Seeking Justice

Using an expropriation law to ensure economic rights are protected

Workers in Argentina have tried to prevent job losses by refusing to stop working when their employers’ business­es go bankrupt. Jobs at nearly 200 fabricas recuperadas, or recuperated factories, have been saved by workers who use a little-known expropriation law to prevent removal of equipment by creditors and to seek receivership of the factories. The businesses range from ice cream factories and metal works to four-star hotels and shipyards.

Training local leaders as mediators and resources on human rights

In Uganda, the Foundation for Human Rights Initiative (FHRI) trains local leaders to help community members with legal complaints in a way that avoids the problems and frustrations of using the formal judicial system. FHRI teaches these leaders how to educate their communities about their constitutional and human rights. It also gives them paralegal skills, enabling them to provide mediation, counseling and advice so that citizens can obtain re­dress for abuses and exercise their full human rights.

Teaching people in rural areas about their rights and connecting them to lawyers to defend those rights

The Thongbai Thongpao Foundation (TTF) in Thailand brings free legal assistance to rural residents, along with training on basic human rights and laws affecting their daily lives. While Thailand enjoyed rapid economic growth in the 1990s, much of the improved standard of living was concentrated in metropolitan areas. Rural populations lag behind economically and have little awareness of the rights guaranteed by modern Thai law. This leaves them vulnerable to exploitation by corrupt officials and moneylenders.

Settling landless people on unfarmed land to pressure the government to carry out land reforms

Since its creation in 1984, the Brazilian Landless Workers Movement (Movimento Dos Trabalhadores Rurais Sem Terra, or MST) has addressed the issue of land reform by organizing large groups of landless farmers to settle and farm unused land belonging to wealthy landowners. After occupying an area MST attempts to gain the land legally through petitioning and legislation, using an article in the Brazilian constitution stating that unproductive land is available for agrarian reform.

Raising public awareness of impunity through a referendum or petition drive

Using a constitutional provision that had never been invoked, Comisión Nacional Pro-Referéndum (CNR) orga­nized a referendum in Uruguay, so that the public could vote on the congressional decision to grant impunity to human rights abusers employed by the military. In order to petition the government to hold a popular referendum, CNR needed, within one year of the impunity law’s passage, to collect the signatures of 25 percent of citizens who were qualified to vote.

Promoting justice by leveraging the legal rights to access victims’ records

The Centro de Documentación y Archivo (CDyA) opened police files to the public after the country’s 35-year military dictatorship.

The constitution of Paraguay, like the constitutions of five other Latin American countries, includes the right of habeas data: the right of former prisoners to control data collected about them and their experiences. After filing a petition to obtain his own file, Martin Almada, a former political prisoner, accompanied by a local judge, found thousands of detention files in a police station in Lambare in 1992.

Organizing mock tribunals to raise awareness of human rights abuses and influence public policy

BAOBAB for Women’s Human Rights, along with the Civil Resource Development and Documentation Centre, organized the first National Tribunal on Violence against Women. Held in March 2002 in Abuja, Nigeria’s capi­tal, the tribunal was unofficial and not legally binding, but the testimony was real. Thirty-three women testified, sharing their experiences in order to help the public learn about the abuses suffered by women in their homes, in their communities and at the hands of the government, including sexual harassment, domestic violence, rape and female genital mutilation.

For more information on this tactic, read our in-depth case study.

Mapping personal histories and mobilizing memory to reclaim a place in history and recover lost land

The District Six Museum in South Africa spearheaded a land claim in which people ultimately recovered both the property and dignity they had lost under apartheid. It continues to be a space where people can collect, dissemi­nate and exchange memories of the neighborhood. It is also actively involved in promoting civic dialogue about humane cities in South Africa.

Involving the community in determining offenders’ sentences and helping to rehabilitate them

Peacemaking circles use traditional circle ritual and structure to create a respectful space in which all interested community members — victim, victim supporters, offender, offender supporters, judge, prosecutor, defense counsel, police and court workers — can speak openly in a shared attempt to understand a crime, to identify what is needed to heal all affected parties and to prevent future occurrences.

Establishing a formal truth commission to investigate and acknowledge gross human rights violations

The South African Truth and Reconciliation Commission (TRC) was initiated by national legislation in 1995, after a period of public debate. Its mandate was to collect information about gross human rights violations committed by state bodies or the armed opposition during apartheid and its goal was to promote national unity and reconcili­ation. The Commission was expected to offer suggestions for policy reforms to prevent future abuses. In addition to amnesty and human rights hearings, special hearings focused on abuses suffered by women and children and others were held on the role of faith communities, the medical establishment, the legal sector, the business com­munity and other institutions that had passively or actively contributed to rights violations.

For more information on the "victim accompaniment" tactic within the context of the South African TRC, read our in-depth case study.

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