0:00:01.957,0:00:03.518 Let me tell you a story 0:00:03.518,0:00:06.724 about a little girl named Naghma. 0:00:06.724,0:00:08.546 Naghma lived in a refugee camp 0:00:08.546,0:00:11.425 with her parents and her eight brothers and sisters. 0:00:11.425,0:00:13.361 Every morning, her father would wake up 0:00:13.361,0:00:15.801 in the hopes he'd be picked for construction work, 0:00:15.801,0:00:19.367 and on a good month he would earn 50 dollars. 0:00:19.367,0:00:20.755 The winter was very harsh, 0:00:20.755,0:00:23.439 and unfortunately, Naghma's brother died 0:00:23.439,0:00:25.359 and her mother became very ill. 0:00:25.359,0:00:27.939 In desperation, her father went to a neighbor 0:00:27.939,0:00:30.336 to borrow 2,500 dollars. 0:00:30.336,0:00:32.250 After several months of waiting, 0:00:32.250,0:00:33.767 the neighbor became very impatient, 0:00:33.767,0:00:36.485 and he demanded that he be paid back. 0:00:36.485,0:00:38.929 Unfortunately, Naghma's[br]father didn't have the money, 0:00:38.929,0:00:41.764 and so the two men agreed to a jirga. 0:00:41.764,0:00:44.294 So simply put, a jirga is a form of mediation 0:00:44.294,0:00:47.534 that's used in Afghanistan's [br]informal justice system. 0:00:47.534,0:00:50.988 It's usually presided over by religious leaders 0:00:50.988,0:00:52.686 and village elders, 0:00:52.686,0:00:55.886 and jirgas are often used in[br]rural countries like Afghanistan, 0:00:55.886,0:00:57.737 where there's deep-seated resentment 0:00:57.737,0:00:59.999 against the formal system. 0:00:59.999,0:01:02.337 At the jirga, the men sat together 0:01:02.337,0:01:05.251 and they decided that the [br]best way to satisfy the debt 0:01:05.251,0:01:09.840 would be if Naghma married[br]the neighbor's 21-year-old son. 0:01:09.840,0:01:12.500 She was six. 0:01:12.500,0:01:14.565 Now, stories like Naghma's unfortunately 0:01:14.565,0:01:16.253 are all too common, 0:01:16.253,0:01:17.748 and from the comforts of our home, 0:01:17.748,0:01:19.503 we may look at these stories as another 0:01:19.503,0:01:21.763 crushing blow to women's rights. 0:01:21.763,0:01:24.294 And if you watched Afghanistan on the news, 0:01:24.294,0:01:27.993 you may have this view that it's a failed state. 0:01:27.993,0:01:31.809 However, Afghanistan does have a legal system, 0:01:31.809,0:01:35.671 and while jirgas are built on[br]long-standing tribal customs, 0:01:35.671,0:01:39.034 even in jirgas, laws are supposed to be followed, 0:01:39.034,0:01:40.962 and it goes without saying 0:01:40.962,0:01:43.583 that giving a child to satisfy a debt 0:01:43.583,0:01:47.649 is not only grossly immoral, it's illegal. 0:01:47.649,0:01:50.176 In 2008, I went to Afghanistan 0:01:50.176,0:01:52.496 for a justice funded program, 0:01:52.496,0:01:55.203 and I went there originally [br]on this nine-month program 0:01:55.203,0:01:57.115 to train Afghan lawyers. 0:01:57.115,0:01:59.376 In that nine months, I went around the country 0:01:59.376,0:02:02.312 and I talked to hundreds of[br]people that were locked up, 0:02:02.312,0:02:03.910 and I talked to many businesses 0:02:03.910,0:02:06.440 that were also operating in Afghanistan. 0:02:06.440,0:02:07.784 And within these conversations, 0:02:07.784,0:02:09.655 I started hearing the connections 0:02:09.655,0:02:11.645 between the businesses and the people, 0:02:11.645,0:02:13.715 and how laws that were meant to protect them 0:02:13.715,0:02:15.416 were being underused, 0:02:15.416,0:02:19.474 while gross and illegal punitive[br]measures were overused. 0:02:19.474,0:02:22.298 And so this put me on a quest for justness, 0:02:22.298,0:02:25.020 and what justness means to me 0:02:25.020,0:02:28.715 is using laws for their intended purpose, 0:02:28.715,0:02:31.040 which is to protect. 0:02:31.040,0:02:34.543 The role of laws is to protect. 0:02:34.543,0:02:38.258 So as a result, I decided to [br]open up a private practice, 0:02:38.258,0:02:40.599 and I became the first foreigner to litigate 0:02:40.599,0:02:42.815 in Afghan courts. 0:02:42.815,0:02:45.672 Throughout this time, I also studied many laws, 0:02:45.672,0:02:47.202 I talked to many people, 0:02:47.202,0:02:48.373 I read up on many cases, 0:02:48.373,0:02:50.763 and I found that the lack of justness 0:02:50.763,0:02:52.749 is not just a problem in Afghanistan, 0:02:52.749,0:02:55.070 but it's a global problem. 0:02:55.070,0:02:56.821 And while I originally shied away from 0:02:56.821,0:02:58.938 representing human rights cases 0:02:58.938,0:03:01.117 because I was really concerned about how it would 0:03:01.117,0:03:03.760 affect me both professionally and personally, 0:03:03.760,0:03:06.513 I decided that the need for justness was so great 0:03:06.513,0:03:08.384 that I couldn't continue to ignore it. 0:03:08.384,0:03:10.701 And so I started representing people like Naghma 0:03:10.701,0:03:13.157 pro bono also. 0:03:13.157,0:03:14.863 Now, since I've been in Afghanistan 0:03:14.863,0:03:17.326 and since I've been an attorney for over 10 years, 0:03:17.326,0:03:21.040 I've represented from CEOs [br]of Fortune 500 companies 0:03:21.040,0:03:23.368 to ambassadors to little girls like Naghma, 0:03:23.368,0:03:24.918 and with much success. 0:03:24.918,0:03:27.833 And the reason for my success is very simple: 0:03:27.833,0:03:29.843 I work the system from the inside out 0:03:29.843,0:03:31.262 and use the laws in the ways 0:03:31.262,0:03:33.998 that they're intended to be used. 0:03:33.998,0:03:36.120 I find that 0:03:36.120,0:03:39.536 achieving justness in places like Afghanistan 0:03:39.536,0:03:41.684 is difficult, and there's three reasons. 0:03:41.684,0:03:44.240 The first reason is that simply put, 0:03:44.240,0:03:47.339 people are very uneducated as[br]to what their legal rights were, 0:03:47.339,0:03:49.930 and I find that this is a global problem. 0:03:49.930,0:03:51.144 The second issue 0:03:51.144,0:03:54.583 is that even with laws on the books, 0:03:54.583,0:03:56.848 it's often superseded or ignored 0:03:56.848,0:03:59.170 by tribal customs, like in the first jirga 0:03:59.170,0:04:00.702 that sold Naghma off. 0:04:00.702,0:04:03.404 And the third problem with achieving justness 0:04:03.404,0:04:06.216 is that even with good, existing laws on the books, 0:04:06.216,0:04:08.862 there aren't people or lawyers [br]that are willing to fight 0:04:08.862,0:04:10.558 for those laws. 0:04:10.558,0:04:13.432 And that's what I do: I use existing laws, 0:04:13.432,0:04:15.231 often unused laws, 0:04:15.231,0:04:18.865 and I work those to the benefits of my clients. 0:04:18.865,0:04:21.413 We all need to create a global culture 0:04:21.413,0:04:23.241 of human rights 0:04:23.241,0:04:25.990 and be investors in a global [br]human rights economy, 0:04:25.990,0:04:27.757 and by working in this mindset, 0:04:27.757,0:04:30.474 we can significantly improve justice globally. 0:04:30.474,0:04:32.866 Now let's get back to Naghma. 0:04:32.866,0:04:35.265 Several people heard about this story, 0:04:35.265,0:04:36.790 and so they contacted me because they wanted 0:04:36.790,0:04:39.355 to pay the $2,500 debt. 0:04:39.355,0:04:41.216 And it's not just that simple; 0:04:41.216,0:04:42.998 you can't just throw money at this problem 0:04:42.998,0:04:44.151 and think that it's going to disappear. 0:04:44.151,0:04:46.632 That's not how it works in Afghanistan. 0:04:46.632,0:04:50.030 So I told them I'd get involved, 0:04:50.030,0:04:52.318 but in order to get involved, [br]what needed to happen 0:04:52.318,0:04:55.141 is a second jirga needed to be called, 0:04:55.141,0:04:57.250 a jirga of appeals. 0:04:57.250,0:04:59.501 And so in order for that to happen, 0:04:59.501,0:05:02.206 we needed to get the village elders together, 0:05:02.206,0:05:04.467 we needed to get the tribal leaders together, 0:05:04.467,0:05:06.056 the religious leaders. 0:05:06.056,0:05:07.630 Naghma's father needed to agree, 0:05:07.630,0:05:08.881 the neighbor needed to agree, 0:05:08.881,0:05:11.085 and also his son needed to agree. 0:05:11.085,0:05:15.110 And I thought, if I'm going to [br]get involved in this thing, 0:05:15.110,0:05:18.765 then they also need to agree [br]that I preside over it. 0:05:18.765,0:05:21.735 So, after hours of talking 0:05:21.735,0:05:22.943 and tracking them down, 0:05:22.943,0:05:25.806 and about 30 cups of tea, 0:05:25.806,0:05:27.718 they finally agreed that we could sit down 0:05:27.718,0:05:31.050 for a second jirga, and we did. 0:05:31.050,0:05:33.134 And what was different about the second jirga 0:05:33.134,0:05:35.709 is this time, we put the law at the center of it, 0:05:35.709,0:05:37.053 and it was very important for me 0:05:37.053,0:05:38.811 that they all understood that Naghma 0:05:38.811,0:05:41.150 had a right to be protected. 0:05:41.150,0:05:42.696 And at the end of this jirga, 0:05:42.696,0:05:44.989 it was ordered by the judge 0:05:44.989,0:05:48.825 that the first decision was erased, 0:05:48.825,0:05:52.257 and that the $2,500 debt was satisfied, 0:05:52.257,0:05:54.090 and we all signed a written order 0:05:54.090,0:05:55.481 where all the men acknowledged 0:05:55.481,0:05:57.601 that what they did was illegal, 0:05:57.601,0:06:02.399 and if they did it again, that [br]they would go to prison. 0:06:02.399,0:06:04.168 Most — 0:06:04.168,0:06:05.636 (Applause) 0:06:05.636,0:06:07.483 Thanks. 0:06:07.483,0:06:09.299 And most importantly, 0:06:09.299,0:06:10.800 the engagement was terminated 0:06:10.800,0:06:12.809 and Naghma was free. 0:06:12.809,0:06:15.666 Protecting Naghma and her right to be free 0:06:15.666,0:06:18.300 protects us. 0:06:18.300,0:06:21.762 Now, with my job, there's above-average 0:06:21.762,0:06:24.505 amount of risks that are involved. 0:06:24.505,0:06:27.212 I've been temporarily detained. 0:06:27.212,0:06:29.805 I've been accused of running a brothel, 0:06:29.805,0:06:32.110 accused of being a spy. 0:06:32.110,0:06:34.238 I've had a grenade thrown at my office. 0:06:34.238,0:06:36.937 It didn't go off, though. 0:06:36.937,0:06:38.537 But I find that with my job, 0:06:38.537,0:06:41.503 that the rewards far outweigh the risks, 0:06:41.503,0:06:43.877 and as many risks as I take, 0:06:43.877,0:06:45.846 my clients take far greater risks, 0:06:45.846,0:06:47.349 because they have a lot more to lose 0:06:47.349,0:06:48.839 if their cases go unheard, 0:06:48.839,0:06:51.962 or worse, if they're penalized[br]for having me as their lawyer. 0:06:51.962,0:06:53.736 With every case that I take, 0:06:53.736,0:06:56.656 I realize that as much as[br]I'm standing behind my clients, 0:06:56.656,0:06:58.669 that they're also standing behind me, 0:06:58.669,0:07:02.462 and that's what keeps me going. 0:07:02.462,0:07:04.359 Law as a point of leverage 0:07:04.359,0:07:06.881 is crucial in protecting all of us. 0:07:06.881,0:07:09.517 Journalists are very vital in making sure 0:07:09.517,0:07:12.791 that that information is given to the public. 0:07:12.791,0:07:15.277 Too often, we receive information from journalists 0:07:15.277,0:07:18.921 but we forget how that information was given. 0:07:18.921,0:07:21.507 This picture is a picture of the 0:07:21.507,0:07:23.500 British press corps in Afghanistan. 0:07:23.500,0:07:26.649 It was taken a couple of years[br]ago by my friend David Gill. 0:07:26.649,0:07:28.517 According to the Committee to Protect Journalists, 0:07:28.517,0:07:31.363 since 2010, there have been [br]thousands of journalists 0:07:31.363,0:07:33.241 who have been threatened, injured, 0:07:33.241,0:07:35.873 killed, detained. 0:07:35.873,0:07:38.112 Too often, when we get this information, 0:07:38.112,0:07:39.336 we forget who it affects 0:07:39.336,0:07:42.634 or how that information is given to us. 0:07:42.634,0:07:45.244 What many journalists do, [br]both foreign and domestic, 0:07:45.244,0:07:49.315 is very remarkable, especially[br]in places like Afghanistan, 0:07:49.315,0:07:50.887 and it's important that we never forget that, 0:07:50.887,0:07:52.243 because what they're protecting 0:07:52.243,0:07:54.525 is not only our right to receive that information 0:07:54.525,0:07:56.582 but also the freedom of the press, which is vital 0:07:56.582,0:07:59.458 to a democratic society. 0:07:59.458,0:08:03.343 Matt Rosenberg is a journalist in Afghanistan. 0:08:03.343,0:08:05.233 He works for The New York Times, 0:08:05.233,0:08:06.850 and unfortunately, a few months ago 0:08:06.850,0:08:08.990 he wrote an article that displeased 0:08:08.990,0:08:10.296 people in the government. 0:08:10.296,0:08:13.546 As a result, he was temporarily detained 0:08:13.546,0:08:17.859 and he was illegally exiled out of the country. 0:08:17.859,0:08:19.911 I represent Matt, 0:08:19.911,0:08:22.039 and after dealing with the government, 0:08:22.039,0:08:23.719 I was able to get legal acknowledgment 0:08:23.719,0:08:26.780 that in fact he was illegally exiled, 0:08:26.780,0:08:29.840 and that freedom of the[br]press does exist in Afghanistan, 0:08:29.840,0:08:32.372 and there's consequences if that's not followed. 0:08:32.372,0:08:34.118 And I'm happy to say that 0:08:34.118,0:08:36.206 as of a few days ago, 0:08:36.206,0:08:37.532 the Afghan government 0:08:37.532,0:08:39.744 formally invited him back into the country 0:08:39.744,0:08:43.377 and they reversed their exile order of him. 0:08:43.377,0:08:47.016 (Applause) 0:08:48.049,0:08:51.252 If you censor one journalist, [br]then it intimidates others, 0:08:51.252,0:08:53.224 and soon nations are silenced. 0:08:53.224,0:08:55.942 It's important that we protect our journalists 0:08:55.942,0:08:57.719 and freedom of the press, 0:08:57.719,0:08:59.778 because that makes governments[br]more accountable to us 0:08:59.778,0:09:01.763 and more transparent. 0:09:01.763,0:09:03.670 Protecting journalists and our right 0:09:03.670,0:09:07.844 to receive information protects us. 0:09:07.844,0:09:10.860 Our world is changing. We live[br]in a different world now, 0:09:10.860,0:09:13.243 and what were once individual problems 0:09:13.243,0:09:16.061 are really now global problems for all of us. 0:09:16.061,0:09:19.700 Two weeks ago, Afghanistan had its first 0:09:19.700,0:09:21.691 democratic transfer of power 0:09:21.691,0:09:24.943 and elected president Ashraf Ghani, which is huge, 0:09:24.943,0:09:27.440 and I'm very optimistic about him, 0:09:27.440,0:09:29.419 and I'm hopeful that he'll give Afghanistan 0:09:29.419,0:09:30.690 the changes that it needs, 0:09:30.690,0:09:33.187 especially within the legal sector. 0:09:33.187,0:09:35.090 We live in a different world. 0:09:35.090,0:09:37.439 We live in a world where my [br]eight-year-old daughter 0:09:37.439,0:09:40.153 only knows a black president. 0:09:40.153,0:09:42.861 There's a great possibility that our next president 0:09:42.861,0:09:44.197 will be a woman, 0:09:44.197,0:09:47.100 and as she gets older, she may question, 0:09:47.100,0:09:48.845 can a white guy be president? 0:09:48.845,0:09:50.619 (Laughter) 0:09:50.619,0:09:53.730 (Applause) 0:09:53.730,0:09:56.910 Our world is changing, and [br]we need to change with it, 0:09:56.910,0:09:58.542 and what were once individual problems 0:09:58.542,0:10:01.390 are problems for all of us. 0:10:01.390,0:10:03.468 According to UNICEF, 0:10:03.468,0:10:09.509 there are currently over 280 million 0:10:09.509,0:10:11.394 boys and girls who are married 0:10:11.394,0:10:13.176 under the age of 15. 0:10:13.176,0:10:15.219 Two hundred and eighty million. 0:10:15.219,0:10:17.761 Child marriages prolong the vicious cycle 0:10:17.761,0:10:22.181 of poverty, poor health, lack of education. 0:10:22.181,0:10:26.868 At the age of 12, Sahar was married. 0:10:26.868,0:10:28.717 She was forced into this marriage 0:10:28.717,0:10:30.417 and sold by her brother. 0:10:30.417,0:10:32.485 When she went to her in-laws' house, 0:10:32.485,0:10:35.173 they forced her into prostitution. 0:10:35.173,0:10:38.986 Because she refused, she was tortured. 0:10:38.986,0:10:43.011 She was severely beaten with metal rods. 0:10:43.011,0:10:45.803 They burned her body. 0:10:45.803,0:10:49.293 They tied her up in a basement and starved her. 0:10:49.293,0:10:53.503 They used pliers to take out her fingernails. 0:10:53.503,0:10:55.332 At one point, 0:10:55.332,0:10:58.537 she managed to escape from this torture chamber 0:10:58.537,0:11:00.910 to a neighbor's house, 0:11:00.910,0:11:04.206 and when she went there, instead of protecting her, 0:11:04.206,0:11:06.221 they dragged her back 0:11:06.221,0:11:07.857 to her husband's house, 0:11:07.857,0:11:11.638 and she was tortured even worse. 0:11:13.864,0:11:16.975 When I met first Sahar, thankfully, 0:11:16.975,0:11:18.206 Women for Afghan Women 0:11:18.206,0:11:21.534 gave her a safe haven to go to. 0:11:21.534,0:11:24.720 As a lawyer, I try to be very strong 0:11:24.720,0:11:26.379 for all my clients, 0:11:26.379,0:11:30.193 because that's very important to me, 0:11:30.193,0:11:33.122 but seeing her, 0:11:33.122,0:11:37.024 how broken and very weak as she was, 0:11:37.024,0:11:40.321 was very difficult. 0:11:40.321,0:11:43.808 It took weeks for us to really get to 0:11:43.808,0:11:47.164 what happened to her 0:11:47.164,0:11:49.120 when she was in that house, 0:11:49.120,0:11:51.760 but finally she started opening up to me, 0:11:51.760,0:11:54.080 and when she opened up, 0:11:54.080,0:11:55.552 what I heard was 0:11:55.552,0:11:58.152 she didn't know what her rights were, 0:11:58.152,0:12:00.355 but she did know she had [br]a certain level of protection 0:12:00.355,0:12:02.982 by her government that failed her, 0:12:02.982,0:12:04.584 and so we were able to talk about 0:12:04.584,0:12:07.126 what her legal options were. 0:12:07.126,0:12:09.134 And so we decided to take this case 0:12:09.134,0:12:10.890 to the Supreme Court. 0:12:10.890,0:12:12.760 Now, this is extremely significant, 0:12:12.760,0:12:14.673 because this is the first time 0:12:14.673,0:12:17.509 that a victim of domestic violence in Afghanistan 0:12:17.509,0:12:20.302 was being represented by a lawyer, 0:12:20.302,0:12:23.037 a law that's been on the [br]books for years and years, 0:12:23.037,0:12:26.443 but until Sahar, had never been used. 0:12:26.443,0:12:28.655 In addition to this, we also decided 0:12:28.655,0:12:30.378 to sue for civil damages, 0:12:30.378,0:12:33.325 again using a law that's never been used, 0:12:33.325,0:12:36.353 but we used it for her case. 0:12:36.353,0:12:38.615 So there we were at the Supreme Court 0:12:38.615,0:12:41.857 arguing in front of 12 Afghan justices, 0:12:41.857,0:12:44.493 me as an American female lawyer, 0:12:44.493,0:12:47.980 and Sahar, a young woman 0:12:47.980,0:12:53.163 who when I met her couldn't [br]speak above a whisper. 0:12:53.163,0:12:54.834 She stood up, 0:12:54.834,0:12:57.120 she found her voice, 0:12:57.120,0:12:59.917 and my girl told them that she wanted justice, 0:12:59.917,0:13:02.556 and she got it. 0:13:02.556,0:13:05.385 At the end of it all, the court unanimously agreed 0:13:05.385,0:13:09.568 that her in-laws should be[br]arrested for what they did to her, 0:13:09.568,0:13:12.177 her fucking brother should also be arrested 0:13:12.177,0:13:14.123 for selling her — 0:13:14.123,0:13:18.543 (Applause) — 0:13:18.543,0:13:20.546 and they agreed that she did have a right 0:13:20.546,0:13:22.964 to civil compensation. 0:13:22.964,0:13:25.743 What Sahar has shown us is that we can attack 0:13:25.743,0:13:28.521 existing bad practices by using the laws 0:13:28.521,0:13:31.459 in the ways that they're intended to be used, 0:13:31.459,0:13:33.940 and by protecting Sahar, 0:13:33.940,0:13:37.520 we are protecting ourselves. 0:13:37.520,0:13:39.152 After having worked in Afghanistan 0:13:39.152,0:13:41.150 for over six years now, 0:13:41.150,0:13:43.201 a lot of my family and friends think 0:13:43.201,0:13:45.993 that what I do looks like this. 0:13:45.993,0:13:48.499 (Laughter) 0:13:48.499,0:13:53.137 But in all actuality, what I do looks like this. 0:13:53.137,0:13:55.010 Now, we can all do something. 0:13:55.010,0:13:57.790 I'm not saying we should all buy a[br]plane ticket and go to Afghanistan, 0:13:57.790,0:14:00.812 but we can all be contributors 0:14:00.812,0:14:02.871 to a global human rights economy. 0:14:02.871,0:14:05.139 We can create a culture of transparency 0:14:05.139,0:14:06.463 and accountability to the laws, 0:14:06.463,0:14:08.874 and make governments more accountable to us, 0:14:08.874,0:14:11.897 as we are to them. 0:14:11.897,0:14:13.889 A few months ago, a South African lawyer 0:14:13.889,0:14:15.644 visited me in my office 0:14:15.644,0:14:17.569 and he said, "I wanted to meet you. 0:14:17.569,0:14:21.563 I wanted to see what a crazy person looked like." 0:14:21.563,0:14:23.542 The laws are ours, 0:14:23.542,0:14:25.575 and no matter what your ethnicity, 0:14:25.575,0:14:28.466 nationality, gender, race, 0:14:28.466,0:14:30.585 they belong to us, 0:14:30.585,0:14:35.374 and fighting for justice is not an act of insanity. 0:14:35.374,0:14:37.615 Businesses also need to get with the program. 0:14:37.615,0:14:39.336 A corporate investment in human rights 0:14:39.336,0:14:41.214 is a capital gain on your businesses, 0:14:41.214,0:14:43.340 and whether you're a business, an NGO, 0:14:43.340,0:14:47.435 or a private citizen, rule [br]of law benefits all of us. 0:14:47.435,0:14:49.750 And by working together with a concerted mindset, 0:14:49.750,0:14:53.206 through the people, public and private sector, 0:14:53.206,0:14:55.503 we can create a global human rights economy 0:14:55.503,0:14:59.036 and all become global investors in human rights. 0:14:59.036,0:15:00.820 And by doing this, 0:15:00.820,0:15:03.480 we can achieve justness together. 0:15:03.480,0:15:05.573 Thank you. 0:15:05.573,0:15:09.573 (Applause)