Friday, November 20, 2009

HRUSA Blogs From Liberia, Day 4: Attorney and Counselor-at-Law

“Attorney and Counselor-at-law.” Many of us give this title about as much thought as “peas and carrots.” “Counselor,” we think, is something antiquated - a term that’s just hanging on to have more to fit on a shingle. Or perhaps, like parents used our middle name when we were young, it’s a term that tells you, as the judge leans over the bench with a furrowed brow and a sharp “Counselor!,” that “yous in trouble!” But if we lawyers think our work does not have psychological and emotional elements and that we do not need to consider the mental state of our clients, we deceive ourselves. Family law is an obvious example of an area in which an attorney should remember that clients are likely experiencing strong emotions and the outcome of the case will be deeply personal. But I’ve also seen businesspersons struggle emotionally when the companies they have built over many years risk collapse and employees crumble internally when years of litigation start to take their toll. As an attorney, I believe it is your job to be aware of the impact your work has on your clients and never is that more important than when working with clients like ours who have survived atrocities one can barely imagine.

To this end, I am grateful for the training we at Human Rights USA received from Karen Hanscom at Advocates for Survivors of Torture and Trauma. Karen explained the psychological and physiological ways that being tortured changes one’s understanding of the world and undermines the basic lessons of one’s place in the world learned as a child. Based on Karen‘s training, I understood the need to give the clients I met today a tour of the building where we were meeting, ensuring everything felt open and accessible, and to allow them to sit closest to the door so they didn’t subconsciously feel trapped in the room. And as we began to talk about various aspects of the case, the differences in how our clients have processed what happened to them became remarkably clear. While one gains strength, another remains bitter; where one accepts the past and moves forward, aiming to ensure it is never repeated, another cannot forget and does not want to forgive - not yet. So we discussed legal options and legal reality, as well as the wishes of one’s family and the fact that, no matter how many cases one files, the what is done can never be undone.

A case like this is not simply a series of pleadings and court appearances - it is a healing process. The opportunity for our clients to face the man who wronged them is invaluable. And even if he never showed his face (as some defendants choose to do), our clients find taking a stand (literally, come December!) and exercising their rights extremely empowering.

On a lighter note, the Liberian expressions of the day are “take time” and “dress.” “Take time” means “mind where you’re going” or “look out,” often said to people who wander into the street without paying attention to the traffic (which puts any rush hour in the U.S. to shame - oh, and “shame” here means shy). “Dress” is what you say to people when you need them to make more room, such as in the back of a crowded taxi: “Dress, dress! I need to get in.”

~Piper

Check back in regularly for updates from Piper as she's in the field. Also - be sure to mark your calendars for November 30th at 4pm, when Piper will host a conference call to talk about her trip to Liberia and the upcoming trial against Chuckie Taylor. Be sure to post any questions you have for Piper in advance!

Thursday, November 19, 2009

HRUSA Blogs from Liberia, Day 3: Opinions, Copyright, and Oil Rice in Monrovia.


We continued making good progress on the case today and arrangements for travel in December. I’ll be meeting with more clients tomorrow and continuing to gather documentation from facilities in Monrovia. I can focus more on that progress in a later blog - for now, I’d like to answer some of the questions I’ve received about impressions of the country here and about the food. While I can speak from (limited) personal experience as to the latter, I’ll simply share the opinions of others who have been here longer on the former.

There’s something fun about an expat community where everyone shares a bond of coming from another country and exploring the same new one. Similar to the quote about learning another language to truly understand your own, I think it is when you see life in another country that you begin to understand your own…. And, at the same time, you may see things in a new country that those who were raised there don’t. I’ve had the opportunity to meet many people who live here or visit regularly - including a fun family of missionaries, Embassy employees, NGO employees, visiting doctors and academics. (I'll share interesting things I've learned from locals in a later blog.) And, not surprisingly I suppose, there are as many opinions as people. Many note marked improvement since 2006, when President Sirleaf took office. Some look at particular issues and say the administration isn’t doing enough. For example, some lament the relative lack of programs for child soldiers, while others argue resources are too limited and the child soldiers who survived shouldn’t get the resources that could go to the next generation of children who need to be in school. Schools, by the way, are not free in Monrovia and, if you can believe it, children can be turned away despite paying tuition if they don’t arrive in the proper uniform, down to the right shoes. (Ok, I must interject my own opinion here: While I see a benefit in requiring clean, respectful clothing, I have a hard time thinking about children being denied the opportunity to learn for not having the right shoes in a country where some have none at all.) Some here say that while many “talk the talk” of a religious life, they don’t live the teachings of their respective churches, which others collaborate from a more secular perspective saying that no one cares about the person next to them. Some see consistent, gradual progress while others lament the amount of money that is siphoned out of the reconstruction process by corruption and greed. Many question what will happen surrounding the 2011 presidential elections - will Sirleaf run again? Will the football star who lost last time have enough sway this time with young voters? (Which makes a huge difference in a country where around half of the population is under 18.) Will peace continue to grow or will some event be the catalyst for more fighting? Right now most have questions and not answers, but the vast majority of those with whom I’ve spoken have hope for a stable, peaceful country .

And on the legal side of things, here’s an interesting read about the status of the laws in Liberia - in short, determining the relevant laws damages is not as easy as finding good search terms on Westlaw. Word on the street is that President Sirleaf would like to address this issue but already has a considerable amount on her plate. Some would like to see the laws widely distributed, such that Banks has to either accept their distribution or bring suit - and have this matter settled once and for all.

On a happier note, there are groups that are generously furthering the availability of legal texts (and books in general) in Liberia. For example, Books for Africa has provided an entire “law module” to the law school here. In a country without publishing houses, bringing in books is critical. I encourage any law students reading this to consider an alternative to selling back those horribly large texts for a few cents on the dollar. Fore more info, click here. (You can mail domestically via media mail to Minnesota.)

Lastly, to answer questions about food: We made great progress on the case today and, to celebrate, “R” and I had a proper lunch (which was around $5 USD) - where I learned another Liberian expression. I’d ordered fufu, a dumpling-type bread made from cassava and was excited to try it. (see: - I’ll note that my peanut soup had a more generous serving of meat and fish) But then the server returned and said, “Fufu finish.” There was a pause for me to process this - I hadn’t finished my fufu, since I hadn’t gotten it yet…and then I realized, finish = out. They were out of fufu! Sigh. I had the peanut soup and rice instead which was spicy and delicious - and happily I have several other days to try some fufu. Rice is a common part of meals here and, when served without a soup, is called “dry rice.” As opposed to “oil rice” which, with a Liberian accent, sounds a bit like “allright.” So when someone asks you how you are doing (“how da body?”), they might ask if you are “dry rice or oil rice.” I’m looking forward to asking my clients tomorrow if they dry rice or oil rice.

More on legal progress, culinary adventures and other matters tomorrow…Hope you readers are all oil rice!

Check back in regularly for updates from Piper as she's in the field. Also - be sure to mark your calendars for November 30th at 4pm, when Piper will host a conference call to talk about her trip to Liberia and the upcoming trial against Chuckie Taylor. Be sure to post any questions you have for Piper in advance!

Wednesday, November 18, 2009

HR USA Blogs from Liberia: Day 2


Liberian Temple of Justice: "Let Justice be Done to All"

HRUSA's Piper Hendricks blogs from Liberia as she meets with HRUSA's clients and undergoes extensive document collection. On her first full day in Liberia, she meets with some of the clients, prepares for visa interviews, and avoids the downpours of the rainy season...

Great first day in Liberia! With help from folks at the Carter Center, I was able to meet one of our clients across town (longer-distance movement is not always easy here), get a cell phone here up and running (which is a critical mode of communication as everyone uses cell phones - the rare landlines are only at some of larger agencies and ministries), prepare for a visa interview tomorrow, gain a sense of the geography (and, with local drivers, learn much about the history of various neighborhoods) and visit a hospital to discuss available records. Oh, and stop by a local fruit stand on the way back to buy grapefruit and marvel at the purple avocados…all while avoiding the unseasonably hard rainfalls (there‘s no debate here over whether climate change is a problem). The second downpour just began and I’m safely indoors updating declarations - and you, our wonderful supporters.

After months of phone calls (carefully timed to reach people in network as rainy season clouds allowed), it’s wonderful to see our clients in person. They were tickled by the recorded greetings all of us at HRUSA prepared and sent via camcorder (isn’t technology great?) and are pleased to have more concrete preparations for the December trial underway. One client, “R,” is so diligent that when I suggested this afternoon that we take a break for lunch, he looked at me with surprise and said, “No, we must keep working!” So we split the protein bar in my bag and back to work we went. There is no “trying slow” here! (Expressions in other countries are delightful and Liberia is no exception so I’m trying to learn as many as I can while I’m here. “Trying slow” means one is putting in much effort but the results are slow in coming.)

Work in this setting is incredibly rewarding and exciting in a way that can’t be duplicated in the States. Here, our clients are more like partners than clients - they know the country, the places, the people, and the way to get things done and are absolutely invaluable. The feeling of working together toward justice and contributing to the positive outcome of their own case is one I believe we are all enjoying.

In the evening, I had the opportunity to meet with several Carter Center fellows as well as law students from Washington & Lee who are here under the tutelage of Professor Thomas “Speedy” Rice. The Carter Center fellows work in various government ministries and government projects in Liberia while the students are visiting for several weeks to learn more about the challenges facing the Liberian justice system and the reality on the ground in a post-conflict country. It’s encouraging and inspiring to see such a high-level of interest and dedication in this new generation of attorneys! With any luck, a few generations from now, we’ll all be out of business (i.e., human rights will be consistently respected worldwide). One can hope, no? ~Piper

Check back in regularly for updates from Piper as she's in the field. Also - be sure to mark your calendars for November 30th at 4pm, when Piper will host a conference call to talk about her trip to Liberia and the upcoming trial against Chuckie Taylor. Be sure to post any questions you have for Piper in advance!

Tuesday, November 17, 2009

HRUSA Blogs from Liberia: Day 1, Touching Down

HRUSA's Piper Hendricks blogs from Liberia as she meets with HRUSA's clients and undergoes extensive document collection. On Day 1, she finally touches down in the capital city of Monrovia after multiple days of travel...

I arrived safely in Monrovia tonight. It’s ~82F/28C and I must say seeing palm trees in November is always a delight. From the airport, we passed several impressive buildings, including City Hall, the UNMIL building, and, my personal favorite, the Justice building. Unfortunately, arriving in the evening makes it difficult to really get a sense of your surroundings, but my limited impression so far is that it is a pretty mellow place. Of course, that may be because I’m listening to a band play praise music in front of the Carter Center housing and hearing the rolling waves of the Atlantic ocean in the backyard. A Senator here recently passed away, so word on the street is that her daughter arrived from America for the ceremony - hence the music out front. Also the reason for the coverage on local TV of the Senatorial run-off election, which I caught a bit of tonight eating rice and chicken (every part of the chicken, I believe) down at Sweet Lips CafĂ©.

Tomorrow I will hit the ground running on collecting documents for trial. Some say that one needs a machete to cut through the red tape around here, but thanks to several helpful individuals with whom I spoke before leaving the States, I should be able to get a good start. Another obstacle, of course, is that some documents one might expect to have in other countries are not available here - when a country is mired in a civil war, survival is your top priority - not making sure files are in order. We’ve known this but it will be interesting to see what is available.

I hope to be able to blog fairly regularly while I’m here. If anyone following HRUSA abroad has questions, feel free to ask me, ask me, ask me. I’m happy to answer them as I’m able. ~Piper

Check back in regularly for updates from Piper as she's in the field. Also - be sure to mark your calendars for November 30th at 4pm, when Piper will host a conference call to talk about her trip to Liberia and the upcoming trial against Chuckie Taylor. Be sure to post any questions you have for Piper in advance!

Thursday, November 12, 2009

HRUSA Blogs from Liberia: An Introduction

In just a few days, Human Rights USA International Justice Project Director Piper Hendricks will arrive in Monrovia, Liberia, to gather information needed for our civil proceeding in the United States. This trip is the culmination of years of work with survivors of abuses inflicted by Charles Taylor Jr., a U.S. citizen, and his subordinates.

While in Liberia, Piper will meet with our Liberian clients who survived atrocities during the Liberian civil wars, which took place between 1989 and 2003. While there, Piper will accompany our clients to their interviews with the U.S. consulate to apply for visas to travel to the United States for the civil trial scheduled in Miami in December.

For these brave survivors and for HRUSA, the trial represents years of work toward accountability under U.S. law, as well as reestablishing justice in Liberia. In 2008, Taylor Jr. was criminally tried and convicted by a Miami jury and is now serving a 97 year sentence. While HRUSA applauds the work of the U.S. Government in convicting Taylor Jr., real justice for his victims does not end there. The civil case is a chance for several survivors to tell truth to justice and gain a sense of closure after facing the man who so gravely wronged them. In addition, the civil case provides an opportunity to obtain monetary damages to remedy their medical expenses and other costs stemming from the torture to which they were subjected.

The preparations for the trip have been extensive, both logistically and legally. Obviously, any journey of thousands of miles is complicated, but in this case, traveling with a goal of obtaining justice has made it more so. In addition to receiving several vaccinations and obtaining a visa, Piper has had to make plans for travel to various parts of Liberia, where roads often make the travel quite long. During her stay, Piper will be working with the clients to get passports and visas, as well as medical records and other evidence to use at trial.

The legal work that HRUSA has done to prepare for the case in the US also has been extensive. Since filing the civil case in January, we have spent the last year drafting various motions, gathering expert information on the long-term effects of torture, and preparing logistically for the challenges of international justice. The work is all worth it because with patience, perseverance and support, this case will provide a sense of closure and justice for survivors, and represent progress for the nation of Liberia.

Please post any questions you might have for Piper as comments to the corresponding blog posts.

After the trip, on November 30th at 4pm EST, HRUSA will host a conference call with Piper to provide you, our supporters, the chance to ask questions about the case and learn more about her trip to Africa. To participate, please contact Brenden Sloan at bsloan [at] humanrightsusa.org or call (202) 296-5702. Piper looks forward to answering your questions. Thank you for your support!

Wednesday, November 4, 2009

On the Radar Screen: Obama Administration to Weigh in on Nigerian Drug Case

On Monday, the U.S. Supreme Court asked the Obama administration's Solicitor General's office to add its voice to the debate over Pfizer's alleged illegal testing of antibiotics on children in Nigeria. The plaintiffs in this case allege that Pfizer, who is also facing a $7 billion suit in Nigerian courts, violated international law by conducting a clinical trial without proper consent from the children's guardians and failing to inform them the study was experimental or that it involved serious risks to their childrens' health. The trial left 11 children dead and many others with debilitating conditions, such as paralysis.

In January of this year, the Second Circuit court of appeals decided the plaintiffs could proceed with their case, stating "The norm prohibiting nonconsensual medical experimentation on human subjects has become firmly embedded and has secured universal acceptance in the community of nations." In response, Pfizer petitioned the Supreme Court, arguing U.S. corporations doing business abroad should not be held liable in such cases. The U.S. Chamber of Commerce (in the news lately for their opposition to climate change), supports Pfizer's position.

This case provides an opportunity for the Obama administration to explain how U.S. corporations - entities that exist courtesy of U.S. laws - should be held accountable for harms they cause in operating outside of U.S. borders. We will keep you informed as the Solicitor General responds in this important matter.