Lee el pronunciamiento en español aquí.
The global COVID-19 outbreak, together with the measures to prevent its spread and contain the pandemic, are not affecting us all in the same way. There are some at-risk groups for whom the effects of infection by the virus present the greatest harm. There are also especially vulnerable groups, who are being placed in an increasingly excluded and vulnerable position by countermeasures and collective precautions.
In order to leave no one behind, states in the region must prioritize the assistance of those that need the most support. Approaches to this health emergency must guarantee the right to health for everybody, without discrimination. To do so, the broad inequalities existing in Latin American societies must be accounted for. Resources must be distributed according to need, making sure that this emergency doesn’t displace, marginalize, impoverish, and increase the vulnerability of those living in the most difficult circumstances [1].
HOUSING: Among the most affected, we must think about people affected by homelessness, for whom the #stayathome slogan is impossible to fulfill and who require urgent assistance. Similarly, those living in informal settlements or low income neighborhoods, as well as refugee and IDP[2] camps, suffer from lack of access to such basic services as potable water and healthcare. They also live in overcrowded spaces, making so-called “social distancing” difficult and creating potential hotspots for the spread of the virus [3]. As the United Nations Special Rapporteur on Adequate Housing says, “Housing has become the front line defense against the coronavirus. Home has rarely been more of a life or death situation”. [4]
WORKERS: Without a doubt some of the most affected by this crisis are informal workers (who represent a large part of the population in the region’s big cities), unemployed workers, or workers with low wages. These people are compelled to continue working to earn an income, increasing their exposure to the virus under worsening job conditions, or else they lose their jobs and wages. Women, who are significantly engaged in informal and unpaid labor, are one of the most affected groups.
GENDER-BASED VIOLENCE: Confinement measures and restrictions on mobility increase the risks and obstacles for girls and women who are victims of gender-based violence, and who are forced to stay at home with their aggressors. As a recent report by UN Women recommends, “To recognize the impact of COVID-19 on women and girls, and ensure a response that addresses their needs and guarantees their rights is key to strengthening prevention, response and recovery efforts.” [5]
EXCESSIVE USE OF FORCE BY SECURITY FORCES: The potential use of measures adopted in the face of Coronavirus to repress, persecute, silence and even kill grassroots groups, social leaders, and human rights defenders is of particular concern. A group of rapporteurs and experts of the United Nations Human Rights Council affirmed that “emergency declarations based on the outbreak must not be used as grounds to target specific groups, minorities or individuals, nor work as an excuse for repressive actions with the pretext of protecting health. They mustn’t serve either to silence the work of human rights defenders”. [6]
MIGRANT PEOPLE are another of the highly affected groups in the current context. On the one hand, they are completely vulnerable to the denial of basic services and assistance of any kind, in addition to lacking a support network. On the other hand, the increased show of public force on the streets to enforce confinement measures and restriction of movements, combined with the demand of documentation and the implementation of other measures justified under extraordinary circumstances, elevates the deportation risk for people whose immigration status is in question. Migrants must also contend with xenophobic behaviour and other episodes arising from the socioeconomic crisis generated by the spread of the virus. In this context, migrant people will likely avoid accessing the health system or providing information about their health for fear of repercussions on their immigration status. [7]
INCARCERATED PEOPLE in correctional facilities along the region are also highly affected, due to the overcrowded conditions in which they live, with low hygiene standards, and lack of access to basic services. Multiple governments have implemented preventive measures that affect the rights of incarcerated people, such as the reduction of visiting hours by relatives. The legal processes of many incarcerated people are also impacted.
ETHNIC COMMUNITIES AND INDIGENOUS PEOPLES require broader and special protection, due to the impact that this pandemic can have on their communities and the territories that they safeguard. The health of most indigenous peoples is already compromised due to the high prevalence of introduced infectious-contagious diseases[8] and chronic non-communicable diseases, which is aggravated by the persistance of inequality, exclusion, and discrimination in their access to goods and services, as well as by the relative geographical isolation of their territories. The establishment of culturally appropriate communication and information strategies is therefore fundamental. The IACHR made a special call to states “to observe the utmost respect for noncontact with indigenous peoples or segments of indigenous peoples living in voluntary isolation, given the grave effects that contracting COVID-19 could have on their survival”. [9]
In this context, regional governments have progressively started implementing various health and social containment measures, as well as economic, fiscal, and monetary measures, such as increasing social expenditures, suspending the payment of bank credits, freezing the surcharge for non-payment of water services, actions to prevent the shortage of basic supplies[10], specific economic subsidies, and specific measures to regulate the housing market, among others.
Nevertheless, for these policies and measures adopted by states to be effective, the commitment of all stakeholders – in particular, of the private sector – is required. These policies and measures must be coordinated among social sectors, and people must be aware of their rights and of the mechanisms established for their enforcement. Just as the virus spreads rapidly, public policies are also being adopted rapidly, with new measures almost every day. In this scenario, access to information is a key component of the action plan against Coronavirus. Fake and unverified information spreads fast, causing alarmism and confusion. It is therefore a key priority to adopt mechanisms for people to know and use the law, and to participate in the discussions around the public policies that affect them.
As for us, we will be monitoring public policies adopted in our countries to guarantee that the pandemic is not used as an excuse to promote unfair and discriminatory policies. We will stand side by side with the communities that we work with, so that they have all the information they need to exercise their rights and protect their health, as well as air to grievances relating to policies that by action or omission violate their rights.
The adoption of measures in the face of this pandemic by the different states in the region can indicate that states are taking the right to health seriously. This, we would celebrate. However, we must also demand that they take all other rights seriously, in particular those of the most vulnerable communities in our societies.
Árboles Sin Fronteras Ecuador (Ecuador)
Asociación Amistad y Mucho Más (Colombia)
Asociación Cooperativa Manos Diligentes (Venezuela)
Bernstein Institute for Human Rights at NYU School of Law (United States)
elConjuro Editorial (Ecuador)
Cineclub Tena (Ecuador)
Cinecyclo Ecuador (Ecuador)
Comisión Colombiana de Juristas (Colombia)
Frente de Artistas Audiovisuales de Tigre (Argentina)
Fundación FENIXE (Ecuador)
International Organisation for Women in the Seafood Industry (France)
Misión Salud (Colombia)
MUNDOSUR (Argentina)
Sinergia (Ecuador)
USBRMC (Bangladesh)
Agustin Alegre (Argentina)
Ahmed Ismail (Kenya)
Angela Acosta (Colombia)
Carlo Peñaherrera (Ecuador)
César Eduardo Galarza (Ecuador)
Chrysoula Mela (Greece)
Diana García (Guatemala)
Eugenia D’Angelo (Argentina)
Gustavo Gallón Giraldo (Colombia)
Jorge Bravo (Ecuador)
Jose Victor Sanchez (Colombia)
Manju Menon (India)
Marcia Ramos (Dominican Republic)
Marie Monfort (France)
Martha Su Feraud (Ecuador)
Natalia Roca (Ecuador)
Nieves Rodríguez (Dominican Republic)
Sajid Khan (Bangladesh)
Sukti Dhital (United States)
Vanina Saucedo (Argentina)
Veronica Bobone Julio (Mozambique)
Verónica Solórzano (Ecuador)
Walter Fernandez Ulloa (Ecuador)
Xavier Salazar (Ecuador)
Yhoanna Diaz (Dominican Republic)
This research brief is part of a series that reviews the nature of the work undertaken by community paralegals, and the extent to which that work is recognized or funded by government. In Kenya, community paralegals are recognized in the Legal Aid Act of 2016. They are referred to formally as “paralegals.”
The first briefs published for this series focus on the types of community paralegals who have been formally recognized either in law or policy. We acknowledge that this is just a small part of a much larger picture. Beyond the government-recognized paralegals discussed in these briefs, a broader, dynamic ecosystem of community paralegals operates effectively without state recognition in many countries. We aim to one day expand our research to offer a more comprehensive analysis of this larger universe. For now, however, our research briefs are limited to offering summary information and illustrative examples of the community paralegals who have been formally recognized by law or policy.
Each of these briefs is a living document– if you have an update, addition, or a correction, please contact us at community@namati.org.
This research brief is part of a broader resource guide on community paralegal recognition and financing that includes additional community paralegal research briefs, a list of supplemental laws and resources for each country, and other supporting materials on the subject.
Introduction et Aperçu du Guide Pratique
De nombreuses parties du monde, quel que soit leur niveau de développement économique, sont sur le point de connaitre de graves crises environnementales.
Dans ces régions, les opérations de projets d’extraction comme les plantations de grande envergure, l’exploitation minière et le développement industriel ont réduit voire dégradé le bien-être économique, social et physique des communautés, chez elles et au-delà. Leurs lois régionales et nationales et leurs institutions pour la protection et la gestion de l’environnement et des ressources naturelles ne sont strictes que sur papier, et la non-conformité des gouvernements et des entreprises a eu de sérieuses conséquences sur les moyens de subsistance, la santé, l’accès à la terre et la qualité de vie des communautés.
Namati et le Guide Pratique pour les Auxiliaires de Justice Environnementale constituent un pas vers la réduction de ce fossé en matière d’application des normes environnementales.
Le guide fournit aux mobilisateurs, aux activistes et aux groupes de citoyens communautaires une méthodologie pour réorienter leurs efforts et passer de l’exposé du problème au traitement des doléances par les institutions environnementales. Le guide est basé sur quatre années de travail effectué par les auxiliaires juridiques de CPR- Le Programme de Justice Environnementale Namati pour aider les communautés touchées à déposer des plaintes et obtenir réparation dans plus de 150 cas de non-conformité en Inde.
Nous espérons que ce guide aidera les organisations locales et les groupes communautaires à résoudre les conflits environnementaux et à obtenir des réparations utiles pour les personnes touchées.
Pour plus d’information sur CPR- Le Programme de Justice Environnementale Namati, cliquez ici.
Également disponible en Anglais, Oriya, Hindi, Gujarati, Kannada, and Bahasa Indonesian.
Introduction and Overview of the Practice Guide
Large parts of the world, irrespective of their level of economic development, are on the cusp of severe environmental crises.
In these regions, the operations of extractive projects such as large-scale plantations, mining and industrial development have negated or worsened the economic, social and physical well-being of communities in their neighborhoods and beyond. Their robust national and regional laws and institutions for the protection and governance of the environment and natural resources have remained on paper and the non-compliance by governments and corporations has had profound effects on community livelihoods, health, access to land and quality of life.
Namati and CPR’s Practice Guide for Environmental Justice Paralegals is a step in the direction of closing this environmental enforcement gap.
The guide provides a methodology for community mobilizers, activists and citizens groups to shift their attention from stating the problem to getting grievances addressed by environmental institutions. The guide is based on four years of work done by the paralegals of CPR-Namati Environment Justice Program to assist affected communities file complaints and seek remedies in over 150 cases of non-compliance in India.
We hope that this guide will help local organizations and community groups to address environmental conflicts and seek useful remedies for affected people.
For more CPR-Namati environmental justice paralegal tools, click here.
This resource is also available in English, French, Oriya, Gujarati, Kannada, and Bahasa Indonesian.
Introduction and Overview of the Practice Guide
Large parts of the world, irrespective of their level of economic development, are on the cusp of severe environmental crises.
In these regions, the operations of extractive projects such as large-scale plantations, mining and industrial development have negated or worsened the economic, social and physical well-being of communities in their neighborhoods and beyond. Their robust national and regional laws and institutions for the protection and governance of the environment and natural resources have remained on paper and the non-compliance by governments and corporations has had profound effects on community livelihoods, health, access to land and quality of life.
Namati and CPR’s Practice Guide for Environmental Justice Paralegals is a step in the direction of closing this environmental enforcement gap.
The guide provides a methodology for community mobilizers, activists and citizens groups to shift their attention from stating the problem to getting grievances addressed by environmental institutions. The guide is based on four years of work done by the paralegals of CPR-Namati Environment Justice Program to assist affected communities file complaints and seek remedies in over 150 cases of non-compliance in India.
We hope that this guide will help local organizations and community groups to address environmental conflicts and seek useful remedies for affected people.
For more CPR-Namati environmental justice paralegal tools, click here.
This resource is also available in English, French, Hindi, Gujarati, Kannada, and Oriya.
Introduction and Overview of the Practice Guide
Large parts of the world, irrespective of their level of economic development, are on the cusp of severe environmental crises.
In these regions, the operations of extractive projects such as large-scale plantations, mining and industrial development have negated or worsened the economic, social and physical well-being of communities in their neighborhoods and beyond. Their robust national and regional laws and institutions for the protection and governance of the environment and natural resources have remained on paper and the non-compliance by governments and corporations has had profound effects on community livelihoods, health, access to land and quality of life.
Namati and CPR’s Practice Guide for Environmental Justice Paralegals is a step in the direction of closing this environmental enforcement gap.
The guide provides a methodology for community mobilizers, activists and citizens groups to shift their attention from stating the problem to getting grievances addressed by environmental institutions. The guide is based on four years of work done by the paralegals of CPR-Namati Environment Justice Program to assist affected communities file complaints and seek remedies in over 150 cases of non-compliance in India.
We hope that this guide will help local organizations and community groups to address environmental conflicts and seek useful remedies for affected people.
For more CPR-Namati environmental justice paralegal tools, click here.
This resource is also available in English, French, Hindi, Oriya, Kannada, and Bahasa Indonesian.
Introduction and Overview of the Practice Guide
Large parts of the world, irrespective of their level of economic development, are on the cusp of severe environmental crises.
In these regions, the operations of extractive projects such as large-scale plantations, mining and industrial development have negated or worsened the economic, social and physical well-being of communities in their neighborhoods and beyond. Their robust national and regional laws and institutions for the protection and governance of the environment and natural resources have remained on paper and the non-compliance by governments and corporations has had profound effects on community livelihoods, health, access to land and quality of life.
Namati and CPR’s Practice Guide for Environmental Justice Paralegals is a step in the direction of closing this environmental enforcement gap.
The guide provides a methodology for community mobilizers, activists and citizens groups to shift their attention from stating the problem to getting grievances addressed by environmental institutions. The guide is based on four years of work done by the paralegals of CPR-Namati Environment Justice Program to assist affected communities file complaints and seek remedies in over 150 cases of non-compliance in India.
We hope that this guide will help local organizations and community groups to address environmental conflicts and seek useful remedies for affected people.
For more CPR-Namati environmental justice paralegal tools, click here.
This resource is also available in English, French, Hindi, Gujarati, Kannada, Bahasa Indonesian.
Introduction and Overview of the Practice Guide
Large parts of the world, irrespective of their level of economic development, are on the cusp of severe environmental crises.
In these regions, the operations of extractive projects such as large-scale plantations, mining and industrial development have negated or worsened the economic, social and physical well-being of communities in their neighborhoods and beyond. Their robust national and regional laws and institutions for the protection and governance of the environment and natural resources have remained on paper and the non-compliance by governments and corporations has had profound effects on community livelihoods, health, access to land and quality of life.
Namati and CPR’s Practice Guide for Environmental Justice Paralegals is a step in the direction of closing this environmental enforcement gap.
The guide provides a methodology for community mobilizers, activists and citizens groups to shift their attention from stating the problem to getting grievances addressed by environmental institutions. The guide is based on four years of work done by the paralegals of CPR-Namati Environment Justice Program to assist affected communities file complaints and seek remedies in over 150 cases of non-compliance in India.
We hope that this guide will help local organizations and community groups to address environmental conflicts and seek useful remedies for affected people.
For more CPR-Namati environmental justice paralegal tools, click here.
This resource is also available in French, Oriya, Hindi, Gujarati, Kannada, Swahili, and Bahasa Indonesian.
Background: What is a community paralegal?
Community paralegals are dedicated to legal empowerment: they help people to understand, use, and shape the law. These advocates are called different names in different places – including “grassroots legal advocate,” “barefoot lawyer,” “community legal worker,” or a host of other titles. They are trained in law and policy and in skills like mediation, organizing, and advocacy.
Although they often are called “community paralegals,” they are not the kind of paralegals who primarily serve as lawyers’ assistants. These paralegals work with clients to seek concrete solutions to instances of injustice, often at the community or administrative levels. They form a dynamic, creative frontline that can engage formal and traditional institutions alike. Moreover, Just as primary health workers are connected to doctors, community paralegals are often connected to lawyers who may help pursue litigation or high-level advocacy if frontline methods fail.
About this resource guide
The guide below is a collection of national paralegal research briefs that reviews the nature of the work undertaken by community paralegals in different countries, and how that work is recognized and funded by the government. The research briefs are accompanied by supporting national-level resources and laws related to community paralegals.
The briefs in this series focus on the types of community paralegals who have been formally recognized either in law or policy. We acknowledge that this is just a small part of a much larger picture: a broader, dynamic ecosystem of community paralegals operates effectively without state recognition in many countries. We aim to one day expand our research to offer a more comprehensive analysis of this larger universe. For now, however, our research briefs are limited to community paralegals who have been formally recognized by law or policy.
By better understanding national recognition and financing of paralegals across various contexts, practitioners can gain valuable insight to build and strengthen legal empowerment programs elsewhere. Legal empowerment expands meaningful, people-centered access to justice across the globe. This guide offers comparative analysis to support practitioners to strengthen and innovate on their existing efforts.
Contributions to the guide
Each of these briefs is a living document– if you have an update, addition or a correction, please contact us at community@namati.org. You can also submit national research on community paralegals by country or region to add to each section below. New briefs will be added on an on-going basis as they are researched, revised, and published.
The original desk research for each research brief was provided by the international law firm, White & Case LLP. Every brief has also been written with consultation and input from national experts who are directly involved with grassroots legal advocates in their country.
Namati offers this brief in the hope that Myanmar’s national reforms and the implementation of the country’s new National Land Use Policy can grow from the lived experience of ordinary Myanmar citizens. Namati and our partners assist farmers in Myanmar to claim their land rights through a community paralegal approach. Community paralegals are trained in relevant laws, community education, negotiation, and mediation skills to work with farmers to resolve a variety of land rights issues. Dozens of data points are documented as part of each case resolution process that illustrate how the legal framework functions in practice. It is this casework data that underpins this policy brief. Focus groups and interviews with paralegals and clients further provide qualitative context and insights.
Namati recommends actions the Myanmar government can take as part of implementing its new National Land Use Policy to help increase women’s engagement in land use management and access to tenure rights. This briefing also provides recommendations for civil society organizations interested in the community paralegal model, and, in particular, in increasing the number of women paralegals in the country as a means of women’s empowerment.