Get to know artifacts and intricacies of Afghan culture, arts,
and fragments of life amid chaos.
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The caterwaul and commotion around disturbs her sleep, she opens her dreary eyes, and lies wistfully in her makeshift bed.
Shazia fled Syria in 2012, and arrived at Shatila camp in search of refuge. Two years back, her life was totally different from what it was now. She lived with her family right outside small peaceful village Hama. Her family comprised of her parents and two younger brothers. Though they were poor, life was happy and full of hope for them. She attended government school in the neighborhood, her father had a small shop selling general household item. One of the brightest kid in school, Shazia never though she would have to live life of orphaned refugee one day.
– Village of Hama, Syria
Syria was under attack for almost a year by then, when one day her village came under attack of regime. She fled along with her family towards Southern Beirut to save their lives. She lost her mother before reaching camp, and soon after her father passed away due to fever and unavailability of proper medical care. Shazia still wonders was it really fever that took her father’s life, or was it pain of being uprooted from his homeland and loss of his life partner. By the time she reached refugee camp, all that was left in this world for her was her two little brothers, Alif and Rizwan aged ten and six. Responsibility of these two kids directly came up on their thirteen-year-old elder sister.
She steps out of her bed, folds it and places it in corner so that room can have more space during daytime. She shares one room with another family of 7 members. They were Palestinian refugee, living in this camp from past ten years. When she arrived at camp, all rooms were already brimming with people from Syria. Every month thousands of refugees were reaching camp in search of safe shelter from war affected country. In this dreadful time, that family had been kind enough to share their apartment with three orphaned children.
Life was tough in crowded dingy camp. Open electric wires spread like spider webs across the streets, running from building to building throughout alleyways. Power cuts and electrocution was common in this area. It was last week only, when a young boy got tangled in those wires while running here and there playfully. He tripped and lost his life. And this was the story of camp! Problems were many, earning was scanty, and the thing that was of least worth was LIFE.
“If you don’t try to write a memorable story, it will never be one! Be hero in your story, and make sure that it is the one that world remembers, one that inspires others.”
After living at camp for past two years, Shazia was no more a little girl. Responsibilities had turned her mature beyond her age. She along with her brothers used to pick bricks for construction, and carry them to site. They earned near about 4 dollars each and that was bare minimum for daily needs, let alone schooling, health care and other amenities.
Today was her birthday! In camp, every day was same, and thus apart from her nobody remembered it! While she was at work, carrying bricks on her head, memories of her last birthday with her parents came gushing to her.
She was hoping around in verandah wearing her pistachio green colored embroidered frock. Her mom was occupied in kitchen preparing her favorite dishes for the special day. Her father had gifted her doctor kit, a symbolic gift for his little princess who wished to become a Doctor on growing up. “Abba! I’ll study at a big university and then we will move to city, and then when I start working, you can stop working. You and ammi can spend all the time roaming here and there in city having fun, and I’ll earn a lot for five of us!” chimed Shazia.
“Will you move little faster?”, shouted contractor on site. Shazia came back to bitter reality. After finishing work, she took some time off, and sat alone at park’s bench.
Maybe because it was her birthday, or may be just a coincidence, but she was missing her past more profoundly today. Random memory came floating to her mind. She remembered a happy sunny day; her family had gone to nearby park with picnic basket for a day out. Her brothers were taking their turn on slide, and her mother was standing beside them making sure they didn’t get hurt. Shazia was sitting with her father on lush green grass. Her father said, “Shazia! You know our life is a story that is being written till our last living day. Once, we die, story ends. Some stories create an impact, some are dull and without any remarkable incident. But every life has a story”. Unable to understand the depth of her father’s thought, Shazia asked, “Papa! Who is author of our story? Is God writing it?” Her father laughs at this innocent question, cuddles his daughter in his arms and says “No my love! God just initiates this story by giving us life. But we ourselves are author of our story! Always remember! If you don’t try to write a memorable story, it will never be one! Be hero in your story, and make sure that it is the one that world remembers, one that inspires others.”
The flashback ends and Shazia leans back on bench. What has she become? Is she even the same Shazia who was full of hope and aspirations once! If Ammi and Abbu would see her today, would they even recognize her as their Shazia? Sadness of years that had passed away, frustration of situations in present and depression of having uneventful future takes toll on her. She bursts in to tears. Why doesn’t it feel like her story! Sobbing alone on a park bench she shouts into oblivion, “This is not my story! It wasn’t supposed to proceed this way! I would have never narrated it this way”.
Who was telling the story? And whose story was it anyway?
The words fluttered and flew in the wind.
After the outburst, she sat bundled over there for some time and kept crying because of all the resentment that had piled up inside her.
How else will the sun rise if it won’t set? Darkness is inevitable, but so is sun rise. The break down that Shazia had on her fifteenth birthday, turned into a resolution. She decided to change track of her story. Her life is a blessing given to her by her parents. She cannot let it pass so indecisively. She makes up her mind to resume her education, and quit her daily wage job. Also she needs to find better source of income for three of them.
UNRWA operated a primary health care centre, one day school and one night school at camp. She enrolled herself and her brothers at night school. While her brothers continued their daily wage job, she requested Doctor Ahmad Shiabi at health care centre to take her up as an assistant. Doctor Shiabi had previously diagnosed Shazia when she was sick, and knew that she was mature and intelligent girl. He agreed to hire her at a monthly salary of 52 $. Soon she started learning nitty-gritty’s of health care and hygiene. In a camp hoisting such large number of people, patients were numerous and thus work was also never ending. But this was her childhood’s dream, and thus she enjoyed her job. Work for welfare gave satisfaction to her disrupted soul and mind.
When one finds inner peace, things start to align in a better way. Shazia now started saving some part of collective income that she and her brothers managed to earn. In a year, they saved enough to start a stall for selling yoghurt and tomatoes. Alif and Rizwan manned this stall, so that they can study better and continue earning a living without doing laborious work.
One day Doctor Shiabi at camp asked Shazia if she could take a session about basic first aid for women at camp, as he had some emergency and couldn’t take session today, and as the event had been priory announced, it couldn’t be postponed as well. Shazia was unsure, but she agreed to it.
Session went well, and everyone appreciated her. This gave her confidence regarding her knowledge sharing skills. She told Doctor Shiabi how she enjoyed this session, and is ready to take such sessions in future. Being always occupied in too many chores, this was a delight to him also in past one year Shazia had created a positive impression on him with her hard work and dedication. He wanted her to have a bright future, and thus he readily agreed.
One day after Shazia had winded up taking a session, a young woman in mid twenties came to her, and she introduced herself “Hi Shazia! Great session it was! I am Cathie; I am a volunteer for UNRWA.”
Shazia said, “Hi Cathie! It’s a pleasure to meet you.”
“Shazia I am here in collaboration with a NGO, which is trying to identify twenty bright young women, for whom they will fund higher education. I am really impressed by your awareness and knowledge for health care. Can you share your educational background with me?”
Elated to know about this initiative, Shazia said, “I am attending night school at camp. But I would love to get this opportunity. I have great deal of interest in medicine and science, and wish to study them. It has been my dream since I was a little girl!” She was so excited, but was trying to be calm and failing at it miserably just by shear possibility of having an opportunity to fulfill her and her father’s dream.
Within a month and half formalities for educational program were completed, and her formal education began. She was also getting a generous student stipend. By adding up their savings, she was able to afford better education for her brothers.
It’s been two years now, Shazia is studying at medical school. Alif will be completing his schooling by next year; he plans to take up a scholarship funded course at an American University in Social Welfare. Rizwan is still in school, he has interest in sports more than studies. He recently got selected for School’s football team.
Shazia remembers her father’s words “If you don’t try to write a memorable story, it will never be one! Be hero in your story, and make sure that it is the one that world remembers, one that inspires others.”
Once again, Shazia is sitting alone at a park bench. But this time she is not the depressed girl she once was due to circumstances. Hope has taken place of sadness, and action has taken place of complains. She has learnt that it is just not us who write our story. Situation and other people do play part in creating its plot. But the climax is always in our hand. One can surrender to destiny, and like a dead fish go with the flow, have no control over story of their life and thus end up with a tale not worth remembering. Or one can fight back, and take charge, write it the way they want it to be, and turn their tale into a saga.
Her saga is not complete yet, and it won’t be till the last day, but she will keep improvising it till her last day and till the last page. She won’t let her story be the one that is easily forgettable. She will make this story remarkable page after page.
Criticizing people for expressing sympathy by using the term “thoughts and prayers” has become a trend. Using the term as a first response is quite acceptable. Many of us use it on a regular basis.
This popular criticism does not produce any result other than making the speaker feel engaged in the “discussion” but does nothing to create a discussion.
The criticism that can and should be placed is what happens with those “thoughts” in the days after the expression of “thoughts and prayers.”
The same criticism can and should be placed against those who find reason to criticize those who use “thoughts and prayers.”
This criticism is not much better than using the term in the first place.
Expressing “thoughts and prayers” and criticizing saying it are equally unproductive, if we do nothing to engage in critical thinking and have a discussion about our “thoughts” and the “thoughts” of others with whom we may disagree about the issue at hand.
Just because two parties disagree doesn’t mean anyone has to be wrong. Two opposing views can exist at the same time.
The more we act like our misguided leaders, the more our system of government stays the same.
The sooner we behave in a way that also listens to others in a respectful way, the sooner we will have the chance of creating the kind of government we respect and, consequently, one in which we wish to participate
Below are the remarks delivered by me on January 24th in Delhi at this one of a kind event.
I would like to extend my thanks to SNC Management, Advisors & Consultants and the many individuals who have tirelessly worked to organize this event celebrating National Girl Child Day. It is particularly exciting to see today’s Agenda, with its interesting speakers, discussions and events and to be given this opportunity to share the stage with so many brilliant people and to share my thoughts and ideas with all of you.
I am sure you are wondering, now, as I did, when the invitation was extended to me to address you – what can an aging white man from Chicago, USA possibly say that is relevant to the issue that is the focus of our day together – To Promote Women’s Empowerment. I asked myself – Who Am I to speak to this issue, what experiences have I had that can possibly be relevant to the issue, to you? And Who am I to bring my voice to this struggle?
Let me tell you, at the outset, that in considering this question – I have thought that I must consider for myself and you what does “feminism” mean today?
In answering that question, Over the past years, I have drawn inspiration and knowledge from “We Should All Be Feminists, a personal essay – by award winning author Chimamanda Ngozi Adichie – adapted from her much-viewed Tedx talk of the same name. Adichie offers readers a unique definition of feminism for the twenty-first century – one rooted in inclusion and awareness. She shines a light not only on blatant discrimination, but also the more insidious, institutional behaviours that marginalise women around the world.
So, as we talk today, please understand that I subscribe to Chimimanda’s definition of a feminist, which is:
A feminist is a man or a woman who says, “Yes, there’s a problem with gender as it is today and we must fix it, we must do better.”
As a conflict management and dispute resolution practitioner, I can tell you about my several years of experience of coming to India, working with College and University students, many of them women. As I reflect back on these experiences, I can tell you that the young women that I have had the privilege to meet, teach and train have an innate, intuitive capacity to lead individuals, corporations and groups in conflict — out of their conflicts.
These young women have a keen understanding of intellectual, business, interpersonal and geopolitical disputes that plague India and plague the world. Like a neurosurgeon’s knife – these women can carefully and precisely dissect complicated issues. Like a psychologist’s manner – these women are able to give disputants the space and comfort to share feelings. Like a chef trained in the finest restaurant or a cook trained in Mother’s and Auntie’s kitchen, these women can peel back the layers of an onion and get disputants to find the heart of their disputes. Like Jacques Costeau, the famous underwater explorer, these women can find the real needs and interests of the disputants that lie way beneath the surface level of the icebergs of conflict that they know so well.
These well trained and motivated young women will lead your justice system and India, itself, to a new and innovative way of resolving disputes where conflict resolution in all its forms –informal problem solving, group facilitation, negotiation, dialogue, and similar techniques, have shown, many times over, that there is a better outcome than winning and losing, a more successful process than accusing and blaming, and a deeper relationship than exercising power over and against others. These better outcomes can be achieved but will only be achieved if there is a collective decision to allow them to be achieved, to allow the highly qualified and motivated women of India to bring this movement forward.
How do I know that this can be accomplished? I know this because I have seen the will, strength and empowerment of some of your own. Before I share with you three stories of woman’s empowerment from amongst India’s own, I ask that you hear them with this prefatory story in your mind. This is a story, you may have already heard:
Two seeds lay side by side in the fertile soil.
The first seed said, “I want to grow! I want to send my roots deep into the soil beneath me, and thrust my sprouts through the earth’s crust above me. I want to unfurl my tender buds like banners to announce the arrival of spring. I want to feel the warmth of the sun on my face and the blessing of the morning dew on my petals!”
And so she grew…
The second seed said, “I am afraid. If I send my roots into the ground below, I don’t know what I will encounter in the dark. If I push my way through the hard soil above me, I may damage my delicate sprouts… What if I let my buds open and a snail tries to eat them? And if I were to open my blossoms, a small child may pull me from the ground. No, it is much better for me to wait until it is safe.”
And so she waited…
A yard hen scratching around in the early spring ground for food found the waiting seed and promptly ate it.
The Moral of the Story – Those of us who refuse to risk and grow get swallowed up by life.
Risk and progress are very much interlinked. When you make up your mind to undergo the hardships and pain, the results will be 100 times sweeter than the pain. It is easy to face the hardships when you are open to face them. So, today, let’s see how open we may be to risks and hardships, all in the name of progress.
Let me , first, share with you the story of Karthika Annamalai, who I met during her first year of College. Her father was killed in a feud for money, when he sought money from his sister to perform a tubectomy on Karthika’s mother. This happened on the day Karthika’s younger brother, who is around four years younger than her, was born.
Her mother breaks granite stones at a quarry in Bangalore. She became a widow at the age of twenty-five and was subsequently evicted from Karthika’s father’s house.
Karthika spent much of her time as an infant in the house of her aunt and uncle. Like her aunt and uncle, Karthika’s mother, too, found work in a quarry. Their house had four granite slabs covered with mud for walls and stacks of neatly tied woven coconut leaves for a roof. After settling down there, Karthika would walk about the mud roads with her skirt lifted shamelessly over her head to avoid the merciless sun and the rising dust and smoke from the quarry. Otherwise, she would follow her mother down the steep quarry where she would sit a few meters away, watching her mother’s frail body shatter stones with a heavy hammer. Karthika recalls that it was during a time like this, though many years later, that a piece of stone hit her on her forehead. Karthika recalls: “I picked it up. It was crudely shaped like a heart and had tiny specks of gold on it. It is one among the three things I keep on my bed for good luck. It is a tangible reminder of where I came from.”
Karthika’s chance came when she was four years old. On the advice of nuns from a local nunnery, her mother, took Karthika to Shanti Bhavan, a boarding school started by Abraham George, a former army captain, author, and philanthropist.
“Shanti Bhavan is the best thing that happened to me,” says Karthika. “Otherwise I would be married like my (elder) sister or breaking stones like my mother.” Her mother can earn Rs 40 on a good day, working 6 am to 5 pm at the quarry. For two years, 1st standard to 3rd, Karthika was the only child at Shanti Bhavan who never went home. Her mother could not afford it. Later, they met twice every year.
“My mom and I, we don’t talk much,” says Karthika, who also has two brothers, the elder dropped out of school to help his mother at the quarry; the younger studies at a local school. “But I know she loves me.”
“Bringing my family out of poverty is a priority for me. When I used to go home from school during the vacations, I used to be homesick for school. I did not have comfortable and some basic facilities at home that I had at school. I realise that my family cannot afford it. Conditions in my village are bad, with murder and rape being commonplace. I want to bring my family out of all that suffering.
Karthika decided years ago that she wanted to be a human rights lawyer, fighting against the many social injustices that exist in India, more than a handful of which she has witnessed herself in her family and in her community. She says: “The values instilled in me at Shanti Bhavan – those of humility, honesty, and generosity – have all impressed upon me the necessity to always work to help those who are less fortunate than me in any way possible. This is where my desire to work as a human rights lawyer stems from. I also hope that working in the field of law in India will provide me the skills I need to one day alleviate poverty and injustice on a broader scale, hopefully in a political position in India.”
Karthika’s opportunity to advance this vision took a giant step forward by being introduced to IDIA, “Increasing Diversity by Increasing Access,” an NGO founded by Prof. Dr. Shamnad Basheer, Visiting Professor of Law, National Law School of India University and its Managing Trustee. IDIA seeks to find ways to reach out to under-represented communities, with the objective of making them aware of the benefits of law as a viable, lucrative career option and help those interested to gain admission into these law schools. It is hoped that such access to legal education would go some way towards empowering the students and the communities that they belong to.
Following a meeting with IDIA volunteers who visited her high school, Karthika was on her way to a career in law. The assistance Karthika has received from IDIA extends from financial assistance to support with traversing the considerable social challenges that she has faced.
“IDIA has some brilliant student volunteers at NUJS and they made sure that I didn’t face any financial hurdles or discrimination,” she says.
Through all of her efforts and support, Karthika graduated from the West Bengal National University of Juridical Studies (NUJS), Kolkata, in 2017.
She now works as an Associate Attorney at AZB & Partners in New Delhi. The odds of someone like her – the daughter of a stone quarry worker – reaching this point are almost zero. She beat the odds thanks to the help she received.
“My mother was screaming with excitement when I told her I got a job offer,” says Karthika — “Suddenly it dawned on her that my education has paid off.”
She beat the odds thanks to her efforts, help from Shanti Bhavan, help from IDIA, and the support of those who have shared her friendship over the years. But none of this could have been possible without her determination, hope and spirit.
Now meet Vennela ( “Vensy” ) Krishna. As a girl raised in an Indian middle-class family, this meant that Vensy was brought up believing that there are things she could not aspire to. She was brought up being told that some dreams are just not for her – that you cannot dare to dream beyond your circumstances.
Vensy, however, never believed this. She knew that she had to push herself to her limits and find out for herself what she was capable of, and that she could not let herself believe that her destiny would be different.
One of her early rebellions was to choose to study law after school. Young people where she came from go on to study engineering or other more affordable fields. Law school was for those from affluent backgrounds, who spoke English at home, could afford to go to posh international schools, pay hefty fees for coaching for the law entrance exam. But she persisted, and managed to crack the national exam against 30,000 students and made it to India’s premier law school.
It was at this point that I met Vensy, a few years ago at NALSAR Law University in Hyderabad. Vensy started teaching at the age of 18, when she was in the first year of college, working 16 hours on weekends, traveling a hundred kilometers on crowded buses. After a year, she took the plunge and started her own company to educate students for law school. Vensy decided to do her bit to help students like her who were passionate about studying law, to help them lead better lives. She wanted law to change their lives, the way it changed hers.
Vensy worked as a teacher at Career Launcher, before starting her own company — Law School 101 — in 2014. At the age of 21, when most young people are trying to figure out what to do with their lives, Vensy had become a blossoming entrepreneur.
Law School 101 is Vennela’s brain child and she began working on it in 2014. It is a platform which brings college students to mentor high school students and bridge the gap in between.
In Vensy’s words — “Law School 101 brings college students together to train school students to crack the national law exams. We study on the weekdays as students, but become teachers on the weekends. I’ve been teaching law aspirants from the first year of law school, started up in my second.”
She added, “Starting a business as a nineteen year old was not easy but I had full conviction in the strength of my ambition. Entrepreneurship and leadership aren’t for everyone. It requires me to travel about 150 km in buses every week just to come to the city and take the classes. Being completely student run meant that I had to sit with parents for hours just to convince their kids to attend demo classes. It took a full two years before people started recognizing our efforts and now, it is finally paying off!”
Law School 101 not only helps law aspirants crack the entrance test and trains them in the various aspects of law , it also helps them in extra-curricular activities such as debates, quizzes, motivational speaking, etc. They have also organised Moot Court events, inter-college debate sessions and orientation sessions at schools to attract young children to the subject of law. Vensy and Law School 101 has won, amongst other awards the following:
Center for Management Studies, NALSAR
Herbert Smith Freehills LLP, United Kingdom
Community Engagement Awards
Child & Youth Finance International, Netherlands
Youth Entrepreneur Award
Entrepreneurs’ Organisation (EO), International
Global Student Entrepreneurship Awards
Vensy shared this with me recently: “Looking back on the last five years, I remember the stress and pain and suffering it took to manage a successful company along with juggling studying and competing for the top positions at law school. But what I remember more clearly are the hundreds of students whose lives we’ve touched and changed. They remain the reason I wake up every morning to continue working for my cause, one that I am fortunate to now have hundreds of others believe in.”
Now meet Maithili Pai.
I met Maithili when she was a trainee in mediation in New Delhi, while she was still a student at NUJS, Kolkata. I have continued to be in touch with her, even as recently as a few days ago.
While a student at NUJS Maithili demonstrated a keen awareness of the needs of women and found a place for herself as an advocate of the same. Her areas of interest are human rights law and alternate dispute resolution. In her first year at law school, she worked as a teacher with IDIA which we already heard about in Karthika’s story. From 2014 she assisted as a child counsellor for the NUJS-HSF Bridge project which a partnership between between LittleBigHelp, a charity that works to create better opportunities for vulnerable children in Kolkata, Herbert Smith Freehills – and the students of NUJS.
While a student at NUJS, Maithili was selected to make a presentation entitled “Access to Justice for Domestic Violence Victims: A Need Based Assessment” at the prestigious Global Alliance for Justice Education (GAJE) 8th Worldwide Conference, held in Turkey in July, 2015. She was also a student researcher at the Centre for Child Rights etablished by UNICEF at NUJS.
And, by the way, she is fluent in English, French, Spanish, Hindi and other Indian languages as well.
Maithili is now Law Clerk-cum-Research Assistant to Dr. Justice DY Chandrachud at the Supreme Court of India.
On August 24th, 2017, Justice D.Y. Chandrachud, delivered the main judgment for a rare nine-member bench of the Supreme Court issued a historic ruling with potentially widespread consequences, decreeing that a right to privacy is part of the fundamental right to life and liberty enshrined in the country’s constitution.
Nine justices unanimously joined the decision that was an exhaustive treatise on personal liberties. The 547-page judgment overturned earlier cases and declared, “Privacy is the constitutional core of human dignity.”
What does this mean for women in India?
The right to privacy is closely linked to the exercise of several other rights, from what people say online to who they love to what they eat.
This is a game-changer.
In fact, the court waded into the issue of sexual orientation, calling it “an essential attribute of privacy.” It slammed an earlier Supreme Court ruling that upheld the criminalization of homosexuality on the grounds that the LGBT community was “a minuscule fraction of the country’s population.” The court said that was no basis on which “to deny the right to privacy.” It added: “The purpose of elevating certain rights to the stature of guaranteed fundamental rights is to insulate their exercise from the disdain of majorities.”
The judgment says:
“Life and personal liberty are inalienable rights. These are rights which are inseparable from a dignified human existence. The dignity of the individual, equality between human beings and the quest for liberty are the foundational pillars of the Indian constitution.
“Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation. Privacy also connotes a right to be left alone. Privacy safeguards individual autonomy and recognises the ability of the individual to control vital aspects of his or her life. Personal choices governing a way of life are intrinsic to privacy.”
The right to privacy judgment is a landmark judgment of independent India. It not only learns from the past, but also sets the wheel of liberty and freedom for future.
Privacy is believed to be central human right.
With a fundamental Right to Privacy now in place, there is a possibility of making broader arguments against sexual assault, bodily integrity, and surveillance issues.
The fundamental Right to Privacy will provide a remedy against the state. We have seen that this has already been a valuable argument against marital rape.
Now, imagine yourselves, as Maithili Pai, once a young student passionate about the rights of women and children and other human rights, sitting side by side with the Supreme Court Justice who is about to change the future of India.
Imagine your hands trembling as you place words on paper, change words on paper, suggest words to be placed on paper that will be hailed presently and in the future as life changing events in the history of India.
Imagine the feeling of satisfaction and empowerment selling up in your heart as you are living your dream, having an impact on a general society for years to come, setting precedents that are going to impact many who have lived without power to change things, lived often without hope, and lived without a voice.
Maithili’s story is quite different than the others.
Karthika’s is a story of personal achievement that shows the impact on self, and through her work impact on others with whom she had a shared identity.
Vensy’s is a story of personal achievement that shows the impact of creating opportunities for others similarly situated.
Maithili’s is a story of personal achievement that shows the impact on a society, in fact a whole country.
Each is a story of personal determination and empowerment.
Do you, do WE send our roots down and flourish like Karthika, Vensy and Maithili? Or are we that seed that is afraid and gets plucked by the yard hen?
If Economic Empowerment is how people work to create wealth.
If Political Empowerment is all the things we do to organize ourselves and to make decisions.
If Societal Empowerment is everything people do when they live, work, and play together.
What then is our mission, if not our social and moral responsibility?
What is our role in the future of the empowerment movement?
What can WE do?
Will we do our share to —
Acknowledge women of all ages in our communities and our country
Recognize women of all ages in our communities and our country
Honor women of all ages in our communities and our country
Coach women of all ages in our communities and our country
Give voice to women of all ages in our communities and our country
Praise women of all ages in our communities and our country
Hold space for women of all ages in our communities and our country
Celebrate women of all ages in our communities and our country
Yes We will
Imagine yourself as a Turkish mediator in an employment dispute. You have a pro se complainant who worked for a company for six years, being forced to work overtime and fired with no explanation, and an employer’s counsel in a joint caucus. In his opening statement, the employer’s counsel recites the facts and relevant case law for a considerable amount of time while the pro se complainant tries to apprehend all the fancy legal words that the counsel uses. The first separate caucus with the complainant reveals that the complainant did not understand what the counsel said and do not know what to seek in damages and decides to agree what the counselor offers because he is in immediate need of money.
Here the conundrum is. As a mediator, you are aware of the ethical rules and the fact that you have to be impartial. In the meantime, you also know that all doubts in the implementation and interpretation of the provisions of the Turkish Labor Law, including its implementing rules and regulations, shall be resolved in favor of labor, so adjudication before a judge might have resulted differently for the complainant. Considering all of these, does that mean that a Turkish mediator may not facilitate justice, or in other words, is mediation at odds with the basics of Turkish employment law?
Voluntary mediation was introduced into Turkish law with the Law on Mediation in Civil Disputes in 2012.1 Five years after, pre-litigation mandatory mediation for certain employment disputes was adopted with the Law on Labor Courts.2 As of January 1, 2018, parties must have attempted mediation before commencing the trial.3 To that extent, for the first time, disputes regards the indemnity claims and reemployment have become subject to pre-litigation mediation.4
Mandatory mediation in employment disputes has been harshly criticized by many commentators, unions and lawyers on the grounds that mandatory employment mediation is not fair because of the imbalanced power dynamics, especially where the employee cannot afford a legal counsel.5
If we look at our hypothesis again, what should a Turkish mediator able to do? Under Art.3 of the Turkish Ethics Rules of Mediators, a mediator shall conduct a mediation in an impartial manner and avoid conduct that gives the appearance of partiality.6 That being said, Art.5(8) of the Ethics Rules stipulates that “[i]f a party appears to have difficulty comprehending the process, issues or settlement options, or difficulty participating in a mediation, the mediator should explore the circumstances and potential accommodations, modifications or adjustments that would make possible the party’s capacity to comprehend, participate and exercise self-determination.”7
Reading these two articles together, we can conclude that procedural fairness and party competency as imperative as the impartiality of the mediator. Thus, a mediator is entitled to take the liberty of making “potential accommodations, modifications or adjustments”. To provide this, mediator, for example, questions whether the complainant fully understands the mediation process, paraphrases the statements and asks the employee again, or if it is necessary, he or she postpones the session, withdrawing from or terminating the mediation.8 In addition to these ethical requirements, the Ethics Rules also ensures the self-determination and informed consent of the parties.9 Thus, it is of significance to distinguish that mediation as an alternative to litigation is not against the notion of justice and fairness per se.
There could be, however, possible failures of court-annexed mediation 8 cast doubt upon the fairness, especially where pro se complainants are involved. In Wright v. Brockett, where the pro se tenant agreed to vacate the apartment as a part of the settlement agreement, the court set aside the agreement noting that the settlement agreement was not “a provident decision by the tenant, free of coercion.”10 Similarly, the Ninth Civil Circuit of the Turkish Court of Cassation set aside the settlement agreement where the mediator did not communicate with or question the employee at all and forced him to sign the settlement agreement without seeking for an informed consent.11 Although the pro se complainants in both cases were successful in challenging their settlement agreements, that might not be always the case.
Nonetheless, risks associated with mediating with pro se complainants can be outweighed by integrating certain methods into the mediation process. Some commentators have offered implementation of a “cooling-off” period which allows parties to withdraw from the settlement agreement for any reason.12
Monday started with a radio interview highlighting the events of the upcoming Mediation Congress in Sao Paolo. Alexander Palermo Simoes and I were featured on Ana Pretel’s weekly radio show covering interesting legal topics. You can listen to the show here:
From there we paid a visit to The IV Pan American Arbitration Congress, hosted by CAM-CCBC on 23 to 24 October 2017 in Sao Paulo saw close to 500 attendees listen and participate in a broad range of panels dealing the unique problems associated with arbitration in the region. While focusing on Pan-American countries, the event draws global participation and showcases comparisons of practices with an eye toward sharing best practices in international arbitration. CAM_CCBC, under the leadership of Carlos Forbes, as organizer of the event has demonstrated a commitment to improving the quality of arbitration services,
and making Sao, Paolo Brazil, a hub for international arbitration in South America and the region. a
Immediately following the Pan American Congress, on October 25th, was the first ever International Mediation Congress in Brazil — Congresso Internacional de Mediação Empresarial – GEMEP I CBAr held at AASP – Associação dos Advogados de São Paulo. The organizing committee – Alexandre P. Simões, Claudia Frankel Grosman and Patricia Freitas Fuoco created a sold out event of stellar debates, workshops and networking events that highlighted the growth of mediation in Brazil under the 2015 law.
The following days were highlighted by the “VIII Competição Brasileira de Arbitragem e Mediação Empresarial da CAMARB” – a mediation and arbitration competition in partnership with Mackenzie Presbyterian University. Participation by 57 arbitration teams, 18 mediation teams, 80 assessors, 250 arbitrators and approximately 400 listeners resulted in the biggest event of its kind in Latin America!
Here is a link to the CAMARB Competition website: LINK
Here is a link to a newspaper story “Brazil hosts greater arbitration and mediation competition in Latin America” describing the tournament : LINK
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