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Blog entry from New Tactics

Dialogue: Stage the law you want to see

Portrait de Philippe Duhamel
TribunalPhoto cc: 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.