From Lawyers Without Borders

Strategic Human Rights Litigation in the Caribbean: A Practical Workshop & Manual

“As human rights lawyers and advocates, we are dealing with a special type of litigation that is likely to bring about specific challenges. Such cases are complex and likely to require a case-specific strategy. Their management must satisfy international regulatory standards. In this type of litigation, we cannot start from scratch. There is precedent, based on the experiences gained in the management of past cases, which, although litigated under adverse conditions, led to positive results.” – Strategic Litigation of Human Rights Abuses: A Manual for Legal Practitioners from the Commonwealth Caribbean

Thursday, June 26th, 2014, Lawyers Without Borders Canada (LWBC) volunteers, Mr. Christopher Campbell-Duruflé and Mr. Jean- Sébastien Clément delivered workshops on strategic litigation for human rights non-governmental organizations (NGOs) and lawyers in Jamaica. The workshops were a part of a two-day conference hosted by Jamaicans for Justice. As part of this initiative, LWBC compiled a full-length human rights strategic litigation in the Caribbean context guidebook. Hardcopies of a shortened strategic litigation manual and three copies of the IACHR 2012 report on Jamaica were distributed to conference participants. The purpose of this initiative was to empower civil society to defend the rights and freedoms of all through training in strategic litigation.

Caribbean lawyers have been tackling cases dealing with extrajudicial executions, discrimination based on sexual orientation, violence against women and children, and environmental abuse. Strategic litigation may be used to challenge state accountability and impunity. The strategic litigation conference, guidebook and manual are valuable tools for Caribbean lawyers and human rights organizations. These resources provide insight on litigation practices that will help inform the decisions of human rights advocates on the types of cases that benefit most from strategic litigation, and how to effectively practice strategic litigation.

Jean-Sébastien Clément is a partner in Gowlings’ Montréal office. His practice has focused on aboriginal law for more than fifteen years, with a particular interest for matters pertaining to self-governance, natural resources, education, socio-economic development, administration of justice, environment, lands and health and social services. Jean-Sébastien’s presentation was based on how to effectively use strategic litigation to further human rights issues. He presented practical instructions on how to bring cases before the court, including criteria for selecting cases. He discussed how to develop a successful litigation strategy and he reviewed best practices considerations in strategic litigation. Jean-Sébastien also highlighted useful legal remedies that are available to victims of human rights abuses in the Caribbean.

Christopher Campbell-Duruflé, B.C.L. / LL.B. (McGill), LL.M. (Notre Dame), is currently fellow attorney at the Inter-American Commission on Human Rights, in Washington, D.C. He did his articling at the Quebec Court of Appeal as law clerk to then Chief Justice of Québec J.J. Michel Robert and was admitted to the Province of Quebec Bar in 2010. Christopher is specialised in international human rights law, indigenous peoples rights, and environmental law. Christopher presented on the second day of the conference, June 27th. His presentation dealt with accessing the Inter-American Human Rights System (IACHR). Christopher aimed to increase knowledge of the different adjudicative and non-adjudicative mechanisms offered by the IACHR. These mechanisms allow human rights NGOs to engage in strategic human rights litigation internationally and they include a rights-based approach in their advocacy strategy.

The conference proved to be a valuable experience for all involved. While some have been active as litigators, numerous participants stated that they had not before considered strategic litigation as a viable human rights tool. They had instead focused on advocacy-based strategies. However, they reported that the presentation opened their eyes to strategic litigation as another legal instrument with which to advance human rights cases. Participants also reported to have gained a deeper understanding of the legal avenues by which human rights cases may be furthered.

The conference supplied participants with an opportunity to meet, network, and discuss the challenges that they face. It also provided a diversifying effect on participants’ perspectives on international human rights legal instruments. For non-legal participants, the presentation helped legalize general human rights strategies. For participating lawyers and legal NGOs, the presentation provided further understanding of legal instruments used to promote international human rights, both adjudicative and non-adjudicative (country visits, precautionary measures, general hearings, reporting, etc.). The presentation also provided a needed ‘refresher’ on procedural rules for participating lawyers, especially with regards to the IACHR Petition and Case system.

LWBC is overjoyed to have been a part of such a valuable and successful event. We are grateful for the generous contribution of time and work from our partners towards the guidebook and the conference. Looking forward, LWBC is excited to continue its relationship with Jamaicans for Justice and its promotion of strategic litigation as a valuable tool to further human rights.

For more on this story go to: http://www.asfcanada.ca/fr/nouvelles/strategic-human-rights-litigation-in-the-caribbean-357

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