storm.

Vieques activist and museum director Bob Rabin examines island records from the 19th century.

He tends to downplay the role he had in the effort, but Bob, along with his longtime partner, Nilda Medina, were primary leaders in a four-year campaign of civil disobedience and international advocacy.  They set up “peace and justice camps” inside the bombing area to keep the Navy from completing its exercises.  They saw an ecumenical council of church leaders emerge to speak out against the immorality of the Navy’s presence.  And due to the civil disobedience, over 1000 people were ultimately arrested.  The U.S. media covered nearly every minute of it, keeping the pressure on decision makers to do something about the problem.

Happily, the campaign succeeded, leading the Navy to leave Vieques in 2003.  “We won in spite of ourselves,” Bob says.  “The people of Vieques were pushing for action, so we [the activists] couldn’t let internal politics and petty grievances stand in the way.”

This summer, I’m living with Bob and Nilda in their home in Esperanza on the southern coast of Vieques.  I’m in the house that this activist couple has occupied for the past 30 years, soaking in the activist artwork and lefty bumper stickers that adorn their kitchen walls.  I’m here as a community organizer with the American Values Network, a faith-based advocacy group that wants the U.S. Navy and Congress to help pay the health care bills of the population here.  After all, studies suggest these bills would be much lower if not for the contamination left by the Navy.  Helping the population heal its wounds, both literally and figuratively, seems the least that the federal government can do.

And yet for now, the government is refusing to do even that.  About 7000 Vieques residents have signed onto a class action lawsuit against the Navy, hoping for some kind of relief and support given what they’ve suffered.  But the Navy insists on claiming a defense of “sovereign immunity.”  The Navy claims, in other words, that the king can do no wrong.  The lawsuit is now working its way through the courts.

Besides this civil suit, activists are working to pass a bill in Congress that would put a real hospital and research facilities on Vieques.   Today the island has only a clinic, and an ill equipped one at that.  Residents who want specialized care have to take a long ferry ride to the main island, make their way to San Juan, sit in a waiting room for two hours, and then return to Vieques.  Whether a new hospital materializes or not, there is a consensus that something more needs to be done to help the population of Vieques overcome the health problems it faces.

But here’s the rub.  Winning these kinds of victories requires a fight.  And for now, the island does not have the energy and momentum that it enjoyed 10 years ago.  The U.S. media is no longer paying much attention to Vieques, and there is no full-time organizer working on the issue.  Activists like Bob and Nilda have to scrounge up what little time they have just to do periodic conference calls.  An injection is needed to juice up the movement here.  And that’s where I come in.

Specifically, my role here in Vieques is two-fold.

First, I’m working with churches to explore the possibility of doing advocacy around the lawsuit and legislation.  To recapture the attention of the U.S. and the world, a clear, moral voice will have to swell up from Vieques.  Churches are uniquely positioned to provide that voice.  The credibility that comes from impassioned, soulful advocacy is difficult to overstate.  And so I’m working to help develop the capacity for faith-based advocacy on this island — including identifying potential leaders who can carry the ball forward when I leave.

Second, while the lawsuit and legislation run their course, I’m seeking to lay the groundwork for the island to receive better health services in the short run.  One option is to organize medical mission trips to bring specialists to the island.

Viequenses wait for the one and a half hour ferry to the Puerto Rican mainland, which is the usual means of transportation for specialty medical services.

Another is to see if resources can be found to make it easier for residents to go elsewhere for specialized care.  Additional ideas abound, but for now, I’m interviewing medical professionals and other leaders on the island to see what they have to say on the subject; I don’t want to assume that I already know what’s best.  When I finish my interviews, I’ll produce an inventory of the resources available, the resources needed, and the various options for tackling the problem.  Today, no such report exists, and it should be helpful both for figuring out how to improve health care in the short run and for providing Congress and the courts with evidence of Vieques’s needs.

Ultimately, though, the key will not be what I do, but what the population of Vieques does after I leave.  Success will require a reinvigorated sense of energy and renewed spirit of cooperation.  Is it possible?  No one here seems to be 100% confident, but a conversation I had recently with a local Catholic deacon named Justino Lopez gave me hope.  He told me about the period when the Viequenses were fighting to get the Navy out.  “It was a beautiful time,” he said, “a time where the churches put aside their different interpretations of the Bible and we were all one.”  One event in particular made a mark on Justino:

“I remember a day when we were very close to the impact area.  There was a Presbyterian minister there and a Methodist pastor too.  And I was in a tent.  It was a stormy night, and the wind blew away the tent of the minister of the other pastor, and so they came into my tent.  Can you imagine a deacon and these people from different religions all in the same tent?  It was a beautiful experience, and we came together to give Vieques a voice — a voice that was heard around the world.  When it was over, they asked me, ‘Is this bonding between churches going to continue or not?’  I told them, in the sacrament of marriage, there is a part that says, what God has put together, let no man put asunder.  If we are already united, let’s stay that way.”

Justino isn’t sure where those ministers are today.  Bob Rabin says he doesn’t know either.  But the struggle — “la lucha” — continues.  It’s the struggle of Bob and Nilda, of Justino, and indeed of everyone who seeks justice, accountable government, and basic human rights for dispossessed people.  And maybe the people of Vieques, all of us, can win again.

J&HR Domain: What does the NGO landscape look like in terms of advancing justice   and human rights in Afghanistan?

Jasteena Dhillon: According to ACBAR, the “Agency Coordinating Body for Afghan Relief,” there were 1000s of local NGOs operating in Afghanistan. Until 2005, there were  even more.

In 2005, after the introduction of the new NGO law, more regulations were created that restricted the operation of NGOs. As a result many  of them were de-registered. The aim of the law was to prevent corruption and misuse of international donor funds. NGOs that did not meet the minimum requirements for taxation, by-laws and reporting were closed down. In terms of the landscape of NGOs, even while there were many local NGOs, their scope and programming was mainly limited to livelihoods, provision of water and sanitation, food distribution and governance activities.

It was under the “governance” heading that much of the justice and human rights work was implemented. Doing justice and human rights work, even in safe areas, has always been and continues to be extremely dangerous in Afghanistan. This is mostly because it is wrongly perceived as challenging the cultural and moral fibre of Afghan beliefs. These NGOs are also wrongly seen as doing the bidding of western values at the expense of Afghan traditions. Hence the NGOs that have focused on legal rights, human rights and justice have had to tread carefully.

The main body that works on advancing justice and human rights, the Afghan Independent Human Rights Commission (a governmental watch-dog) is overwhelmed by requests and inquiries into the numerous human rights violations that occur daily. These include brutality and torture by police and other armed groups against people, lack of fair trials and corruption in the judicial system and constitutional violations of peoples’ rights by the government.

Local NGOs who work in the field on human rights, women and children’s rights, hear cases and must face opposition from members of the victims family, from local commanders and government officials who do not wish these cases to go forward and get resolved, out of fear or embarrassment. As an example, in a recent case of a gang rape of a 13 year old girl named Samia from Parwan province, just north of Kabul, her rapists were set free after a local commander pressured the judge not to proceed with the case. The family protested against this and the result was the father was jailed instead of the rapists. The local NGO advocating on behalf of the family was unable to influence this corruption. Link to Al Jazeera interview by Jasteena Dhillon

What are the major challenges and opportunities terms of reach and capacity facing both organic and localized NGOs run by Afghans and that of international or global NGOs?

In terms of work in justice and human rights, in areas where there is relative calm, NGOs operate fairly widely. International NGOs including CARE, which operates programs on Sexual and Gender Based Violence, and the Norwegian Refugee Council, which operates legal aid programs - are able to work well in the North and West and some parts of Central Afghanistan.

It is in the South where international NGOs are most restricted in their movement and reach. They also have problems moving around in some parts of the East bordering Pakistan. In some of these places, local NGOs can move more freely among the population and reach out to clients that the international organisations cannot move around to meet. (Embed captioned pictures of  local NGO - Human Rights Organisation in Shibergan City, Jawzjan addressing cases of women clients of domestic violence and local NGO Community Cooperation Committee in Bamyan conducting information sessions on forced marriage)

There are problems faced in terms of capacity. The number of trained advocates on issues of human rights, law and justice has improved with some of the training and capacity-building funds of the international community. There has also been a significant return of Afghan professionals who work in these organisations and the government which has improved the quality of the work in this area. But NGOs working on these issues versus the volume of the problems is still vastly unequal.

What kind of relationship exists between the Karzai government, the international security forces, and the NGOs on the ground? Is this the right kind of relationship, or should there be a realignment in some sense?

The relations between the government and NGOs is regulated by the NGO Act, elements of which are described above. In terms of funding, most of the money comes from international donors and so the NGOs are accountable in terms of funding to international organisations and governments. The donors, however, operate under guidelines of Memoranda of Understanding (MOUs) that they have signed with the government that prescribe how the NGOs must act, report and pay taxes to the government.

NGOs are vulnerable and have to try and avoid the corrupt individuals and departments in the government. The relationship of the NGOs with ISAF is regulated by guidelines on civil – military relations officially agreed upon in 2009, but which was loosely used prior to that since 2001.

It is a tense relationship that exists between the NATO forces and NGOs mostly due to the vulnerability that NGOs feel in operating in areas where NATO operations are ongoing and which put the activities and personnel of NGOs in danger. Not all NGOs and international organisations agree that working with the military is possible – notably Médecins Sans Frontières and International Committee for the Red Cross still have reservations about the possibility. Right now with the US contingent of organisations and sub-contractors embracing the US counter-insurgency policy, US NGOs have become more closely reliant on the military for implementation of their programs.

Follow this Series of Mini-Documentaries on the System of International Criminal Justice

This mini-documentary is one of a series created by Skylight Pictures from the proceedings of the Consultative Conference on International Criminal Justice, held at UN Headquarters in New York in September 2009. Each of these videos, 5-to-7 minutes long, highlights a contemporary issue facing the system of international criminal justice.

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Link to Conference and Series Information: http://www.internationalcriminaljustice.net

Past Titles in this Series:

• Kenya and the International Criminal Court;
• Humanitarian NGOs and the International Criminal Court;
• Domestic and Regional Complementarity;
• The International Criminal Court Examines Situations in Afghanistan, Gaza, Georgia, and more: The Role of ICC Preliminary Examinations;
• Peace and Justice in Colombia? The Impact of the International Criminal Court;
• The “Emerging” System of International Criminal Justice;

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Follow this Series of Mini-Documentaries on the System of International Criminal Justice

This mini-documentary is one of a series created by Skylight Pictures from the proceedings of the Consultative Conference on International Criminal Justice, held at UN Headquarters in New York in September 2009. Each of these videos, 5-to-7 minutes long, highlights a contemporary issue facing the system of international criminal justice.

Subscribe below to receive notices of each of the mini-documentaries as they are released through May!

Link to Conference and Series Information: http://www.internationalcriminaljustice.net

Future Titles in this Series:

Past Titles in this Series:

• Kenya and the International Criminal Court;
• Humanitarian NGOs and the International Criminal Court;
• Domestic and Regional Complementarity;
• The International Criminal Court Examines Situations in Afghanistan, Gaza, Georgia, and more: The Role of ICC Preliminary Examinations;
• Peace and Justice in Colombia? The Impact of the International Criminal Court;

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Become a Fan on Facebook: http://www.facebook.com/human.rights.at.harvard
Follow Us on Twitter: http://www.twitter.com/hausercenterjhr

Follow this Series of Mini-Documentaries on the System of International Criminal Justice

This mini-documentary is one of a series created by Skylight Pictures from the proceedings of the Consultative Conference on International Criminal Justice, held at UN Headquarters in New York in September 2009. Each of these videos, 5-to-7 minutes long, highlights a contemporary issue facing the system of international criminal justice.

Subscribe below to receive notices of each of the mini-documentaries as they are released through May!

Link to Conference and Series Information: http://www.internationalcriminaljustice.net

Future Titles in this Series:

Past Titles in this Series:

• Kenya and the International Criminal Court;
• Humanitarian NGOs and the International Criminal Court;
• Domestic and Regional Complementarity;
• The International Criminal Court Examines Situations in Afghanistan, Gaza, Georgia, and more: The Role of ICC Preliminary Examinations;

Stay in touch to Receive the Latest Updates on the Series:

Become a Fan on Facebook: http://www.facebook.com/human.rights.at.harvard
Follow Us on Twitter: http://www.twitter.com/hausercenterjhr

Follow this Series of Mini-Documentaries on the System of International Criminal Justice

This mini-documentary is one of a series created by Skylight Pictures from the proceedings of the Consultative Conference on International Criminal Justice, held at UN Headquarters in New York in September 2009. Each of these videos, 5-to-7 minutes long, highlights a contemporary issue facing the system of international criminal justice.

Subscribe below to receive notices of each of the mini-documentaries as they are released through May!

Link to Conference and Series Information: http://www.internationalcriminaljustice.net

Future Titles in this Series:

Past Titles in this Series:

• Kenya and the International Criminal Court;
• Humanitarian NGOs and the International Criminal Court;
• Domestic and Regional Complementarity;

Stay in touch to Receive the Latest Updates on the Series:

Become a Fan on Facebook: http://www.facebook.com/human.rights.at.harvard
Follow Us on Twitter: http://www.twitter.com/hausercenterjhr

Follow this Series of Mini-Documentaries on the System of International Criminal Justice

This mini-documentary is one of a series created by Skylight Pictures from the proceedings of the Consultative Conference on International Criminal Justice, held at UN Headquarters in New York in September 2009. Each of these videos, 5-to-7 minutes long, highlights a contemporary issue facing the system of international criminal justice.

 
Subscribe below to receive notices of each of the mini-documentaries as they are released through May!

Link to Conference and Series Information: http://www.internationalcriminaljustice.net

Future Titles in this Series:

Past Titles in this Series:

• Kenya and the International Criminal Court;
• Humanitarian NGOs and the International Criminal Court;

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Follow this Series of Mini-Documentaries on the System of International Criminal Justice

This mini-documentary is one of a series created by Skylight Pictures from the proceedings of the Consultative Conference on International Criminal Justice, held at UN Headquarters in New York in September 2009. Each of these videos, 5-to-7 minutes long, highlights a contemporary issue facing the system of international criminal justice.

Subscribe below to receive notices of each of the mini-documentaries as they are released through May!

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• Kenya and the International Criminal Court;

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In this 5-minute mini-documentary, leading figures in the field of international justice discuss the possibility of an ICC case in Kenya in light of the controversy over the fact that all  of the ICC’s current cases are also in Africa.  ICC Prosecutor Luis Moreno Ocampo explains why he will not let this controversy influence his decisions.  The former chair of the National Human Rights Commission of Kenya, Maina Kiai, predicts that without a meaningful process of justice, Kenya will be in for more violence in the next election cycle, and insists that the relevant institutions within Kenya have “collapsed entirely.”  In  response, Kenya’s Ambassador to the UN, Zachary Muburi-Muita, defends Kenya’s vibrant society but agrees that Africa as a whole suffers from “a lack of institutions.”  This mini-documentary on Kenya and the ICC succinctly provides unique background to this latest case coming before the ICC.

Featured in this video: Oby Nwankwo, Civil Resource Development and Documentation Centre Nigeria; Murtaza Jaffer, International Criminal Tribunal for Rwanda; Kenneth Roth, Human Rights Watch; Luis Moreno-Ocampo, International Criminal Court; Maina Kiai, former Chairman of the Kenya National Human Rights Commission,  Zachary Muburi-Muita, Permanent Mission of the Republic of Kenya to the United Nations

Follow this Series of Mini-Documentaries on the System of International Criminal Justice

This mini-documentary is one of a series created by Skylight Pictures from the proceedings of the Consultative Conference on International Criminal Justice, held at UN Headquarters in New York in September 2009. Each of these videos, 5-to-7 minutes long, highlights a contemporary issue facing the system of international criminal justice.

Subscribe below to receive notices of each of the mini-documentaries as they are released through May!

Link to Conference and Series Information: http://www.internationalcriminaljustice.net

Future Titles in this Series:

• Humanitarian NGOs and the International Criminal Court;
• Domestic and Regional Complementarity;
• The Role of Preliminary Examinations;
• Colombia and the International Criminal Court;
• Victim Participation and Fair Trials at the International Criminal Court;
• The Emerging System of International Criminal Justice;
• The International Criminal Court and International Relations;

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