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How to put the power of law in people's hands

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    I want to tell you about someone.
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    I'm going to call him Ravi Nanda.
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    I'm changing his name
    to protect his safety.
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    Ravi's from a community
    of herdspeople in Gujarat
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    on the western coast of India,
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    same place my own family comes from.
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    When he was 10 years old,
    his entire community was forced to move
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    because a multinational corporation
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    constructed a manufacturing facility
    on the land where they lived.
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    Then, 20 years later,
    the same company built a cement factory
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    100 meters from where they live now.
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    India has got strong
    environmental regulations on paper,
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    but this company
    has violated many of them.
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    Dust from that factory
    covers Ravi's mustache
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    and everything he wears.
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    I spent just two days in his place,
    and I coughed for a week.
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    Ravi says that if people or animals
    eat anything that grows in his village
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    or drink the water,
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    they get sick.
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    He says children now walk
    long distances with cattle and buffalo
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    to find uncontaminated grazing land.
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    He says many of those kids
    have dropped out of school,
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    including three of his own.
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    Ravi has appealed
    to the company for years.
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    He said, "I've written so many letters
    my family could cremate me with them.
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    They wouldn't need to buy any wood."
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    (Laughter)
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    He said the company ignored
    every one of those letters,
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    and so in 2013,
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    Ravi Nanda decided to use
    the last means of protest
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    he thought he had left.
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    He walked to the gates of that factory
    with a bucket of petrol in his hands,
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    intending to set himself on fire.
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    Ravi is not alone in his desperation.
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    The UN estimates that worldwide,
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    four billion people live
    without basic access to justice.
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    These people face grave threats
    to their safety, their livelihoods,
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    their dignity.
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    There are almost always laws on the books
    that would protect these people,
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    but they've often
    never heard of those laws,
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    and the systems that are supposed
    to enforce those laws
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    are corrupt or broken or both.
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    We are living with a global
    epidemic of injustice,
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    but we've been choosing to ignore it.
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    Right now, in Sierra Leone,
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    in Cambodia, in Ethiopia,
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    farmers are being cajoled
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    into putting their thumbprints
    on 50-year lease agreements,
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    signing away all the land
    they've ever known for a pittance
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    without anybody even explaining the terms.
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    Governments seem to think that's OK.
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    Right now, in the United States,
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    in India, in Slovenia,
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    people like Ravi
    are raising their children
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    in the shadow of factories or mines
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    that are poisoning
    their air and their water.
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    There are environmental laws
    that would protect these people,
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    but many have never seen those laws,
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    let alone having a shot at enforcing them.
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    And the world seems
    to have decided that's OK.
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    What would it take to change that?
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    Law is supposed to be the language we use
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    to translate our dreams about justice
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    into living institutions
    that hold us together.
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    Law is supposed to be the difference
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    between a society
    ruled by the most powerful
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    and one that honors
    the dignity of everyone,
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    strong or weak.
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    That's why I told
    my grandmother 20 years ago
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    that I wanted to go to law school.
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    Grandma didn't pause.
    She didn't skip a beat.
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    She said to me, "Lawyer is liar."
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    (Laughter)
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    That was discouraging.
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    (Laughter)
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    But grandma's right, in a way.
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    Something about law
    and lawyers has gone wrong.
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    We lawyers are usually
    expensive, first of all,
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    and we tend to focus
    on formal court channels
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    that are impractical
    for many of the problems people face.
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    Worse, our profession has shrouded law
    in a cloak of complexity.
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    Law is like riot gear on a police officer.
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    It's intimidating and impenetrable,
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    and it's hard to tell
    there's something human underneath.
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    If we're going to make justice
    a reality for everyone,
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    we need to turn law
    from an abstraction or a threat
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    into something that every single person
    can understand, use and shape.
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    Lawyers are crucial
    in that fight, no doubt,
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    but we can't leave it to lawyers alone.
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    In health care, for example,
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    we don't just rely
    on doctors to serve patients.
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    We have nurses and midwives
    and community health workers.
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    The same should be true of justice.
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    Community legal workers,
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    sometimes we call them
    community paralegals,
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    or barefoot lawyers,
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    can be a bridge.
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    These paralegals are from
    the communities they serve.
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    They demystify law,
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    break it down into simple terms,
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    and then they help people
    look for a solution.
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    They don't focus on the courts alone.
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    They look everywhere:
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    ministry departments,
    local government, an ombudsman's office.
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    Lawyers sometimes say to their clients,
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    "I'll handle it for you. I've got you."
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    Paralegals have a different message,
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    not "I'm going to solve it for you,"
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    but "We're going to solve it together,
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    and in the process,
    we're both going to grow."
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    Community paralegals
    saved my own relationship to law.
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    After about a year in law school,
    I almost dropped out.
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    I was thinking maybe I should
    have listened to my grandmother.
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    It was when I started
    working with paralegals
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    in Sierra Leone, in 2003,
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    that I began feeling hopeful
    about the law again,
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    and I have been obsessed ever since.
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    Let me come back to Ravi.
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    2013, he did reach
    the gates of that factory
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    with the bucket of petrol in his hands,
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    but he was arrested
    before he could follow through.
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    He didn't have to spend long in jail,
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    but he felt completely defeated.
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    Then, two years later, he met someone.
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    I'm going to call him Kush.
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    Kush is part of a team
    of community paralegals
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    that works for environmental justice
    on the Gujarat coast.
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    Kush explained to Ravi
    that there was law on his side.
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    Kush translated into Gujarati
    something Ravi had never seen.
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    It's called the "consent to operate."
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    It's issued by the state government,
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    and it allows the factory to run
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    only if it complies
    with specific conditions.
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    So together, they compared
    the legal requirements with reality,
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    they collected evidence,
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    and they drafted an application --
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    not to the courts,
    but to two administrative institutions,
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    the Pollution Control Board
    and the district administration.
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    Those applications started turning
    the creaky wheels of enforcement.
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    A pollution officer
    came for a site inspection,
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    and after that, the company
    started running an air filtration system
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    it was supposed to have
    been using all along.
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    It also started covering the 100 trucks
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    that come and go
    from that plant every day.
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    Those two measures
    reduced the air pollution considerably.
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    The case is far from over,
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    but learning and using law gave Ravi hope.
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    There are people like Kush
    walking alongside people like Ravi
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    in many places.
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    Today, I work with a group called Namati.
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    Namati helps convene a global network
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    dedicated to legal empowerment.
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    All together, we are over
    a thousand organizations
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    in 120 countries.
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    Collectively, we deploy
    tens of thousands of community paralegals.
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    Let me give you another example.
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    This is Khadija Hamsa.
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    She is one of five million people in Kenya
    who faces a discriminatory vetting process
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    when trying to obtain a national ID card.
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    It is like the Jim Crow South
    in the United States.
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    If you are from a certain set of tribes,
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    most of them Muslim,
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    you get sent to a different line.
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    Without an ID, you can't apply for a job.
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    You can't get a bank loan.
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    You can't enroll in university.
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    You are excluded from society.
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    Khadija tried off and on to get an ID
    for eight years, without success.
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    Then she met a paralegal
    working in her community
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    named Hassan Kassim.
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    Hassan explained to Khadija
    how vetting works,
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    he helped her gather
    the documents she needed,
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    helped prep her to go before
    the vetting committee.
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    Finally, she was able to get an ID
    with Hassan's help.
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    First thing she did with it
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    was use it to apply
    for birth certificates for her children,
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    which they need in order to go to school.
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    In the United States,
    among many other problems,
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    we have a housing crisis.
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    In many cities,
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    90 percent of the landlords
    in housing court have attorneys,
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    while 90 percent of the tenants do not.
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    In New York, a new crew of paralegals --
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    they're called
    Access to Justice Navigators --
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    helps people to understand housing law
    and to advocate for themselves.
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    Normally in New York,
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    one out of nine tenants
    brought to housing court
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    gets evicted.
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    Researchers took a look at 150 cases
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    in which people had help
    from these paralegals,
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    and they found no evictions at all,
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    not one.
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    A little bit of legal empowerment
    can go a long way.
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    I see the beginnings of a real movement,
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    but we're nowhere near what's necessary.
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    Not yet.
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    In most countries around the world,
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    governments do not provide
    a single dollar of support
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    to paralegals like Hassan and Kush.
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    Most governments don't even recognize
    the role paralegals play,
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    or protect paralegals from harm.
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    I also don't want
    to give you the impression
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    that paralegals and their clients
    win every time.
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    Not at all.
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    That cement factory behind Ravi's village,
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    it's been turning off
    the filtration system at night,
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    when it's least likely
    that the company would get caught.
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    Running that filter costs money.
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    Ravi WhatsApps photos
    of the polluted night sky.
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    This is one he sent to Kush in May.
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    Ravi says the air is still unbreathable.
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    At one point this year,
    Ravi went on hunger strike.
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    Kush was frustrated.
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    He said, "We can win if we use the law."
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    Ravi said, "I believe in the law, I do,
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    but it's not getting us far enough."
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    Whether it's India, Kenya,
    the United States or anywhere else,
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    trying to squeeze justice
    out of broken systems
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    is like Ravi's case.
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    Hope and despair are neck and neck.
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    And so not only do we urgently need
    to support and protect
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    the work of barefoot lawyers
    around the world,
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    we need to change the systems themselves.
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    Every case a paralegal takes on
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    is a story about how a system
    is working in practice.
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    When you put those stories together,
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    it gives you a detailed portrait
    of the system as a whole.
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    People can use that information
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    to demand improvements
    to laws and policies.
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    In India, paralegals and clients
    have drawn on their case experience
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    to propose smarter regulations
    for the handling of minerals.
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    In Kenya, paralegals and clients
    are using data from thousands of cases
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    to argue that vetting is unconstitutional.
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    This is a different way
    of approaching reform.
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    This is not a consultant
    flying into Myanmar
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    with a template he's going
    to cut and paste from Macedonia,
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    and this is not an angry tweet.
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    This is about growing reforms
    from the experience of ordinary people
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    trying to make the rules and systems work.
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    This transformation in the relationship
    between people and law
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    is the right thing to do.
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    It's also essential for overcoming
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    all of the other
    great challenges of our times.
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    We are not going to avert
    environmental collapse
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    if the people most affected by pollution
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    don't have a say in what happens
    to the land and the water,
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    and we won't succeed in reducing poverty
    or expanding opportunity
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    if poor people can't exercise
    their basic rights.
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    And I believe we won't overcome
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    the despair that authoritarian
    politicians prey upon
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    if our systems stay rigged.
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    I called Ravi before coming here
    to ask permission to share his story.
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    I asked if there was any message
    he wanted to give people.
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    He said, "[Gujarati]."
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    Wake up.
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    "[Gujarati]."
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    Don't be afraid.
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    "[Gujarati]."
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    Fight with paper.
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    By that I think he means
    fight using law rather than guns.
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    "[Gujarati]."
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    Maybe not today, maybe not this year,
    maybe not in five years,
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    but find justice.
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    If this guy, whose entire community
    is being poisoned every single day,
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    who was ready to take his own life --
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    if he's not giving up on seeking justice,
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    then the world can't give up either.
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    Ultimately, what Ravi calls
    "fighting with paper"
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    is about forging a deeper
    version of democracy
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    in which we the people,
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    we don't just cast ballots
    every few years,
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    we take part daily in the rules
    and institutions that hold us together,
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    in which everyone,
    even the least powerful,
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    can know law, use law and shape law.
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    Making that happen, winning that fight,
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    requires all of us.
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    Thank you guys. Thank you.
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    (Applause)
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    Kelo Kubu: Thanks, Vivek.
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    So I'm going to make a few assumptions
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    that people in this room know
    what the Sustainable Development Goals are
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    and how the process works,
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    but I want us to talk a little bit
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    about Goal 16: Peace, justice
    and strong institutions.
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    Vivek Maru: Yeah. Anybody remember
    the Millennium Development Goals?
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    They were adopted in 2000 by the UN
    and governments around the world,
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    and they were for essential,
    laudable things.
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    It was reduce child mortality
    by two thirds, cut hunger in half,
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    crucial things.
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    But there was no mention
    of justice or fairness
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    or accountability or corruption,
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    and we have made progress
    during the 15 years
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    when those goals were in effect,
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    but we are way behind
    what justice demands,
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    and we're not going to get there
    unless we take justice into account.
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    And so when the debate started
    about the next development framework,
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    the 2030 Sustainable Development Goals,
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    our community came together
    around the world
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    to argue that access to justice
    and legal empowerment
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    should be a part of that new framework.
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    And there was a lot of resistance.
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    Those things are more political,
    more contentious than the other ones,
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    so we didn't know until the night before
    whether it was going to come through.
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    We squeaked by.
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    The 16th out of 17 goals
    commits to access to justice for all,
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    which is a big deal.
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    It's a big deal, yes.
    Let's clap for justice.
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    (Applause)
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    Here's the scandal, though.
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    The day the goals were adopted,
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    most of them were accompanied
    by big commitments:
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    a billion dollars
    from the Gates Foundation
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    and the British government for nutrition;
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    25 billion in public-private financing
    for health care for women and children.
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    On access to justice,
    we had the words on the paper,
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    but nobody pledged a penny,
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    and so that is the opportunity
    and the challenge that we face right now.
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    The world recognizes more than ever before
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    that you can't have
    development without justice,
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    that people can't improve their lives
    if they can't exercise their rights,
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    and what we need to do now
    is turn that rhetoric,
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    turn that principle, into reality.
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    (Applause)
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    KK: How can we help?
    What can people in this room do?
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    VM: Great question. Thank you for asking.
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    I would say three things.
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    One is invest.
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    If you have 10 dollars,
    or a hundred dollars, a million dollars,
  • 18:18 - 18:21
    consider putting some of it
    towards grassroots legal empowerment.
  • 18:22 - 18:23
    It's important in its own right
  • 18:23 - 18:26
    and it's crucial for just about
    everything else we care about.
  • 18:26 - 18:28
    Number two,
  • 18:28 - 18:33
    push your politicians and your governments
    to make this a public priority.
  • 18:34 - 18:36
    Just like health or education,
    access to justice
  • 18:36 - 18:40
    should be one of the things
    that a government owes its people,
  • 18:40 - 18:42
    and we're nowhere close to that,
  • 18:42 - 18:44
    neither in rich countries
    or poor countries.
  • 18:44 - 18:48
    Number three is:
    be a paralegal in your own life.
  • 18:49 - 18:51
    Find an injustice
    or a problem where you live.
  • 18:51 - 18:53
    It's not hard to find, if you look.
  • 18:53 - 18:55
    Is the river being contaminated,
  • 18:55 - 18:57
    the one that passes through
    the city where you live?
  • 18:57 - 19:00
    Are there workers getting paid
    less than minimum wage
  • 19:00 - 19:02
    or who are working without safety gear?
  • 19:02 - 19:04
    Get to know the people most affected,
  • 19:04 - 19:06
    find out what the rules say,
  • 19:06 - 19:09
    see if you can use those rules
    to get a solution.
  • 19:10 - 19:13
    If it doesn't work, see if you can
    come together to improve those rules.
  • 19:13 - 19:19
    Because if we all start knowing law,
    using law and shaping law,
  • 19:20 - 19:23
    then we will be building
    that deeper version of democracy
  • 19:23 - 19:25
    that I believe our world
    desperately needs.
  • 19:27 - 19:28
    (Applause)
  • 19:28 - 19:30
    KK: Thanks so much, Vivek.
    VM: Thank you.
Title:
How to put the power of law in people's hands
Speaker:
Vivek Maru
Description:

What can you do when the wheels of justice don't turn fast enough? Or when they don't turn at all? Vivek Maru is working to transform the relationship between people and law, turning law from an abstraction or threat into something that everyone can understand, use and shape. Instead of relying solely on lawyers, Maru started a global network of community paralegals, or barefoot lawyers, who serve in their own communities and break the law down into simple terms to help people find solutions. Learn more about how this innovative approach to using the law is helping socially excluded people claim their rights. "A little bit of legal empowerment can go a long way," Maru says.

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Video Language:
English
Team:
closed TED
Project:
TEDTalks
Duration:
19:43

English subtitles

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