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July 13, 2018
During the 2018-2019 academic year, the Human Rights Program will welcome five exemplary human rights practitioners and scholars to Harvard Law School for a semester or year of study on a diverse slate of research topics. Learn more about the visiting fellowship here and see below for details on the incoming cohort.
Dr. Tony Ellis (New Zealand)
Dr Tony Ellis is a New Zealand Human Rights Barrister in Blackstone Chambers. His approach is comparative and international. He holds a doctor of juridical science from La Trobe, an M.Phil from University of Essex, an LL.M. from Victoria University, and an LL.B. from Monash University. Dr. Ellis was President of the New Zealand Council of Civil Liberties for over eight years.
He is the first New Zealand lawyer to have won cases before the United Nations Human Rights Treaty Bodies. His current caseload includes murder appeals, public law cases, and cases where his clients are intellectually disabled. He is currently working on cases involving a death in custody, an extradition to China for homicide, and a torture case involving ECT treatments. In addition, he has a variety of cases pending before the UN Human Rights Committee and UN Working Group on Arbitrary Detention, as well as a judicial independence case before the Judicial Committee of the Privy Council.
At HRP, his research will focus on the arbitrary detention of the intellectually disabled within an international scope.
Jong Chul Kim (Republic of Korea)
Jong Chul Kim is the founder and program director for the public interest lawyers’ organization, Advocates for Public Interest Law (APIL) in Seoul. He holds an LL.M. from Korea Graduate University and an LL.B. from Korea University and obtained his Certificate in Law at the Judicial Research and Training Institute.
His work focuses on the rights of vulnerable migrants in Korea, including refugees, victims of human trafficking, and migrant detainees. He also specializes in business and human rights, and monitors human rights abuses committed by Korean companies overseas. He has conducted field investigations of human rights violations by Korean corporations in Bangladesh, Cambodia, India, Indonesia, Mexico, Uzbekistan, Vietnam. Most recently, with the International Organization on Migration, he conducted field research on the forced labor of Southeast Asian fishermen in Korean fishing vessels. In 2011-2012, he served as chair of the human rights department for the Korean Bar Association. In 2016, the Korean Bar Association awarded Kim with the prize for “Best Public Interest Lawyer.” In 2018, Kim received the Trafficking in Persons Report Hero Award from the U.S. State Department.
At HRP, Kim will research the UN Human Rights Treaty Bodies’ jurisprudence on the topics of business and human rights and migration, and the extent to which their decisions are implemented.
Sabrina Mahtani (Zambia / U.K.)
Sabrina Mahtani is the OPIA / HRP Wasserstein Fellow for the 2018-2019 year. She is a human rights lawyer from Zambia and the U.K. with over fourteen years’ experience working in the human rights field. She specializes on the rights of women in the criminal justice system in Africa and has prepared cases before domestic, regional, and international courts. Mahtani holds a B.A. in Law and History from University College London and an LL.M. from New York University.
Since 2014, she has worked as a researcher at Amnesty International, leading the organization’s research and advocacy work on Anglophone West Africa. She is currently working on the transitional justice and accountability process. Mahtani is also the founder of the award winning NGO, AdvocAid, which provides access to justice, education, and empowerment for women involved in the criminal justice system in Sierra Leone. She has previously worked at the Special Court for Sierra Leone and International Criminal Tribunal for Rwanda. Mahtani was awarded the Amnesty International Gender Defender award, a Vital Voices Lead Fellowship, and the Trainee Pro Bono Lawyer of the Year award at the Law Society Junior Lawyers Awards.
At HRP, Mahtani will research African jurisprudence on legal defenses for women who have killed their domestic abusers after prolonged periods of abuse.
Alpha Sesay (Sierra Leone)
Alpha Sesay is an Advocacy Officer with the Open Society Justice Initiative (OSJI), where he works on promoting human rights and the rule of law in Africa. He holds an LL.B. from the University of Sierra Leone and an LL.M from the University of Notre Dame Law School.
Sesay presently co-leads OSJI’s project on strengthening regional human rights mechanisms and focuses on improving implementation processes for decisions of human rights bodies in Africa. Previously, Sesay worked in The Hague as a Legal Officer for OSJI’s International Justice Program, where he monitored the work of the International Criminal Court (ICC). Sesay has also previously worked with the Special Court for Sierra Leone, is founding president of the Fourah Bay College Human Rights Clinic, and is founding Executive Director of the Sierra Leone Court Monitoring Program. He has worked and consulted with the UN Mission in Sierra Leone, International Center for Transitional Justice and with Human Rights Watch.
At HRP, he will research challenges to and mechanisms to increase the successful implementation of decisions of human rights bodies in Africa.
Dr. Ralph Wilde (U.K.)
Dr. Ralph Wilde is a Reader at University College London’s Faculty of Laws. He holds a Ph.D. and an LL.M. from Cambridge University, a Diploma in European Human Rights Law from the European University Institute, and a B.Sc. from the London School of Economics.
Dr. Wilde is currently engaged in an interdisciplinary research project on the extraterritorial application of international human rights law. His book International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away (OUP 2008) was awarded the Certificate of Merit (book prize) of the American Society of International Law in 2009. He previously served on the executive bodies of the American and European Societies of International Law and the International Law Association.
At HRP, Dr. Wilde will work on his monograph on the nature and scope of international human rights law, to be published as part of the Oxford University Press ‘Elements of International Law’ series.
July 3, 2018
Posted by Dana Walters
Debbie Frempong’s time at the International Human Rights Clinic was short – she was here for just 10 months – but during that time she made her mark on the Clinic through her kindness, empathy, and humor.
Debbie, the Clinic assistant, and I, the Program assistant, started our positions at the Law School just a week apart from each other. Throughout her time here, our desks faced one another, and I always knew I could peek over my computer and see her there. We shared laughter with each other just as often as we shared work. I’ll miss her, as we all will, but I’m excited to see what she does next.
Having joined us from the Harvard Divinity School where she received a Masters in Religion, Politics, and Ethics, Debbie is departing the Clinic to further her graduate work at Brown University. There, she’s pursuing a Ph.D. in anthropology, specifically researching identity formation among Ghanaian Christian women using postcolonial theory and a transnational racialized framework. There’s no doubt that Debbie’s work will be invaluable to the field, but more so, she’ll be an asset to any future students she encounters in what will be a remarkable academic career. As a critical and passionate thinker, she’s the kind of teacher we’d all be lucky to have.
At the Clinic, Debbie was the sounding board for so many student concerns. She always treated students and visitors with compassion and respect, even when she was knee-deep in organizing classes, events, and conferences. She cared deeply about social justice: an important factor in all of the Clinic’s hiring decisions. At work and outside of it, she was a natural community builder. Having grown up in Ghana and come to the U.S. for school, she volunteered her spare time with an organization that made sure other African expats and immigrants felt welcome in the Boston area.
A few months into her tenure, we discovered something else about Debbie: she’s a virtuoso singer. As her videos became increasingly popular, singing seemed to be but one way of building bridges in the easy way she does. Her powerful voice — in singing, writing, and speaking up for injustice — , her keen listening skills, and her attention to making sure others were heard are but some of the ways Debbie has contributed so much to the Clinic and to our lives. The good news is she’ll be only a short train ride away. That, or a YouTube click.
June 29, 2018
The International Human Rights Clinic, which is part of the Human Rights Program at Harvard Law School, is inviting applications for a Clinical Instructor. The Clinic offers second and third year students, as well as LLM students, the opportunity to work on a variety of timely and complex human rights issues in partnership with clients, civil society organizations, and affected communities around the world, including in the United States. Through supervised practice and intense mentorship, clinical students develop a range of skills necessary to become thoughtful, critical, creative, strategic, and effective human rights advocates.
The Clinical Instructor will be a legally-trained practitioner with at least five years of demonstrated experience in, and commitment to, human rights, including experience training, teaching, or mentoring law students. S/he will join a vibrant community of human rights practitioners and scholars at Harvard Law School. The Clinical Instructor will design, oversee, and execute clinical projects, and supervise and manage student teams. Clinical projects deploy a variety of strategies and methodologies and may include fact-finding investigations and advocacy efforts, human rights reporting, legislative drafting, litigation in national and international fora, media advocacy, policy initiatives, coalition building, and negotiating treaty provisions. Over the course of the term appointment, the Clinical Instructor may also have an opportunity to be appointed a Lecturer on Law and to develop and teach clinical seminars.
The position is expected to begin in early / mid- 2019 and extend through June 2021.
For the full job ad and to apply, please go through the Harvard Jobs Portal.
June 25, 2018
Clinic’s Parliamentary Submission Urges Marshall Islands to Reap Benefits of Nuclear Weapon Ban Treaty
Posted by Bonnie Docherty
The Marshall Islands (RMI), which still suffers from the catastrophic effects of 67 U.S. nuclear tests, has much to gain by joining the 2017 Treaty on the Prohibition of Nuclear Weapons (TPNW).
If it became a state party, the RMI would be entitled to new sources of assistance to address the ongoing human and environmental harm caused by nuclear testing. The RMI would also advance the cause of nuclear disarmament, which the country has historically supported, and become a leader among Pacific and affected states.
While some Marshallese are concerned about the TPNW’s ramifications for the Compact of Free Association between the RMI and the United States, the Compact should not be seen as an insurmountable legal obstacle to joining a treaty that would benefit the Marshallese people and their environment.
The RMI’s parliament (Nitjela) has the power to decide whether to sign and ratify the TPNW. Its Standing Committee on Foreign Affairs and Trade is currently considering Resolution 46, which would approve those steps. In July 2017, the RMI joined 121 other countries in voting to adopt the TPNW at the United Nations.
In a submission made to the parliamentary committee this week, the Clinic encourages the Nitijela to approve Resolution 46, and the country to sign and ratify the TPNW. The submission details the advantages of joining the treaty for the RMI and shows how the TPNW can be understood as legally compatible with the Compact. The Clinic has also released a more in-depth analysis of the relationship between the TPNW and the Compact.
The TPNW’s provisions on victim assistance and environmental remediation, for which the Clinic advocated actively during the treaty’s negotiations, provide the RMI humanitarian incentives become a party. The treaty mandates a range of assistance for affected individuals, including medical care, psychological support, measures to ensure socioeconomic inclusion, and human rights protections. The treaty also requires measures to reduce environmental contamination and exposure to radioactive materials.
The TPNW spreads responsibility for victim assistance and environmental remediation across the countries that are party to the treaty. Affected countries, such as the RMI, bear the responsibility to lead these efforts, but other states parties in a position to do so are required to help them meet their obligations.
While the Compact grants the U.S. “full authority and responsibility for security and defense matters in or relating to” the RMI, the Clinic’s analysis finds that the RMI’s obligations under the TPNW and the Compact are not per se contradictory. It emphasizes that the Compact requires the U.S. to “accord due respect” to the RMI’s foreign affairs authority and responsibility for its people’s well-being. If the U.S. sought to block the RMI’s ratification of the TPNW or withhold aid in response, it would be failing to honor its commitment in the Compact to respect the RMI’s sovereign right to act in the interests of its people.
In March 2018, the Clinic visited the RMI to discuss the TPNW with government officials, civil society members, and individuals affected by testing. The Clinic based its conclusions and recommendations on those conversations and a close analysis of the TPNW and the Compact.
In addition to requiring victim assistance and environmental remediation, the TPNW includes comprehensive prohibitions on activities involving nuclear weapons. The TPNW has been signed by 59 countries and ratified by 10. It will enter into force when 50 countries complete their ratification.
June 12, 2018
The Human Rights Program is pleased to announce its cohort of post-graduate fellowships in human rights. This year, Conor Hartnett, JD’18, and Alejandra Elguero Altner, LLM’17, have been awarded the Henigson Human Rights Fellowship and Jenny B. Domino, LLM’18, and Anna Khalfaoui, LLM’17, have been awarded the Satter Human Rights Fellowship.
Conor Hartnett will be a Legal Fellow with Legal Action Worldwide (LAW) in Colombo, Sri Lanka, where he will focus on transitional justice within two different spheres: criminal justice accountability and education. As a fellow, he will provide technical assistance to criminal justice organizations attempting to hold war criminals and perpetrators of crimes against humanity accountable for their activities. He will also help develop curricula on transitional justice and human rights for a host of different universities. With a sustained interest in human rights and international development, Conor made human rights the focus of his law school career: spending multiple semesters in the International Human Rights Clinic and contributing substantially to the leadership and growth of the Harvard Human Rights Journal. Prior to law school, he was a fellow in the Peace Corps where he developed a human rights education curriculum for students in the Republic of Georgia.
Alejandra Elguero Altner will be a Legal Fellow with Legal Action Worldwide (LAW) in Nairobi, Kenya, where she will work on projects that address sexual- and gender-based violence (SGBV) in South Sudan and Somalia. With both societies in long-term conflict, Alejandra will be helping to strengthen the ability of civil society organizations and attorneys to hold perpetrators of SGBV accountable. Having graduated with an LLM in 2017, Alejandra has spent the last year with the Organization of American States consulting on a number of related projects, including Mexico’s compliance with international legal obligations regarding violence towards women and their access to justice. Prior to her LLM, she worked to combat human trafficking and provide access to justice to SGBV survivors and held positions with the Inter-American Court of Human Rights and the Ignacio Ellacuria Human Rights Institute.
Jenny B. Domino will work with ARTICLE 19 in Myanmar, strengthening the organization’s response to hate speech, specifically as it incites violence and provokes atrocities committed against the Rohingya community. Throughout her career, Jenny has dedicated herself to deepening the commitment to international human rights law in the ASEAN region. In her home country of the Philippines, she spearheaded the Commission on Human Rights’ investigation of the state leaders most responsible for the extrajudicial killings arising from President Duterte’s drug war. Her investigation helped prompt the International Criminal Court to open a preliminary examination into whether these killings constitute crimes against humanity.
Anna Khalfaoui will work with the American Bar Association’s Rule of Law Initiative (ABA-ROLI) in the Democratic Republic of Congo, supporting programs in North and South Kivu, where there are increasing attacks against civilians and high levels of sexual violence that are committed with impunity. She will support ABA-ROLI’s early warning and response system for preventing atrocities and provide legal assistance to survivors of sexual and gender-based violence to file cases with civilian and military authorities. Anna is a French lawyer who trained in the International Human Rights Clinic. She currently serves as a consultant for the Center for Civilians in Conflict.
June 7, 2018
Posted by Bonnie Docherty
As preparations for a US-North Korea summit highlight the ongoing threat posed by nuclear weapons, proponents of nuclear disarmament should increase their support for the 2017 Treaty on the Prohibition of Nuclear Weapons (TPNW). Momentum has been building. In May alone, three more countries ratified the treaty, bringing the total to 10; another 48 have signed. In addition, several countries have initiated national processes that represent an important step toward coming on board.
In this context, the Clinic is releasing two papers demonstrating why it is legally possible for even allies of nuclear armed states to join the TPNW.
The first paper examines the implications of the TPNW for “nuclear umbrella” states, notably US allies, that wish to join the new treaty. It finds that once a country is party to the TPNW, it may no longer remain under the protection of a nuclear umbrella, i.e., rely on an ally’s nuclear weapons for defense.
In most cases, however, a country may sign and ratify the TPNW without violating its legal obligations under a security agreement with a nuclear armed state. The TPNW would also allow it to continue participate in joint military operations with nuclear armed states as long as it does not assist with prohibited acts, such as possessing, threatening to use, or using nuclear weapons.
A NATO member state that joined the TPNW would therefore have to renounce its nuclear umbrella status, but from a legal perspective, it could remain a part of the existing alliance. The same would be true for other US allies, including Australia, Japan, and South Korea.
A second Clinic paper focuses specifically on the situation of Sweden, which frequently partners with NATO but is not a member state. Sweden has appointed an inquiry chair to examine how joining the TPNW would affect Sweden’s defense policies and its obligations under other agreements. Sweden was one of 122 nations to adopt the TPNW in July 2017.
The Clinic concludes that if Sweden became a party to the treaty, the country could not assist its allies with prohibited activities involving nuclear weapons. It could, however, maintain its relationships with NATO and the European Union and continue to participate in joint military operations without violating the treaty.
Given Sweden’s historically strong support for nuclear non-proliferation and disarmament, Sweden should serve as a role model for other countries in a similar position. It should advance the TPNW’s goal of eliminating nuclear weapons and expedite its entry into force by joining as soon as possible. The treaty will enter into force, i.e., become binding law, once 50 states have become party.
The Clinic participated actively in last year’s negotiations of the TPNW and has worked closely with the International Campaign to Abolish Nuclear Weapons (ICAN), which received the 2017 Nobel Peace Prize.
May 31, 2018
Judge Overturns Unanimous Jury Verdict That Found Former Bolivian President and Defense Minister Responsible for Massacre of Indigenous People
Plaintiffs Argue Jury Made Right Decision, Promise Swift Appeal
May 30, 2018, Fort Lauderdale, Florida – Today, a federal judge overturned the verdict of a unanimous jury that found the former president of Bolivia and his minister of defense responsible for extrajudicial killings carried out by the Bolivian military, which killed more than 50 of its own citizens and injured hundreds during a period of civil unrest in September and October 2003. The jury’s decision, announced on April 3, came after a 10-year legal battle spearheaded by family members of eight people killed in what is known in Bolivia as the “Gas War.” The jury awarded a total of $10 million in compensatory damages to the plaintiffs. The trial marked the first time in U.S. history a former head of state has sat before his accusers in a U.S. civil court.
Today, Judge James I. Cohn upheld a motion by the defendants that argued there was insufficient evidence to support the verdict. The plaintiffs contend that the evidence presented at trial was more than sufficient for a reasonable jury to conclude—as all 10 jurors did—that Bolivian soldiers killed the plaintiffs’ family members, and that the former president, Gonzalo Sánchez de Lozada, and former defense minister, José Carlos Sánchez Berzaín, are responsible for those deaths.
“The judge’s decision to overturn the jury’s unanimous verdict cannot change the truth, which the 10 jurors saw during the trial and affirmed after deliberating for nearly five days,” said Teófilo Baltazar Cerro, a plaintiff and member of the indigenous Aymara community of Bolivia, who were victims of the defendants’ decision to use massive military force against the population. “We have been fighting for justice for our family members for over fourteen years, and we have no plans to stop now. We will appeal this decision.”
Both Gonzalo Sánchez de Lozada and José Carlos Sánchez Berzaín have lived in the United States since they fled Bolivia following the massacre in 2003. In Bolivia, in 2011, former military commanders and government officials who acted under Sánchez de Lozada and Sánchez Berzaín’s authority were convicted for their roles in the 2003 killings. Both Sánchez de Lozada and Sánchez Berzaín were indicted in the same case, but could not be tried in abstentia under Bolivian law.
During the nearly month-long trial, the 10 jurors listened to the testimonies of 30 witnesses and heard evidence of at least 58 civilian killings and hundreds of civilian injuries carried out by the military in September and October 2003. The plaintiffs argue that the jury could have reasonably inferred that the death toll reflected the military’s deliberate use of lethal force against unarmed civilians, and that Sánchez de Lozada and Sánchez Berzaín consciously failed to stop the killings.
“The jury sat in trial for three weeks, deliberated for five days, and we are confident that they reached the right conclusion that the former President and Defense Minister were responsible for these killings. The judge depended on an erroneously high standard of evidence to overturn this verdict—that the defendants needed to have a premeditated plan to kill civilians—which the law does not require,” said Judith Chomsky, an attorney for the plaintiffs, cooperating through the Center for Constitutional Rights. “This case is not over, and we intend to swiftly appeal this decision.”
The family members are represented by a team of lawyers from the Center for Constitutional Rights, Harvard Law School’s International Human Rights Clinic, and the law firms of Akin Gump Strauss Hauer & Feld LLP, Schonbrun, Seplow, Harris & Hoffman, LLP, and Akerman LLP. Lawyers from the Center for Law, Justice and Society (Dejusticia) are cooperating attorneys.
For more information, visit the Center for Constitutional Rights case page.
Juez revoca veredicto unánime del jurado que halló al expresidente boliviano y al antiguo ministro de Defensa responsables de masacre de indígenas
Los Demandantes argumentan que el jurado tomó la decisión correcta, prometen pronta apelación
30 de mayo, 2018, Fort Lauderdale, Florida – Hoy, un juez federal revocó el veredicto de un jurado que unánimemente halló al expresidente boliviano y a su ministro de Defensa responsables de los homicidios culposos realizados por los militares bolivianos, quienes mataron a más de 50 de sus propios ciudadanos e hirieron a cientos durante un período de disturbio civil en septiembre y octubre de 2003. La decisión del jurado, anunciada el 3 de abril, llegó después de una batalla legal de 10 años conducida por los familiares de ocho personas asesinadas en lo que se conoce en Bolivia como la “Guerra del gas.” El jurado otorgó un total de $10 millones en compensación por daños a los demandantes. El juicio fue la primera vez en la historia de los EUA en que un antiguo mandatario de estado se sentó frente a sus acusadores en una corte civil estadounidense.
Hoy, el juez James I. Cohn defendió una moción de los demandados que argumenta que la evidencia no era suficiente para respaldar el veredicto. Los demandantes contienden que la evidencia presentada en el juicio era más que suficiente para que un jurado razonable concluyese—así como lo hicieran 10 miembros del jurado—que los soldados bolivianos mataron a los familiares de los demandantes, y que el expresidente Gonzalo Sánchez de Lozada y su ministro de Defensa, José Carlos Sánchez Berzaín, fueron responsables de esas muertes.
“La decisión del juez de revocar el veredicto unánime del jurado no puede alterar la verdad que vieron los 10 miembros del jurado durante el juicio y que afirmaron después de deliberar por casi cinco días,” dijo Teófilo Baltazar Cerro, un demandante y miembro de la comunidad indígena aymara de Bolivia, la cual fue víctima de la decisión de los demandados de usar fuerza militar masiva contra la población. “Por más de catorce años hemos luchado por justicia para nuestros familiares y no pensamos detenernos ahora. Apelaremos esta decisión.”
Tanto el expresidente boliviano, Gonzalo Sánchez de Lozada, como su antiguo ministro de Defensa, José Carlos Sánchez Berzaín, han estado viviendo en los Estados Unidos desde que huyeron de Bolivia después de la masacre de 2003. En Bolivia, cinco excomandantes militares cuyas acciones dependían de Sánchez de Lozada y Sánchez Berzaín fueron condenados en 2011 por sus roles en las ejecuciones de 2003. Tanto Sánchez de Lozada como Sanchez Berzaín fueron imputados en el mismo caso, pero no pudieron ser juzgados in abstentia según la ley boliviana.
Durante casi un mes en juicio, los 10 miembros del jurado escucharon los testimonios de 30 testigos y escucharon la evidencia sobre al menos 58 civiles asesinados y cientos de civiles heridos por los militares en septiembre y octubre de 2003. Los demandantes argumentan que el jurado pudo inferir razonablemente que la cantidad de víctimas refleja el uso deliberado de fuerza letal que hicieron los militares contra civiles desarmados, y que Sánchez de Lozada y Sánchez Berzaín se abstuvieron conscientemente de detener esa matanza.
“El jurado estuvo en el juicio por tres semanas y deliberaron por cinco días, y estamos seguros de que llegaron a la conclusión correcta de que el expresidente y el antiguo ministro de Defensa fueron responsables de esos homicidios. El juez se respaldó en un estándar erróneamente alto de evidencia para revocar este veredicto—que los demandados precisaban tener un plan premeditado para matar civiles—algo que la ley no requiere,” dijo Judith Chomsky, una abogada de los demandantes, cooperante a nombre de Center for Constitutional Rights [Centro por los derechos constitucionales]. “Este caso no ha terminado y tenemos la intención de apelar esta decisión con prontitud.”
Los familiares están representados por un equipo de abogados de Center for Constitutional Rights, Harvard Law School International Human Rights Clinic, y los bufetes de Akin Gump Strauss Hauer & Feld LLP, Schonbrun, Seplow, Harris & Hoffman, LLP, y Akerman LLP. Las(los) abogada(os) de Center for Law, Justice and Society (Dejusticia) [Centro por la ley, la justicia y la sociedad (Dejusticia)] son abogadas(os) de cooperación.
Para mayor información, visite la página del caso (case page) del Center for Constitutional Rights.
May 23, 2018
This piece originally appeared as a spotlight feature on Harvard Law School’ s Today homepage on May 22, 2018, written by Ian Spaho.
In recognition of their demonstrated excellence in representing clients and undertaking advocacy or policy reform projects, Amy Volz ’18 and Ha Ryong Jung (Michael) ’18 were named the 2018 recipients of the David A. Grossman Exemplary Clinical Student Award at Harvard Law School. The award is named in honor of the late Clinical Professor David Grossman ’88, a public interest lawyer dedicated to providing high-quality legal services to low income communities.
Described by nominators as “the embodiment of Grossman’s tireless pro bono spirit,” Volz contributed thousands of hours of pro bono service to clients through the Harvard Immigration Project (HIP), the International Human Rights Clinic, and the Harvard Immigration and Refugee Clinical Program (HIRC).
At HLS, Volz co-founded the Immigration Response Initiative, a student group comprised of nearly 400 students. The Immigration Response Initiative focused on more than a dozen projects, including legal research for the American Civil Liberties Union; state and local advocacy for immigrant-friendly policies; and support for HIRC’s litigation efforts to stop the Muslim Ban. Volz wrote answers to frequently-asked-questions related to Deferred Action for Childhood Arrivals (DACA) and helped organize DACA renewal clinics for members of the Harvard community. She also drafted portions of an amicus brief to stop President Trump’s Executive Order from cutting refugee admissions. She did all of this work pro bono without receiving any academic credit.
Volz also put together a noteworthy report detailing a range of issues, including detention, denial of parole or release from detention, criminalization of asylum seekers, and the expansion of expedited removal proceedings. The report became the basis for a request for a hearing before the Inter-American Commission and litigation before the Canadian courts.
“Amy is a consummate professional and clear communicator who is thoughtful about her role as well as her place on a team. She listens effectively but, at the same time, she is always prepared to offer her opinions and ideas,” wrote her nominators from the Harvard Immigration and Refugee Clinical Program. “She is smart, enthusiastic, thoughtful, and totally reliable.”
Her commitment to social justice is also evident in her work with the International Human Rights Clinic, where she worked for two years. Throughout this time, she worked on a complicated lawsuit, Mamani, et al. v. Sánchez de Lozada and Sánchez Berzaín, which was litigated in U.S. federal court on behalf of the family members of Bolivian citizens who were killed by the Bolivian military in 2003. The suit brought claims against Boliva’s former president and minister of defense for their roles in orchestrating these killings. In April, the jury returned a verdict in favor of the families, awarding them $10 million.
“Volz was involved in all aspects of the litigation and her work was nothing short of outstanding. She developed a deep, detailed knowledge of a very intricate case, from the most minute factual details to larger strategic decisions, a testament to not only her intelligence but also her commitment,” her nominators wrote.
“Her ability to connect with people in such a meaningful way, combined with her deep understanding of the case and the evidence that we needed to provide at trial, helped us elicit the testimony that we needed to prove our case from multiple difficult witnesses,” said Clinical Professor of Law and Co-Director of the International Human Rights Clinic Susan Farbstein, who also nominated Volz.
“I am incredibly honored to be a recipient of this award and grateful for the many opportunities I have had to get involved in clinical and SPO work at HLS,” said Volz. “Working with amazing mentors in the Immigration & Refugee Clinical Program and the International Human Rights Clinic has been the greatest gift of my time in law school. I am excited to carry on the lessons I have learned here as I begin my career.”
Ha Ryong Jung (Michael)
Ha Ryong Jung, a native of South Korea, was recognized for his unparalleled commitment to clinical education and the field of children’s rights. At HLS, he contributed more than 2,000 pro bono hours with the International Human Rights Clinic, Child Advocacy Clinic, and HLS Advocates for Human Rights. He also worked pro bono at the regional office of the United Nations Children’s Fund in Thailand, Extraordinary Chambers in the Courts of Cambodia, Boston Juvenile Court, and Volunteer Lawyers Project.
“Jung has spent the better part of his lifetime building his capacity to promote the human rights of children, particularly the neediest children,” wrote his nominators in the Child Advocacy Program. They noted that his clinical and academic work were outstanding, showing a drive to learn, intellectual curiosity, and the ability to make connections.
In the Child Advocacy Clinic, Jung received special recognition for his important contributions to his placement organization and the quality of his participation and engagement in the clinic seminar. He worked on laws and policies affecting children and young people, including those undergoing removal proceedings and experiencing custody complications due to undocumented parents facing deportation. “His thoughtful and reflective contributions made him a beloved member of his fieldwork office and the class,” wrote his nominators.
Jung has taken his clinical experiences and infused them into other aspects of his law school life. He is the first student to complete the Harvard-wide Child Protection Certificate Program administered by the Harvard François-Xavier Bagnoud (FXB) Center for Health and Human Rights at the Harvard T.H. Chan School of Public Health. Additionally, he re-ignited HLS’ student group Child & Youth Advocates, organizing events and skills-based training related to child welfare, education, and juvenile justice. He also created a student database to encourage networking among HLS students and graduates interested in the field of child advocacy.
One of his most impressive accomplishments, according to his nominators, was establishing the Child Advocacy Hub, which connects organizations working on children’s issues to law students interested in working remotely on short-term projects. Seeing an unmet need in the legal services community for additional help, and a desire on the part of HLS students to volunteer, Jung came up with the idea of matching the two groups. With this vision and his exceptional organizational and leadership skills, he reached out to stakeholders and launched the Hub in early 2018. “Jung’s efforts were driven by his ability to identify a problem and solve it, and also by his deep drive to ensure that the range of opportunities to gain skills and participate in child advocacy-oriented activities for current and future HLS students is as robust as possible,” wrote his nominators.
“Jung is truly a one-of-a-kind person and student, and he is undoubtedly going to make significant contributions to the field of children’s rights once he begins his career,” his nominators concluded.
Reflecting on his three years at HLS Jung said, “When I was notified about this award, my first reaction was one of puzzlement and amazement because I knew so many students who were deserving of an award, and I never considered myself to fit that definition. However, the feelings that followed were of immense gratitude and honor with the understanding that the individuals I deeply admire had recognized my work as contributing to the lives of children and trusted that my efforts will firmly persist. I feel blessed to have been a part of the International Human Rights Clinic and the Child Advocacy Clinic for most of my time in law school, and those experiences have undoubtedly taken me a step closer to becoming an effective advocate for children. This award is the greatest gift that I have received, and it will serve to be an immeasurably valuable source of support and encouragement for me as I continue my pursuit of helping to protect children and their rights.”
May 21, 2018
Listen: ACCPI’s Bonnie Docherty Discusses Humanitarian Disarmament Career Path on Leading Questions Podcast
Armed Conflict and Civilian Protection Initiative Associate Director Bonnie Docherty spoke with the Harvard Law Record‘s Hannah Solomon-Strauss, JD’18, and Evelyn Douek, SJD Candidate, on their Leading Questions podcast. Docherty discussed her career path from history student to journalist to a teacher and lawyer that most recently helped advise the International Campaign to Abolish Nuclear Weapons (ICAN) in their Nobel Peace Prize-winning efforts in humanitarian disarmament.
When asked what drove her when her goals—such as the historic treaty banning cluster munitions in 2008—felt like a “long shot,” Docherty responded: “I think it was partly having seen the effects of these weapons, both [in] Afghaniston, Iraq, and in Lebanon. And knowing first-hand what they did really did keep me motivated. So intellectually I was motivated by the challenge of crafting treaty text and that was really exciting once we got in the negotiations. But I think [it is] important in this work to remember the humans and not to get lost in the advocacy or the legal details. […] If you remember the humans, it keeps you going.” Below is the full audio of the conversation.
May 18, 2018
Posted by Susan Farbstein
This post is tough to write: Cara Solomon, our Communications Manager, is leaving HRP. Having endured eight years in an office full of lawyers, she is following her passion to focus full-time on Everyday Boston, the nonprofit that she founded to build community across the city and break down stereotypes through storytelling. So we’re losing a dear colleague and friend. And we’re left to write this tribute without her invaluable editorial input.
It comes as no surprise that this is her next step. Cara, who joined us following a career as a print journalist, is a storyteller at heart. She loves nothing more than speaking with interesting people—asking insightful questions and digging deep to understand who they are and what drives them—and then turning that raw material into a beautifully reported piece. From articles about the bonds that form between clinical students, to profiles of clinical instructors and their work, to in-depth features on clinical projects and victories, Cara captures the story.
Her writing resonates not simply because she cares about the issues, but because she connects with people and puts them at the center of her work. During a break in the Mamani trial in March, I watched Cara sit outside the courtroom with Gonzalo Mamani Aguilar, one of the plaintiffs. Cara speaks no Spanish, and Gonzalo no English. Yet somehow they were deep in conversation—smiling, laughing, gesticulating, commiserating. This is just her way.
In addition to being a gifted storyteller, Cara has also proven herself to be a natural teacher. She taught us all to be better writers—how to find our voices, show rather than tell, shrug off the constraints of legal writing to speak to a broader audience—and then she tirelessly revised, edited, and reworked our pieces until they met her exacting standards.
She did this not only for those of us who work in the Clinic but also for our students, teaching clinical teams how to frame advocacy messages and talking points, to write blogs and op-eds, and to pitch ideas to journalists. In the classroom, Cara developed and taught modules on media advocacy and storytelling, dissecting op-eds and advocacy plans drafted by students and providing incisive feedback and suggestions.
Cara always called it like she saw it. Over the years, many students and staff turned to her as a listening ear to celebrate achievements, exchange frustrations, or seek advice. She looked out for them, checked in on people, reminded us all to take better care of ourselves. She had a keen eye for injustice and the need to break down hierarchies, including within the law school itself.
Thank you, Cara, for making us better writers, but more importantly for your kindness and friendship. We will miss you tremendously but know that your creativity, collaborative spirit, and curiosity will be put to good use at Everyday Boston. We’re excited to see the impact that you, and Everyday Boston, are already having on the community—and we wish you every success!
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