Kimberley Motley: How I defend the rule of law | TED

Summary

The transcript shares the story of a lawyer working in Afghanistan, advocating for justice and human rights in a challenging legal environment. Highlighting the plight of young girls like Naghma, sold into marriage to settle debts, the speaker emphasizes the importance of using existing laws to protect the vulnerable. Drawing on personal experiences, the lawyer discusses the complexities of Afghanistan's informal justice system, the role of jirgas, and the challenges in achieving justice. The speaker also underscores the global responsibility to support human rights and transparency in governance, concluding with a call to invest in a global human rights economy.

Takeaways

• 😀 Naghma, a six-year-old girl, was sold in a jirga to settle her father's debt, highlighting the misuse of traditional practices for immoral purposes.
• 😀 Afghanistan has a legal system, but informal justice systems like jirgas often undermine laws meant to protect people's rights, especially women and children.
• 😀 The speaker's mission is to use existing laws to protect individuals and achieve 'justness', challenging both tribal customs and legal ignorance.
• 😀 The speaker opened a private practice in Afghanistan, becoming the first foreigner to litigate in Afghan courts and advocating for justice in an often corrupt system.
• 😀 The three main challenges to achieving justice in Afghanistan are: lack of legal education, tribal customs overriding laws, and insufficient legal representation.
• 😀 A second jirga was called to reverse the illegal engagement of Naghma, resulting in the debt being paid off and her freedom being secured.
• 😀 The importance of journalists and the press in protecting democracy is emphasized, with a case where the Afghan government illegally exiled a journalist, but the speaker successfully fought for his return.
• 😀 The speaker advocates for a global human rights economy, where people, businesses, and governments work together to improve global justice.
• 😀 Child marriages remain a critical issue, with over 280 million children married before 15, leading to cycles of poverty, poor health, and lack of education.
• 😀 Sahar, a victim of domestic violence and forced marriage, used Afghan law to seek justice for the first time, with her case reaching the Supreme Court and resulting in the conviction of her abusers.
• 😀 The speaker stresses that while taking personal risks, the real risks lie with their clients, who have much more to lose if their cases go unheard or unchallenged.

Q & A

What is the significance of the story about Naghma?

The story of Naghma highlights the harsh reality of child marriage and the exploitation of women in Afghanistan, where tribal customs sometimes override formal laws. It illustrates the deep moral and legal challenges faced by vulnerable individuals, especially women, in such environments.

What role do jirgas play in Afghanistan's legal system?

Jirgas are informal mediation systems in Afghanistan, often led by religious leaders and village elders. They are used to resolve disputes, but in some cases, such as Naghma's, they can result in illegal and immoral decisions that are in conflict with the formal legal system.

Why does the speaker emphasize the importance of using laws to protect people?

The speaker emphasizes that the role of laws is to protect individuals, particularly the vulnerable, and that laws should be used as a tool for justice. The speaker's personal experience highlights how legal systems can be leveraged to provide justice, even in environments where laws are underused or ignored.

How does the speaker work to achieve justice in Afghanistan despite the challenges?

The speaker works from the inside out, using existing laws, sometimes underutilized laws, to defend clients. Despite significant challenges, such as tribal customs and a lack of legal awareness, the speaker has found success by promoting education about legal rights and leveraging the law to protect vulnerable people.

What are the three main challenges to achieving justice in Afghanistan, as described by the speaker?

The three main challenges are: 1) Lack of education about legal rights, 2) Tribal customs often overriding formal laws, and 3) A lack of lawyers willing to fight for the laws that are in place.

How did the second jirga help Naghma, and what was its outcome?

The second jirga helped Naghma by putting the law at the center of the mediation. With the involvement of village elders, religious leaders, and legal principles, the original decision to marry her off was reversed. The debt was settled, and the engagement was annulled, freeing Naghma.

What are some of the risks faced by the speaker in their line of work?

The speaker faces numerous risks, including temporary detainment, accusations of criminal activity, threats to personal safety, and even attempts on their life, such as a grenade being thrown at their office.

Why is the protection of journalists and the freedom of the press so important in Afghanistan?

Protecting journalists is essential to ensuring the free flow of information, which holds governments accountable. The freedom of the press is a cornerstone of democracy, and its suppression can lead to the silencing of vital voices and the erosion of transparency in government.

What is the significance of the case involving Sahar?

Sahar's case is significant because it represents the first time that a victim of domestic violence in Afghanistan had legal representation in the Supreme Court, and it set a precedent for using existing laws to provide justice for victims of abuse.

What message does the speaker convey about global human rights and the role of businesses?

The speaker emphasizes that human rights are a global issue and that all sectors, including businesses, should invest in and support a global human rights economy. By doing so, they contribute to a system of justice that benefits everyone, not just individuals in conflict zones like Afghanistan.