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Mon Œil.
"Although
you are standing here before us, you are standing before the entire
nation and the international society by standing on the podium to share
your sufferings and the violence you have suffered as women. The
tribunal is long overdue."
— Senator Khairat Gwadabe, member of Nigeria's Upper House, quoted in A Mock Tribunal to Advance Change.
Problem 1: When laws are inoperative
In
most countries of the world, the law says one thing, and the reality
says another. That's because changing rules is easier than changing
practices. Likewise, adopting laws is not as taxing as enforcing them.
Hence the problem of ineffectual legislation.
So
what can you do when human rights statutes say one thing, and the facts
another? How can you bring the rule of law when it is systematically
ignored or violated?
Problem 2: When there is no law
It
gets worse. Sometimes no relevant legislation is even in place. Think
of the dismal state of the law regarding the abuse of women, marital
rape, and sexual violence in many countries. Violations are not only
ignored with impunity, they are often trivialized, and may even be
glorified. When the legal system offers no specific provisions,
technically and legally, there is no abuse.
So
how can you seek redress, when there are no lawful mechanisms, no
statute you can invoke? If a practice or behaviour is not even seen as
a problem, how can you hope to change it?
There
is a seldom used format that has the power to reframe a problem into a
paralegal framework, to bring violations into the spotlight, and call
for real enforcement. Enter one tactic that bridges consciousness
raising and the legal world: the non-governmental, or citizen-based
"mock" Tribunal.
What's this?