Legal Aid- Woohoo

I am putting together an application for a blogging competition and I took a look through old blogs. My sister tell s me to be more positive about the work that I have put out and my experience in Swaziland as a whole- not in terms of my enjoyment but in terms of my achievements.

So in reflection, I realise that there is a huge project that I have not written about. This project took up my energy for most of November and early December.

In Swaziland there is no legal aid. The Government doesn't have the money for it, and Swaziland is not a socialist state generally. At the request of a few legal persons in the country, I started to think about what the steps are for establishing legal aid. Step 1- what would legal aid look like, especially funding wise. In order to get that done there needs to be a feasibility study. So early November I began liaising like I have never done before, between the UN offices and the Government offices, in order to gain support for a study to be completed.

Fast forward mid December, right when I finished up working with SWAGAA. And the UNDP had secured a lump of money for a consultant to get the work done. Success.

I was then fortunate enough to interview for the position via telephone a few weeks ago. We shall see what happens. It is a hugely big deal for Swaziland. If the study is done properly- with as much support from funding bodies and legal professionals as possible - then the beginnings of legal aid will be-a-happening.

I am proud to be a part of that.
And would love to see it to the end.... for the number of years that it would take

Turmoil and Hope for Swaziland

Faithful readers,

This blog posting should read like an apology posting. I fell off the blog-o-sphere sometime back in November. A combination of tumultuous times and personal achievements marked my sad blogging demise. I learned what it is to fall hard in the small Kingdom of Swaziland, realizing that it was not my imagination making me think that everyone knew what was happening- Swaziland really is that small.

I am reminded of the commonality of the human experience with the tumultuous and hopeful times that Swaziland is going through. I have been virtually glued to the computer with my hourly updates from the Swaziland Solidarity Network as the labour unions called for country wide democracy protests in the spirit of Egypt and Libya. The protests were called off after two days of country wide protest and violent clashes.

I was fortunate enough to attend a talk given by a Swazi human rights lawyer, Thulani Maseko, at Amnesty International, Ottawa office, on the 12th April. Speaking with a 'fellow' Swazi so far from home hits home for me how involved I am in legal reform in Swaziland and just how small the world is. I also realize that I am rather moderately opinion-ed regarding violence as a tool for democratic change. My concerns are with the safety of the average Swazi.

If you get a chance, take a look at this statement from Amnesty International and send away the pressure letter to Swaziland Prime Minister, Dr. Barnabas Sibusiso Dlamini.

Rural Reality

Saturday morning my colleague was going out to a rural community for work with one of the ‘Girls Empowerment Clubs.’ The clubs are in 8 schools in Swaziland, they are an opportunity for girls to get together, learn and discuss issues that affect them. One of the girls in the Ngcoseni High School club had mobilized her co-members to go and help a Go-Go (grandmother) who was living in poverty.

By the time we got to the rural community, Mankayane, the 20 girls had collected firewood for the family. They were waiting beside the pile of wood and the food supplies they had bought with their own money. I have never been involved with the girls clubs, but as soon as I got out of the car I got a hug from every single girl there. Their energy was fantastic.

I do not think that I can properly describe the poverty that was in that homestead without sounding like I am sensationalising the situation. There were two Go-Gos, wearing tight tight belts to silence their hungry bellies, a granddaughter who was lying in bed sick (looked very much like AIDS), and her two children, about 2 and 4, one with no clothes and the older one ashamed of her little sisters presentation, trying to find some clothes for her.

I was designated photographer for the event. The girls were very excited at the possibility of getting their photograph into the newspaper. They cleaned the fire pit, swept the yard, borrowed pots from neighbours, cooked some food and washed the two girls. One of the girls from the club, Samkelisiwe, filled a container with water, washed the 2 year old, was given a dress from her 4 year old sister who was more then willing to take the love and moisturised the 2 year from head to toe. I’ve attached that photograph, which I call ‘Love.’ The experience was simply amazing. We at SWAGAA are working on getting together that story for the newspaper.

Property Rights Again....

This is a link to an article that I provided comments for months ago. I have just found out that it was published also on the UN Refugee Agency website (the UNHCR), which is huge.

Take a look at it HERE. The article is 5 months old now, but still very relevant. I spoke to Doo Aphane a few weeks back about the case, she is a human rights activist and lawyer, who wants to buy a plot of land across the road from her house, and so brought the test case before the High Court of Swaziland. It was her feeling that there is not enough support for the women's right to own property movement, from the feminist activist community in Swaziland.

It is my feeling that too much of the rhetoric surrounding womens rights issues focus on abstract discussions about rights, and less on concrete manifestations of what a stronger framework of rights would mean for a woman. See my last blog post with the link to Just Governance Group writings. Property rights are a key area for the attainment of womens rights.

Awesome: proud of my writing

A link to my latest writing for the Just Governance Group, who are of course doing fantastic work. Take a look through their web page if you get a chance, it is full of interesting work.

For my latest writing peice I wrote about the issue with culture and the adoption of the Sexual Offences and Domestic Violence Bill. Which has still not been adopted. I have a meeting tomorrow with Nonhlanhla Dlamini, the previous director of SWAGAA and now MP. I am hoping she will be able to give me an update on the progress of the Bill. Which has been ten years in the making. Come on.

Kayaking and Absailing

This blog is heavy reading because I tend to focus on the serious stuff. Maybe I am misrepresenting my Swazi Living, especially because the Swazis are very quick to laugh at life. A few weeks back SWAGAA had the staff retreat. We stayed at Hlangano Sun hotel for two nights and had a team building exercise of white water rafting. I went rafting with my co-legal officer, and very good friend. All was going well until we went down the last rapid backwards, bumped into a big boulder which tipped the boat upside down and we then rolled and bumped our way down the remained of the rapids. When I emerged from the water my Maputo bought sunnies were gone. It was a sad moment.

Afterwards I went ABSAILING, which is no small achievement for someone with a sizable fear of heights. I took about 15 minutes to actually walk down the side of the rock (which was overlooking the rapids by the way), after stalling in very creative ways: ‘Is there someone waiting for me at the bottom?’….. ‘So is he aware that I will be coming?’…. ‘What is his name?’

I’ve posted some not too flattering pictures for proof.

Swaziland Sign...

At the top of the Eiffel Tower.

Just wanted to share this sign with folk. My little sister went to Paris this Summer and took a picture of this sign for Mbabane, the capital city of Swaziland about 20 minutes away from my office in Manzini.

Small small world.

Stories

Stories. I have lots of little stories, random things that happen during the day, small incidences that build upon each other and before I realise it, together they have created a greater understanding of the world I am living in.

Take last week. I had a detailed work plan for the week, a host of trial cases which I was to follow. The aim for the week was to test the M & E form that I have drafted and begin the baseline studies on the procedural aspects of trial cases at the Magistrates Court. I discovered on Monday morning that the chief magistrate was in Singapore for training, so no trials were happening that week.

I sat outside the court house, gathering my thoughts before going back to the office. A young woman was next to me with her daughter, completing some forms. Her daughers name was Letta, a toddler who enjoyed nothing more then sprinting away from her mum towards the car park. After asking how the woman was doing, Sebe asked for some help completing the forms. They were applications for passports for herself and Letta. The entire document was in English and Sebe was embarrassed to say that she was not ‘educated enough to fill them in.’ The forms required details on her next of kin, and a signature from an authority figure to declare they knew her. Of course I completed the forms in full, requiring a Swazi to complete technical English forms without any guidance is absurd.

Walking to the edge of the car park I told Sebe where I worked and Sebe replied, ‘when I need help, I will come to you at SWAGAA.’ Sure enough she came on Saturday morning looking for me, and was told to come back on Monday morning to speak with me. She wanted to tell her story: one of poverty, abuse, struggling to support her daughter and relying on the hands that abuse her to get by. Sebe needs a job.

And someone to listen to her.

She didn’t want to speak to a counselor on Monday, but the counselors here at work reassure me it takes time. This young 22 yr old has reached out to me three times, and I hope that she comes back, tells me how the job hunt went.

Prayers

There was a horrific storm on Saturday night. An awesome storm, in the Ulysses use of the word awesome. It was blowing a gail and the rain was falling so thick that one could not see more then a few metres in front of themselves. I did not go out. Instead I went to bed saying a prayer for someone, I could feel that it was a bad night.

I woke up at half 5 with a phone call from a dear friend whose brother had died in that storm.

I don't really have an observation or Swazi social commentary for this one. Death is a real thing here. My Swazi family and friends make comments about the Swazi national work being the need to attend funerals on the weekend. It is a lesson for me. Most notably in the ability to connect with people, cultural boundaries are not so big when there is a need for them not to exist. I will do what I can to support, knowing that I come into the situation not dealing with numerous bereavements of my own. Perhaps it helps. I am just posting this to ask for prayers.

The Privilege of Information

Freely available information in the name of education is key to progress. I have repeatedly had that reconfirmed to me while working here. Most recently the importance of information was confirmed at the second referral meeting held last week. To refresh; a referral meeting is a chance for all the partners who assist survivors of abuse (such as the police, NGOs, medical professionals, lawyers, etc.) to discuss challenges and successes for the prior two months.

One key partner, a police officer in the Domestic Violence and Sexual Offences unit, informed the group that the crime of rape can only be established if the female victim was a virgin at the time of the attack. This, he explained, was because there was no way for the doctors to ascertain whether the rape had in fact occured.

These comments were drawing nods of interest from listeners. Whilst listening I was weighing up the importance of ensuring that I was respectful towards my Swazi counterparts & did not embarrass my SWAGAA employees, with the need to explain in no uncertain terms that the information being shared was false.

I had to speak out and clarify for the group what the laws on rape and evidence are in Swaziland. In a way I was in a position of responsibility to do so; after almost two months of trying I managed to get a handle of case law from the High Court of Swaziland. In fact, the case law shows that the laws pertaining to rape are far more sensitive to the needs of rape survivors then was being shared with the group. Likewise the medical professionals are far more advanced then he would have led the group to believe. Bottom line in no way does an individual have to be a virgin in order to have her rapist convicted.

The miss-information about the law, even in circles that deal with rape crimes every day, is a direct result of lack of information. It took me weeks, repeated phone calls and a few wasted trips to Mbabane before I could get the information from very helpful but over-worked prosecutors. There is not even a textbook on Swazi Criminal Law.

Which would be a great project for someone to undertake.
Don't know who, I am just saying....

Babies and Tazzering

Yet more delays between posts (that is the line that I seem to be opening my diary entries with most often these days also). But new month, time to turn over a new leaf.

Friday night was a big one. Sitting sweltering hot in the office all day, leads one to go to the local hotel pub, sitting in the outside bar having a white wine spritzer (I've been listening to too much Lily Allen). Later in the night we ended up at 'Tinkers,' an outdoor nightclub. Which completely lives up to the Scottish understanding of the name- Tinkers is not the classiest club and it comes to a certain time of night when one has to clear out. That time came on Friday night when a man runs towards the exit gates with some women running after him, the man just managed to get through the exit when the guard caught up with him and began practicing his tazzering skills.

Driving through the back streets of Ngwane Park, we see a woman with her back to the road, sitting in a red satin negligee. We get out to see what is happening, her hair is disheveled and her face looks a little messed up, though i can not tell if these are old or new scars. The woman tells us that she has just had a baby. Just then a man comes stumbling up the road with a blanket for them both, they had been waiting outside for 30 minutes for the ambulance to come. Its a huge blessing that no one attempted to cut the umbilical cord. As we drive towards the main road, gooey baby girl with her small cries, mother and confused father in the back seat, we passed the ambulance, but didn't stop and drove straight to RFM hospital.

The attendants said Mother and baby were both going to be OK. While in the hallway waiting for confirmation of this, before heading home, my friend started telling the father that, 'you know, you musn't be scared. Women are strong, it's amazing. That is why you must respect women always.' To which the new father replied, 'yeah, thanks. I think I am going to go and have another drink now.' I am happy to say that the male nurse shut down this notion pretty quickly, basically ordering the father to remain and check up his new baby.

I don't know what had happened between the parents. My friend and I have our assumptions, perhaps I am projecting my knowledge of life in Swaziland onto these two people. The enormity of the situation; the small blessing that no one attempted to cut the umbilical cord; that the birth was straight forward; that maybe that gentleman has taken in a few words of respect for women that he will pass onto the mother of his child and that those words of respect will then permeate into every aspect of the girls life; that I had the opportunity to meet such a young female life with all the possibilities and challenges that girls face, before her. These thoughts have been with me since Friday night, and yet my host Make (mum) was not surprised at the whole situation. Simply commenting that it was nice of us to take them to the hospital.

Umhlanga: The Reed Dance

Like I said on my last post, I have been out of the country. My trip out of Swaziland happened to coincide with one of the busiest weekends of the year: the Swaziland International Trade Fair, the 2010 Common Market for Eastern and Southern Africa (COMESA) Summit and the Annual Reed Dance were all held over the weekend of the 28th August. The Reed Dance is a traditional three day event which involves 'maidens' walking overnight to collect reeds for presentation before the king. After rows upon rows of girls present themselves before the king, by dancing in their traditional attire, the King traditionally takes another wife at the dance.

For me, being out of the country was good timing. Watching an estimated 80,000 girls parade in front of the king in nothing except a slither of material around the waste and scarf band ornaments around their neck, is not something that I can reconcile with my belief systems. Thinking about the whole situation makes me uncomfortable, it is no coincidence that it has taken me two weeks to write about it (and I wasn't even in attendance). My friend who unlike myself had the courage to attend the event, was left with a sense of there being a overwhelming number of body parts on display and a huge concern for the vulnerable situation that the girls are placed in. The vulnerabillity is no joke: 80,000 girls un-supervised for three days, in very little clothing, with only a handle of male Tindvuna (guardians) to watch them. But as one Tindvuna reassured the 'Times of Swaziland,'(Page 11, Wednesday, September 1st 2010, 'Taking Care of the Imbali is Our Duty, We Enjoy It'):

The maidens are under control this years as compared to the past years where they would run away to consume alcohol and become scandalous.

The COMESA summit and the Reed dance being on the same weekend provided a happy chance for African heads of state to gather to witness this 'cultural event.' Within Swaziland there was no negative coverage or even insightful discussion about what the event means for girls growing up with such a patriarchal practice. In the Zimbabwe news one activist with a children's organisation reports on the practice of raping virgin girls in the belief that it will cure a HIV/AIDS infection and recognises that it was

disheartening that heads of state – who were better positioned to spearhead perception change in society – would gather to “feast on naked young women under the ruse of upholding culture”.

For full story see here. Article courtesy of Swazi Media Commentary.

I have read widely and spoken to a lot of people to get a sense of the reed dance event. After all, at the end of the day, I was not in attendance. Perhaps watching the girls bonding at the event would present me with a different view of the world and other cultures. For now I let my thoughts on the dance be guided by the words of President Mugabe, one of the COMESA dignitaries in attendance at the event who said of the event (The Times of Swaziland, 'President Mugabe Praises Umhlanga,' pg 2, Wednesday, September 1st, 2010):

I wish all other countries were like this and there is no other country which has this kind of a cultural activity where the future wives to husbands are groomed and taught in such a manner.

South African Friends

I went to SA for a week and fell absolutely in love with elephants. I got to know them twice, firstly at an animal sanctuary. There were five elephants at the sanctuary all of them were rescued from circus'. Then I saw many many at a safari park I went driving around (yes I drove). I saw a family walking down the mountain, just dark grey rock like shapes, slowly slowly moving. They came the whole way down the mountain, directly for the car, becoming less rock like with each plod and then dissappeared below the ridge. Funny how animals that size leave no trace, a car coming up the road just 5 minutes later would have no clue the elephants were 20 metres away.

Crossroads article

Ive been busy, so no blog posts. One of my recent ventures is an article that I wrote for the September eBulletin for Canadian Crossroads International (my fabulous support for being over here in the first place).

Here is the link for my article itself- Six Months with a Legal Clinic in the Kingdom of Swaziland.

Terrible picture of myself. I need to think about getting a new one to put out and about. I am rather proud of my work. And see below for a copy of

This article was originally published by Canadian Crossroads International in its September Ebulletin. Click here to read the full issue.

Swaziland's Burning

It is close to growing season in Swaziland, therefore one needs fallow fields. So the locals set fire to their fields. Driving through Swaziland a few weekends ago was like driving through something from Lord of the Rings, when the wee green elve thing is getting in the way of the heroic half man with those ears.

My friend took a few pictures of the burning fields. They don't show you much, but I am feeling artistic. Or maybe it is the Vawter talking.

Meeting with the Director of Public Prosecution

After three weeks of phone calls and a letter sent a month before that, I finally got to meet the Director of Public Prosecutions. The delay in meeting with her was not a surprise, things take time here. I can comfortably speculate that this is because of the lack of legal professionals in the public prosecutions service; The Swaziland Times has a weekly comment on the understaffing of the legal services, we especially need more judges at the Magistrate courts and the High court. The meeting was a chance for me to discuss the court watch programme with the DPP and if things went well, gain access to the public prosecutors library to get case law information. I am pleased to report that the meeting went better then expected. The DPP was totally on board with the aims of the programme, she could see the connection between the court watch programme and the eventual establishment of legal aid in Swaziland.

After a few weeks of reading and looking at the situation in Swaziland, I would advocate for the establishment of legal aid as being perhaps the single greatest possibility for the protection of countless number of women and childrens’ rights in Swaziland. Actually, I think I formed this opinion within a few days of landing, but decided to observe for a little bit in order to substantiate my thoughts. In the legal clinic at SWAGAA we have run out of funding that we would use to assist individuals who clearly have a legal claim, but no means to pay attorney fees. Currently therefore we can provide basic legal advice, reassure women that they don’t need to stay in the abusive relationship, that they can obtain a divorce and maintenance from abusive spouses, but, ‘er, sorry, SWAGAA doesn’t have the money to help you, you will need to find 2500 Emalangeni to pay a lawyer to assist you with that divorce.’

I am also surprised to find myself a proponent of legal aid in order to support the defendant through out the legal process. In my short time in Swaziland I have been in far too many court rooms where the defendant just does not understand what is happening; they don’t speak English, they don’t understand the legal significance of the questions they are asked, and in turn, they ask completely inappropriate questions of the survivor when they conduct their own cross examination. In that case that I referred to a few blogs back, with the two child victims of rape, the questions asked of the brave 5 year old just didn’t make sense. They were questions from a person who was not trained in legal jargon, with very little education generally, and yet expected to articulate his questions at the same level as a High Court Judge. To then also require a 5 year to make sense of such questions and respond should not be happening in a professional setting. A whole host of human rights of the different parties were being violated and yet every professional in the court was doing their best to protect the parties involved.

Meeting with the DPP was perhaps one of the strongest positive moments of the court watch programme to date. As is she says too many individuals ‘go without their story being told, and it shouldn’t be that way.’ It is great to know that there are legal professionals in positions of authority who are passionate about the need to strengthen the legal system and understand the ramifications of the lack of representation for all parties.

Having Nothing to Do

I have been sent here to research a court watch programme. To date however 70% of my time has been spent as a fully-fledged legal officer of SWAGAA- meaning I get sent to the high profile government meetings. Take this past week, spent at Orion, and the week before that, spent at Orion. Both meetings were for country programme action plans, firstly for the UNFPA and then this past week for the UNDP. Granted, I got sent to both of these meetings because 'I have nothing to do.' But at both meetings I did SWAGAA proud, getting many, if not all, of SWAGAA's programme's into the country action plans for the next 4 years. This means that when the UNDP decides to start funding the Court Watch programme, which I convinced the room of 30 gender specialists (including the Speaker of Parliament) was essential for combating GBV, well, the Court Watch activity has now become a national priority.

After three weeks of trying, I have in fact, found something for me to do - meet with the Director of Public Prosecutions to explain what the court watch is. The DPP is married to the Attorney General, how is that for a power couple and a half. I will report back about the meeting on Thursday- it feels good to be meeting with the Swazi powers that be.

The picture is just a pretty view from a hotel that I stayed at for a meeting, not Orion, but very nice. I plan to walk the mountains one day, but Swazis are not as hard core about their hiking as Koreans, hiking mountains is a foreigner thing to do. So I have delayed it, instead doing as the locals do (hang out in an outside pub in Ngwane Park on a Saturday night).

 

At the bottom of the hotel in Piggs Peak, there is one of those large chess boards, the pawns come up to my knees. I can not seem to find anyone to play with me. I also have not been able to find a portable version of the chess set to bring home. This will be my new goal whilst in Swaziland- find a portable chess set made up of traditional Swazi figures.

Manzini Bus Rank

 

This is faded SWAGAA public awareness sign hanging over Manzini Bus Rank, with SWAGAAs toll free counselling line number on it (95). It clearly has been there for a while, I am not sure how effective the message is. Actually I am not sure what the message is.

It's the Victims Fault

I'm aware that I write too much and do not put in enough pictures. So this is just going to be a quick one.

A quote from the High Court Judge Justice Bheki Maphalala, spoken in a ruling in a case of the murder of a university student by her boyfriend.

'Its a shocking fairytale of a man who nurtured, nourished, cherished and invested his hope and resources in a woman for a future paradise. This case will forever remain a lesson not only to Mngometulu [the accused] but to all men like him never to commit the same blunder.'

Apparently it emerged in court that the young women 'strayed, forming relationships with other men and generally disrespecting the accused.' The Comment Column of the Times of Swaziland, Sunday, oh so helpfully summarizes how the Judge was simply being fair in his handling of the case:

'On one hand, he not only castigated the man but gave him a custodial sentence, lenient though it was. On the other, he sent a warning to women to always to the right thing in relationships.' (The of Swaziland SUNDAY, Comment, 'A Fair Judgement,' pg. 18, 8th August 2010.)