How to put the power of law in people's hands
-
0:01 - 0:02I want to tell you about someone.
-
0:03 - 0:05I'm going to call him Ravi Nanda.
-
0:05 - 0:08I'm changing his name
to protect his safety. -
0:09 - 0:12Ravi's from a community
of herdspeople in Gujarat -
0:12 - 0:15on the western coast of India,
-
0:15 - 0:16same place my own family comes from.
-
0:18 - 0:23When he was 10 years old,
his entire community was forced to move -
0:23 - 0:26because a multinational corporation
-
0:26 - 0:29constructed a manufacturing facility
on the land where they lived. -
0:30 - 0:36Then, 20 years later,
the same company built a cement factory -
0:36 - 0:39100 meters from where they live now.
-
0:40 - 0:44India has got strong
environmental regulations on paper, -
0:44 - 0:47but this company
has violated many of them. -
0:48 - 0:51Dust from that factory
covers Ravi's mustache -
0:51 - 0:52and everything he wears.
-
0:53 - 0:57I spent just two days in his place,
and I coughed for a week. -
0:58 - 1:03Ravi says that if people or animals
eat anything that grows in his village -
1:03 - 1:05or drink the water,
-
1:05 - 1:06they get sick.
-
1:08 - 1:12He says children now walk
long distances with cattle and buffalo -
1:12 - 1:15to find uncontaminated grazing land.
-
1:16 - 1:20He says many of those kids
have dropped out of school, -
1:20 - 1:21including three of his own.
-
1:23 - 1:26Ravi has appealed
to the company for years. -
1:27 - 1:31He said, "I've written so many letters
my family could cremate me with them. -
1:31 - 1:33They wouldn't need to buy any wood."
-
1:33 - 1:34(Laughter)
-
1:35 - 1:40He said the company ignored
every one of those letters, -
1:40 - 1:42and so in 2013,
-
1:42 - 1:46Ravi Nanda decided to use
the last means of protest -
1:46 - 1:47he thought he had left.
-
1:48 - 1:54He walked to the gates of that factory
with a bucket of petrol in his hands, -
1:54 - 1:56intending to set himself on fire.
-
1:59 - 2:02Ravi is not alone in his desperation.
-
2:03 - 2:05The UN estimates that worldwide,
-
2:05 - 2:10four billion people live
without basic access to justice. -
2:11 - 2:15These people face grave threats
to their safety, their livelihoods, -
2:15 - 2:17their dignity.
-
2:17 - 2:22There are almost always laws on the books
that would protect these people, -
2:22 - 2:25but they've often
never heard of those laws, -
2:25 - 2:28and the systems that are supposed
to enforce those laws -
2:28 - 2:32are corrupt or broken or both.
-
2:33 - 2:39We are living with a global
epidemic of injustice, -
2:39 - 2:41but we've been choosing to ignore it.
-
2:43 - 2:46Right now, in Sierra Leone,
-
2:46 - 2:48in Cambodia, in Ethiopia,
-
2:48 - 2:50farmers are being cajoled
-
2:50 - 2:55into putting their thumbprints
on 50-year lease agreements, -
2:55 - 2:59signing away all the land
they've ever known for a pittance -
2:59 - 3:01without anybody even explaining the terms.
-
3:03 - 3:05Governments seem to think that's OK.
-
3:06 - 3:09Right now, in the United States,
-
3:09 - 3:12in India, in Slovenia,
-
3:12 - 3:15people like Ravi
are raising their children -
3:15 - 3:18in the shadow of factories or mines
-
3:18 - 3:20that are poisoning
their air and their water. -
3:21 - 3:24There are environmental laws
that would protect these people, -
3:24 - 3:26but many have never seen those laws,
-
3:26 - 3:28let alone having a shot at enforcing them.
-
3:29 - 3:32And the world seems
to have decided that's OK. -
3:33 - 3:35What would it take to change that?
-
3:36 - 3:41Law is supposed to be the language we use
-
3:41 - 3:44to translate our dreams about justice
-
3:44 - 3:47into living institutions
that hold us together. -
3:48 - 3:50Law is supposed to be the difference
-
3:50 - 3:53between a society
ruled by the most powerful -
3:53 - 3:55and one that honors
the dignity of everyone, -
3:55 - 3:57strong or weak.
-
3:57 - 4:00That's why I told
my grandmother 20 years ago -
4:00 - 4:02that I wanted to go to law school.
-
4:02 - 4:05Grandma didn't pause.
She didn't skip a beat. -
4:05 - 4:08She said to me, "Lawyer is liar."
-
4:09 - 4:12(Laughter)
-
4:12 - 4:14That was discouraging.
-
4:14 - 4:17(Laughter)
-
4:17 - 4:19But grandma's right, in a way.
-
4:19 - 4:22Something about law
and lawyers has gone wrong. -
4:23 - 4:27We lawyers are usually
expensive, first of all, -
4:27 - 4:30and we tend to focus
on formal court channels -
4:30 - 4:34that are impractical
for many of the problems people face. -
4:34 - 4:40Worse, our profession has shrouded law
in a cloak of complexity. -
4:41 - 4:43Law is like riot gear on a police officer.
-
4:44 - 4:47It's intimidating and impenetrable,
-
4:47 - 4:50and it's hard to tell
there's something human underneath. -
4:51 - 4:55If we're going to make justice
a reality for everyone, -
4:55 - 4:59we need to turn law
from an abstraction or a threat -
4:59 - 5:05into something that every single person
can understand, use and shape. -
5:06 - 5:10Lawyers are crucial
in that fight, no doubt, -
5:10 - 5:12but we can't leave it to lawyers alone.
-
5:13 - 5:15In health care, for example,
-
5:15 - 5:19we don't just rely
on doctors to serve patients. -
5:19 - 5:23We have nurses and midwives
and community health workers. -
5:24 - 5:27The same should be true of justice.
-
5:28 - 5:30Community legal workers,
-
5:30 - 5:32sometimes we call them
community paralegals, -
5:32 - 5:34or barefoot lawyers,
-
5:34 - 5:36can be a bridge.
-
5:36 - 5:39These paralegals are from
the communities they serve. -
5:40 - 5:41They demystify law,
-
5:41 - 5:44break it down into simple terms,
-
5:44 - 5:46and then they help people
look for a solution. -
5:47 - 5:49They don't focus on the courts alone.
-
5:49 - 5:51They look everywhere:
-
5:51 - 5:55ministry departments,
local government, an ombudsman's office. -
5:56 - 5:59Lawyers sometimes say to their clients,
-
5:59 - 6:00"I'll handle it for you. I've got you."
-
6:01 - 6:03Paralegals have a different message,
-
6:03 - 6:06not "I'm going to solve it for you,"
-
6:06 - 6:08but "We're going to solve it together,
-
6:08 - 6:11and in the process,
we're both going to grow." -
6:12 - 6:16Community paralegals
saved my own relationship to law. -
6:16 - 6:19After about a year in law school,
I almost dropped out. -
6:19 - 6:22I was thinking maybe I should
have listened to my grandmother. -
6:22 - 6:25It was when I started
working with paralegals -
6:25 - 6:28in Sierra Leone, in 2003,
-
6:28 - 6:31that I began feeling hopeful
about the law again, -
6:31 - 6:34and I have been obsessed ever since.
-
6:35 - 6:37Let me come back to Ravi.
-
6:38 - 6:422013, he did reach
the gates of that factory -
6:42 - 6:45with the bucket of petrol in his hands,
-
6:45 - 6:48but he was arrested
before he could follow through. -
6:49 - 6:50He didn't have to spend long in jail,
-
6:50 - 6:53but he felt completely defeated.
-
6:54 - 6:57Then, two years later, he met someone.
-
6:57 - 6:59I'm going to call him Kush.
-
6:59 - 7:02Kush is part of a team
of community paralegals -
7:02 - 7:05that works for environmental justice
on the Gujarat coast. -
7:06 - 7:10Kush explained to Ravi
that there was law on his side. -
7:11 - 7:14Kush translated into Gujarati
something Ravi had never seen. -
7:14 - 7:16It's called the "consent to operate."
-
7:17 - 7:18It's issued by the state government,
-
7:18 - 7:20and it allows the factory to run
-
7:20 - 7:24only if it complies
with specific conditions. -
7:25 - 7:29So together, they compared
the legal requirements with reality, -
7:29 - 7:30they collected evidence,
-
7:30 - 7:32and they drafted an application --
-
7:32 - 7:37not to the courts,
but to two administrative institutions, -
7:37 - 7:40the Pollution Control Board
and the district administration. -
7:41 - 7:46Those applications started turning
the creaky wheels of enforcement. -
7:47 - 7:51A pollution officer
came for a site inspection, -
7:51 - 7:55and after that, the company
started running an air filtration system -
7:55 - 7:57it was supposed to have
been using all along. -
7:58 - 8:01It also started covering the 100 trucks
-
8:01 - 8:04that come and go
from that plant every day. -
8:05 - 8:09Those two measures
reduced the air pollution considerably. -
8:10 - 8:12The case is far from over,
-
8:12 - 8:16but learning and using law gave Ravi hope.
-
8:18 - 8:24There are people like Kush
walking alongside people like Ravi -
8:24 - 8:26in many places.
-
8:26 - 8:28Today, I work with a group called Namati.
-
8:28 - 8:31Namati helps convene a global network
-
8:31 - 8:33dedicated to legal empowerment.
-
8:33 - 8:36All together, we are over
a thousand organizations -
8:36 - 8:38in 120 countries.
-
8:38 - 8:42Collectively, we deploy
tens of thousands of community paralegals. -
8:43 - 8:45Let me give you another example.
-
8:47 - 8:48This is Khadija Hamsa.
-
8:49 - 8:56She is one of five million people in Kenya
who faces a discriminatory vetting process -
8:56 - 8:58when trying to obtain a national ID card.
-
8:59 - 9:03It is like the Jim Crow South
in the United States. -
9:03 - 9:05If you are from a certain set of tribes,
-
9:05 - 9:07most of them Muslim,
-
9:07 - 9:09you get sent to a different line.
-
9:10 - 9:12Without an ID, you can't apply for a job.
-
9:13 - 9:14You can't get a bank loan.
-
9:14 - 9:16You can't enroll in university.
-
9:17 - 9:19You are excluded from society.
-
9:20 - 9:24Khadija tried off and on to get an ID
for eight years, without success. -
9:25 - 9:29Then she met a paralegal
working in her community -
9:29 - 9:30named Hassan Kassim.
-
9:31 - 9:34Hassan explained to Khadija
how vetting works, -
9:34 - 9:36he helped her gather
the documents she needed, -
9:36 - 9:39helped prep her to go before
the vetting committee. -
9:39 - 9:42Finally, she was able to get an ID
with Hassan's help. -
9:43 - 9:45First thing she did with it
-
9:45 - 9:49was use it to apply
for birth certificates for her children, -
9:49 - 9:51which they need in order to go to school.
-
9:54 - 9:57In the United States,
among many other problems, -
9:57 - 10:01we have a housing crisis.
-
10:02 - 10:03In many cities,
-
10:03 - 10:0790 percent of the landlords
in housing court have attorneys, -
10:07 - 10:10while 90 percent of the tenants do not.
-
10:10 - 10:13In New York, a new crew of paralegals --
-
10:13 - 10:16they're called
Access to Justice Navigators -- -
10:16 - 10:20helps people to understand housing law
and to advocate for themselves. -
10:21 - 10:22Normally in New York,
-
10:22 - 10:26one out of nine tenants
brought to housing court -
10:26 - 10:27gets evicted.
-
10:28 - 10:30Researchers took a look at 150 cases
-
10:30 - 10:33in which people had help
from these paralegals, -
10:33 - 10:36and they found no evictions at all,
-
10:36 - 10:37not one.
-
10:38 - 10:41A little bit of legal empowerment
can go a long way. -
10:42 - 10:46I see the beginnings of a real movement,
-
10:46 - 10:49but we're nowhere near what's necessary.
-
10:49 - 10:50Not yet.
-
10:51 - 10:53In most countries around the world,
-
10:53 - 10:56governments do not provide
a single dollar of support -
10:56 - 10:58to paralegals like Hassan and Kush.
-
10:59 - 11:03Most governments don't even recognize
the role paralegals play, -
11:03 - 11:05or protect paralegals from harm.
-
11:06 - 11:08I also don't want
to give you the impression -
11:08 - 11:11that paralegals and their clients
win every time. -
11:12 - 11:13Not at all.
-
11:13 - 11:16That cement factory behind Ravi's village,
-
11:16 - 11:19it's been turning off
the filtration system at night, -
11:19 - 11:23when it's least likely
that the company would get caught. -
11:23 - 11:24Running that filter costs money.
-
11:25 - 11:29Ravi WhatsApps photos
of the polluted night sky. -
11:29 - 11:31This is one he sent to Kush in May.
-
11:33 - 11:36Ravi says the air is still unbreathable.
-
11:36 - 11:39At one point this year,
Ravi went on hunger strike. -
11:40 - 11:41Kush was frustrated.
-
11:41 - 11:43He said, "We can win if we use the law."
-
11:44 - 11:47Ravi said, "I believe in the law, I do,
-
11:47 - 11:49but it's not getting us far enough."
-
11:51 - 11:56Whether it's India, Kenya,
the United States or anywhere else, -
11:56 - 11:59trying to squeeze justice
out of broken systems -
11:59 - 12:01is like Ravi's case.
-
12:01 - 12:05Hope and despair are neck and neck.
-
12:06 - 12:10And so not only do we urgently need
to support and protect -
12:10 - 12:13the work of barefoot lawyers
around the world, -
12:13 - 12:16we need to change the systems themselves.
-
12:18 - 12:20Every case a paralegal takes on
-
12:20 - 12:25is a story about how a system
is working in practice. -
12:26 - 12:28When you put those stories together,
-
12:28 - 12:31it gives you a detailed portrait
of the system as a whole. -
12:31 - 12:33People can use that information
-
12:33 - 12:36to demand improvements
to laws and policies. -
12:37 - 12:41In India, paralegals and clients
have drawn on their case experience -
12:41 - 12:45to propose smarter regulations
for the handling of minerals. -
12:46 - 12:51In Kenya, paralegals and clients
are using data from thousands of cases -
12:51 - 12:54to argue that vetting is unconstitutional.
-
12:56 - 12:58This is a different way
of approaching reform. -
12:58 - 13:02This is not a consultant
flying into Myanmar -
13:02 - 13:05with a template he's going
to cut and paste from Macedonia, -
13:05 - 13:08and this is not an angry tweet.
-
13:09 - 13:13This is about growing reforms
from the experience of ordinary people -
13:13 - 13:16trying to make the rules and systems work.
-
13:17 - 13:24This transformation in the relationship
between people and law -
13:24 - 13:25is the right thing to do.
-
13:27 - 13:30It's also essential for overcoming
-
13:30 - 13:33all of the other
great challenges of our times. -
13:35 - 13:40We are not going to avert
environmental collapse -
13:40 - 13:43if the people most affected by pollution
-
13:43 - 13:47don't have a say in what happens
to the land and the water, -
13:47 - 13:51and we won't succeed in reducing poverty
or expanding opportunity -
13:52 - 13:55if poor people can't exercise
their basic rights. -
13:56 - 13:59And I believe we won't overcome
-
13:59 - 14:04the despair that authoritarian
politicians prey upon -
14:05 - 14:07if our systems stay rigged.
-
14:09 - 14:14I called Ravi before coming here
to ask permission to share his story. -
14:15 - 14:18I asked if there was any message
he wanted to give people. -
14:20 - 14:22He said, "[Gujarati]."
-
14:23 - 14:24Wake up.
-
14:26 - 14:28"[Gujarati]."
-
14:28 - 14:30Don't be afraid.
-
14:31 - 14:32"[Gujarati]."
-
14:32 - 14:34Fight with paper.
-
14:34 - 14:37By that I think he means
fight using law rather than guns. -
14:38 - 14:43"[Gujarati]."
-
14:43 - 14:47Maybe not today, maybe not this year,
maybe not in five years, -
14:47 - 14:49but find justice.
-
14:52 - 14:58If this guy, whose entire community
is being poisoned every single day, -
14:58 - 15:01who was ready to take his own life --
-
15:01 - 15:04if he's not giving up on seeking justice,
-
15:04 - 15:06then the world can't give up either.
-
15:07 - 15:11Ultimately, what Ravi calls
"fighting with paper" -
15:11 - 15:15is about forging a deeper
version of democracy -
15:15 - 15:16in which we the people,
-
15:16 - 15:19we don't just cast ballots
every few years, -
15:19 - 15:25we take part daily in the rules
and institutions that hold us together, -
15:25 - 15:29in which everyone,
even the least powerful, -
15:29 - 15:32can know law, use law and shape law.
-
15:33 - 15:37Making that happen, winning that fight,
-
15:37 - 15:38requires all of us.
-
15:38 - 15:40Thank you guys. Thank you.
-
15:40 - 15:47(Applause)
-
15:49 - 15:51Kelo Kubu: Thanks, Vivek.
-
15:51 - 15:54So I'm going to make a few assumptions
-
15:54 - 15:58that people in this room know
what the Sustainable Development Goals are -
15:58 - 16:01and how the process works,
-
16:01 - 16:03but I want us to talk a little bit
-
16:03 - 16:08about Goal 16: Peace, justice
and strong institutions. -
16:09 - 16:12Vivek Maru: Yeah. Anybody remember
the Millennium Development Goals? -
16:12 - 16:17They were adopted in 2000 by the UN
and governments around the world, -
16:17 - 16:19and they were for essential,
laudable things. -
16:19 - 16:23It was reduce child mortality
by two thirds, cut hunger in half, -
16:23 - 16:24crucial things.
-
16:24 - 16:27But there was no mention
of justice or fairness -
16:27 - 16:30or accountability or corruption,
-
16:30 - 16:32and we have made progress
during the 15 years -
16:32 - 16:34when those goals were in effect,
-
16:34 - 16:37but we are way behind
what justice demands, -
16:37 - 16:41and we're not going to get there
unless we take justice into account. -
16:41 - 16:45And so when the debate started
about the next development framework, -
16:45 - 16:48the 2030 Sustainable Development Goals,
-
16:48 - 16:50our community came together
around the world -
16:50 - 16:54to argue that access to justice
and legal empowerment -
16:54 - 16:56should be a part of that new framework.
-
16:56 - 16:58And there was a lot of resistance.
-
16:58 - 17:02Those things are more political,
more contentious than the other ones, -
17:02 - 17:05so we didn't know until the night before
whether it was going to come through. -
17:05 - 17:07We squeaked by.
-
17:07 - 17:11The 16th out of 17 goals
commits to access to justice for all, -
17:11 - 17:12which is a big deal.
-
17:13 - 17:16It's a big deal, yes.
Let's clap for justice. -
17:16 - 17:18(Applause)
-
17:18 - 17:20Here's the scandal, though.
-
17:20 - 17:22The day the goals were adopted,
-
17:22 - 17:26most of them were accompanied
by big commitments: -
17:26 - 17:28a billion dollars
from the Gates Foundation -
17:28 - 17:30and the British government for nutrition;
-
17:30 - 17:3425 billion in public-private financing
for health care for women and children. -
17:35 - 17:38On access to justice,
we had the words on the paper, -
17:38 - 17:40but nobody pledged a penny,
-
17:40 - 17:44and so that is the opportunity
and the challenge that we face right now. -
17:44 - 17:47The world recognizes more than ever before
-
17:47 - 17:50that you can't have
development without justice, -
17:50 - 17:54that people can't improve their lives
if they can't exercise their rights, -
17:54 - 17:57and what we need to do now
is turn that rhetoric, -
17:57 - 18:00turn that principle, into reality.
-
18:01 - 18:06(Applause)
-
18:06 - 18:09KK: How can we help?
What can people in this room do? -
18:09 - 18:12VM: Great question. Thank you for asking.
-
18:12 - 18:13I would say three things.
-
18:13 - 18:15One is invest.
-
18:15 - 18:18If you have 10 dollars,
or a hundred dollars, a million dollars, -
18:18 - 18:21consider putting some of it
towards grassroots legal empowerment. -
18:22 - 18:23It's important in its own right
-
18:23 - 18:26and it's crucial for just about
everything else we care about. -
18:26 - 18:28Number two,
-
18:28 - 18:33push your politicians and your governments
to make this a public priority. -
18:34 - 18:36Just like health or education,
access to justice -
18:36 - 18:40should be one of the things
that a government owes its people, -
18:40 - 18:42and we're nowhere close to that,
-
18:42 - 18:44neither in rich countries
or poor countries. -
18:44 - 18:48Number three is:
be a paralegal in your own life. -
18:49 - 18:51Find an injustice
or a problem where you live. -
18:51 - 18:53It's not hard to find, if you look.
-
18:53 - 18:55Is the river being contaminated,
-
18:55 - 18:57the one that passes through
the city where you live? -
18:57 - 19:00Are there workers getting paid
less than minimum wage -
19:00 - 19:02or who are working without safety gear?
-
19:02 - 19:04Get to know the people most affected,
-
19:04 - 19:06find out what the rules say,
-
19:06 - 19:09see if you can use those rules
to get a solution. -
19:10 - 19:13If it doesn't work, see if you can
come together to improve those rules. -
19:13 - 19:19Because if we all start knowing law,
using law and shaping law, -
19:20 - 19:23then we will be building
that deeper version of democracy -
19:23 - 19:25that I believe our world
desperately needs. -
19:27 - 19:28(Applause)
-
19:28 - 19:30KK: 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.
- Video Language:
- English
- Team:
closed TED
- Project:
- TEDTalks
- Duration:
- 19:43
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Brian Greene edited English subtitles for How to put the power of law in people's hands | |
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Krystian Aparta edited English subtitles for How to put the power of law in people's hands | |
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Krystian Aparta edited English subtitles for How to put the power of law in people's hands | |
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Krystian Aparta edited English subtitles for How to put the power of law in people's hands | |
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Krystian Aparta edited English subtitles for How to put the power of law in people's hands |