Photo cc: JaHoVil

When faced with problems such as weak or no enforcement of human rights law, or even the lack of proper national legal instruments, how can you determine whether a mock tribunal is the right tactic for you? What factors should you weigh in before you decide?

And if you thought a citizen-based tribunal could be a useful tactic, how would you go about organizing it? What are some of the steps involved in setting up such a large-scale, public event? For instance, how should you choose those who will play a direct part in it, especially judges (or commissioners)?

In A Mock Tribunal to Advance Change, Mufuliat Fijabi has helped us answer those questions. The following checklist includes some of her advice, and other tips.

You can quickly scan through the list to see what organizing a tribunal entails. The checklist includes 11 "before you organize" items, and 3 "early prep" tasks.

(We just ended a week-long discussion on truth and reconciliation commissions. Some tips below apply to both tactics — non-governmental tribunals and truth commissions — as both are open, paralegal events looking at gross human rights violations.)

Before you organize a mock tribunal

1. How does a Tribunal fit within your long-term goals? Define the specific objectives. How do you hope to use the results?

2. First, identify the statutes and instruments that have bearing on the issue. If national legislation is absent or inoperative, look at International Law. How could you leverage some of the main human rights instruments and multilateral conventions?

3. Have the violations been properly documented? What documentary evidence can you use to support your case? How can you maximize credibility?

4. Are there victims and witnesses willing to testify? What can you do to help other witnesses of violations to come forward?

5. What criteria and processes will you use to screen testimonies? For instance, do you want to ensure representativeness in the various forms of abuse, or their demographic/geographic distribution?

6. Can you meet the safety concerns of victims? How can you protect them against potential retaliation?

7. What other forms of support can you provide your witnesses -- logistical, financial, psychological? For more on this, see I'll Walk Beside You: Providing emotional support for testifiers at the South African Truth & Reconciliation Commission.

8. Do you have strong enough organizational capacity? How can you build the infrastructure to support such an event? Which allies can help?

9. Can you ensure media exposure? Who is your audience? How will you work the media?

10. Do you have access to competent jurists and lawyers? How can you build a paralegal team to fill in the various roles in the proceedings? Hint: Law schools are a good place to start.

11. Last, but certainly not least, a lot of the tribunal's credibility will rest on the judges you choose. Who can you recruit to serve as judges? They don't need to be working for the judiciary in real life, but they need to be high-profile, reputable people. In Nigeria, "The mock tribunal 'judges' were chosen based on their prominence and their concern for women's human rights", says Mufuliat Fijabi."Two of the three women in the Senate, and two of the nine women in the House, attended the tribunal".

Early preparation tasks

12. Write a proposal. As early as possible, build a project proposal. This will be your main fundraising tool. It needs to be sent as early as possible to potential funders. You can also use it to generate support among allies.

13. Build support. Seek cosponsors, coorganizers and supporters. Says Mufuliat Fijabi: "We recommend that you make an effort to involve other organizations in your mock tribunal. It is intended to be a noted national event, and is more likely to achieve that end if it is perceived to have a broad base of support. Also, you will be building important bridges of collaboration with other groups if you invite them to be part of such a significant event."

14. Secure your venue. Early on, book a "central venue, easy to reach and big enough to accommodate a very large audience", to quote Mufuliat Fijabi again. How many people do you plan to accomodate? In Nigeria, several hundred spectators attended the tribunal, in addition to 45 journalists, the panel of judges, the testifiers, their supporters, and dozens of staff. Remember: where matters. Use the Power of Place.

Philippe Duhamel, interTactica.org

What other tips would you give someone considering the tactic of a citizen-based tribunal? Please share below.

Also, what contributes to more credible and moving proceedings? How can we ensure a more powerful impact through follow-up activities? Any ideas? Please offer these in the comments, as your tips may inspire another post on the actual conduct of mock tribunals and similar proceedings.