Hello hello!

It’s been a very action packed and exciting two weeks here in Uganda… as Brooke already mentioned we had a lovely first-hand encounter with the health care system as I enjoyed a delightful couple of hours at ‘The Surgery’ hospital here in the city. Although I am fairly certain I have never felt sicker I did learn some important lessons from my little adventure with dysentery… first of all, never again will I bypass the oral rehydration salts aisle at MEC. I specifically looked at them a few days before leaving Toronto and was impressed by the number of flavours but chose not to include them in the suitcase of pharmaceuticals and first-aid paraphernalia I brought with me. Poor choice. World Health Organization issued rehydration salts do not include flavouring of any kind and the result is a solution that tastes remarkably like ocean water… not exactly what one is looking for when they are trying to recover from a totally flushed out system. Brooke can attest to the general level of disgust on my face each time I tried to take a sip. There are pictures of my pathetic attempts at drinking but those will not be making a blog appearance. Second lesson was that it is much cheaper to get sick here than it is at home. 12 pills of antibiotics here cost a grand total of $1.50 Canadian… I’m pretty sure it would have been at least 30 or 40 times as expensive back home. Definitely a welcome surprise as I took out my visa and prepared myself for a massive bill. All in all the entire visit with doctors fees, lab fees, and prescriptions came to less than $40… no complaints there. ☺

Aside from our health related vacation the past two weeks have been busy finishing up the writing and editing of the Juvenile Justice Report and starting on preliminary research for the next FHRI report on people with disabilities. What I really wanted to share today though has nothing to do directly with our research but has nonetheless been one of the most memorable experiences for me personally in the past two weeks.

Last Thursday we had the opportunity to attend a one-day conference on the theme of minority rights in Uganda. I think one of the reasons the conference stands out so significantly for me is that it raised a number of issues that I had personally been contemplating over our first month of work. Among these were discussions related to what it means to be a “human rights defender”, the “professionalization” of human rights activism, and the idea that human rights are a western import. Another central theme that emerged from the discussions was the idea of human rights work within the context of a religious state. Although it was a conference addressing minority rights in general much of the focus was dedicated to the specific issues facing sexual minorities in Uganda. Coming from a country whose approach to sexual minorities has been among the most liberal in the world it has been interesting for me to see how many people in the human rights field draw the line of what they are willing and able to defend along religious lines. The inextricable link between tradition, culture, and religion on the perception of human rights is one of the key things I have come to understand during our fellowship. The conference was attended by representatives from an incredible diversity of perspectives ranging from self-identifying individuals and activists from the LGBT movement, to religious based human rights organizations, to non-religious NGOs and civil society groups. The most amazing aspect of this conference was the honest and candid nature of the discussion and the tolerance by all members for the opinions and perspectives of others. By the end of the day I truly felt like everyone of us came away with a heightened awareness and appreciation for the views of all sides and it was incredible to be part of such a vibrant and progressive dialogue.

I think that is all for now - I hope you are all having similarly incredible experiences on your fellowships and I can’t wait to come together in September and share stories and adventures in person.

Take care.

Ash.

The start two weeks ago was great. Ashley and I spent the day finishing the sections for the report that we are writing. I helped research and write the sections on child sacrifice and children on remand. Some of the stories of child sacrifice are horrific. The newspapers have no qualms with putting pictures of the mutilated bodies of children on the front page. The resurgence of witchcraft in Uganda is one of the reasons that child sacrifice is happening with increased frequency. People participate in human sacrifice believing it will bring them good luck and will bring them out of poverty. Children are often chosen because they are seen as pure which makes them more powerful. There was one case where a prominent businessman was convicted of participating in child sacrifice because he put a skull in the foundation of his building to keep the structure from falling. In researching this topic, some recommendations have been formulated to help curb the crime. For instance, raising awareness in children about the dangers of being kidnapped will make it more difficult to lure them away. There is no legal framework specifically preventing human sacrifice. The relevant laws are the Witchcraft Act of 1957, which says that anyone partaking in witchcraft can be convicted of a crime. The problem is that the Witchcraft Act is not widely known nor enforced. In addition, there is the Children Statute, which says that children have the right to be free from violence. It is recommended that legislation prohibiting child sacrifice be created.

Monday night was the start of our medical adventure. One of our colleagues at the office was in a car accident and in the hospital, so we went to visit him. Our next project is going to be working on physical disabilities in Uganda so Ashley decided it would be a good idea to see firsthand what the hospital situation was like. Ashley thought she had malaria so Tuesday morning I went with her to the hospital and she was diagnosed with “a whole lot of dysentery.” We have seen the difference in the hospitals now and worked with the nurses and the doctor who were all wonderful. We went home that same day with antibiotics and yummy rehydration salts. The publication is essentially in the editing stages so I was able to work for home and be with Ashley who spent Tuesday and Wednesday in bed.

Our time with FHRI is great and they are very accommodating. We were able to visit Kampiringisa (the National Rehabilitation Centre for juvenile offenders) after Ashley returned to work. Children go to Kampiringisa once they are convicted of a crime. FHRI had already been there, but felt that it would be beneficial to our understanding of the issues surrounding juvenile justice if we went and conducted interviews as well. We were able to interview the head social worker and several children. We went on a tour of the facility and I realized there is very little security. The home is in the middle of nowhere, so even if the children escape to the closest town, the police bring them back. Kampiringisa also houses street children who are rounded up off the street. It was surprising and heart wrenching to see children as young as one and two who were street children.

Last week was a great week because we were able to attend a meeting on defending human rights defenders in Uganda. We were also able to attend a conference on protecting minority rights. The most contentious issue is that of sexual minorities. There are very distinct and opposing camps here in Uganda regarding this issue, and the candid discussion was very interesting. We also sat down with our supervisor and discussed our plan of action for the remaining weeks that we are here so now we are doing a needs analysis on problems faced by persons with disabilities as we finish up the juvenile justice report.

Yesterday was election day in Argentina. Nothing particularly rowdy, exciting or scandalous happened (unlike in other latin american countries this week... the coup d'etat in Honduras primarily comes to mind), however that's not to say that I didn't find the whole experience intriguing. For example:

* The "right-left" divide which I find fairly obvious in both Canadian and American (even European) politics, I did not find so obvious here. During the television debate of main contenders for the seats representing Capital Federal (the city of Buenos Aires), all four candidates used the term "social exclusion" and talked about poverty being a major issue. I wish all Canadian politicians agreed that social exlusion and poverty were main political issues...

* Apparently, making fun of politicians 3 times a week for their personal (not political) attributes is acceptable. Not only acceptable, but the most popular Argentine television show currently is a spoof of "big brother," where comedians dress up like politicians, do ridiculous things (think song and dance numbers and imitate politicians' mannerisms), and then someone gets voted off at the end of each show. In case you were wondering, the President is played by a trans-sexual who wears too much make-up and her husband, the former president, has a fake googly eye. Somehow, I don't find it productive political criticism, but I am willing to admit that I do not yet understand Argentine humour, so perhaps I'm just missing something... and also, as a p.s., it is thought that this show has actually had some influence on voter opinions during this election. huh?

* A community debate was held in one of the villas (urban slums), which I thought was a very progressive and positive event. However, I couldn't help but notice that a) none of the actual candidates were there- just lower members of their political parties there to "represent" them; and b) it was held outside in the evening chill next to a highway, airport, and railway, without a microphone for the first half of the event. Needless to say, I couldn't really hear much.

* One of the official campaining signs I found particularly outrageous (meaning it would have never, ever made an apprearance in Canada, right?!) was: "It's the capitalists who should pay for the economic crisis!" with a smiling picture of the candidate underneath.

* And my final commentary: I noticed on voting day that all polling stations were divided by sex. I'm still on the hunt to figure out why... Any ideas?

I look forward to paying attention to the run-up for the next Canadian election and seeing what kind of quirky details I can notice...

When I first arrived in Lusaka, which coincided with our neighbour/landlord’s “kitchen party” (Zambian version of a bridal shower) for their maid – and hence free food for me- I remember thinking a month is so far away and that I will probably have seen and done a lot a month from now… well yesterday marked my one month stay in Zambia, and frankly, I think I need at least another 6 months in this country to fully experience it.

Nevertheless, I am happy that during this month, Jamie and I were able to travel to (or at least pass through) Zambian borders to the East and North-West. To the East we passed through Chipata, the city dividing Zambia and Malawi. Our trip to Malawi was amazing for the following reasons: Lake Malawi is probably the most ‘laid-back’ spot in the world. Containing its indigenous charm and tranquility, the part we visited (Senga bay) has fortunately managed NOT to attract the typical beach-going tourist population. Instead, its quiet and friendly beaches are occupied by fishermen from nearby villages, local children playing joyfully in the water, Malawian city dwellers who escape the city life for the weekend, and of course foreigners who work in nearby villages or NGOs. Also, since Malawi is economically ‘less developed’ than Zambia and less influenced by Western travelers and expats, its people have different attitude towards foreigners. They are even friendlier than Zambians, not so concerned with selling you stuff, and everywhere we went, children and adults demanded that we take our pictures, whereas in Zambia it’s a huge cultural faux pas to take a picture of someone unless they consent to it. Constantly trying to compare the two countries- while reminding myself that “Zambia is more developed, Zambia is more developed”- I was surprised to find out that Malawi was much more progressive in terms of gender equality and protection of women’s rights.

One: Malawi’s vice president is a woman. Two: One of their national heroes (known to almost every Malawian) is a female social development lawyer, by the name of Seodi White [she was a distinguished visitor at the OISE Center for Women’s Studies in Education, UofT, and a gave a lecture on Women’s Rights and HIV/AIDS in Malawi and Southern Africa- which I attended in 2007 and was greatly inspired by]. Three: Malawi has passed a legislation outlawing domestic violence in 2006 (with the help of Seodi). Four: Constitution of Malawi contains provisions guaranteeing Rights of Women and the Right to Development, while Zambia has no such provisions currently.

So I’ve been trying to make sense of the link between social and economic advancement, and the peculiar role that culture plays in the mix. The truth is, the Lusaka I see now doesn’t seem to be so blatantly gender-biased. I had to remind myself that African culture does not have the same tradition of women subordination as say, some Muslim and other developing nations. A stroll in the Lusaka Sunday market is the clearest indicator of the traditional portrayal of women in Africa. In local canvas paintings of custom and tradition, women are always depicted alone or next to men, working or carrying buckets of water or bins on their head. Women are portrayed in the same size as men, almost indistinguishable expect for their headwear or ruffled skirts. Though traditionally women have consumed the domestic and thus unpaid work of taking care of the home, rearing children and making nshima (staple food of a few African countries including Zambia, made from ground maize flour), this work is not considered inferior to men’s as the more in number and the healthier children are, the more of a status a man and his family has in the community. The daily regimen of nshima and relish is considered not just food for digestion but a necessity since food without nshima is merely a snack. Moreover, cooking nshima is considered an art form with the aim of achieving the correct texture and taste.

Currently less than 40% of Zambians live in urban areas. Among this population, almost every single man (from university to middle age) makes nshima daily; women attend schools in similar number to men and they work side by side men in offices and stores. Women’s sexuality is not a dominant source of attraction and exploitation as they freely expose their breasts in public while feeding their babies. Youth and university students openly discuss HIV and sexuality issues, get tested regularly and form meaningful relationships. It is no longer (if it ever was) socially unacceptable for “good” girls and women to drink like men. [Smoking however, is still frown upon and I have been unable to spot one Zambian woman who smokes].

The social interaction that I notice here, however, is probably due to the fact that there is an emerging middle class in Zambia, and that Lusaka is home to University of Zambia, the country’s most revered post-secondary institution. I try to remain conscious of the fact that unemployment rate is a staggering 50% and that more than ½ of the population lives in rural areas, where cultural norms and traditions are not transformed with the same force and speed.

Nevertheless, even a rudimentary transformation of cultural values that can bridge societal conceptions of masculinity and femininity must be interpreted as a tool that can facilitate wider, cross-sectional reform. This reform can only be achieved through government commitment and action, by enacting legislation and policies that recognize these values at an institutional level as opposed to casting them as mere deviations from the norm. As such, I think that what makes Zambia ‘less socially progressive’ than Malawi which is in fact less socio-economically developed is not tradition or culture, but rather government inaction and lack of written law that expresses populist tendencies in a formal and sweeping manner.

Our third week started with a grueling drive back from Dharamsala. It took us fourteen hours to reach home and despite the amazing experiences I had during the weekend, I was happy to be back in Delhi. This is a favorable outcome since I am finally thinking of DeIhi as being home. I am usually able to handle long drives but this drive included many bumpy and windy roads with occasional traffic. Overall, visiting Dharamsala was an amazing experience both as a tourist and researcher. McLeod Ganj was beautiful and watching Tibetan monks debate with each other within the temple was an experience I shall remember for the rest of my life. The cool breeze while overlooking Dharamsala valley was a welcome change from the Delhi heat and traffic. 

Despite these amazing experiences as a tourist, the most profound impact was made on me during attendance of seminars organized by HRLN. It was here I finally had the chance to see those who are being impacted by HIV within rural areas. The stories being told regarding the oppression being experienced had such an emotional impact. My motivation for this project keeps increasing in ways I never expected. 

For the rest of the week I researched for my project and refined my objective. Initially my focus was on creating an booklet which would spark the filing of Public Interest Litigation cases. However, I have come to realize through recent cases being heard that taking this route is not really effective. For NGO’s and HRLN to truly have an impact and protect the rights of those living with HIV, they must take advantage of existing provisions within TRIPS. It is important to realize there is no turing back and that India has now completely adopted WTO requirements to become TRIPS compliant. A provision within TRIPS I will primarily focus on is the ability for a civil organization to file a pre-grant opposition. According to TRIPS, the Indian patent office must make public all patent applications and hear any oppositions filed, before granting patentability. Recently, the patent for the drug Valganciclovir was given without due consideration to pre-grant oppositions filed by civil society organizations. The high court of Madras ruled that improper consideration given to these oppositions initiates the annulment of the granted patent. To truly obtain patentability, the Patent Office of India must hear all the oppositions and then make a ruling whether to grant a patent. This is where HRLN should focus their efforts to make sure existing and new ARV drugs do not achieve patentability and hinder the generic industry from producing the drugs at a low cost. 

This week I have realized that I need to establish contact with DG Shah. He is currently the Secretary General of Indian Drugs Manufacturers Association. He is often known to be soft spoken but when it comes to issues dealing with patent law, the ratification of TRIPS and the ramifications on the Indian pharmaceutical industry, that trait is no longer apparent. Attaining his involvement would be instrumental especially since he has voiced numerous opinions regarding compulsory licensing and pre-grant oppositions. I have begun drafting an email and considering his position within the industry, I am sure that I will be sending numerous emails to initiate contact.

I must admit that my research undertaking has been a little frustrating. I thought there would be abundant resources regarding the subject matter but this has not been the case. Information is especially limited regarding pre-grant oppositions and compulsory licenses within the Indian context. The information sources I have found are often incomplete and unorganized. This endeavor is going to be tedious but I am highly motivated and excited to complete this project. 

I hope this post finds you all in good health and enjoying your internships!

Help. HRLN’s role is to help people. The goal of their legal education and training is to promote not only awareness about HIV/AIDS but also to help people understand their legal rights and their positions as equal persons under the Constitution of India. The challenge we encountered this week, which was in hindsight to be expected is that we can only help people that our willing to let us help. Jen and I met with a woman this week who works for an organization called the World Care Council. She is helping to implement programs for those affected by Tuberculosis, HIV/AIDS and Malaria. Her organization is there to provide assistance and support. In our meeting with her we were searching for cases of maternal mortality and HIV/AIDS so that we can put together a public interest litigation claim, so that something can be done about this issue and about the policies that exude discrimination towards HIV positive persons, in particular soon to be mothers whose own life and the life of their child is at stake. This woman tells us the story of a soon to be mother that is being refused a Caesarian section by the hospital for her firstborn child. Her concerns are that she gives birth to a healthy baby. We took this case back to HRLN and they contacted the woman offering HRLN’s assistance and help to ensure that she and her baby are provided the treatment they require. While she initially insisted she would be grateful for help, hours pass and her mind sways. She decides she no longer wants the help of lawyers. We don’t know if she is fearful for her confidentiality, fearful of lawyers, fearful of her family, or all of these things. There is no way of knowing, there is only one thing that becomes abundantly clear from this, try as you can to help someone, you cannot help someone who does not want to be helped, whatever the reasons. It is not a novel realization, but it a challenging one.

The Space Between Us. I started reading a book this weekend that I would recommend for anyone traveling in India. It is called the Space Between Us by Thrity Umrigar. It was recommended to me by a friend from home as I had decided this summer to read fiction books based in countries I was traveling to (i.e. Israel and India). Somewhat ironically the book has more to do with my time in India than just being based in India as it discusses AIDS in the book. It highlights the unawareness of AIDS that really is rampant in India. While numbers would be unknown, based on statistics of the prevalence of HIV and what I have learned in my time here, HIV is largely unknown, especially in rural or below poverty line communities. The book speaks to some of this unknown state of what exactly is HIV and it reinforces some of HRLN’s education. While HRLN is a collective of lawyers and social activists and as such have to be careful about educating about the virus in medical terms, they do try to clear up some basic confusion that surrounds HIV. Such as that the virus cannot be spread through “hugs”, or “shaking hands”. Seeing this information for the first time being communicated to the community made me realize how much about HIV/AIDS is unknown in many areas of India. I think it is easy to take not only our education system, but also our access to information and our ease of speaking about difficult topics for granted in Canada. While it may be a difficult conversation still in Canada, I am assured that most of us have heard of HIV/AIDS and know what it is and of its methods of transmission. This education and information is sorely lacking in India, and thus, prevalence rates continue to rise. [Other book recommendations that I have yet to read but hope to this summer (again, for anyone traveling to India at any point in their lives): A Fine Balance by Rohinton Ministry; White Tiger by Aravind Adiga].

This week, Arlene and I met with someone from an HIV/AIDS network to begin our field research. Upon speaking with this individual, we were shocked to learn of the ways that HIV positive women are treated in the Delhi/Indian healthcare system. Unfortunate stories include the case of a positive woman who had a miscarriage 7 months into her pregnancy, and was referred to 4 different hospitals over the span of 2 days since no doctor would take the case. She died. In another instance, doctors summarily refused to grant a positive woman a caesarean section delivery because supposedly, government policies only allowed for C-sections t be carried out for a woman’s first child. The child was born HIV positive. We listened to these accounts, disbelieving that they were taking place just some kilometers away and within the last few months.

Our disbelief was shattered when we were told of a case where a positive pregnant woman, who had previously been promised a C-section in order to prevent vertical transmission of HIV to her baby, was now being denied a C-section. The doctors said that there was no government program in place which forced them to perform a C-section, and told her to come back another day. Essentially, the doctors were trying to give her the run-around, hoping that she would go into labour outside the confines of the hospital, and that they would not have to perform the procedure.
Making this a highly sensitive matter was the fact that this woman was full term, meaning that she could deliver at any moment, and without a C-section and anti parent to child transmission drugs such as nevrapine, would likely pass on the virus to her child.

We went back with news of this case to our superiors at HRLN who immediately put together a plan of action to help this woman. All systems were go, and I even began to draft a demand letter to the hospital. Unfortunately, the woman contacted the office the night before we were to go to her place and said that her family didn’t want a legal case, and so she refused HRLNs assistance.
Some observations:
1. The hold of the family is particularly strong in India and often times, your ‘client’ is 7 or 8 people. At times, your client will instruct you to act in a manner that is completely at odds with their personal wishes.
2. The stigma associated with HIV in India is so prevalent and so damaging to a family’s reputation, that their fear of disclosure (in this case, within the hospital setting) outweighs the desire to fight particular forms of injustice. This weakened desire in turn, likely stems from a lack of knowledge regarding their rights and the background concept of demanding things from officials. Often times I hear the background of ‘we don’t want to make trouble’ or ‘this will only cause more problems’ from reluctant clients.

-The sad thing, is that this is often true. We as lawyers might imagine ourselves as going into the situation and being the hero, demanding that the other party recognize the rights of our clients; that they must concede, remedy, strike down. We may even win the battle at that moment. But what about the war? We have to remember that even if we get the doctors to agree to perform a C-section, we will not be there during the delivery. We will not be there to make sure that the nevrapine is administered to the baby.

-And so a distinct party of lawyering must include a long term view of what is best for the client. Maybe we might have gone in, caused tension between the doctors and the patient, and still been unsuccessful in procuring a C-section, only to have the client mistreated to a greater extent.

--Still, I cannot believe that inaction is the way. On the other hand, I understand the client’s concerns, and the thought that the legal solution is not always the best way to approach a problem.

I do not know what has happened with this woman, as she will not pick up calls from the office. I hope that our work at HRLN and its activism will work towards creating a greater atmosphere of general legal education, and the conception that rights are not given; --- they inhere in the individual---and can only be taken.

This week has definately allowed us to see more than the UNDP basement office. Though independent work on updating the Judicial Training Program "Turn Guide" continues, several meetings have enabled us to gain insight into the general UNDP mandate in Serbia and to assess where our efforts fit into the various projects aimed at accomplishing that mandate.

Cluster Progress Report
The first meeting occurred just within the Cluster where we learned about the progress of the various projects with which the team was involved. Last week, most of the team attended a meeting in Bratislava to discuss strategies to improve access to justice and other legal empowerment initiatives. We had in fact prepared a memo summarizing the Commission on Legal Empowerment's Manuals for this meeting. We were happy to learn that Serbia's UNDP presentations went very well. The feedback was positive on the Cluster's initiatives with regards to Judicial Training and the Turn Guide as well. This made our efforts in updating the Guide even more vital.

I was personally struck by two things at this particular meeting. The first had to do with the number of times donors and funds were mentioned when discussing projects. Most of the obstacles seemed to center on gaining a firm committment from donors, whether they be the government or other agencies. This seems to be wide-spread issue since I have come across it as a hindrance to the progress of projects when reviewing the Turn Guide and other similar initiatives.
The second observation was the addition of members to the Cluster and the UNDP team. The qualifications of new members and consultants were set out and I look forward to meeting them. Particular mention was made of a Canadian consultant, who will be providing expertise on mediation techniques. I was happy to learn that Canada is viewed as a pioneer in that field.

Marlene and I were next invited to a General Meeting convened by the new UN Resident Coordinator for Serbia, Mr. Infante, to introduce the Assistant Secretary- General, Ms. Udovicki.

General Meeting, General Observations

Ms. Udovicki began the meeting with her observations of the efforts in Serbia and suggested stragies that would quicken EU accession. Aside from these general comments, I became aware of an issue in the municipalities of Serbia on which I would like to do further research. I learned that these municipalities, as part of "budget cuts", no longer have access to social security and the welfare net that most of these regions desperately require. Given the current deficit in Serbia, this problem has been ignored. I would like to speak with the Clusters that work with the municipalties to discuss a joint effort that focusses on eradicating this issue as part of the empowerment of the poor mandate. I am enthusiastic to learn more about the municipalities and how legal empowerment can be utilized in this matter, if at all.

I will keep you all posted on this project.

Hope you're all well and enjoying your placements,

When I first arrived in Kosovo, it was difficult to not feel at home. While my surroundings were different, there was something about the energy and liveliness of the place that was comforting and familiar. As a point of personal interest, I took note of the way women conducted themselves in public, which was in fact exactly as they do in Canada. In fact, I found that people here are even more social and outgoing then what I had been accustomed to – the bars and cafes are brimming with young energetic people having a wonderful time at all times of the day.

But this can be very misleading for a girl in my position. My travels up to this point have been confined to North America and Western Europe and I would say that I’ve been relatively sheltered from foreign conceptions of gender relations. Of course I’m aware that conceptions of gender roles in society vary greatly, but I’d never before been immersed in a culture where my gender is not simply a genetic fact, but something that is viewed as defining my state of personhood. I should also point out that this is a generalization; especially with the people I’ve gotten to know well, the observations below do not necessarily stand.

Perhaps a little historic background would be useful at this point. As you might know, Kosovo is primarily a Muslim country, although religion seems to play a minimal role in the every day lives of people here. Thus the social norms are often seen as rooted in cultural heritage, not religion. This was interesting to me, as I had always associated conservative notions of gender roles as being somehow linked to a particular religious orientation, regardless of the particular religion in question. To what degree this secularism was prevalent 10 years ago, I’m not entirely certain. My co-worker, however, explained how a decade ago, the idea of the virgin woman was not only valued, but a necessary characteristic of a prospective wife. A decade isn’t a long time, and since then the country’s official stance on the issue of gender relations has changed with remarkable speed. The Constitution of Kosovo expressly declares its commitment to gender equality, as do local officials. The problem, however, is that the change has come from above, from the government and the international presence in Kosovo, and not from below. Many of the people still live in a world where the public life is one of unbound freedom and westernized notions of equality, which conflicts with the private life, which is at least in part dominated by traditional customs.

That is where I made my mistake. I assumed that what I saw every day on the street was a sign of how they were like me. I assumed that how people acted publicly was a sign of their belief in the values I hold, rather than just a demonstration of the change and transition the people are undergoing. It was really difficult for me to wrap my head around the situation I found myself in, because there were conflicting indicators coming from every direction. The office I work with is at least half female. The women are young, bright, university educated, and seem to have the world at their fingertips. Women on the street talk about everything and anything with anyone, and dress in any way they like. Yet underneath it all, I most definitely felt the Old Boy’s Club vibe. I even came across a few who expressed their belief that I was genetically predisposed to best fulfill the role of wife and mother. In relationships, the idea of a man cheating on his girlfriend is remarkably common and it seems almost an accepted norm. I truly could not understand how these two worlds could co-exist. What I’ve come to realize is that it isn’t so much two worlds, as a conflicting state of transition.

When I asked for an explanation of their personal beliefs on the roles of women, I wasn’t given a really clear answer. It wasn’t religion, sometimes it wasn’t even culture, and it most definitely wasn’t facts. It was just a “feeling” or a general discomfort with the idea of the gender order changing quite so radically. I believe that there is a more concrete explanation for why many men, and some women, believe what they believe. Either they were simply not comfortable discussing it with me, or not comfortable discussing it in general, as they are aware of how the views conflict with what they’re really “supposed” to think.

Kosovo is an almost perfect example of women coping with the “double burden” – they are often forced to take on both professional responsibilities and the burdens of caring for a family and a home. With a 40% unemployment rate, it is only practical that any person, regardless of gender, who can hold a job, should do so. Resources are scarce for the majority of people so the idea that a woman should simply stay at home when she could be doubling the family income seems to be a definitively outdate notion. On the other hand, the idea that women are natural caregivers is still prevalent and a men helping out in the domestic arena is more a sign of his goodwill as opposed to an obligation.

Further, 69% of the above-mentioned 40% unemployment rate is women, and 60% of the female workforce overall is engaged in unskilled labour. 99.3% of rural women in Kosovo with a high school degree are unemployed. While this can be partially attributed to their work in the agricultural sector, the majority of women are found to not have any ownership over primary resources. With the OSCE’s introduction of the quota system, women now make up around 28% of candidates in central and local elections, but the number of women that proceed beyond that initial step (only 1 out of 17 Ministers is a woman) is demonstrative of a pervasive attitude that requires more than a quota system to change. Source.

An additional dynamic that should be considered is the political one. Official recognition of Kosovo as a state, and their integration into the international system, is of the utmost importance. It wouldn’t be appropriate for a country attempting to enter the EU to publicly declare that they prefer their women in the kitchen. It is imperative for Kosovo to meet EU standards in every sector, and this includes in the area of gender relations. The problem again, however, is that all this requires is a public declaration of support of EU values and a superficial attempt to implement social change at the official level. It requires no other action on the part of the government to really institute change. In their report on women, war, and peace, Elisabeth Rehn and Ellen Johnson Sirleaf quoted a Kosovar woman as saying "It is amazing that the international community cared only about Kosovar women when they were being raped and then only as a some sort of exciting story. We see now that they really don't give a damn about us. What we see are men from Europe and American and even Asia listening to men from Kosovo. Why is it so politically incorrect to ignore Serbs, but culturally sensitive to ignore the concerns of women?" Source.

I know that the situation I’ve described is much worse in many areas of the world – I’m sure in many of the places that fellow ILPers currently find themselves. But what struck me most, and motivated me to discuss the issue, is the harsh intersection of worlds and customs, where it wasn’t the government and the institutions that had to adapt as a result of pressure from the people, but a case where gender progressiveness accelerated at a faster rate than the regular citizen could adapt. I don’t think I am in any way qualified to advocate for either the administrative or grass-roots approach to social change - in fact I’m more inclined to believe that every situation demands its own personal approach. But what this experience has taught me is that while it is important to have the proper institutional framework that allows for the advancements of women’s rights, there are definitive drawbacks to a movement that is not backed by the passionate motivations of the people.

What a crazy week! Until this point Parisa and I have been primarily secluded to the downstairs office with other interns. This hasn’t been to our detriment since we have independent projects that do not require much supervision. Then, all of a sudden, this week we were lucky enough to be invited to two meetings. The first was a cluster meeting and the second a more high profile general staff meeting in the primary UN building.

Meeting 1: Capacity Development for Accountable Governance Cluster
The cluster meeting convened for the purpose of bringing individuals in our department together for status updates and to debrief about the recent legal reform conference in Bratislava. We had prepared a memorandum on legal empowerment for team members to review before the conference. It was wonderful to hear that the presentation they had prepared on the Free Legal Aid project went extremely well and that our work was helpful for their preparation.
This meeting was particularly important for me because I was able gain insight on other ongoing projects in our cluster, and better understand how my work will fit into the greater whole. It appears that the task we were given for updating the Judicial Training Centre materials will also involve substantial revamping. There is a need to consider Capacity Development (CD) as a central theme from which to build development strategies. CD involves institutional, organizational, and individual development to ensure the sustainability of the project’s efforts even after the cessation of UNDP’s involvement. It will be our role to incorporate CD into the judicial reform scheme that has already been carried out by UNDP members in association with governmental and non-governmental officials.

Meeting 2: General Staff & Regional Director
Left: Ms. Kori Udovicki
We were fortunate enough to hear Ms. Kori Udovicki, speak to our country office yesterday. Ms. Udovicki is the Assistant Secretary-General of the United Nations, Assistant Administrator and Regional Director of UNDP for Europe and CIS. She was in the area to discuss the Roma Inclusion Effort with regional members of the project. Ms. Udovicki is also an economist; a trade that served her well when she was asked about the current economic recession.
Her visit to the office came at an opportune time, given that Ms. Helen Clark just became the new UNDP administrator in April of 2009. Ms. Udovicki communicated Ms. Clark’s vision for the future of the region to the UNDP Serbia staff members and assured them that there is still much to be done in Serbia and within Eastern Europe in general (details undisclosed for confidentiality purposes).

In addition, this meeting was also the first time we heard from the UNDP Resident Representative, UN Resident Coordinator for Serbia, Mr. William Infante. He was very encouraging, but spoke very little as the meeting was primarily directed at Ms. Udovicki's reports.
Left: Mr. Infante


Recession Note:
The “moral dilemma” –Do middle-income countries need UNDP help, when there are other countries in much greater need?
I consider this question to be quite complex. The answer in law school, I’ve been told, is always “It depends.” Whether middle-income countries need UNDP help depends on various factors including: political stability, employment rates, social service availability, etc. What I can state for certain is that projects should not go unfinished, and that projects take time. With the current recession affecting countries and organizations worldwide budget cuts are inevitable, and even necessary at times. However, reduction in funds merely means reformulation of budget allocation. The challenges that existed in Serbia 10 years ago are by no means extinguished and the members of this national community must continue to create and implement strategies for a better tomorrow.

Right: If you are important enough they put a flag on your car. This is how we knew the meeting was a big deal.

I’ve now been in Lusaka for almost four weeks, so I ought to fill everyone in with a little more detail about the work that I’ve been doing at ZARAN (Zambia AIDSLAW Research & Advocacy Network). My personal research project, which I hope to have completed by the end of my stay in Zambia, deals with access to ARVs and the various distractions that are present in this country that have deterred HIV positive individuals from adhering to proper treatment – these include herbal remedies that have not been scientifically tested, faith based healing (Jesus!), counterfeit drugs, and false cure claims. The paper will be used for ZARAN’s internal operations, facilitating future staff and clients who come across these issues; ideally, I can find a published for it as well.

The topic of false cure claims is particularly relevant for ZARAN and myself, as currently I am working on a case that deals with exactly that subject, on behalf of a client whose brother lost his life after receiving a false cure: in 2007, a false practitioner administered a chemical known as “Tetrasil” to (at least) 26 individuals. The phony doctor advertised the chemical in newspapers and press conferences as being a cure for AIDS, and advised his patients to quit taking their life-prolonging ARV medications. At least four individuals died shortly after receiving the injection of this chemical (which is in fact a swimming pool disinfectant), and yet two years later this scumbag (pardon my legal terminology) is still free and has not been charged. Efforts to prosecute this man have been met with various roadblocks, and it is quite clear that elements of corruption are keeping this “doctor” out of prison. Such is Zambia, it seems. I will do my best and hopefully with the help of some contacts I have at another NGO (Treatment Advocacy and Literacy Campaign) and agencies such as Transparency International, some justice can be achieved. Who knows…

Sevda and I have also been helping out with any tasks that are needed around the office, and last week I completed a comprehensive report on the issue of HIV prevention in Zambia’s prisons, to be used by ZARAN’s executive director as the basis for a formal presentation she will be delivering in July. This issue is quite complex, as are most issues related to HIV in this country. It is difficult to try and confront legal challenges in a country where social perspectives are (compared to how we think in North America) so extremely skewed. For example, homosexuality is illegal in Zambia, and thus there is great hesitation on the part of prison officials to provide condoms in prisons, despite the blatant truth that sex does take place in male prisons, and therefore HIV transmission is a serious risk.

I’ve adjusted to life in this country in all material regards, but often the opinions and (mis)beliefs of individuals here still shock me. I was talking with a university student (what you could call an educated Zambian, I suppose) who suggested that homosexuals will eventually make the human race go extinct because if everyone becomes gay, how will we reproduce? And he was dead serious! Misconceptions are abundant, which makes it somewhat easier to comprehend how HIV positive individuals (especially those who are in vulnerable populations) could have believed a tabloid article claiming that a “one time injection cures AIDS for life.” For all the legal work that could be done in this country to fix its many problems, the foundation for improvements needs to be education.

Outside of work, we do a lot to stay busy. A couple days ago we accompanied a local NGO called “Tiny Tim and Friends” as they visited a compound in the city and screened almost 100 children for HIV. They are a very genuine organization with noble intentions, and it was both heartwarming and upsetting to see some of the kids who showed up for testing and the condition they were in. This past weekend we took a trip to the Copperbelt region to see a World Cup qualifying match between Zambia and Algeria – we lost, but it was a fun day and a very unique journey – 18 total hours on a cramped bus full of university students who literally did not stop cheering for the entire ride. A couple weeks ago we did another 18 hour bus ride to Malawi for the weekend (actually those 18 hours were spent just getting there, and that included many buses, taxis, and hitchhiking in the back of a pickup) – Malawi was awesome, very mellow, and overall quite friendly – two glorious days on the beach and then another 18 hours back to Lusaka. Eventually I should probably post some pictures of all of this, until then though just take my word for it.
Jamie

As I introduced in my last post, the project we are doing for GAP Institute is about the role of international administrative organizations operating in Kosovo. I’m particularly interested in the role of the UN since they’ve been present for quite awhile and seem to have garnered mixed sentiments from the population and abroad. A bit of a history brief about the UN in Kosovo is necessary to explain the current situation.

After NATO intervention in 1999, the UN Security Council passed Resolution 1244, which placed Kosovo under the authority of the United Nations Interim Administration in Kosovo (UNMIK). According to 1244, UNMIK was responsible for state-building activities such as performing basic civil administration, supporting the reconstruction of key infrastructure and supporting autonomy and self-government in Kosovo. Significantly, UNMIK was also charged with the task of facilitating a political process to determine Kosovo’s future status.

In 2005, six years after the passing of 1244, UNMIK finally began the process of determining Kosovo’s future status. Under UN Special Envoy Martti Ahtisaari, a document called the Ahtisaari Package was drafted. Without explicitly using the term independence, it indeed envisions it as the final status for Kosovo by proposing independent mechanisms such as a constitution, the right to conclude international agreements and the right to membership in international institutions. It also proposes a new interim international presence, the International Civilian Office (ICO), to supervise the political process, and for an EU mission to offer mentorship in rule of law, thereby calling for the termination of UNMIK’s mandate.

If everything had gone according to plan, the Ahtisaari Package would have entered into force and administrative capacities would have been handed over to local government, to be supervised by ICO and EULEX. However, upon the Package’s submission to the Security Council, Serbia’s ally, Russia, consistently blocked its passing. Thus the Ahtisaari Package has never been authorized by the Security Council and 1244 has never been revoked. Regardless of its lack of consensus, Kosovo went ahead with the propositions of the Ahtisaari Package and unilaterally declared independence in February 2008. The practical result we have today is that the ICO is present under the mandate of the Ahtisaari Package while UNMIK remains present as well under the mandate of 1244. It is an interesting situation in the field of public international law. It is unclear which legal document holds precedence, the answer to which surely changes depending on who you ask. Furthermore, this situation raises questions about the effect of international agreements versus the (arguably more effective) actions of the people on the ground. Although 1244 officially remains in force, local government pursues its own interests.

Local attitudes toward UNMIK these days are contentious and complex. On the one hand, UNMIK came in during a period of crisis and suffering and its humanitarian intervention is lauded. However, 10 years later, it seems that they have overstayed their welcome. First of all, UNMIK’s continued presence is regarded as an obstacle to substantive independence. As reported by UNSC Secretary General in his March 2009 Report on UNMIK, “[t]here is a perception among many Kosovo Albanians that the Mission’s tasks have been accomplished and its continued presence is an unwelcome obstacle to the desire for Kosovo to function as a sovereign state. The Kosovo authorities…have repeatedly stated…that resolution 1244 (1999) is no longer relevant and that institutions of Kosovo have no legal obligation to abide by it”.

One of the areas where this self-determined attitude greatly manifests itself is in Kosovo’s representation in international agreements, namely the Central European Free Trade Agreement (CEFTA). Since the agreement was signed in 2007, UNMIK signed on Kosovo’s behalf. Since its declaration of independence in 2008, however, Kosovo has attempted to represent itself; according to the Ahitsaari Package, the Kosovo authorities should assume the responsibilities of the international agreements that UNMIK has signed on its behalf. As such, Kosovo authorities modified trade stamps to read the Republic of Kosovo rather than UNMIK. However, some of the signatories to CEFTA, namely Serbia and Bosnia and Herzegovina have not recognized Kosovo’s independence and have therefore boycotted the Kosovo-stamped products. In response, Kosovo authorities have boycotted CEFTA meetings. This situation reveals that despite local resistance, UNMIK may still be practically necessary in dealing with states that do not recognize Kosovo’s independence. Another significant example is the Serbian minority population concentrated in Northern Kosovo who seem willing to co-operate and negotiate only with UNMIK forces rather than any other local or international institutions.

The article entitled UNMIKistan, written a couple of years ago by a former UNMIK official, highlights another reason for criticism of the organization: grave failures in state-building capacities. It reports how eight years and twenty-two billion euros after the mission had started, the black economy was thriving whereas the white one was about to collapse. Markets are filled with imports while local produce is scant. Although an agrarian country, the fields are fallow since UN courts failed to determine the fields’ ownership. It also reports on wide-scale corruption and abuse of financial resources amongst UN officials.

UNMIK has also been accused of several human rights abuses during its mission. According to Amnesty International, UN peacekeepers are responsible for fuelling the sex trade in the region as increasing numbers of women from Moldova, Bulgaria and Romania were trafficked for forced prostitution in Kosovo since the mission’s presence. UNMIK is also responsible for human rights abuses related to Kosovo’s minority Roma community. After the war, UNMIK relocated them to refugee camps that were situated amongst harmful lead mines, resulting in grave health risks. Although the WHO called for their immediate evacuation in 2004, many of the refugees still remain in these lead-contaminated camps. You can read more about it here and here.

Two former UNMIK officials have recently published a book entitled Peace at Any Price: How the World Failed Kosovo. It details more about the internal failures of UNMIK while also explaining the inherent challenges of humanitarian interventions. I haven’t read it yet but it should be an interesting read and a useful lesson for such missions in the future.

Cultural exchanges in other countries always involves a introduction to different style of eating or food groups that don't exist in your home country. Coming to Argentina, I didn't expect many challenges with the food groups as I am fairly familiar with Latin American food. I did expect something similiar to Mexico, with delicious beans, savory sauces and spicy meats. However, I was a bit disappointed at the lack of spice and flavour in the Argentine diet. The food's flavour is very palatable for a North American palette, but not as exciting for someone used to jalapeno and habanero peppers and curries as a dietary staple.

So I decided to share with you the major food groups in the Argentine diet. First of all, vegetables and fruits are not part of the diet of the Argentine people, and are served as rare treats to break up the boredom of the daily meal or grudgingly to foreigners who feel the need to incorporate them into their diet.
So here goes:
Argentine food group number one: Beef
Argentina first rose to world prominence as a major if not the major world exporter of beef. However, as their economic prowess has faded and beef exports are no longer enough to maintain the nation's past brilliance, beef remains still the number one food group of the Argentine family. Despite not being a beef eater, I have sampled the different manifestations of beef served here in Buenos Aires, and it is pretty good. If I was not afraid of 5 pounds of undigested beef being removed from my body 50 years hence, I would probably enjoy it more.




Argentine food group number two: Empanadas
Empanadas are a Latin American staple, and can be found in various configurations around the region. The Argentine version comes in the standard fried or baked form, with the baked version being more prominent. The major types of Argentine empanadas are Ham and Cheese, chicken (my favourite), beef and vegetable. There also exist various specialty types as well depending on where you buy them. They are an excellent snack that is served at all ocassions from birthdays to board meetings.



Argentine food group number three: Pizza
Argentina was orignally colonized by the Spanish, occupied by the British and retaken by the Spanish yet again. However, over the last century or two, a significant influx of Italian immigrants made their way to South America. As a result a significant impact on Argentine culture and food is owed to the thousands of Italian emigres who made the shores of the Rio Plata their home. Pizza is EVERYWHERE in Buenos Aires, and all types are served. The standard pepperoni and mozzarella is basic fare, with Argentine specialties such as fuggazella: a pizza made solely of cheese and loads of onions. Like the empanadas, the pizza is delicious but gets a bit boring after a while.



Argentine food group number four: Dulce de Leche
Many of us are familiar with Dulce de Leche as a flavour of Haagen Dazs ice cream that is to die for. Well lovers of that flavour would literally die of pleasure here in Argentina. Dulce de Leche is an ubiguitous part of Argentine daily meals. It is spread liberally and literally on everything one could possibly conceive of. Breakfasts in Buenos Aires consist of cafe con leche with medialunas (a sweet form of croissant) or facturas (basically sweet danish pastries). Dulce de Leche is then dropped into the coffe and spread on top of the medialunas or facturas - or in some cases they come stuffed with it. For lunch or dinner you can have as a dessert light pancakes stuffed again with Dulce de Leche. As well there exists a store here in Buenos Aires that sells only the odd combination of Dulce de Leche and cheese. Where I come from we only use Dulce de Leche for cake frosting, but who knew there were so many other uses for it?



Argentine food group number five: Pumpkin
I know I said that the Argentines do not eat any vegetables, but I forgot about the ever present pumpkin, or calabaza as it is called here. In North America, the pumpkin is a vegetable that normally only revels in its popularity in the autumn where it's use at Halloween and Thanksgiving make it the star vegetable for two to three months. In Argentina, however, pumpkin is king. It is served mostly pureed as an alternative to mashed potatoes. However it can aslo be found in stews, steamed or served in a variety of other configurations. Needless to say, if you are a vegetarian get used to a lot of calabaza in your future.



Argentine food group number six: American Fast Food
Eating healthily in Argentina is a challenge most days. Food group number six does not help the search for healthy options. Buenos Aires probably has more McDonald's and Burger King's per square mile. They are everywhere and are 5 star restaurants in comparison to their North American versions. People will indulge in American fast food religiously despite the health offending results. Such food is deemed a luxury as a result of its price and is treated as a status symbol of consumption. One Burger King in Buenos Aires, on Avenide Florida is housed in an old Argentine palace...making it truly the king of burgers.



Argentine food group number seven: Milanesas
Although made of beef, the milanesa deserves its separate food group. Comparable to its cousin the German schnitzel, the milanesa is a beaten slice of beef that once tenderized (technically) is breaded and fried. The resulting golden brown cutlet is then served with a side of puree de calabaza, french fries or served as a sandwich in a white bread roll. Food group number seven is absolutely delicious and addictive. I live a few blocks away from a 24 hour Milanesa restaurant, and often indulge in a milanesa with egg, ham, and cheese at 6 in the morning.

Although not an exhaustive list, the aforementioned foods represent a typical daily sample of the Argentine diet, at least in Buenos Aires. Needless to say I am not starving, but neither am I eating well. However, each day I walk on average 13 km (according to my pedometer) so I am managing to keep the bulge in abeyance.

Maternal mortality. This week we focused on the issue of maternal mortality and HIV. We created a case study on this topic. The issue is that there is no real way to account for the number of pregnancy-related deaths caused by HIV as they are often marked and recorded as being hemorrhage, or preeclampsia, or a myriad of other pregnancy-related complications. It is difficult to raise attention and awareness to an issue that is under-accounted for or even unaccounted for.

Discrimination. While the right to equality is guaranteed by Article 14 of the Constitution of India, this guarantee is often missing in practice. Discrimination based on gender is prevalent in India, and inline with the topic we are working on here in India, so is discrimination against those whose are HIV positive. Women are turned away from health care institutions due to their status and forced to deliver babies on their own. This increases the risk of maternal mortality and also of parent-to-child transmission. Furthermore, not only is gender discrimination an issue for positive persons and maternal mortality, but also a woman is diagnosed as HIV positive she is often considered “the source of the infection, regardless of whether she is a victim herself.” (Reference: Lalitha Sridhar, “Gender norms worsen AIDS scenario”, December 2003). In 2009, discrimination against women and against persons with HIV/AIDS is rampant. HIV/AIDS advocates proclaim that it will take decades just to reduce the stigma attached to HIV/AIDS in India (Reference: Quote from Anvish Jolly, HIV/AIDS advocate, United Nations India from Kaiser Family Foundation, “More Effort Needed to Address HIV/AIDS-related Stigma in India, Advocates Say”, January 2009).

Life. Since I’ve discussed mortality in this blog, perhaps it is an appropriate time to discuss life. Life in India is fascinating, challenging, and beautiful. There is more to write on this, but at this time I will keep it simple and short stating only that life in India is “fascinating, challenging, and beautiful.”

This week we began writing our policy paper and attempted to disentangle the mess that is the international presence in Kosovo. I will try my best to explain the situation, as it is quite interesting from the international law perspective as well as from the political one. Keep in mind, however, that the international organizations themselves are often unable to offer a suitable explanation for much of the confusion in Kosovo regarding their presence.



The United Nations Interim Mission in Kosovo (UNMIK) is a mission established by Security Council Resolution 1244 that provides for its administrative presence in Kosovo. It is important to remember that it does not explicitly provide for Kosovo’s independence, which is why it is still supported by both Serbia and Russia. In 2007, UN Special Envoy Martti Ahtisaari was appointed to initiate the process of determining Kosovo’s future status. After much (fruitless) negotiation with both Serbia and Kosovo, Ahtisaari created what is known as the Ahtisaari Package: a proposal that outlines the steps necessary to ensure Kosovo’s success as an independent state. The problem, however, was that Russia was not prepared to allow such a package to pass, and the Security Council failed to come to a consensus regarding its applicability. Technically it was illegal for Kosovo to declare its independence notwithstanding the UNMIK presence and the failure of the Ahtisaari Package to be implemented by the UN, as it did on February 17th 2008.

It was originally envisaged that an EU rule of law mission would take over from the UN mission in Kosovo, carrying out the necessary executive responsibilities. Since the Ahtisaari Package was never approved by the Security Council, this pass-over of responsibilities became less straightforward. Instead, the European Union Rule of Law Mission in Kosovo (EULEX) was deployed under the “UN umbrella”. In the North however, where there is a Serb majority, the UN continues to play a role in some administrative activities as it is the only organization that is formally accepted by the Serbs.



EULEX’s responsibilities concern the administration of courts, police, and customs in Kosovo. Their functioning under the UN umbrella essentially means that they derive their legal authority from the UN, and more specifically Resolution 1244. In order for Russia and Serbia to agree to EULEX deployment in December 2008, this rather confusing compromise was required. It should be noted that EULEX is “status-neutral”, meaning that while it is essentially engaged in state-building activities, it does not declare its support for Kosovo’s independence. EULEX is currently facing problems in its capacity to function in the North, particular at the border between Serbia and Kosovo. Kosovo-Serbs do not recognize the border between the two states as a legitimate border and thus do not accept the border-tax imposed by EULEX.

It should also be noted that the European Union Special Representative, Peter Feith, is also the International Civilian Representative (ICR) – the head of the International Civilian Office (ICO). The problem with this double role lies in the fact that the EU mission in Kosovo remains resolutely status-neutral, while the ICO’s mission is to further Kosovo’s capacity as a fully independent state through the implementation of the Ahtisaari Package. It is still unclear to me just how such an arrangement was made possible, or why, but it is demonstrative of the type of international political maneuvering that is so common in Kosovo.



As stated above, the ICO was charged in February 2008 by the International Steering Group (ISG) (a group created out of the blue when the Ahtisaari Package was not accepted by the Security Council and comprised of states that accepted Kosovo’s independence at the time) with the implementation of the Ahtisaari Package.

Legally speaking, there is no precedent for a document such as the Ahtisaari Package. It’s not quite a constitution, nor a resolution, but rather its status is defined by who is considering it . Part of our task while conducting our research was to objectively evaluate the force of this sui generis document, and the reality is that within the local institutions in Kosovo, it is given a great deal of importance. The Kosovo Constitution itself proclaims the Ahtisaari Package the supreme document in Kosovo, capable of trumping even the Constitution itself. The problem remains that international acceptance of its importance remains a politically contentious issue. And whether or not a governing document in a country is internationally accepted is crucial in a country that is still to a degree dependent on an international presence within the state.

As it stands, UNMIK continues to play a more active role in the North of Kosovo, as well as providing Kosovo with much needed international legitimacy that is required in order for a state to function and cooperate with neighbouring countries. There is much debate, however, over how crucial a role UNMIK actually plays relative to its considerable budget in Kosovo. EULEX has taken over rule of law responsibilities while remaining ineffective to a degree in the North and, confusingly, having to function under the UN umbrella (making a real hand-over of responsibility impossible). The ICO functions with a mandate that is not recognized by the other organizations, and struggles to remain relevant in the eyes of internationals, despite the great weight local institutions place on the Ahtisaari Package. UNMIK states that the only solution to the current legal and political situation in Kosovo is to broker a deal with Russia. However, effective local politics are also important when trying to solve many of the problems on the ground that are linked with what some may perceive as an overly-expansive international presence.

This is the situation that Kosovo currently finds itself in. It’s no surprise that many locals are beginning to resent the international presence in Kosovo, which is expensive and may well be counter-productive. Yet, the political situation does not allow for a Kosovo completely independent from any influence from international institutions. Rather the aim should be to improve the quality of governance and level of accountability and cooperation between institutions so as to accelerate the pace of Kosovo’s development.

So I have been in Manila for a little over a month now and I have been working about the same amount of time. There was concern during the training weeks that some fellows might arrive and the host organisations would not have work for them – this is not the case at Ateno. We arrived on a Sunday at midnight and our first day of work was Tuesday and we have pretty much been working ever since. I use the term “pretty much” because we have taken some work-related time off and have spent our weekend going on some good adventures.

Shivani and I are two thirds of the Canadian contingent of interns; there is also Mae who is here from McGill. The additional interns are all from Ateno Law School and spend a year of their study with the Ateno Human Rights Centre (AHRC). In the same way that ILP had a night at the Duke of York to pass the torch, the interns here also have a similar activity. However their activity is on a beach, in Boracay and involves a lot more swimming, games and drinking. We did not want to appear as stand-offish Canadians so we reluctantly agreed to spend a week with these interns in Paradise, ahem, I mean Boracay. We use the opportunity to get to know a number of the interns that we now spend the majority of our free time with. Some of us even took the opportunity to help them with the AHRC personal information journal.

Aside from the networking experiences of Boracay, we have also used our time here to learn more about the history and the people of the Philippines. To date we have been on two historical walking tours of Manila and have taken a trip to the provinces where we spent time with the locals, met indigenous people and swam in an active volcano (it has a lake on top of it right now).

Work at the AHRC has been going well. When we arrived they informed us that we would be working on a textbook that they would be using for a class the following month. Needless to say we were a little surprised when we started writing the textbook from scratch. Well that is not exactly true, for some chapters we were given a Word document containing a brief outline which was actually incredibly helpful – all we had to do was fill in the blanks. Each chapter is based on one Article of the Convention of the Rights of the Child. We start with the Implementation Handbook and the reports that the Committee on the Rights of the Child has made about the Philippines. The Convention itself is fairly brief so this additional information offers information about how the Convention is to be interpreted and applied. One we know what the Convention means we look at Philippine law to see how it has been implemented. We start with the Constitution, then the Civil Code, then a number of other relevant codes (Family Code, Child and Youth Welfare Code) and finally we look at any relevant Acts that touch on the substance of the Article. After establishing how the Article has been implemented we look to see how it is being enforced. For this we look at the decisions of the Supreme Court as they are the authority over these matters in the Philippines.

Work continues to be exciting and challenging. The class itself started last week and Shivan and I participated in the icebreaker game to get to know the class. Since it is a class about children the game was bringing in baby pictures and the other students would have to identify who was who – needless to say they did not have a difficult time with my picture. I am looking forward to finishing the textbook, starting new projects, taking more weekend adventures and writing my next blog.

Hey everyone!

I feel like I've already had a summer's worth of experience in New Delhi. This place is chaotic (in both good and bad ways)!! A typical day in New Delhi begins with a quick breakfast and a 5 minute stroll to the Human Rights Law Network office where we all work. Mind you, that 5 minute walk in the grueling Indian sun leaves you drenched in sweat! No worries though, because HRLN is air conditioned (most of the time) and quite comfortable.

When I first started at HRLN, I was a little disappointed to tell you the truth. I felt that I was not getting any direction or supervision, and that the atmosphere of this office was a little disorganized. I realize now many NGOs have an embedded culture of proactiveness and initiative, and that although there are plenty of people to approach for guidance, you have to take steps on your own to get things done. With this understanding I embarked to formulate a project for myself that would be beneficial to my host organization.

I am going to put together an informative research paper on the patent issues of GM seeds in India, which can hopefully be turned into future Public Interest Litigation. Many farmers are being sold these 'magic' seeds with the promise of increased crop yields. These seeds are expensive and have to be purchased year after year. When crops fail (which they do often), farmers are faced with debt they feel they cannot possibly repay. The result is an epidemic of farmer suicides.

On a side note, the debt faced by these farmers are usually only a few thousand dollars, but is impossible to repay due to their meager income. It is astonishing to me that this situation exists in India, especially considering that I saw a Lamborghini Gallardo, Bentley GT coupe, and a Rolls Royce Phantom on the streets of Delhi the other week, all within the span of a few days. There are definitely two India's that exist. To get to upscale restaurants and bars (and yes, there are plenty, and they easily rival some of the nicest bars and lounges in Toronto) you have to walk through what seems to be a dilapidated row of buildings--concrete chipping, stray dogs roaming around, and homeless children begging you for money. A sign jutting out from the wall and a security guard at the front door is the only indication that there is an establishment inside, only you wouldn't know it if you didn't know where to look. I suppose that the dual India that exists was most obvious to me when I saw super cars driving among the sea of rickshaws on the crowded streets of Delhi.
--Jasdeep

The title can magically describe not only my general mood and state of mind, but the meager amount of Nyanja (the main dialect spoken in Lusaka, Zambia) I have managed to learn, the weather, and the attitude of Zambians whom we work with and have come to know and befriend. It is not fair to generalize from our 3-week experience in Lusaka and make statements about the relatively big and diverse country of Zambia. But being in the capital city of Lusaka, and interacting with people from all walks of life, I have come to learn that Zambians are laid back, friendly, hospitable, and proud people.
Born and raised in Iran, I found it easy to settle into life here as many scenes and cultural norms reminded me of Tehran. Nevertheless, the levels of poverty seen in Lusaka is incomparable to anywhere else I have been. Average earning is $2 USD/ day and adult HIV prevalence rate is 16%. There are an estimated 500'000 AIDS orphans in Zambia, and the government is corrupt and people unhappy. What stands out amidst all this chaos, however, is the optimism and resilience with which people go through their daily lives. The effect is such that I find myself relatively at home here, with no real stress or worry as so many things that used to occupy my mind and time in Toronto seem completely irrelevant and superficial to how life, in its pureset form, is lived here.
Working at ZARAN (Zambia AIDSLaw Research and Advocacy Network) has put me and Jamie in touch with great individuals, from our office cook who without a doubt makes the best Nshima (Staple food of Zambia, eaten with everyday, without which a meal is not really a meal) to our paralegal officer, who is the main source of support and guidance to us. ZARAN has no legal officer at the moment, and thus me and Jamie have been spending quite a big chunk of our time buried in the Laws of Zambia (a collection of roughly 20 volumes) as we try to learn about relevant legislation and policies that are not only applicable to the few active files at the AIDSLaw Clinic, but also to our own individual research projects. Having the freedom to pursue any topic that falls under ZARAN's mandate of protecting human rights of people living with HIV/AIDS, I decided to focus on women's reproductive rights and specifically the topic of abortion- and possible implications for its legalization for HIV+ mothers. After heterosexual transmission, mother to child transmission accounts for 40% of incidents of HIV/AIDS. I am anticipating a lot of roadblocks and 'unfavourable' gaze as Zambia is whole-heartedly Christian and dominated by missionaries from all over the world.
Aside from work at the clinic, living with Jamie and our new roommate Arman, an undergrad student from UofT has been surprisingly drama-free, relaxing and fun! Jamie will be blessed for eternity by my mother, for feeding me, as I am not the most skilled in the kitchen. We have yet not started tapping into our 'exercise routine', which was rigorously scheduled from Toronto, in order to be 'fit' for our Kilimanjaro climb at the end of summer. But we now walk home after work, thanks to Steph not being here in Lusaka anymore! Aside from her phobia of walking (sorry Steph!), our project director Stephanie Kam (section A), was nothing short of a miracle worker to me. Having been in Zambia 2 years ago, she made our transition into Lusaka effortless. She selflessly put us in touch with and introduced us to her friends (most of them graduates of UNZA-University of Zambia), lawyers, contacts in various government offices and families who have treated us with so much kindness and generosity.

As this is my first post, please pardon the length and the disjointed thoughts here and there. Internet access, as we expected, is very limited here and aside from the 8-9 hours that we work from Monday to Friday, we are blissfully disconnected from the world wide web. Of course there are internet cafes we can go to, which we will this Sunday to pick our courses, but how can we possibly waste more time when time itself cannot be couched down here?

Week 4 in the Phils! This is my first blog…I’ll try to keep it short and readable (and limited to the first 2 wks). So no different than anyone else’s experiences, our first few days in Manila were definitely quite the culture shock! Nevertheless, I’ve adjusted after keeping in mind 4 things:

1. I must learn how to eat meat and rice (and only meat and rice – vegetables? Not so much.) at every meal. This is a far cry from my salad diets in Toronto (I miss you arugala + parm), and yes, my body is feeling it! I guess I should have realized this when we entered our apartment and out of all the things they forgot to supply (bowls, glasses, knives…the basics), they DID NOT forget the rice cooker. I must say though, that the meat and rice is quite tasty and I am slowly turning into a carnivore.
2. I must learn how to eat meat and rice with a fork and SPOON. Only. No knife. Ever. Strictly spoons. Should’ve known that from the apartment. And as Tim puts it, it’s like learning how to eat with utensils when you’re 5 years old all over again.
3. I must learn to never expect to receive what I order at a restaurant. No matter how wonderful it is described on the menu, the Philippines is NOT a salad culture. Caramelized onions will not be caramelized onions. And honey with your pancakes instead of syrup..well, normal? Stick to rice and meat Shivani! Oh and also…I must also expect my first choice (and usually second choice) to be ‘out of stock’.
4. I MUST (must must must) get used to being called Ma’am. At every opportunity. On the street. At school. At the shops (ESPECIALLY at the shops…hiiiiiiiii ma’am!!!...and on that note…I MUST get used to 10x more sales associates than customers in every store…talk about ‘overly helpful’…that’s actually an understatement.)

Now that I have that out of the way, I’ll get down to the real business. Filipinos are some of the nicest people that I have ever met. They are warm, kind, and very helpful (did I mention that?), and we have definitely made some really great friends and built some strong bonds in the short time that we’ve been here.

The attorneys and the interns at the Human Rights Center are amazing! These attorneys are very high profile, and some of the most revered human rights advocates and scholars in the Philippines. Well that’s obvious. They’re from Ateneo…#1 in the Philippines, #254 in the world (fyi YorkU is ranked lower).

Tim and I are working at the Child Rights desk (AKAP) at AHRC (Ateneo Human Rights Center), and are currently contributing our Oz research and writing skills to the creation of a Child Rights textbook to be used by the students of this very law school. It’s been an interesting experience so far; in a nutshell, here’s what we’re doing: researching each article of the UN Convention on the Rights of the Child (CRC) and researching Philippine legislation and jurisprudence to see how the Philippines abides by these conventions, and if not, identify where the gaps are.

Coming from a strictly common-law jurisdiction to one that is a blend of both common and civil, the differences are apparent. Everything is codified. When I say everything, I mean everything (including seniors discounts). Either by a Republic Act (RA), Executive Order (EO), Presidential Decree (PD), or any other number of instruments. However, I have to say that the starkest differences come when you see the heavy influence that the institution of family and religion (the Philippines is majority Catholic) has on the laws. Divorce is not legal. Adultery is a crime (imagine that!). And children are legislated to respect their parents. Hmmm...

My first couple of weeks I was really thrilled to be working on such a great document, especially after learning that it will eventually be delivered to and adopted by UNICEF Philippines. Going through each of the chapters and researching Philippine laws pertaining to each of the rights detailed in the CRC was a very educating experience. There are tremendous amounts of legislation affording rights to children, areas ranging from education to labour to health to freedom of expression, to name a few. These laws are full of hope and ideal, and theoretically, should afford all children, regardless of class, the same rights and opportunities to become a contributing and beneficial member of society. After a couple weeks of research (and being very impressed with the progressiveness of a lot of the legislation), I got to talking with some people who actually work in the frontlines of child rights, and my eyes were opened to the realities of the issues in the Philippines… which I will definitely cover in my next entry!  P.S. I just killed a roach…disgusting. Dan, slowly and surely, we’ll eliminate them all.

Labels: philippines

I’ve never been one for road trips. I always end up feeling claustrophobic (I always get stuck with the middle seat since I’m the smallest), car sick, and if I’m lucky, I’ll sleep the whole way there. But I could not refuse to tag along when the HIV/AIDs and Disability Rights Unite of HRLN arranged a trip to Dharamsala, located in the state of Himachal Pradesh, to conduct a training camp. Driving time? 14 hours. Passengers? 6. Windy, mountainous roads in a foggy atmosphere? Check. Although the journey was arduous, I’m glad I went. We had a day off work, which we took to explore McLeaod Gang, the political headquarters of the Tibetan Government in exile. We visited the Dalai Lama’s residence and explored the attached temple where we observed Buddhist monks engaged in religious debates.

Our residence was interesting as we stayed in an Ashram , which also doubled as a an NGO catering to the needs of people with disability called CORD, funded by the Canadian CIDA (it was interesting to see all the Canadian flags on the ashram, and the ashram’s vehicles.) During our time there, we ate in a communal kitchen which only served vegetarian fare, ate with our hands, washed our own cutlery, and removed our shoes whenever entering a room. I treasure this authentic experience.

Dharamsala, like most settlements in Himachal Pradesh, is sparsely populated. As such, garnering support for the creation of an HIV/AIDS network has been difficult due to issue of confidentiality. Many communities here are linked by inter-marriage and large kinships structures, indicating that HIV/AIDS disclosure will certainly entail social ostracism by the larger community. Moreover, although this state is considered by the Indian government to ,prevalence must be quite strong in this area since many of the men are migrants, and part of the army, which comprise strong HIV/AIDS risk groups in India. This discrepancy was apparent in the number of attendees at the HIV/AIDs session. Although we had planned for 30-40 attendees, we only received 9.

I was initially disappointed with this low turnout, but when voicing this concern to the senior advisor, she advised that having 9 people speak openly about HIV/AIDS in this area was a coup, since they only had around 3 participants last year. I have to remind myself to keep things in context, and realize that although change may be slow, its important to focus on the glimmer of hope I observed while I was there. This included talk by one of the participants to set up a network for positive people in Himachal Pradesh which would be able to advocate for PHA’s on an ongoing basis. This is crucial since often times, access to treatment hinges on receiving a government supplement for bus fare, (value of no more than 50 cents CAD) which must be consistenly addressed.
Also interesting is that even though our organization could in theory set up a network, this would not be beneficial to the overall struggle to address HIV/AIDS discrimination in Himachal Pradesh, as it is not coming from the grassroots level.

This week, Arlene and I completed a case study regarding maternal mortality and HIV/AIDS which represents a co-initiative between the HIV/AIDs and Reproductive Rights unit of HRLN. While finding information regarding maternal mortality and HIV/AIDS was difficult, it was even more trying to find a concrete example of a woman who had died due to maternal mortality CAUSED by HIV/AIDS. This is because often times, an autopsy will identify a cause of death as a ‘heart attack’ and not maternally related, when in fact, it was due to a botched abortion. Further complicating the matter is that when HIV/AIDS renders a women more susceptible to opportunistic infections such as TB, it is still not recorded as a maternal death, nor one caused by HIV/AIDS, though these are the antecedent factors. Moreover, while we could find some statistical evidence regarding the HIV/AIDS maternal mortality nexus, it was difficult to find a filed case, i.e the ‘facts’ that our case study was to revolve around.

Despite this difficulty, we finished the case study, which will be used as a training tool by a partner organization which focuses on maternal mortality. Arlene and I are looking forward to putting together some brochures regarding maternal mortality, given that this seems like a prevalent, though invisible issue in India.

I hope everyone is well, safe and enjoying their internships. My second week in Delhi was great and I now have direction during my tenure at HRLN. From the beginning of the week, I had a general idea of what I would like to do while working at HRLN. However, I knew that attaining approval would be a difficult accomplishment. I spent three intense days doing some extensive research and composing my proposal. On Thursday, despite my supervisor being extremely busy, he took the time to meet with me. We discussed some of my ideas and he revealed to me that my proposal was an endeavor he was hoping someone would undertake. Within a few minutes I attained approval for my project and I have been working on it ever since. He also graciously provided approval to undertake field research and attend ongoing cases at various court levels. This project is definitely going to keep me busy but I am really looking forward to providing HRLN with the finished product.

I will be composing an internal circular booklet for HRLN that distills complex knowledge regarding recently amended Patent Law and its implications on the Generic Pharmaceutical industry. Specifically, I will be focusing on India ratifying TRIPS and its impact on access to second line ARV medication for those with HIV/AIDS. To help initiate field research, I attended workshops in Dharamsala which were organized by HRLN. I had the privilege to talk with Human Rights Activists who reside there alongside those who have been negatively impacted by HIV/AIDS. I had been continually told about the negative stigma attached to this disease in India but attendance at this workshop really hammered home the harsh realities experienced here. It takes a lot of courage to admit having the disease since numerous negative perceptions exist. After overcoming this substantial hurdle, it is distressing to know there are more obstacles which must be overcome due to Patent Law. 

Sincere concerns have been voiced that generic pharmaceutical production will experience substantial detrimental impacts due to ratifying TRIPS. Amendments to the Patent Act of India will disallow simple reverse engineering of drugs for life threatening diseases. ARV medications for HIV/AIDS is included on this list. This will impact access to newly developed ARV medication for those with HIV not only living in India but on an international scale as well. It is no secret that generic drugs are considerably cheaper, resulting in impoverished groups being negatively impacted. I will decompose the Patent Act and based on field research conducted, provide suggestions on how to counteract existing provisions to maintain the rights of those with limited or no access to ARV medication. This booklet will be a perfect preparatory tool for HRLN employees who are filing a Public Interest Litigation Case against either their local government or a pharmaceutical company. The information provided in this booklet will help them become more conversant with the technicalities of Patent Law and pertinent information regarding access to ARV medication.

Another highlight this week was attendance at the premier of the documentary created by HRLN entitled “I Want to Live.” Media and representatives from international organizations including UNAids were present. After the screening, there was an open forum and a panel discussion which was comprised of individuals who were pivotal to the documentary. It was such an honor to be at this screening. I was among those who are making a significant difference in India and those who are suffering from discrimination due to having HIV/AIDS. The documentary was a compilation of stories from various individuals. It narrated how they were tired of being discriminated and wanted their rights maintained. The documentary was overall informative and moving. 

My second week was much better than the first and I sincerely hope this trend continues!

The title of this post describes the work thus far in Serbia. Marlene and I are currently busy updating the UNDP "Turn Guide" which outlines the various reports, projects and findings regarding judicial reform in Serbia. We assess whether the reports are still accessible and if more current findings are now available. Most of the publications outline judicial reform projects and their outcomes in the region and internationally, with particular attention given to the initiatives that the UNDP has been a part of. This is because judicial reform remains a new strategy within Serbia though the Judicial Training Centre, which internalizes many of the recommendations of the reports, has been a fundamental change.

Common to all these judicial reform projects are the requirements of competence- building within the judiciary, regional co-ordination, and committment.

Judicial competence entails the establishment or improvement of a common curriculum and a data base that will outline various training strategies and their respective successes. Such reforms will rebuild public confidence in the judiciary, which has thus far been seen as a corrupt institution. This change in turn promises more use of the formal legal system.

Regional cooperation is key in creating a judiciary system that has the opportunity to share its successes within the region. This dialogue can be facilitated by the Turn Guide for example, which outlines the projects of various regions. Thus keeping the information updated is essential.
The Judicial Training Centre, created by the UNDP, is also promising to serve as a model for similar regional efforts. It is very exciting to be a part of these new initiatives and through updating the Turn Guide, I can observe the similarities within regional judicial reform strategies. I look forward to using this knowledge in the second project that requires us to make recommendations on how to apply the pillars of Legal Empowerment, one of which is improving access to justice.

Finally, domestic and international committment is the element that the reports and our supervisors have stressed to be the most fundamental for long-lasting judicial reform. Committment does not just involve financial committment from the government but rather an ideological committment to respect the judiciary as an independent body. In Serbia, this latter portion seems to be key in rekindling the people's relationship with the judiciary. Establishing professional standards, which are visible and accessible has been the natural starting point for most judicial reform strategies.

While these strategic directions seem straightforward, the situation in Serbia is also unique since the judiciary will neccessary be called upon to deal with the country's post conflict legacy. Given the political differences that are still prevalent in the country and that I have witnessed (in soccer matches, on the walls, over coffee conversations), I am very interested to see how the judiciary, when strengthened, will deal with post- conflict grievances, if at all.

Such issues and strategies only give an overview of the Turn Guide and judicial reform project and while I began this post by stating that we were busy with just updating the Guide, I have come to see that the process has acquainted us with the various avenues that can be used when changing a key institution of society.

I look forward to further updating myself in the coming weeks.

Hoping you are well,

For the past week Parisa and I have been working on the judicial training materials that were composed for facilitation of judicial reform in Serbia. There were so many important aspects to the judicial training process that I had not considered. We take for granted that in Canada there are commissions and boards that continuously make decisions on continuing legal education for the judiciary. I now understand the amount of work it takes to begin a judicial training system from the ground up. Prior to the establishment of the centre it was found that some judges came directly out of law school without any formal judicial training and many had less than three years experience on the bench. Below I shall outline some of the elements that I have found particularly important to establishment of a Judicial Training Centre.


Comparative Analysis: Both regional and global best practice analysis has been a target of my work. Judicial training has been around for decades in countries around the world. There is much to be learned from the trials of other countries; what they found to be essential and what elements could be improved upon. At the regional level, one can gain a better appreciation for local needs and focuses. There are certain practices that neighbouring countries use that are better tailored to the Serbian system.

Capacity: The judiciary should be capable of carrying out its own training. This requires an independant judiciary that is transparent, accountable, sustainable and maintains the confidence of the people. A number of things must be in place before full capacity is achieved. Programs to combat corrpution and sufficient funds to fulfill duties (pay administration, lecturers, maintain facility, etc.) are often two key aspects that should be addressed.

Partnerships: Oftentimes there are existent organizations within a country that are capable of carrying out certain functions with ease. These can include universities, NGOs, etc. It is important to build relations with these partners both for resource and funding purposes. Partnerships may also ensure that more areas of training are covered. This latter point was evident not only from my current work, but also from the training that we took part in prior to our fellowships. NGOs and associations that specialize in certain fields can bring in knowledge for training in a variety of fields including human rights, youth justice, etc.

Awareness: The judiciary, government officials and the public should have a better awareness of human rights. Given the animosity between certain groups in post-conflict areas, it is especially important that judges are senistized to the conditions of the vulnerable, and displaced people within the country. In addition, the judiciary should be trained to better communciate with various groups and the media so that messages are well understood, people understand their rights and feel that the judicial system is accessible.

Working on this project has really strengthened my understanding of judicial training and the reasons why it is important.

***Above: Parliament of Serbia

In 2005-2006 the UNDP and BAPPENAS (the Indonesian Government’s main planning board) undertook an evaluation of Access to Justice in the 5 provinces of West Kalimantan, North Maluku, Central Sulawesi, South East Sulawesi and Maluku. The results of their research showed some stark justice realities in the country, which reflect some of International Legal Partnerships class readings from May. In most circumstances, the poor and marginalized communities in those provinces had a higher respect and trust in informal justice mechanisms (village heads, village councils, religious authorities) than they did in the state system (police, judges, even lawyers). In turn, most communities reported a higher incidence of seeking justice informally rather than formally. At the same time, there were some noticeable disparities in human rights recognition in the judgements of informal actors, and enforcement was often a problem.

This all leads to tensions in light of the fact that there is a broad definition of justice at the grassroots level. Justice among the poor and marginalized is not just confined to the spaces of tribunals or courtrooms; it involves everyday access to government programs, recognition of land ownership, the ability to make a living, and the necessary information for protecting rights and registering meaningful complaints. This last aspect is particularly important; of all the places surveyed, a lack of knowledge or resources for protection rights was very apparent.

And that’s where LEAD’s story begins. As a result of the surveys and research, the UNDP and BAPPENAS launched the Legal Empowerment and Assistance for the Disadvantaged Project to provide support for grassroots civil society capacity building, governmental advocacy and personnel training, and national-level justice reform. In 2007, the Project launched providing significant Swedish, Norwegian and Dutch grants to 6 NGOs in North Maluku. The next year, the project expanded into Central Sulawesi and Southeast Sulawesi. The grantees chosen come from a variety of fields, but typically can be classified in one of LEAD’s four grantee sectors: Justice and Gender, Justice and Legal Services, Local Governance, and Natural Resources. On the ground, these NGOs are active in such activities as spreading rights awareness, training rights advocates (including paralegals), training local communities to assess the environmental impacts of local mining and forestry so that domestic and international companies can be held accountable, and in providing support for victims of violence against women. Each grantee received a year’s worth of funding, and the second rounds are set to start this July.

Now, LEAD is a pilot for the UNDP being watched around Southeast Asia and by New York, and as such there have been some obvious growing pains. Handing out the sums of money to grassroots organizations here in Indonesia is a tricky business, requiring extensive accountability mechanisms to ensure donors that their money is being well spent, and to protect the name and reputation of UNDP programming. In this situation, where both the UNDP and BAPPENAS are technically in-charge of the project, there are often two sets of administrative expectations as well, which means everything must be bilingual, and that new directives can come from any side. If there’s one thing I’ve noticed since I have arrived, these directives typically introduce tighter and tighter oversight, which means ever-increasing administration.

This all being said, in LEAD there is a dearth of professional-level English writing skills. Where every new direction needs to be given the green light by the English-using UNDP, this is a significant problem. As a result, most of the work of the staff here needs to be extensively edited, which has been the main focus of my work here thus far. Part of my work involved massive edits to new policy guidelines for LEAD oversight mechanisms – the most extensive (and in some cases first of their kind) in the UNDP. It may not be the legal research I was expected when I arrived, but it has allowed me to gain some interesting perspectives into law in Indonesia, and some of the amazing work going on right now through LEAD.

As a result of limited English language resources, the Project has not really been able to maintain a publications profile in terms of project brochures and website content, which I have also now started to tackle, pulling from the extensive research and initiatives LEAD has undertaken.

This next month promises to be fairly action packed, as the next round of grants come online, and LEAD’s fifth sector – Justice Reform – will finally launch the BAPPENAS national justice reform initiative, with the help of the Indonesian President. This strategy, pushed for through BAPPENAS, will serve to coordinate all the justice duty bearers in the national government, and it is hoped, in the decentralized provincial governments. This means one coordinated minimum standards strategy not just for the courts and legal aid, but for health, education, and all governmental services providers. New service minimums, complaints mechanisms, and community outreach are all in the government’s targeted objectives. It should be interesting as I become more involved leading up to the launch.

Though I’ve spent some time in Buenos Aires before, my experience this time around has so far been quite different from the last. I attribute this change to the fact that I am spending most of my time working with a local NGO, which has given me access to a new perspective on the city and its inhabitants. For example, getting to now my co-workers, learning about the work they do and the perspectives they hold, offers me a greater understanding of Argentine politics and society. Last week, I was also able to learn about the perspectives of various other community members who have been directly affected by the city’s education system.

The education team at ACIJ (the NGO for which I am working) set out to conduct a survey within one of the “villas” so that they might determine the effect of a certain educational policy on members of that community. My first observation of that experience has to do with the word “villa” itself. The closest translation of “villa” in this particular context would be “slum.” Something I find interesting about the use of that term is that the lower income neighbourhoods to which it refers almost invariably contain the word within their name. What rubs me the wrong way about this is that, while the richer areas of town have proper names like “Palermo” or “Recoleta,” many lower income areas of town are only known as “Villa 31” or “Villa 1-11-14.” Not only are those areas only designated by number (do they not deserve a name?), but they are also identified and labeled as slums by naming them as such. Personally, I feel that this sends a subliminal (if not explicit) message that those areas of town are defined by their lower-income character, and it also implies that their situation is static; they can be called “villas” because that’s what they are and that is what they will always be. Me, on the other hand, I would like to think that they have some potential for growth and change…

As for the experience of conducting a survey within one of Buenos Aires’ many villas, the truth is I had a wonderful time. It was a nice change to be learning about the problems within the education system by listening to people’s stories and experiences rather than sifting through documents on a computer screen. I also found that talking to affected families also gave life and perspective to the research in which Adrian and I are currently engaged. One woman sat me down at her kitchen table and told me that her grand-daughter had finally managed to get a spot in kindergarten half way through the year because there had previously been no spots available. At hat moment, the very same grand-daughter ran into the house, having just got home from her first day at school. We had to stop conducting the survey for at least 5 minutes while this sweet, smiling little girl prattled on about the hooks in her classroom, the haircut of a new classmate, the song that they sang for someone’s birthday, and other wonderful things that her first day of school had brought. Needless to say, I didn’t mind the intrusion…

Hello everyone!
Allow me to first explain the title of this post. I've noticed that my usual standards of punctuality and time estimation are completely irrelevant in this country - everything in Zambia is either two hours late or simply takes forever. I cannot figure out how long it takes to get anywhere, buses are never even close to on time, and the snooze button on my zambian cellphone alarm clock often only gives me 5 extra minutes of precious sleep (instead of the internationally recognized 10 minute snooze allowance). Yet, somehow, despite everything moving so slowly, it's already been over two weeks living and working in Lusaka! Now, each day seems shorter with more and more to do, and naturally less time to do it.

Working for the Zambia AIDSLaw Research & Advocacy Network (ZARAN) is very interesting as the organization handles a variety of different human rights issues, providing both legal advice as well as holding numerous advocacy and public education projects. Sevda and I both split our time working on our own research projects (still in their baby stages) and helping out with whatever we can around the office. After a week or so of getting oriented and organized (thanks to Steph for all the help getting us settled in), I've narrowed down my research to an assessment of Access to Treatment for HIV/AIDS, with a specific focus on the various alternative forms of treatment that exist in Zambia (including herbal remedies, false cure claims, and counterfeit drugs); I hope to show how these alternatives are often detrimental to the health of indivudals who, in choosing these untested drugs, often forego taking much needed, life saving antiretroviral medication. In addition to the research, we've been helping out on some of the clinic cases, dealing with issues such as false cure claims and wrongful dismissals of individuals who have HIV. It's shocking to witness the things people can get away with here, and often frustrating as we work with ZARAN to try to correct injustices, only to hit walls of inefficiency or corruption.

The lack of resources and development in Zambia is manifested at every level of its infrastructure, including (unfortunately) within many NGOs such as ZARAN. Currently, we are lacking a legal officer which has resulted in Sevda and I taking many tasks upon ourselves and essentially finding our own way through the country's stack of legislation (did you know that they still print laws in books and not just in easy-to-navigate online databases??). While this limits the legal action that ZARAN can take (for the time being), it has at least motivated Sevda and I to be active in our roles and productive in our research. We had the chance to see the inner workings of ZARAN when we attended the annual general meeting, where the overall attitude among board members and stakeholders seemed to be the need for ZARAN to tackle more issues of human rights (such as gay rights - currently outlawed in Zambia), while at the same time not overextending the NGO beyond what it is capable of given the resources and staff available, as well as the structure of Zambia itself and the overall culture here. I think that this is something Sevda and I will both need to keep in mind as well within our own roles, as we both want to make the most of our time here, while still ensuring that we deliver quality, complete, and accurate results without stretching ourselves too thin.

Outside of the legal framework, life in Zambia is crazy, interesting, slow, fun, boring, and bizarre all at once. Some random thoughts and observations: Our neighbor's smelly dog just gave birth to 9 puppies and they live in a tire under a broken down truck, awesome right? - Everywhere I go I get stared at, it's as though I have sauce on my face or something but no one is willing to tell me...that's gotta be the reason - There've been country-wide power and cellphone outtages on a few occasions - half the country is on strike, including all public hospitals and schools (and we thought we had it bad with York) - Everyone burns their garbage here because there's obviously no collection - My roommates can't cook if their lives depended on it - Everyone here eats with their hands - Corruption is everywhere, you can smell it in the air (corruption smells like burnt garbage) and see it in the eyes of important officials.

There are obstacles and challenges and what seems like an endless amount of problems,
Time is short but hopefully there will be time enough,
Jamie

One of the most valuable experiences of working at HRLN is the variety of experiences that we can have in just one week.

The office was buzzing with excitement for the release of a documentary called ‘I want to live’, which was directed by a prominent HIV/AIDS activist, Sunil Gupta, in collaboration with HRLN. In preparation for this event, Arlene and I called several media outlets to invite them to the premier. After several numbers that were out of service, being hung up on, and the generic problems associated with secretary gate keeping, we were able to confirm the attendance of 4 journalists.

The film was a composition of several HIV/AIDS activists speaking about their frustration with the government for their lack of treatment programs. The film was unique insofar as it did not take the ‘victim’ approach so often favoured by movie makers when approaching the subject of people with HIV/AIDS (PHA’s), but rather, showed people getting ANGRY that their RIGHTS were being violated. This drew me back to the discussion on the charity vs. rights approach to social problems taken up during the first day of ILP training (the Sklar article, I think).

Of note were the attendees, who were mostly comprised of Indian HIV/AIDS activists, but also several expats working for UNAIDS, UNICEF and various development agencies, such as the UK DFID. Even within this crowd, there were several comments which underscored the state of HIV/AIDS discrimination in India. One participant commented that the lack of treatment for PHAs in India was not discriminatory per se, but was rather, a function of the larger failure of the Indian health care system. It was not discriminatory, he argued, when someone with cancer does not receive appropriate treatment at the hospital due to lack of resources. The response from the audience was refreshing, and pointed to the stigma attached to HIV/AIDS, which separates this illness from many others.

We also took a trip to the ‘rehabilitation centre’ during business hours where we observed a weekly legal consultation regarding women’s rights. The concerns of the women ranged from being recently divorced and trying to find work, to asking about rehabilitation programs for alcoholic husbands, to inquiring about government schemes to help those taking care of the orphaned children of relatives, to complaints about the water in the area, which was making their families sick. The dynamic within the women’s circle was interesting as some women did not speak a word, while others chatted for the entire consultation.

I found it interesting that the woman’s consultation took place at the local elementary school and took place when the women were picking up their children. The legal advisor confirmed that this was likely arranged in order to hide their consultations from their husbands or male relatives.

What struck me from this consultation is that ‘woman’s rights’ encompass a wide range of issues, and due to the more traditional gender roles in place in this rehabilitation community, often encompass larger health and social issues such as securing clean water.

Our first week in Delhi has been one that I will always remember. Despite all the hurdles the Oz interns in Delhi have experienced, we have consistently remained optimistic and tried to make the best of every situation. Arlene, Jen, Jasdeep and myself would have never imagined that we would all become so close within such a short period of time. I will share with all of you a short account of the events we experienced.

Our first ordeal was with our broker. Being born in India myself, I should have known better and done some more research. However, I arrived in Delhi on Saturday evening and started work on Monday, since this allowed me to visit family in Mumbai. On top of that, it took us a few days to adjust to temperatures above 50 degrees celsius on a daily basis. I would have never thought the heat could delay thought processes! Our broker was a young guy and initially seemed really helpful. However, he was charging us double the rent normally charged, an excessive brokerage fee and a one month security deposit, which he expected all up front. We had given him a portion upfront and once we became aware of his scam, he refused to return our money. This is where Colin Gonsalves, founder of HRLN and two amazing women by the names of Laya and Seba stepped in. Within a couple of hours, we had our money back and found ourselves living in Colin’s apartment. We have finally settled in a better place but it was an ordeal that involved a lot of screaming, negotiating and sleepless nights.

Our next interesting situation was at our hotel which we stayed at for a few days while apartment shopping. Our first morning there, Jen, Arlene and myself were having breakfast in one of the rooms. Jen smelt something strange and as a precaution, I turned the air conditioning off. WIthin two minutes, a ton of black smoke was coming from the air conditioner. We were frantically grabbing their things and vacating the room. The girls ran into my room with most of their luggage and I went back to their room to get more stuff. By that time it was too late and there was a fire. The GM of the hotel ran in and used a fire extinguisher, covering the girls stuff in baking soda and soot. Despite this ordeal, the hotel refused to give us our room for free and even tried to scam us further. It was here I finally realized, people sense we are tourists, despite me being Indian and will always try to make a quick buck. Once again, I had to scream, be assertive and somewhat angry to get some things we deserved. This whole situation happened while I had a fever for three days, with my temperature hovering around 107 degrees Fahrenheit. It was a scary situation for me since I have never maintained a fever for such a long period of time. I will be eternally grateful to Arlene and Jen for taking care of me and helping me through some tough hours.

India is a beautiful place, there is no doubt about that but if you are not strong willed, assertive and conscientious of your surroundings, you can find yourself in a world of trouble. My supervisor, Colin Gonsalves, has been really good to us and sometimes acts as a fatherly figure. He is so knowledgeable and passionate about his work, you cannot help but aspire to mimic how he operates. In terms of project work, thanks to numerous conferences HRLN organized for us to attend I have been able to draft a research proposal which is currently under consideration. I feel that I have the opportunity to complete a substantial piece of work here. I am really looking forward to working with all the amazing people here at HRLN. I hope there will be more opportunities for me to explore India. Will keep you all updated.

Positive Networks. The positive networks in India are associations that exist to support those affected by or living with HIV/AIDS. They are given some level of government funding and their prime role is for education, awareness, and support. Unfortunately, some of the states that need a positive network the most (i.e. high HIV/AIDS risks states) have yet to form an association. The implications of this are profound as there are areas where HIV/AIDS is an unknown virus, or if known, the myths surrounding it are profound. These myths include that you can contract HIV through kissing, holding hands, sharing drinks, etc. Without support and education there is widespread discrimination and the virus is spread due to lack of awareness.

We travelled to Dharamsala in the state of Himachal Pradesh this weekend for an education/legal rights training session. One was on Disability Rights and the other HIV/AIDS. Of 21 participants, 12 were from HRLN contingents and 9 were outside participants. Only 9 people attended the HIV/AIDS session from the community. There is no positive network in Himachal Pradesh. In a high risk area with no positive network for support or to raise awareness, this is a concern. The meeting ended early with a call for action and awareness from HRLN. The importance of establishing networks and of getting people involved. “If you come together in numbers, then you have a voice.” ~ Feroz Khan, HRLN Delhi.

A.B.C. Abstinence. Be Faithful. Condom. HRLN's acronym for education on prevention of the transmission of the HIV virus.

Access to Treatment. One of the main initiatives that the HIV/AIDS initiative at HRLN is becoming involved with. It is a critical issue. Over the weekend past HRLN received an emergency call for help. A man infected with HIV was suffering kidney failure and as a result required a kidney dialysis. He was refused treatment at a government hospital due to his HIV status. HRLN worked to not only ensure that he was given treatment (albeit privately), but also to file a public interest litigation (PIL) for his case.

Quotable. The people that work at HRLN are motivating and moving. There are a number of quotes worth sharing and remembering.
“In the human rights sense, does the question ‘why’ really matter?” (re: homosexuality)
~ Sunil Gupta
“Equality is not just about what you say, it is about everything you say and do and feel.”
~ Laya Medhini, HRLN Delhi
“Start asking questions that make you think outside the box… what is normal?”
~ Laya Medhini, HRLN Delhi
“If you come together in numbers, then you have a voice.”
~ Feroz Khan, HRLN Delhi

UNICEF Film Premier



I am currently being mauled by mosquitoes. I average 5+ new bites every day, and this morning, I woke up to the realization that I have 3 bites on my face.

However, Dan’s major concern is the population of cockroaches in the office. The first roach that appeared startled everyone, but once it ran under the cabinet, we all returned back to our work. Dan sits behind me, to my right. Out of the corner of my eye, I see this guy, every 2 minutes, getting up and looking for the cockroach! He’s running around the room, looking under every desk.

I tried to contribute and brought him my Raid, which didn’t help much… because now he’s running around the room checking under every desk WITH RAID. He followed it behind a shelf, and emptied half the can on that insect.

Way to go, Dan. You just spent the last hour…killing a bug


ANYWAY, I am proud to say that I discovered ‘for a while’ here means ‘please wait a second’… something that caused me great confusion the past weeks.

Other than that, I have yet to experience any form of culture shock, or find things that are very unfamiliar. The Philippines, in general, is quite similar to other Asian conservative cultures… so for me, it feels like home : )

My favourite part of the week was sitting around and talking to people for hours. I have had such conversations with our co-workers, other legal professionals in the Philippines… and it’s just amazing to hear their life stories. Dan and I have had such conversations as well. (His stories are like something out of the movies!)

We are developing relationships here… with people from all over the world, but also with our fellow interns from Osgoode. I think real learning comes when you sit down, share your lives (maybe over a hot cup of coffee) and leave with a new friend or a stronger friendship. These conversations really stretched my mind, and challenge me to look at things in a different way.

The previous week has mostly been orientation and brainstorming. This week is the beginning of our research. Dan and I will be leaving for Boracay tomorrow morning to help ECPAT with their police training program and conduct interviews with local officials about the local laws on CSEC. (Commercial sexual exploitation of children)









Outside our office @ ECPAT

Hello hello!

It’s hard to believe we’ve been in Uganda now for three weeks – I feel like our three months here are going to be over before we know it and I have a bit of catching up to do with the blog! So far the fellowship has been pretty fantastic and Brooke and I already feel at home at FHRI. As I’m writing this right now I’m sitting on a cliff watching a storm come across the Nile river at Bujagali Falls – definitely a nicer view than from a Bay Street office tower. ☺

When we arrived at FHRI we found that a good bit of the research for the Juvenile Justice Report was already well under way so our first mission was to figure out how and where we could most be useful. As gaps in the research were identified we have stepped in to conduct new interviews and help collect additional information. In the past three weeks we have had some pretty incredible experiences in the field. One of my personal highlights was our visit to the Naguru Remand Home where children are detained between arrest and the end of their trials. There are several of these homes across the country, although arguably not nearly enough to meet the demand. One of the issues contributing to the large number of children found at Naguru is that most of the remand homes have also become “transition centres” for children whom the state and/or law enforcement officials have deemed to be “in need of care and protection.” The majority of these children have been found sleeping on the streets and although they are theoretically supposed to be there for a short period (I believe two weeks is the max target) many of the ones we spoke to had been there for well over a month and had not received any news of potential plans for resettlement. For many, life at Naguru was a welcome change from the uncertain lives they had led and one of the young boys I spoke to explained that he hoped he would not have to leave because at least at Naguru he had a roof over his head, food, and someone to care for him. While we were at the home we had the opportunity to interview both children in conflict with the law as well as these children in need of care and protection. Words alone cannot do justice to some of the stories we have heard and I’m not sure that I will entirely process the experience until I have returned home but it was undoubtedly something that will stay with me forever. One of the biggest challenges I have understood with respect to the remand homes and juvenile justice, is children over-staying on remand. From our discussions with the warden at Naguru as well as subsequent discussions with other NGOs and Legal Aid providers, the delay in processing children’s cases is the result of a complex set of factors from basic resource shortages (often the remand homes lack sufficient money to purchase fuel to transport children to court) to more systemic issues that do not allow for “petty offences” to be diverted or expedited. While diversion programs are increasingly being promoted by the government and law enforcement officials, the majority of cases involving children continue to go through the mainstream, formal justice system which results in large numbers of children accused of petty theft and other minor offences being detained on remand at a rate that exceeds judicial capacity. Although various NGOs have stepped in to help address these issues by providing money for transportation and offering legal representation to young offenders, substantial change will likely not be possible without a comprehensive reform of the administration of juvenile justice in the country. I imagine that I am not alone in reaching this conclusion and that many of the projects other fellows are working on ultimately lead you to a similar end – without systemic reform can there really be substantial change? From a law and development perspective I believe that that is one of the biggest challenges I face personally – recognizing that Uganda, like every country, is faced with resource scarcity that involves making allotment decisions based on relative priorities. While I could write volumes about why I believe that juvenile justice should be bumped up on the government’s priority list, the reality is that there are equally as many who feel that education, or health, or corruption should be targeted. My experiences here over the past three weeks have undoubtedly raised important questions about the role of legal advocacy in the development of process and I’m looking forward to seeing what the next 8 weeks will bring our way.

Hope you are all doing well.
Cheers,
Ash.

The problem with blogging from Indonesia is that the instructions for posting always show up in Bahasa Indonesia… but thankfully after a few missteps, I get to share some info on the fascinating city of Jakarta.

My first introduction to the city of Jakarta actually occurred before I even touched the ground, as we entered the smog layer of the atmosphere where the sky turned from a brilliant blue to a brownish haze. Finally getting a chance to hit the streets and make my way into the city explained it all. This urban sprawl of 9 to 15 million (depending on who you ask) is a city of cars! Apparently the public transit system in Jakarta is poorly done, and many a deal to improve the transit system has fallen through due to shady business (case in point – there is the skeleton of a monorail system in downtown corp that remains unfinished because “the money dried up”). Without adequate bussing, everyone seems to take to the streets in cars (every second one seems like a taxi), motorcycles that cut in and out of traffic (and seem to be the mode of choice, and the fastest since you can squeeze between cars) and bajbajs, imported tri-wheel vehicles from India that are always followed by a thick plume of diesel smoke. With all these cars on the road, what should take 15 minutes turns easily into an hour, as you inch through the streets. And though you could walk some places far easier than driving, its sometimes too risky – the streets (and even some sidewalks) are often built only for cars, trucks and motorcycles.

Thankfully during my first two weeks I got to see some expert driving while I was a guest at the LEAD Project Manager’s (my boss’s) house. It was great to stay with him and his family while I got oriented to the city, or at least tiny parts of it. As an added bonus, staying with him (a British citizen) and his Indonesian wife provided me with a wealth of insight into the current state of this 250 million people nation. Indonesia, still in transition after 35 years of authoritarian rule, is still dealing with real issues of corruption, of recent ethnic and religious violence in some of its regions, and is grappling with an issue that Canadians know only too well: how do you make a national identity out of component citizen groups who have little in common and pull apart naturally? Thus far, politics have shifted towards decentralization and new governance structures throughout the island provinces of the country. However, decentralization itself has exposed new susceptibilities to corruption and public funds misuse. In many cases since 2000, aligning new political units has led to social strife. In some of the worst cases, in provinces like North Maluku, South and Central Sulawesi for example, the gerrymandering of some district governments created situations where former religious majorities (namely Christian) became minorities vis-à-vis their Muslim counterparts. Needless to say, in those provinces the tensions exploded into attacks and retribution against each side.
The great thing about being in the country right now is getting to watch how the country deals with its recent democracy through the current presidential election, set to be held in early July. There are three slates of candidates for president and vice president, all still strongly tied to the military, and two of which actually boast former army generals accused of gross human rights violations. Needless to say, a recent national proposal to have the candidates debate human rights was turned down – by all parties.

This would be the point that I would naturally turn my attention to LEAD Project, but I’m going to save my work experiences for my next blog so that I can give the program I’m working for full attention. It’s a fascinating initiative by the UNDP, and being watched throughout Southeast Asia to see if it might work elsewhere. I may even get the opportunity to join in on the launch of a new Government of Indonesia national justice strategy launch – I’ll be sure to throw up some pictures with the President if I do!

We have been in Pristina, Kosovo for just over three weeks now. It’s pretty challenging to summarize everything so far. So many new things and initial observations have occurred within these first weeks.

The most outstanding observation is the degree to which daily life in Kosovo is permeated with politics and development issues. Surely, this is heightened by the fact that our fellowship is at a political think-tank/government monitoring organization so we think about these issues everyday. But I see it everywhere outside the office as well; in the left-wing political graffiti that plasters every street corner, in the nightly water shortages as a result of over-urbanization, or in the political debates that float between locals in cafes, cafes which are crowded at all hours of the day as a result of the 40% unemployment rate (free time = espresso time!). Politics is in the air. I guess I wasn’t expecting it all to be so apparent and pervasive. But on the other hand, I guess that is the reality of newfound independence.

For anyone not too familiar with current events in the Balkans (which includes myself, before doing the research for coming here), Kosovo declared independence in February 2008. Historically, Kosovo has struggled for independence from Serbian authority. In the late 90s, ethnic tensions escalated, eventually leading to NATO’s intervention in 1999. Kosovo was thereafter placed under the administration of a UN mission called UNMIK, which has remained in the country for almost ten years now. Since independence, there has also been the introduction of several other international organizations here, namely the ICO and EULEX, working in (semi?) cooperation with the local government on different aspects of Kosovo’s transitional independence. It’s quite an interesting topic in international law. There is this web of international organizations, all working under different international documents, and it is unclear who exactly does what.

This is precisely the issue that Sondra and I will be working on for our host organization, the GAP Institute (www.gapinstitute.org). GAP’s broad mission is to make information and analysis of local political, economic and social issues available to the citizens, to bridge the gap between government and people. Our main project is to write a policy brief about the role of international organizations in Kosovo: what is each organization responsible for? From where do they derive their authority? How do they overlap, cooperate and/or conflict with the other organizations and the local government? So for these past weeks, we have spent most of our time developing questions and then interviewing officials from all of the different international organizations. We’ve also attended a few roundtable conferences about related issues (e.g. Kosovo’s representation in international agreements such as CEFTA, the development of Kosovo’s constitutional court). It is pretty exciting to have such close contact and direct involvement with the subjects of our study. I suppose that’s the whole benefit of such internships.

The director of GAP is also interested in having us coordinate a workshop, with the purpose of engaging civil society on an issue of particular interest to us as Canadian law students. After a heated office meeting about recent media threats against a local independent journalist for criticizing the government (http://balkaninsight.com/en/main/news/20042/), we are thinking about doing the workshop on freedom of expression. Our State & Citizen professors will be proud. I guess this project will develop more later.

As has probably already been noted, this weekend Sondra and I got the chance to visit Marlene and Parisa who are doing their internship in Belgrade. It was quite insightful to get a taste of both sides of the conflict. I was totally surprised to see how prevalent, and passionate, the Kosovo issue is among Serbians. At the Serbian football game that we went to, the whole stadium began chanting “Kosovo is the heart of Serbia”.

Another interesting thing to note is the pro-American sentiments here. Before coming, people told us that Kosovo was fervently pro-American, as a result of NATO intervention and American support for Kosovo. And it is definitely apparent. One of first days in town, what we have dubbed Joe Biden day, the famous VP visited Kosovo. Billboards of Biden were put up at major intersections, American flags were strung through the lampposts and all the school children got the day off, cheering through the streets with American flags to welcome the his visit.
On that note, upon finding out that we are Canadian rather than American, a friendly local commented “well, that’s not too bad”.

So that is what’s been happening so far, in the context of this newborn country. As cliché as it sounds, it is truly an exciting time to be in Kosovo.

Having been in Buenos Aires for nigh on three weeks now, I feel confident (or cocky) enough to begin making judgements about the city. Buenos Aires is the 10th (or 11th - depending who you ask) largest city in the world. Growing up I would often watch Hollywood movies where the American actors would get bored of New York City or of a nasty relationship and jet down to Buenos Aires for refuge. The old technicolor images of the pampas, flirty gauchos and sleek polo players intermingled with the wanton abandon of the international gliteratti that called Argentina their playground. My interest in seeing this paradise of pleasure waned until Madonna's ill-conceived turn as Eva Peron in Evita. This time, it was not the life of pleasure that attracted me, it was the lush, dark undercurrent of a passionate metropolis with imposing Belle Époque facades and an ambitious populace trying to hold on to a fading dream. Fast forward to 2009 and the Buenos Aires of my dreams: a city that surprises and disappoints, inspires and frightens.

Buenos Aires has always been referred to as the Paris of the South. Having been to Paris a few times, I feel that I can make a somewhat amateurish yet informed comparison. Many other cities are also referred to as the "Paris" of somewhere with the two biggest claimants being Montreal and Buenos Aires. Although Montreal has more of the cultural feel of Paris with the language and general attitude towards life of the people, I think that architecturally Buenos Aires wins hands down. A walk down the Avenida 9 de Mayo, is reminiscent of a stroll down the Rue St-Denis in Paris...a wide tree-lined avenue flanked by Belle Epoque manses with intricately detailed facades and romantic cast-iron balconies protruding from marble towers. I have only seen a bit of the city: the microcentro and San Telmo, but I am overwhelmed thus far by its architectural treasures. I ended my evening last night sitting in the Plaza de Mayo looking at the sun set over the Casa Rosada (the Argentine version of the White House) and thinking that if I, Eva Peron, Madonna and Cary Grant could sit down for coffee in today's Buenos Aires, we'd all find something we loved about a city that is not Parisian but truly Argentine.

Greetings from Uganda! I arrived safely minus one bag. The fiasco that followed was interesting. On Monday, it was arranged that I would pick up my luggage from the airport, however the luggage had been moved to the headquarters for the airline in town. A long story short is that as we were heading back to the hostel (closing in on 4.5 hours in the cab), Ashley and I were bracing ourselves for a heck of a cab fare. When we asked how much it was we were told 85000 shillings which is less than $45.00!

Much of the first few days at work were spent getting oriented to the organization and the wonderful people we are working with. Aside from that, I spent a fair amount of time reading the relevant laws such as the Penal Code, the Children’s Act, and the Ugandan Constitution. Wednesday I visited the Luzira prison to observe a session put on by the Paralegal Advisory Service (PAS). PAS is a service funded by the Foundation for Human Rights Initiative (where we work). PAS works out of the prisons and helps inform the prisoners of their rights and the general court proceedings because many of the prisoners have misconceptions which affect their access to justice. PAS does important work in helping the prisoners advocate for themselves. Prisoners are routinely kept in remand longer than the maximum prescribed by law. Often prisoners do not know what they are charged with, police have lost their file, and/or their relatives have not been informed of their arrest. I had to laugh because the difference in the importance of time, which was discussed during training, seems to be at play here. The meeting that Ashley and I were supposed to have at the start our first week has not happened yet.
We have done some really interesting work interviewing children on remand and “in need of care and protection” who are housed in the remand homes. Right now I am doing many interviews and visits to different facilities.

People are very friendly and we are perpetually waved at and greeted. While most of the attention is easy to handle, dealing with the children who do not have enough food to eat is difficult. It is very hard when we are getting food (our 3rd meal of the day) and there are children begging us for food. Unfortunately, Ashley and I cannot independently fund a feed the children campaign in Uganda. We are walking to work instead of taking transportation now that we have moved. Coming home, uphill in the blazing heat is wonderful! Our new apartment is beautiful: Thank you Meghan!

This past weekend we went to Jinja. Jinja is the source of the Nile River and has “probably the best rapids in the world”. I went rafting on Saturday and it was so much fun (I swam through most of the rapids though as our raft flipped several times). Uganda is great, and the project is very interesting. I am glad to be back at work after the weekend!

Hi everyone!

It’s now my third week here in Kosovo. It’s quite beyond me how I’m going to cover everything that’s happened so far in a single blog entry, but regardless, I will do my best.

From the very beginning of our trip, the one thing that struck me is the open friendliness of everyone we meet. While the majority of the time this makes the trip even more enriching, we probably could have done without the man in the airport telling us that we would be happy to leave at the end of our internship. Thus far, however, he couldn’t have been more wrong.

Pristina is fantastic – cafes and bars everywhere you look, and everyone is always out. The food is delicious, especially all the local food that I dearly regret has not made its way to Canada yet.

Our work at GAP so far has been both exciting and very enjoyable. Laura and I are putting together a policy brief analyzing the presence of international organizations within Kosovo. This seems simple enough, but we soon realized that transparency might not be the organizations’ strong suits. For the past two weeks, we’ve been conducting interviews with officials from the three organizations currently operating within Kosovo: UNMIK, EULEX, and the ICO. The goal is that at the end of the project, the policy brief will form the foundation for a conference that we will have the opportunity to organize.

In addition, Laura and I will were given the chance to lead a workshop on a topic of our choice. Taking into consideration current events and issues here in Kosovo, as well as our personal backgrounds, our initial idea is to plan a workshop on the topic of freedom of expression.


Yet probably the most enlightening experience I’ve had thus far has been our trip to Serbia last weekend. While slightly apprehensive about what it would be like for us coming from Kosovo, my concerns were entirely unfounded and it was great to see our fellow ILPers in Belgrade. What made the trip so interesting, however, was the fact that it really gave me more of an understanding of Kosovo-Serb relations, and more specifically why the current legal and political situation here is so complex. Kosovo's declaration of independence last year is taken as a matter of course by 60 states, but nationalistic fervour in Serbia remains. I hope that seeing the other side of the coin, as it were, will make the work that I’m doing in Kosovo more effective, as well as more sensitive to the complicated relations that exist between Balkan countries.

Well, that’s it for now. I hope everyone is doing well in their placements and having a wonderful time. All the best!

Hello from Belgrade,
I hope that you're all well and are settling into your placements comfortably. Perhaps it was the excitement or the amazing service aboard British Airways but the trip to Belgrade felt quite short. We arrived and I quickly observed how familiar the city looked. It looks alot like Tehran where I grew up. Narrow streets, a mix of old and new buildings, Cafes by the street and of course crazy driving.
Belgrade has an instant charm to it. It is full of history and while you can see the effect that past occupations have had on this city, it has maintained its distinctiveness. That goes for the people as well.

After settling in, it was time to map out the way to work and after several wrong turns and unneccessary long walks in circles, the path to work was discovered.

Finding out our exact reponsibilities proved to be a tougher task as the UNDP office was very busy welcoming in a new Director. After a few meetings however, we were introduced to three projects, two of which will be our focus for the duration of our stay. The first project entailed gathering information in response to a questionnaire sent to us prior to our departure from Toronto. The questions regarded the Ontario Free Legal Aid program and our responses were used to help frame similar efforts in Serbia. The second project is to update the Judicial Training Centre software. Finally, the third and main project is to outline the Legal Empowerment project through a series of memos and outline, by way of comparative regional research, ways in which Serbia can adopt its 4 pillars (access to justice, property rights, labour rights, business rights).

I was surprised that no deadlines for projects were given and that the office itself is a very relaxed environment. This attitude seems to be prevalent in Belgrade. Despite social and economic problems, people spend money (often money they admittedly don't have) and thoroughly enjoy themselves.

While we have come across some strong political opinions (on the walls and from Serbians themselves), Belgrade so far has been a very welcoming city and I look forward to spending my summer here.

Waiting to read all about your experiences,

Parisa

Hey Folks,

So we have been in Belgrade for about 2 weeks now. We learned quickly not to take taxis; they charge double the cost for foreigners. Otherwise, everyone has been incredibly nice and very accommodating. The city is beautiful and I am told that going for coffee is an essential social aspect of culture.

Our hosts were slow to confirm our responsibilities. That may have been because they were in a bit of a transition period with a new Resident Coordinator having arrived just a week or so before the two of us. We found out quickly that we would be on board for a few projects, these include:

1. Free Legal Aid Fund
2. Legal Empowerment Initiatives (Access to Justice, Property Rights, Labour Rights and Business Rights)
3. Judicial Training Software

We are in charge of different tasks for each project and working on them concurrently. The Legal Aid Fund was a very small task that just required some comparative information about Ontario's Legal Aid system. We actually completed that before we even arrived in Belgrade.


As interns we were assigned the other two projects as a team and are asked to consolidate all our information. This avoids duplication of reports and ensures that our work is more complete since both people have a hand in creating the final product.

One important observation thus far is that although Kosovo has officially declared independence the people here are very much still living in the moment. The destruction of buildings has remained untouched as a reminder of what was. Political graffiti commonly reads "Kosovo is Serbia". We also accidentally walked into a demonstation in the old Republic Square that called on people to mobilize against NATO. Lastly, our ILP fellows from Kosovo were able to meet up with us this past weekend. As a team we attended the Serbia-Austria World cup quailfier game. The fans confidently chanted "Kosovo is the heart of Serbia". The war is over for the rest of the world, but the sentiment lives on for the people of Serbia.

The experience has just begun and I very much look forward to the road that lies ahead.

Well, this is the first time I use the internet in 2 weeks so I am pretty excited! Nairobi is different to what I expected and the first week has been hectic. Although before departing to Kenya I sent several emails to Kituo (organization I am working with) regarding housing, the issue was left in the air until my arrival, which became problematic. After 3 nights in an overpriced hotel ($60USD/night for dirt) and several attempts to find housing in places that were highly inadequate guided by a co-worker, I have finally found a place.

I haven't had time to enjoy Nairobi or do much work since I have been roaming the streets in a desperate attempt to find a place to live. The offices where I work are in a very poor area of town that has not been paved and there is no drainage system. Thus, given that is rainy season, it is necessary to walk through a pool of very lively and colorful water that reaches the knees at some points.

The office where I work is new I've been told, which may explain the lack of organization. Anyways, I cannot say much about work because in the few hours I've been able to spend there nothing but reading their mission statements/strategic plan has occurred. Hopefully next week I can share something more interesting.

Take care guys.

HRLN. The Human Rights Law Network in India. A collective of lawyers and social activists dedicated to the use of the legal system to advance human rights. The organization provides pro bono legal services, conducts public interest litigation, engages in advocacy, conducts legal awareness programmes, investigates human rights violations, publishes educational materials, and participates in legal awareness campaigns. It strives not only for advocacy and to raise awareness but also to ameliorate access to justice in India.

HIV/AIDS. A transmittable virus that attacks specific cells in the immune system called T-helper or CD4 cells. These cells essentially constitute the “defence system” in a human body against outside infection. Over time, HIV reduces the number of CD4 cells and weakens the immune system through replication. If CD4 cell destruction persists, the body is unable to fight even the simplest opportunistic infections, resulting in AIDS [Reference: HIV/AIDS and the Law].

PIL. Public Interest Litigation. Ensuring access to justice in India. The Indian legal system is one of the most advanced in terms of public interest and human rights law. There are provisions that allow for all people, irrespective of race, religion, caste or sex, to bring cases to the Supreme Court and the High Courts for the enforcement of their Fundamental Rights. It is not necessary that the aggrieved party has to be the one to do so. Poverty stricken people may not have the means to do so and therefore, in the public interest, anyone can commence litigation in the court on their behalf. In some cases, High Court judges have acted on their own on the basis of newspaper reports.

s. 377 Unnatural sex. S. 377 of the India Penal Code (IPC) criminalizes “unnatural sex” as an offense which may carry a maximum term of life imprisonment. Unnatural sex is defined as any sex “against the order of nature.” The order of nature being sex for the purposes of procreation only. Any form of sex that is not in the manner of sex for procreation is deemed unnatural and therefore, illegal. Think of the implications of this. Not only for homosexuals, but even for heterosexuals. Really, think about it.

Note: The repeal of s. 377 as part of the IPC is currently in the Indian Supreme Court. A judgement is expected shortly on whether or not this offense is unconstitutional and will be repealed from the IPC. I will provide an update when the judgement is announced. This would be a large win for the human rights movement which respects all peoples and their sexuality.

Rehabilitation. Moving individuals from their home slums to an “improved” area with half built shelters far into the outskirts of the city. Destroying the slums after this displacement of people. I can’t help but wonder are the new homes really better? What implications does being far removed from the city centre have on these individuals? Can a shanty be or is a shanty considered property? What are these individuals property rights? Who do these rehabilitation efforts really benefit? Is it possible that this is a win-win situation? How does the government market their support for these efforts? I would like to find out how these “displaced” persons feel about their very own rehabilitation.

Our week in Delhi began with a quick introduction to India time as we arrived promptly at 9:00am for our internship and were seen at 10:30. Although we were warned about differing conceptions of time, I was struck about how frustrated I became everyday, feeling that my time was ‘wasted’. This made me think about the adage so central to Western society that ‘time is money,’ and the idea that we have to pack every minute of the day with a ‘productive’ activity to feel good about it. It really pushed me to take my own initiative to fill my time with brainstorming for project proposals, and to re-direct my thinking from contemplating on time wasted, to re-inventing this waiting time to something useful.

Having mentally adjusted to the miscommunication and waiting common to our organization’s business practice, we attended a two day capacity building conference for all the HIV AIDS initiatives of HRLN across India. From this conference we were able to glean common issues affecting PHA’s across the country. These include: the refusal of insurance companies to pay out premiums to PHA’s, unavailability of CD4 counting machines (there is only one machine for the state of Orissa, who’s population matches that of Canada!), and refusal of medical treatment by government hospitals.

Two sessions that stand out in my mind from this conference was a talk regarding the experience of homosexual positive men in India, and a sex education class. I was struck at the homophobic remarks (homosexuality referred to as a psychological problem) made during this session, given that these individuals work with the LGBT community as one of their key client groups within the HIV/AIDS initiative. I was also surprised at many of the misconceptions about sex and HIV/AIDS transmission voiced. This was a good learning experience as it can serve as a litmus test to the general attitudes to homosexuality and sexuality in India, given the conceptions of the participants, who are considered to be highly educated and familiar with the above issues.

During our orientation, we visited a ‘rehabilitation’ area, which is essentially an organized slum created by the government for all those landless individuals displaced from their land in Delhi, which has no doubt been snatched up by developers to turn a nice profit. My feelings about this initiative were mixed. On the one hand, the durability of the brick walls provides a stronger physical structure for safety, yet the reality is that the ‘rehabilitation’ project is a de facto relocation project to expel the poorest from the city. My thoughts on this will be further developed over the coming weeks as we will be sure to visit the area again to run a legal training camp.

Next week, we will be travelling with the HIV/AIDS team to Daramsala for a legal training camp, as there is no HIV/AIDS positive network in this area. I’ll try to post my next blog before we leave, but if I don’t get the chance, I’ll post it when I get back on Wednesday.

I always think of myself as an expert traveller. Each year I go off on some wild adventure to another part of the world, leaving behind all my cares, bills and any other messes I managed to create throughout the year. I also tend to be an overplanner = I will map out my trip day by day, scheduling rest breaks, lunches and obsessively perusing the train schedules to make the most effective use of my time. In terms of packing, it is usually done at least 3 weeks prior to departure with each outfit perfectly planned out based on my intended activities.

This trip however, although anticipated, was not planned out. Packing was not accomplished until the last moment, and despite 5 tries to get it all down to one bag, I did not succeed. The last day before I boarded my flight to Buenos Aires I was running errands all over Toronto, looking for a travel towel, unlocking my cell phone and buying every type of medicine I could anticipate needing. Once I realized that my flight to Buenos Aires was going to leave at midnight and that it would last 14.5 hours, I made a mad rush to purchase snacks to fill the time.

Of course, though, our flight was over an hour and a half late leaving Toronto. As well, I had to use a combination of will power and thigh muscles to not use the washrom for 10 hours due to being barricaded in my seat by another sleeping Canadian college student who refused to awaken and let me out. After watching terrible movies for about 4 hours I finally fell asleep. When I awoke it was to the almost magical sight of the sun rising over the Chilean Andes. The mountains were covered in a blue haze and we could see small isolated Chilean villages hugging the slopes of the steep mountains. This idyllic postcard was marred by landing in Santiago, Chile for refueling. We were forbidden to leave the plane due to the Swine flu scare and the cleaning crew that entered the plane all wore masks. It became even more surreal when we landed in Buenos Aires and were given surgical masks to wear when disembarking the plane. Our intense medical evaluation, though, consisted of a questionnaire and a stroll past a heat sensitive camera. Not the demeaning probing I had been expecting.

Overall, the trip was the longest plane journey I have ever taken, but landing in Buenos Aires and standing in the Argentine sun for the first time, made my expedition to South America seem so worth it. I am looking forward to being embedded in an NGO this summer and seeing where the experience takes me.

Labels: Argentina, NGO, swine flu