transnational abuses of human rights and the environment Prepared By: Jonathan S. Leonard With Guidance From: Terra Lawson Remer In May of 2014 1 TABLE OF CONTENTS Comparable Organizations Accountability Counsel (AC) ......... The Center for International Environmental Law (CIEL) .. 7 Sources of Innovative Funding NGO Support Networks 6 Environmental Law Alliance Worldwide (ELAW) . Earthjustice .... EarthRights International (ERI) ...... Ashoka ... Causes .... Kiva .... The Economic, Social, and Cultural Rights Network (ESCR-Net).. Namati ... 9 8 10 13 12 14 16 17 2
Pro Bono Clearinghouses Advocates for International Development (A4ID).... The Public Interest Law Network (PILnet)...... i-Probono.... 20 19 21 Legal Support Organizations International Senior Lawyers Project (ISLP).... Lawyers Without Borders (LWOB)........... 23 24 Law Clinics and Research Institutes Columbia Law Human Rights Institute (HRI)....... Harvard International Human Rights Clinic (IHRC).... Columbia Center on Sustainable Investment. 27 26 28 3
BACKGROUND Suma Justeco Suma Justeco means Global Justice in Esperanto. For decades the creation and adoption of global justice mechanisms have lagged behind the rapacious expansion of global resource markets. This lopsided development track has left rural regions of the global south at the mercy of Multinational Corporations (MNCs) who stand unchecked by regulation or law. Suma Justeco seeks to pioneer an alternative systems-change approach: integrating diverse legal and policy strategies to defend marginalized communities suffering from environmental devastation imposed by irresponsible extractive industries projects, advocate for peoples displaced by massive land grabs perpetrated by corrupt governments in collusion with powerful corporate interests, promote inclusive economic growth policies that generate widely shared benefits instead of inequality and social exclusion, and oppose catastrophic climate injustices that are destroying the planet and decimating livelihoods worldwide.
This document seeks to establish the organizational landscape or ecomap into which Suma Justeco is entering and to provide guidance for those seeking to enter or understand the field of non-profit environmental law. The following organizations have been selected and analyzed based on their potential for: partnership, funding, legal support, networking, and research. Transnational: Extending across national boundaries. Suma Justeco focuses on environmental and social abuses that involve crossing national borders. Multi National Corporation (MNC): A corporation that has dramatically exceeded the physical bounds of its home state. MNCs (especially in the extractive industry sector) are the most common targets of Suma Justeco. International Finance Institution (IFI): Large development banks such as The World Bank, or International Monetary Fund (IMF). They often finance massive transnational development projects some leading to environmental and human rights abuses. Environmental Impact Assessment (EIA): An official report detailing the environmental impact of a given development project. Foreign Direct Investment (FDI): Control or ownership of business enterprise in one country by a company or investor from a different country. Glossary of Terms 4
! ! A list of COMPARABLE ORGANIZATIONS Complementing and Adding Value to Existing Organizations Transnational social and environmental justice is a budding field; nevertheless, several small trailblazing organizations with comparable missions exist. Suma Justecos efforts would compliment these organizations overarching mission goals as well as their daily activities. The following organizations are highlighted for both their similarities to Suma Justeco, as well as how they might assist one another. 5 assists communities around the world to defend their environmental and human rights Year of Registration 2009 Primary Office San Francisco, California, USA Region of Focus Anywhere IFI projects exist Net Assets - 2011 $105,697 Human Resource Capacity (4) Full time staff (2) Law fellows (2) Interns Accountability Counsels (AC) primary focus is providing lawyers for people harmed by internationally-financed projects. It specializes in pursuing complaint mechanisms for projects funded by International Finance Institutions (IFIs). The AC utilizes complaint mechanisms and provides guidance to people affected by the following IFIs: African Development Bank (AfDB) Asian Development Bank (ADB) Equator Principles (EPs) European Bank for Reconstruction and Development (EBRD) Inter-American Development Bank (IDB) International Finance Corporation (IFC) Multilateral Investment Guarantee Agency (MIGA) Overseas Private Investment Corporation (OPIC) OECD National Contact Point of the US (US NCP) UNDP Accountability Mechanisms UN Guiding Principles for Business and Human Rights The World Bank The AC utilizes the pro-bono services of law firms and law school clinics when pursuing these accountability mechanisms. The AC also takes a particular interest in womens issues and employs a Strategic Support campaign which seeks to enhance strong local voices for the purpose of lodging complaints on behalf of their own communities. Bank Facing Mechanisms: the AC features a bank advocacy campaign through which it engages in dialogue with IFIs in order to strengthen accountability practices and the revision of policies. Potential interactions with Suma Justeco: When the AC discovers a case which is inadequately addressed by IFI complaint mechanisms or falls outside of ACs operational realm, it can refer the case to another organization with a different toolkit. ACs afflicted communities could be supported by using Suma Justecos other accountability mechanisms such as anticorruption laws or social performance requirements . - www.accountabilitycounsel.org 6 Works to strengthen and use international law and institutions to protect the environment, promote human health, and ensure a just and sustainable society Year of Registration 1989 Primary Office Washington DC, USA Satellite Offices Geneva, Switzerland Region of Focus USA (Sub)Arctic zones South America Net Assets - 2013 $987,456 Human Resource Capacity (18) Staff (3) Pro bono servicers (24) Interns & law fellows With its staff of international attorneys, CIEL utilizes advocacy and support strategies in order to strengthen international laws and institutions with the aim of improving environmental protections, human health, justice, and societal sustainability. The relevant issues covered by CIEL include human rights, the environment, International Finance Institutions (IFIs), and community law. Early Opportunity Lawyer-in-Training Program: CIEL conducts a joint research and teaching program with The American Universitys Washington College of Law. The LIT program offers internships and fellowships with a focus on international and comparative environmental law. Suma Justeco will likewise provide up-and- coming legal training, but to fresh law school graduates rather than to interns or fellows. Advocacy Mechanisms: Active advocacy and dialogue with IFIs in regards to strengthening their accountability practices and revising specific policies. It also engages in dialogue with national governments regarding environmental laws and participates on panels and commissions with environmental goals. Potential interactions with Suma Justeco: CIEL is selective and limited in the client communities it represents. It could, therefore, refer cases to Suma Justeco which seem like good pilots for new transnational litigative mechanisms. - http://www.ciel.org/CIEL_Our_Work.html 7 A global alliance of attorneys, scientists and other advocates collaborating across borders to promote grassroots efforts to build a sustainable, just future Year of Registration 1989 Primary Office Eugene, Oregon, USA Region of Focus Worldwide Net Assets - 2011 $1,440,474 Human Resource Capacity (14) Full time staff (7) Fellows Primary focus: challenging environmental abuses and seeking to build a worldwide group of skilled and committed advocates who can protect ecosystems and communities in the future. ELAW supports strong local lawyers from low-income areas who are committed to protecting the environment in their home countries - building local capacity to protect the global environment. Scientific Analysis Tools: E-Law has staff scientists qualified to check the validity of Environmental Impact Assessments (EIAs) and provide scientific testimonies. It also hosts community workshops to teach affected community members skills such as collecting and analyzing contamination samples, which foster a better understanding of the toxic effects caused by extractive industry projects in their communities. EIA Law Matrix: A growing database of Environmental Impact Assessments (EIAs) from around the world. This database provides valuable information for assessing transnational grievances, and provides a tool for comparing legal standards and procedures across various regions. Potential interactions with Suma Justeco: One of ELAWs six major initiatives is Strengthening Organizations: ELAW helps advocates launch and strengthen organizations dedicated to pursuing justice and protecting the environment. Suma Justeco fits this description and could correspond with ELAWs local legal representatives within this context. These representatives can assist Suma Justeco in launching transnational litigations, or participating in whichever accountability mechanism is deemed appropriate. For example: if an E-LAW supported lawyer discovers a bribe from a US registered company to a local government official in relation to a land-grab or extractive industry project, Suma Justeco could use local attorney assistance to file a case under the Foreign Corrupt Practices Act (FCPA). - www.elaw.org/about 8 Uses the power of law and the strength of partnership to protect peoples health; to preserve magnificent places and wildlife; to advance clean energy; and to combat climate change Year of Registration 1999 - Earthjustice (1971)- Sierra Club Legal Defense Fund Primary Office San Francisco, California, USA Satellite Offices 30 offices spread around the various states of the USA Region of Focus USA Canada (in relation to US) Mexico (in relation to US) Net Assets - 2013 $50,701,080 Human Resource Capacity (93) Attorneys (201) Staff Primary Focus: Earthjustice conducts US based litigations for cases brought to them by the Natural Resource Defense Council (NRDC) and affected community members. It primarily uses US based laws such as The Clean Air Act, The Clean Water Act, The National Forest Management Act, and The Natural Environmental Policy Act to achieve its goals. Earthjustice is a US-centric organization but they also do extensive bilateral work with neighboring countries like Canada (Tarsands) and Mexico (Gulf of Mexico Contamination). However, they have also begun to join the global discourse in cases of extreme environmental abuse in Central and South America (such as the la Oroya case in Peru). Main Tool: Litigative representation for groups who bring cases against US government agencies - some of which are inherently transnational, such as the US Export-Import bank. The US ExIm bank provides funding to international extractive industry projects that serve US companies or interests. Individual, Community, and Organizational Representation: Earthjustice has legally represented a diverse body of clients ranging from affected individuals to groups of NGOs and everything inbetween. Potential interactions with Suma Justeco: The USA has one of the strongest legal frameworks for environmental protection in the world. If Suma Justeco brings any sort of transnational litigations to US courts, Earthjustice could be instrumental in assisting SJ lawyers to navigate the legal intricacies of US environmental law and get accountability from American listed MNCs operating abroad. Suma Justeco could, in return, provide guidance in the realm of transnational litigation for Earthjustices western hemisphere trans-border development cases. - http://earthjustice.org/about 9 The power of law and the power of people in defense of human rights and the environment Year of Registration 1995 Primary Office Washington DC, USA Satellite Offices Chiang Mai, Thailand Lima, Peru Region of Focus Latin America Southeast Asia Worldwide (Amicus Curiae) Net Assets - 2013 $6,338,930 Human Resource Capacity (51) Staff (14) Co-counsel Primary Focus: ERI is one of the only organizations filing transnational litigations against socially/environmentally abusive corporations in their home states. It generally does this using the Alien Tort Statute (ATS) and amicus curiae briefs. In addition to its litigation efforts, Earthrights documents human and environmental rights abuses and organizes local community activists. Their litigation cases are usually brought to US courts, and are levied against governments and MNCs who are allegedly conducting social or environmental abuse. Direct Community Representation Component: ERI has a client- centric approach and directly represents plaintiff communities in a US court of law. Suma Justeco will likewise use the home courts of capital-exporting countries to pursue socially and environmentally based litigations as one of the tools in its repertoire. Pro-Bono Legal Component: ERI has support from The Cooperating Attorney Core who donate their time to ERI's various legal activities including: conducting legal research, drafting amicus briefs, working on human rights and environment class action suits, and other lawsuits. Suma Justeco plans to use a similar pro-bono legal support component. Potential interactions with Suma Justeco: The backbone of ERIs transnational litigation effort is the Alien Tort Statute. Unfortunately the ATS has been rather unsuccessful in winning accountability due to a presumption against extraterritoriality among other reasons. Suma Justeco seeks to reinforce transnational litigation by pioneering tactics based outside the ATS, such as conversion claims and SEC filings. Once these new tools are effectively pioneered by Suma Justeco for use in transnational social/environmental abuse cases, they will be available for ERI to use as well. - www.accountabilitycounsel.org 10
! ! Sources of INNOVATIVE FUNDING New Methods; New Funding Models Traditional funding models such as grants and private donations are useful for seed funding but become burdensome as organizations grow. Suma Justeco seeks to transition away from traditional competitive funding, and towards a more innovative and participatory crowd funded model. 11 Innovators for the Public Method of Funding General funding pool is made Pool is distributed to fellows Eligibility Being a social innovator Passing Ashokas review Noteworthy Mechanisms Networking opportunities Living stipend Ashoka provides start-up financing and professional support to their projects from start to finish. Hopeful social entrepreneurs go through a rigorous review process and, if deemed promising (by Ashoka), are taken on as fellows. Ashoka is unique in that it offers more than just money; it works to keep its social entrepreneurs well connected and supplied with everything they need to succeed. As an emerging entity, SJ is in need of assistance and networking. It also seeks to utilize networks (such as the Ashoka Hub) where a diverse group of individuals, companies, and organizations can congregate over a specific case or issue. These hubs render valuable connections and are useful for coordinating the many tools and organizations involved in a transnational accountability effort. Ashoka raises funds, primarily online, and distributes them to social innovators as living stipends for up to 3 years - allowing them to work on their social innovation full-time. - www.ashoka.org 12 The place to discover, support and organize campaigns Method of Funding User made campaign pages Online donations Eligibility Partnership with a 501(c)3 A specific campaign Noteworthy Mechanisms Low cost Highly specific funding Causes serves as a platform for both donors and campaigners to network, build campaigns, and raise/give money for issues they care about. All of the content (campaign information) is user created. A user acts on behalf of a non-profit to raise money, either for that organization in general or for one of their specific activities. This allows campaigns to be run by people who are not actually employed by the organization, and need not even be official volunteers. Anyone can run a campaign for a registered non-profit. Suma Justeco could benefit greatly from such an arrangement, as it is not in a position to hire/train campaigners. It could even act as a campaigner for a partner in a transnational development case as a way of gaining traction before it receives a 501(c)3 status. - www.causes.com 13 Loans that Change Lives Method of Funding Loans are given via web-lender Disbursed by field partners Refunded into Kiva account Eligibility Persons from the global south without access to finance Noteworthy Mechanisms Partnership with microfinance institutions and small businesses Specific projects - Lender Choice Kiva is a crowd-sourced interest-free microfinance platform which connects private lenders to business owners so that they can create or scale existing enterprises in the global south. Tools: It uses field partner organizations such as microfinance institutions, socially responsible businesses, and nonprofits to facilitate the loan and help borrowers display their project on Kivas website. Interest paid on the loan is used to pay for the partner organizations services - Kiva does not take a cut. Relation to Suma Justeco: SJ will use a platform similar to the one used by Kiva, but based on donation to a particular case rather than the microfinancing of a small business or individual. Donors will likewise be provided intimate details of Suma Justecos cases, and can choose which project to support. Like Kiva, cases will be categorized by region & issue, and donors will be kept up to date on news and progress. - www.kiva.org 14
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global movement working together to advance social justice through human rights Issue of Focus Human rights: Economic, social, & cultural Network Structure Flexible Supportive Decentralized Relevant Specialties Thematic working groups: Corporate accountability Adjudication ESCR-Net uses its international network to facilitate joint actions, enhance communications and build solidarity across regions. It works to strengthen the field of human rights, specifically economic, social and cultural rights, by developing tools for their promotion, protection and fulfillment. The network structure is flexible, supportive, and decentralised in nature. at the urging of its members, ESCR has compiled a robust set of tools and resources for human rights monitoring and advocacy. These toolkits are made widely available to the members of the network. ESCR-Net also organizes thematic working groups which build capacity for organizations, activists and other actors such as women, marginalized groups, social movements, and social justice groups. The Corporate Accountability Working Group (CAWG) seeks accountability for human rights violations perpetrated by both governments and corporations. It advocates for the home states of transnational corporations to fulfill their extra-territorial obligations and regulate the activities of their corporations. CAWG advocates for corporate accountability standards and builds collective transnational capacity to challenge systemic patterns of corporate abuse. The Working Group on Adjudication promotes strategic litigation at the domestic and international levels as an effective tool to ensure accountability for violations of Economic Social & Cultural Rights (ESCR) Suma Justeco would fit nicely into a number of ESCR nets working groups, specifically its Corporate Accountability Watchdog Group (CAWG) and The Working Group on Adjudication. Corporate accountability is one of the core goals of SJ, and litigation (adjudication) is one of the tools in its toolkit. The Adjudication Working Group could further Suma Justecos own efforts by identifying cases which are appropriate for the piloting of SJs innovative transnational litigation strategies. -www.escr-net.org/cat/i/1372 16 Legal empowerment of the people as a path to justice Issues of Focus Delivering quality legal aid Community land rights Environmental law The right to citizenship Essential service provision Network Structure Open membership Supportive Open source content Relevant Specialties Legal aid 2.0 program Namati is an organization which convenes an international network of practitioners for the purpose of advancing justice. It runs a formal network with a number of robust functions to assist its member base, including: a publicly accessible compendium of legal empowerment tools, and the hosting of workshop sessions, forums, working groups, networking spaces, trainings, scholarships, and regional meetings. In addition to moderating the Namati network, the organization also partners with community paralegals and grassroots activists. The paralegals use advocacy, mediation, community organizing, and education to assist citizens in discovering concrete solutions to instances of injustice. Community paralegals are close to the communities in which they work and they are able to deploy a flexible set of tools. Namati is also connected to group of lawyers and entertains the possibility of litigation if local frontline methods fail. Namatis community land rights protection program is proactive (seeking to establish land rights) as opposed to Suma Justeco which is retroactive (seeking redress for abuse of land rights). So, although direct partnership opportunities on land rights are limited, Namati can provide cases where their land-rights efforts are being abused by multinational corporations. In such cases, Namatis legal aid 2.0 paralegals could prove valuable local partners for Suma Justecos law students and pro-bono attorneys seeking to conduct transnational accountability efforts - especially in the realm of environmental enforcement. -www.namati.org 17
! ! PRO BONO CLEARINGHOUSES Pairing Legal Needs with Legal Experts Suma Justecos efforts require legal support and partnership from a diverse range of experts. A major challenge to relying on outside counsel is connecting with advisers and partners with the necessary skill sets. Pro Bono clearinghouses act as matchmakers; they connect Suma Justeco to pools of attorneys, paralegals, and legal researchers with the specific knowledge needed for each case. 18 Ensuring that legal support is available for all those involved in the fight against poverty Year of Registration 2004 Issues of Focus Millenium development goals Region of Focus Worldwide Matchmaking Method Dev. org. makes a legal request A4ID shows request to lawyers Lawyers decide to undertake Organizational Requirements Must be approved by A4ID Must be serving the MGDs The goal of A4ID is the congregation of legal, academic and development communities to focus on questions of international development. A4ID limits its support to groups explicitly furthering the agenda of the Millennium Development Goals (MDGs); all development partners must be working toward one of the MDGs. (the MDG most closely relating to Suma Justeco is MDG#7: ensuring environmental sustainability) Legal advice is provided to development partners, but A41D doesnt engage communities on the ground or provide them with direct legal services. A4ID furthers its goals by using a brokerage portal to connect pro bono lawyers with cases being worked by its development partners. All development partners must be approved by A4ID before they can receive support. A4ID also works with its development partners to hold events and spread awareness about the role that law plays in international development. These events can range widely in topic and have included: banking/tax law, microfinance, best practices, research projects, climate change, and corporate partnerships. Suma Justeco could potentially become a development partner if A4ID is convinced that SJ is actively pursuing MDG#7: ensuring environmental sustainability. Once made a development partner, SJ could us the brokerage service to seek pro-bono support for environmentally damaging transnational justice cases. However, SJ is not a strictly development organization per se, so its approval is less than certain. - http://a4id.org/about-a4id 19 Connecting the pro bono community Year of Registration 2009 Issues of Focus Cross jurisdictional collaboration Region of Focus India Matchmaking Method Member makes a profile Member posts/reviews offers Member makes direct contact Organizational Requirements Must provide/request the services of a lawyer/academic i-Probonos central focus is using an online network to connect organisations in need of legal assistance with lawyers and students seeking to use their own legal skills for the public good. The network is an innovative user operated social-media style platform which is open to a wide range of organizations including: charities, social enterprises, international NGOs, advocacy groups, and grassroots groups. It links student researchers to relevant projects and legal experts to organizations seeking counsel. Unlike many other pro-bono clearing houses, i-Probono isnt focused around any sort of central theme or goal. i-Probono has a number of features which open the door for more individuals and groups to participate, such as: being user operated, allowing for a variety of organizational types, not requiring an initial review, and not requiring specific performance standards from partners. Because i-Probono has low hurdles for entry and can provide both researchers and legal advisors, it could be a valuable resource for support during Suma Justecos infancy. - www.i-probono.com 20 Year of Registration 1997 Issue of Focus Legal justice & human rights Region of Focus Hungary Russia China Matchmaking Method NGOs are screened by PILnet Legal requests made by NGOs Partnered lawyers choose a case PILnet continues to facilitate Organizational Requirements Organization must be an NGO PILnet is an organization dedicated to developing the legal landscape of justice and human rights through networking and education about the legal field. PILnet actively moderates its own pro bono clearinghouses. These function by receiving requests from NGOs, and then presenting those requests to their network of lawyers who can then choose cases based on interest. (PILnet coordinators serve as a conduit) Services are available only to NGOs, but a 501c3 status is not required. In addition to its networks, PILnet runs an International (and various national) Fellows Programs. Fellows are nominated by local NGOs to become PILnet fellows and undertake skillbuilding and project planning workshops. Fellows return to their local NGO at the end of the program to implement the project developed during their fellowship. PILnet also assists law-schools to advance their methods, curriculum, skill-building workshops, and resource dissemination. PILnet can be a useful resource for SJ because it maintains a regulated clearinghouse which is accessible by non-501c3 NGOs. (SJs current legal status) However, since the network is concentrated in select regions, it depends greatly on SJs pilot case selection. Justice needs advocates -www.pilnet.org 21
! ! Organizations that Offer LEGAL SUPPORT Direct Legal Assistance Direct legal assistance is provided by organizations with lawyers on staff which work directly with NGOs at a pro-bono rate. They have their own set of values and mission statements; some of which closely correlate to the values of Suma Justeco. The following are examples of Legal Support organizations which are conducive to partnership with Suma Justeco. 22 ISLP assists governments, non-governmental organizations and other institutions working to build legal capacity and to advance the rights and well-being of their citizens Year of Registration 2000 Issues of Focus Human Rights Equitable Development Rule of Law Primary Office New York Other Offices Paris London Legal Capacity (2012) (96) Law Firm Volunteers Terms of Service Client must be serving one of ISLPs issues of focus (above) The primary function of the ISLP is to mobilize senior counsel with diverse expertise, particularly in commercial and corporate law, to offer pro-bono support to cases and issues in the global south. It assists its clients (governments, non-governmental organizations, and other institutions) in building legal capacity and advancing the rights and well-being of their people. ISLP connects active and retired volunteer lawyers to clients (and the communities which they represent) in less developed countries for cases involving human rights, equitable economic development, and rule of law. ISLP uses a number of mobilization tools including technical assistance, capacity building, training & mentoring, legal research & analysis, and direct legal counsel. One particularly relevant tool is Public Interest Litigation (PIL) for communities which have fallen victim to land-grabs. ISLP offers these communities counsel in contract (re)negotiation, environmental law, and land ownership claims. How it could interact with Suma Justeco: ISLP links its law firm volunteers to NGOs that are conducting legal advocacy for human rights in the global south. SJ is an aspiring NGO in need of legal support for addressing transnational human rights injustices. ISLP was specifically formed to support organizations like SJ; organizations which align with their issues (in this case: Human Rights). Since ISLP cases need not be strictly environmental in nature, its in a position to provide legal support to SJ for cases that environmentally oriented pro-bono suppliers would not - cases like land-grabs or mass human displacements caused by transnational development projects which are not environmentally harmful. - www.islp.org 23 Crossing borders to make a difference Year of Registration 2000 Issues of Focus Corruption Civic rights Land title conflicts Primary Office Hartford CT, USA Legal Capacity In-house volunteer lawyers Terms of Service Must be an NGO Must pass LWOB application Must keep contact with LWOB as facilitators to the partnership Lawyers Without Borders (LWOB) works to protect the integrity of legal process, serve the underserved, and promote the culture of pro bono counsel in the legal field. LWOB develops programming, builds capacity, and provides technical assistance in developing and post-conflict regions. It helps lawyers develop skill sets in the areas of trial advocacy and human rights in developing sectors. It acts as a neutral observer for trials, conflict scenarios and detention facilities. It also conducts a variety of development workshops on subjects such as mediation, community outreach, civic education, research, and technical assistance. LWOB is not a clearinghouse; it launches collaborative projects using lawyers and law firms which are guided by detailed Task Memos and TOR (Terms of Reference). It utilizes its own in-house lawyers to provide personal program oversight and management of each case - start to finish. LWOB could engage Suma Justeco by pairing it with legal counsel for cases involving land-grabs (Land Title Conflicts) or embezzlement of canons from extractive industry projects (Corruption). Its services are especially valuable because it provides support throughout the entirety of the case, rather than just playing legal matchmaker at the onset. - www.lwob.org 24
Relevant LAW CLINICS & RESEARCH INSTITUTES Solid Theory; Solid Practice Many of the finest universities, think tanks, and law clinics have special research divisions which are highly relevant to the work of Suma Justeco. The following institutes have been identified as ideal partners for exploring theoretic legal frameworks and for the outsourcing of research projects. 25 A focal point of international human rights education, scholarship and practice at Columbia Law School Location New York City NY, USA Relevant Issues of Focus The global economy Activities and Projects Extractive industries Tea plantations The Human Rights Institute (HRI) pursues human rights litigation and advocacy, often in partnership with grassroots organizations as well as international NGOs. The HRI has a Global Economy initiative with a well developed Extractive Industry component. This component conducts research and advocacy aimed at addressing the so-called resource curse with an angle towards bolstering democratic engagement and ensuring the accountability of governments and investors. It has conducted a comparative analysis of mining contracts and enforcement mechanisms around the world, as well as an extensive research project investigating industrial mining in the DRC. Relation to Suma Justeco: Because the HRI is specifically addressing human rights from a potentially litigative angle, it is well suited to provide law students and fresh graduates who are equipped to pursue transnational accountability cases; including human rights abuses. Suma Justeco can also submit research requests to faculty and students of the Global Economy initiative on topics and events that relate to Suma Justecos cases.
- web.law.columbia.edu/human-rights-institute 26 Working to protect the human rights of clients and communities around the world Location Cambridge MA, USA Relevant Issues of Focus Alien Tort Statute (ATS) Business and human rights Human rights & environment Activities and Projects Amicus curiae briefs Multi stakeholder initiatives The International Human Rights Clinic (IHRC) has ongoing projects in the realm of human rights and the environment - many of which are transnational in nature. Current projects include an investigation of the violence and environmental/health problems associated with the Porgera mine in Papua New Guinea, and a documentation of the long-term effects of gold mining on community and environmental rights in South Africa. Alien Tort Statute (ATS): The Clinic has played a role in ATS litigation since 2004 by serving as co-counsel in several major cases, regularly filing amicus curiae briefs, providing extensive legal research, offering fact-finding support, and giving strategic guidance. Pro Bono component: As a condition for graduation, Harvard Law School requires all J.D. students to complete at least 40 hours of pro bono legal work. The clients represented are: people who cannot afford to pay for legal services, non-profit organizations as defined under IRS sections 501(c)(3), or marginalized individuals/groups whose rights are in danger. Relation to Suma Justeco: the ATS has been one of the primary litigative tools for transnational accountability, and the IHRC can provide SJ with good counsel as to how this statute is best utilized and where it has proven ineffective. Because of its focus on Human Rights/the Environment and its required pro-bono component, Harvard law school is in an excellent position to provide law students with substantial expertise on issues relating to Suma Justecos cases. In return, these students will receive both excellent real-world experiences and will fulfill one of their graduations requirements. -hrp.law.harvard.edu/clinic 27 Developing practical approaches for governments, investors, communities and other stakeholders to maximize the benefits of international investment for sustainable development. Location New York City NY, USA Issues of Focus - Investment in: Extractive industry Land and agriculture Law and policy Activities and Projects Research Policy and advisory work Multi-stakeholder dialogue Teaching and curriculum devt Resource and tool development The Columbia Center on Sustainable Investment (CCSI) is a research center dedicated to the study, practice, and discussion of sustainable international investment. It specifically addresses issues which arise from large scale Foreign Direct Investment (FDI) in the extractive industry sector. The center works with governments, the private sector, and communities to formulate and implement practical strategies to support a mutually beneficial sustainable transnational investment framework. CCSI does research and reviews policies in the extractive industry sector with the idea of improving or building new policy frameworks in the future - not seeking accountability for violations of existing policies. Its programs include interdisciplinary research, advisory projects, multi-stakeholder dialogues, educational programs, and the development of resources and tools. Potential interaction with Suma Justeco: While it goes about conducting in-depth research on topics such as complaint mechanisms and contract clauses, CCSI undoubtedly encounters environmental and human rights violations which it cannot address in a justice-seeking context. It will instead refer these cases to Suma Justeco while continuing to focus on policy frameworks and other forward facing mechanisms. Suma Justeco can also utilize The Centers robust research on accountability mechanisms and, in return, provide it with data and information relating to its cases. -ccsi.columbia.edu/about-us/our-mission 28